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ENDLESS SPACE 2 ALPHA VERSION END-USER LICENCE AGREEMENT
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS ALPHA VERSION END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THIS ALPHA VERSION OF THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes an alpha version of Endless Space 2 video game that might be followed by a beta version of Endless Space 2 video game, before the final release of the software. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use the software and, before its release, to use the alpha (and possibly the beta) version of Endless Space 2 video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Endless Space 2 Alpha Version End-User License Agreement ("ALPHA VERSION EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of the alpha version of Endless Space 2 video game and/or the beta version of Endless Space 2 video game, including: computer software, programs, its code, objects including their APIs, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the alpha and/or beta version, and "online" or electronic documentation relating to the alpha and/or beta version ("ALPHA VERSION").
By installing, downloading, creating a back-up, or otherwise using the ALPHA VERSION, the LICENSEE agrees to become a party to and to be bound by the terms of this ALPHA VERSION EULA. If the LICENSEE does not agree to the terms of this ALPHA VERSION EULA, the LICENSEE shall not install or use the ALPHA VERSION or must destroy the ALPHA VERSION and any copies thereof.
Be aware that the ALPHA VERSION is still under development and testing. By downloading this ALPHA VERSION, the LICENSEE is getting an exclusive look at a new software product and can act as an Alpha test team member. The LICENSEE is encouraged to report any bugs and problems or to suggest improvements at the following address: https://www.games2gether.com/endless-space-2/forum.
1. GRANT OF LICENSE.
In consideration for the payment by the LICENSEE of the purchase price of Endless Space 2 video game, including: computer software, programs, its code, objects including their APIs, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT") and subject to the terms and conditions of this ALPHA VERSION EULA, the LICENSOR grants to the LICENSEE, in consideration for the payment of the purchase price and until the downloading of the SOFTWARE PRODUCT, a limited non-exclusive and non-transferable license to use the ALPHA VERSION for the sole purpose of testing it.
The LICENSEE acknowledges that the ALPHA VERSION is still under development and is likely to contain bugs. Thus, the LICENSEE is solely responsible for ascertaining the fitness of the ALPHA VERSION for its permitted use, and for checking that it is sufficiently free from error and malfunction for such use.
2. RIGHTS AND LIMITATIONS.
The LICENSEE may download, install and use the ALPHA VERSION on any computer free of charge for testing purposes only, without restrictions. More generally, the LICENSEE shall use the ALPHA VERSION in accordance with the applicable documentation and the terms and conditions of this ALPHA VERSION EULA.
The LICENSEE shall not:
- Incorporate the ALPHA VERSION into any other "commercial" software product,
- Display, distribute, resell, rent, loan or make available the ALPHA VERSION to a third party, on any basis and for any reason,
- Reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the ALPHA VERSION, except as permitted by applicable law and to the extent that the LICENSOR is not permitted by such applicable law to exclude or limit such rights, the source code underlying the ALPHA VERSION constituting a trade secret,
- Make more copies of the ALPHA VERSION than allowed by applicable law,
- Grant sub-licenses, either directly or indirectly, in part or in whole to the ALPHA VERSION,
3. PROPERTY RIGHTS.
This ALPHA VERSION EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the ALPHA VERSION and any copy of the ALPHA VERSION made by the LICENSEE are and remain exclusively owned by the LICENSOR. The ALPHA VERSION is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the ALPHA VERSION like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the ALPHA VERSION or any copy of the ALPHA VERSION. Except as specifically provided for in this ALPHA VERSION EULA, the LICENSOR reserves all of its other rights.
4. USE RESTRICTIONS.
The LICENSEE agrees that the ALPHA VERSION will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.
5. DISCLAIMERS.
THE LICENSEE UNDERSTANDS THAT THE ALPHA VERSION OF THE SOFTWARE PRODUCT HAS NOT BEEN THOROUGHLY TESTED AND MAY CONTAIN DEFECTS AND BUGS AND THAT THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE ALPHA VERSION IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE ALPHA VERSION IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE ALPHA VERSION IS AT THE LICENSEE’S SOLE RISK.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS ALPHA VERSION, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INCREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS ALPHA VERSION EULA OR THE DELIVERY, USE OR PERFORMANCE OF THE ALPHA VERSION, OR CONTENT DISTRIBUTED THROUGH THE ALPHA VERSION, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE’S EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE LICENSOR IS TO STOP USING THE SOFTWARE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF THE LICENSOR TO THE LICENSEE EXCEED THE AMOUNT THAT THE LICENSEE PAID TO THE LICENSOR OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE LICENSOR SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. INDEMNIFICATION.
Upon a request by the LICENSOR, the LICENSEE agrees to defend, indemnify, and hold the LICENSOR and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) the LICENSEE’s use of, or activities in connection with the SOFTWARE PRODUCT; (b) any violation of the EULA by the LICENSEE; or (c) any allegation that any content that the LICENSEE makes available via the SOFTWARE PRODUCT infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. The LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the LICENSEE, in which event the LICENSEE will cooperate with the LICENSOR in asserting any available defenses.
7. EMAIL, MESSAGING, BLOGGING AND CHAT.
The LICENSOR may make email, messaging, blogging, or chat (collectively, "COMMUNICATION SOFTWARE") available through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR is not responsible for communications made by other users via the COMMUNICATION SOFTWARE. The LICENSOR is not responsible for communications made by the LICENSEE via the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that the LICENSEE’s communications made via the COMMUNICATION SOFTWARE are public and not private communications and that the LICENSEE has no expectation of privacy concerning the LICENSEE’s use of the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that personal information that the LICENSEE communicates via the COMMUNICATION SOFTWARE may be seen and used by others and may result in widespread distribution of such information. The LICENSOR strongly encourages the LICENSEE not to disclose any personal information in the LICENSEE’s public communications via the COMMUNICATION SOFTWARE unless the LICENSEE wishes such information to be made permanently available to the public.
The LICENSOR may provide links to other third-party World Wide web sites or resources through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR makes no representations whatsoever about any other web site which the LICENSEE may access. Because the LICENSOR has no control over such sites and resources, the LICENSEE acknowledges and agrees that the LICENSOR is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and the LICENSEE accesses these websites at the LICENSEE’s own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to the LICENSEE, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. The LICENSOR makes no representation or warranty as to any third party content, products or services, and the LICENSEE agrees that the LICENSOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
8. DATA PROTECTION.
THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR DOES AND MAY COLLECT DATA DERIVED FROM THE LICENSEE’S PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, THE LICENSOR MAY COLLECT OR PROCESS INFORMATION ABOUT THE LICENSEE’S COMPUTER, INCLUDING WHERE AVAILABLE THE LICENSEE’S IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT THE LICENSEE’S BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING THE LICENSOR IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about the LICENSOR’s privacy policy can be found at http://www.sega.fr/Privacy).
9. APPLICABLE LAW.
This ALPHA VERSION EULA shall be governed by French law unless the LICENSEE acquired the ALPHA VERSION outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.
* *
*
The final version of the Endless Space 2 video game is intended to be released within several months from the launch date of the ALPHA VERSION (as determined by the LICENSOR in its sole discretion). By purchasing in advance this software, you will be able to use the alpha version and, possibly the beta version, during the in-between period and will then be subject to the previous ALPHA VERSION EULA. Once you download the final version of the Endless Space 2 video game, you will be automatically and without notice subject to the following EULA.
ENDLESS SPACE 2 END-USER LICENCE AGREEMENT
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes and markets this Endless Space 2 video game. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use this Endless Space 2 video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Endless Space 2 End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of Endless Space 2 video game, including: computer software, programs, its code, objects including their APIs, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, downloading, creating a back-up, or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE PRODUCT or must destroy the SOFTWARE PRODUCT and any copies thereof.
1. GRANT OF LICENSE.
In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE a limited non-exclusive and non-transferable license to use the SOFTWARE PRODUCT.
If the LICENSOR releases and distributes subsequent versions of the Endless Space 2 video game, the LICENSOR shall freely and at any time in its sole discretion alter prices, features, licensing terms, or other characteristics of the commercial release, which the LICENSEE expressly accepts.
2. RIGHTS AND LIMITATIONS.
The LICENSEE may download, install and use the SOFTWARE PRODUCT in accordance with the documentation and the terms and conditions of this EULA.
The LICENSEE shall not:
- Incorporate the SOFTWARE PRODUCT into any other "commercial" software product,
- Display, distribute, resell, rent, loan or make available the SOFTWARE PRODUCT to a third party, on any basis and for any reason,
- Make more copies of the SOFTWARE PRODUCT than allowed by applicable law,
- Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT,
The LICENSEE understands that the source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Nevertheless, the LICENSOR allows the LICENSEE, under its sole responsibility and at its own risks, to reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE PRODUCT to create or to perform a function not originally conceived or intended by the LICENSOR and/or to create new or altered content (“USER-GENERATED CONTENT”). The LICENSOR makes no express or implied representations or warranties whatsoever regarding (i) the USER-GENERATED CONTENT and (ii) any consequences of any kind arising out of or relating to the USER-GENERATED CONTENT.
The LICENSOR acknowledges and agrees that all right, title and interest in the USER-GENERATED CONTENT (excluding the SOFTWARE PRODUCT) shall belong to the LICENSEE. To the extent required by the LICENSOR, with respect to the USER-GENERATED CONTENT, the LICENSEE automatically grants to the LICENSOR the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the USER-GENERATED CONTENT (or any part thereof) in any way the LICENSOR sees fit.
For the avoidance of doubt, the license does not grant the LICENSEE any rights to the resale of the USER-GENERATED CONTENT or the SOFTWARE PRODUCT.
The LICENSEE hereby warrants and represents that any USER-GENERATED CONTENT shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of the LICENSOR.
The LICENSEE hereby warrants and represents that any USER-GENERATED CONTENT will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to the LICENSOR and shall not be used for commercial exploitation by the LICENSEE (through pay-per-play or timesharing services or otherwise) unless expressly authorised by the LICENSOR.
3. PROPERTY RIGHTS.
This EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the SOFTWARE PRODUCT and any copy of the SOFTWARE PRODUCT made by the LICENSEE are and remain exclusively owned by the LICENSOR. The SOFTWARE PRODUCT is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE PRODUCT like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy of the SOFTWARE PRODUCT. Except as specifically provided for in this EULA, the LICENSOR reserves all of its other rights.
4. USE RESTRICTIONS.
The LICENSEE agrees that the SOFTWARE PRODUCT will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.
5. DISCLAIMERS.
THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE PRODUCT IS AT THE LICENSEE’S SOLE RISK.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS SOFTWARE PRODUCT, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INCREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT.
THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE’S EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE LICENSOR IS TO STOP USING THE SOFTWARE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF THE LICENSOR TO THE LICENSEE EXCEED THE AMOUNT THAT THE LICENSEE PAID TO THE LICENSOR OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE LICENSOR SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. INDEMNIFICATION.
Upon a request by the LICENSOR, the LICENSEE agrees to defend, indemnify, and hold the LICENSOR and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) the LICENSEE’s use of, or activities in connection with the SOFTWARE PRODUCT; (b) any violation of the EULA by the LICENSEE; or (c) any allegation that any content that the LICENSEE makes available via the SOFTWARE PRODUCT infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. The LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the LICENSEE, in which event the LICENSEE will cooperate with the LICENSOR in asserting any available defenses.
7. EMAIL, MESSAGING, BLOGGING AND CHAT.
The LICENSOR may make email, messaging, blogging, or chat (collectively, "COMMUNICATION SOFTWARE") available through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR is not responsible for communications made by other users via the COMMUNICATION SOFTWARE. The LICENSOR is not responsible for communications made by the LICENSEE via the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that the LICENSEE’s communications made via the COMMUNICATION SOFTWARE are public and not private communications and that the LICENSEE has no expectation of privacy concerning the LICENSEE’s use of the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that personal information that the LICENSEE communicates via the COMMUNICATION SOFTWARE may be seen and used by others and may result in widespread distribution of such information. The LICENSOR strongly encourages the LICENSEE not to disclose any personal information in the LICENSEE’s public communications via the COMMUNICATION SOFTWARE unless the LICENSEE wishes such information to be made permanently available to the public.
The LICENSOR may provide links to other third-party World Wide web sites or resources through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR makes no representations whatsoever about any other web site which the LICENSEE may access. Because the LICENSOR has no control over such sites and resources, the LICENSEE acknowledges and agrees that the LICENSOR is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and the LICENSEE accesses these websites at the LICENSEE’s own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to the LICENSEE, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. The LICENSOR makes no representation or warranty as to any third party content, products or services, and the LICENSEE agrees that the LICENSOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
8. DATA PROTECTION.
THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR DOES AND MAY COLLECT DATA DERIVED FROM THE LICENSEE’S PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, THE LICENSOR MAY COLLECT OR PROCESS INFORMATION ABOUT THE LICENSEE’S COMPUTER, INCLUDING WHERE AVAILABLE THE LICENSEE’S IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT THE LICENSEE’S BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING THE LICENSOR IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about the LICENSOR’s privacy policy can be found at http://www.sega.fr/Privacy).
9. APPLICABLE LAW.
This EULA shall be governed by French law unless the LICENSEE acquired the SOFTWARE PRODUCT outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS ALPHA VERSION END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THIS ALPHA VERSION OF THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes an alpha version of Endless Space 2 video game that might be followed by a beta version of Endless Space 2 video game, before the final release of the software. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use the software and, before its release, to use the alpha (and possibly the beta) version of Endless Space 2 video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Endless Space 2 Alpha Version End-User License Agreement ("ALPHA VERSION EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of the alpha version of Endless Space 2 video game and/or the beta version of Endless Space 2 video game, including: computer software, programs, its code, objects including their APIs, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the alpha and/or beta version, and "online" or electronic documentation relating to the alpha and/or beta version ("ALPHA VERSION").
By installing, downloading, creating a back-up, or otherwise using the ALPHA VERSION, the LICENSEE agrees to become a party to and to be bound by the terms of this ALPHA VERSION EULA. If the LICENSEE does not agree to the terms of this ALPHA VERSION EULA, the LICENSEE shall not install or use the ALPHA VERSION or must destroy the ALPHA VERSION and any copies thereof.
Be aware that the ALPHA VERSION is still under development and testing. By downloading this ALPHA VERSION, the LICENSEE is getting an exclusive look at a new software product and can act as an Alpha test team member. The LICENSEE is encouraged to report any bugs and problems or to suggest improvements at the following address: https://www.games2gether.com/endless-space-2/forum.
1. GRANT OF LICENSE.
In consideration for the payment by the LICENSEE of the purchase price of Endless Space 2 video game, including: computer software, programs, its code, objects including their APIs, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT") and subject to the terms and conditions of this ALPHA VERSION EULA, the LICENSOR grants to the LICENSEE, in consideration for the payment of the purchase price and until the downloading of the SOFTWARE PRODUCT, a limited non-exclusive and non-transferable license to use the ALPHA VERSION for the sole purpose of testing it.
The LICENSEE acknowledges that the ALPHA VERSION is still under development and is likely to contain bugs. Thus, the LICENSEE is solely responsible for ascertaining the fitness of the ALPHA VERSION for its permitted use, and for checking that it is sufficiently free from error and malfunction for such use.
2. RIGHTS AND LIMITATIONS.
The LICENSEE may download, install and use the ALPHA VERSION on any computer free of charge for testing purposes only, without restrictions. More generally, the LICENSEE shall use the ALPHA VERSION in accordance with the applicable documentation and the terms and conditions of this ALPHA VERSION EULA.
The LICENSEE shall not:
- Incorporate the ALPHA VERSION into any other "commercial" software product,
- Display, distribute, resell, rent, loan or make available the ALPHA VERSION to a third party, on any basis and for any reason,
- Reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the ALPHA VERSION, except as permitted by applicable law and to the extent that the LICENSOR is not permitted by such applicable law to exclude or limit such rights, the source code underlying the ALPHA VERSION constituting a trade secret,
- Make more copies of the ALPHA VERSION than allowed by applicable law,
- Grant sub-licenses, either directly or indirectly, in part or in whole to the ALPHA VERSION,
3. PROPERTY RIGHTS.
This ALPHA VERSION EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the ALPHA VERSION and any copy of the ALPHA VERSION made by the LICENSEE are and remain exclusively owned by the LICENSOR. The ALPHA VERSION is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the ALPHA VERSION like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the ALPHA VERSION or any copy of the ALPHA VERSION. Except as specifically provided for in this ALPHA VERSION EULA, the LICENSOR reserves all of its other rights.
4. USE RESTRICTIONS.
The LICENSEE agrees that the ALPHA VERSION will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.
5. DISCLAIMERS.
THE LICENSEE UNDERSTANDS THAT THE ALPHA VERSION OF THE SOFTWARE PRODUCT HAS NOT BEEN THOROUGHLY TESTED AND MAY CONTAIN DEFECTS AND BUGS AND THAT THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE ALPHA VERSION IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE ALPHA VERSION IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE ALPHA VERSION IS AT THE LICENSEE’S SOLE RISK.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS ALPHA VERSION, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INCREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS ALPHA VERSION EULA OR THE DELIVERY, USE OR PERFORMANCE OF THE ALPHA VERSION, OR CONTENT DISTRIBUTED THROUGH THE ALPHA VERSION, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE’S EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE LICENSOR IS TO STOP USING THE SOFTWARE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF THE LICENSOR TO THE LICENSEE EXCEED THE AMOUNT THAT THE LICENSEE PAID TO THE LICENSOR OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE LICENSOR SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. INDEMNIFICATION.
Upon a request by the LICENSOR, the LICENSEE agrees to defend, indemnify, and hold the LICENSOR and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) the LICENSEE’s use of, or activities in connection with the SOFTWARE PRODUCT; (b) any violation of the EULA by the LICENSEE; or (c) any allegation that any content that the LICENSEE makes available via the SOFTWARE PRODUCT infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. The LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the LICENSEE, in which event the LICENSEE will cooperate with the LICENSOR in asserting any available defenses.
7. EMAIL, MESSAGING, BLOGGING AND CHAT.
The LICENSOR may make email, messaging, blogging, or chat (collectively, "COMMUNICATION SOFTWARE") available through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR is not responsible for communications made by other users via the COMMUNICATION SOFTWARE. The LICENSOR is not responsible for communications made by the LICENSEE via the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that the LICENSEE’s communications made via the COMMUNICATION SOFTWARE are public and not private communications and that the LICENSEE has no expectation of privacy concerning the LICENSEE’s use of the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that personal information that the LICENSEE communicates via the COMMUNICATION SOFTWARE may be seen and used by others and may result in widespread distribution of such information. The LICENSOR strongly encourages the LICENSEE not to disclose any personal information in the LICENSEE’s public communications via the COMMUNICATION SOFTWARE unless the LICENSEE wishes such information to be made permanently available to the public.
The LICENSOR may provide links to other third-party World Wide web sites or resources through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR makes no representations whatsoever about any other web site which the LICENSEE may access. Because the LICENSOR has no control over such sites and resources, the LICENSEE acknowledges and agrees that the LICENSOR is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and the LICENSEE accesses these websites at the LICENSEE’s own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to the LICENSEE, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. The LICENSOR makes no representation or warranty as to any third party content, products or services, and the LICENSEE agrees that the LICENSOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
8. DATA PROTECTION.
THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR DOES AND MAY COLLECT DATA DERIVED FROM THE LICENSEE’S PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, THE LICENSOR MAY COLLECT OR PROCESS INFORMATION ABOUT THE LICENSEE’S COMPUTER, INCLUDING WHERE AVAILABLE THE LICENSEE’S IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT THE LICENSEE’S BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING THE LICENSOR IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about the LICENSOR’s privacy policy can be found at http://www.sega.fr/Privacy).
9. APPLICABLE LAW.
This ALPHA VERSION EULA shall be governed by French law unless the LICENSEE acquired the ALPHA VERSION outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.
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The final version of the Endless Space 2 video game is intended to be released within several months from the launch date of the ALPHA VERSION (as determined by the LICENSOR in its sole discretion). By purchasing in advance this software, you will be able to use the alpha version and, possibly the beta version, during the in-between period and will then be subject to the previous ALPHA VERSION EULA. Once you download the final version of the Endless Space 2 video game, you will be automatically and without notice subject to the following EULA.
ENDLESS SPACE 2 END-USER LICENCE AGREEMENT
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes and markets this Endless Space 2 video game. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use this Endless Space 2 video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Endless Space 2 End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of Endless Space 2 video game, including: computer software, programs, its code, objects including their APIs, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, downloading, creating a back-up, or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE PRODUCT or must destroy the SOFTWARE PRODUCT and any copies thereof.
1. GRANT OF LICENSE.
In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE a limited non-exclusive and non-transferable license to use the SOFTWARE PRODUCT.
If the LICENSOR releases and distributes subsequent versions of the Endless Space 2 video game, the LICENSOR shall freely and at any time in its sole discretion alter prices, features, licensing terms, or other characteristics of the commercial release, which the LICENSEE expressly accepts.
2. RIGHTS AND LIMITATIONS.
The LICENSEE may download, install and use the SOFTWARE PRODUCT in accordance with the documentation and the terms and conditions of this EULA.
The LICENSEE shall not:
- Incorporate the SOFTWARE PRODUCT into any other "commercial" software product,
- Display, distribute, resell, rent, loan or make available the SOFTWARE PRODUCT to a third party, on any basis and for any reason,
- Make more copies of the SOFTWARE PRODUCT than allowed by applicable law,
- Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT,
The LICENSEE understands that the source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Nevertheless, the LICENSOR allows the LICENSEE, under its sole responsibility and at its own risks, to reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE PRODUCT to create or to perform a function not originally conceived or intended by the LICENSOR and/or to create new or altered content (“USER-GENERATED CONTENT”). The LICENSOR makes no express or implied representations or warranties whatsoever regarding (i) the USER-GENERATED CONTENT and (ii) any consequences of any kind arising out of or relating to the USER-GENERATED CONTENT.
The LICENSOR acknowledges and agrees that all right, title and interest in the USER-GENERATED CONTENT (excluding the SOFTWARE PRODUCT) shall belong to the LICENSEE. To the extent required by the LICENSOR, with respect to the USER-GENERATED CONTENT, the LICENSEE automatically grants to the LICENSOR the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the USER-GENERATED CONTENT (or any part thereof) in any way the LICENSOR sees fit.
For the avoidance of doubt, the license does not grant the LICENSEE any rights to the resale of the USER-GENERATED CONTENT or the SOFTWARE PRODUCT.
The LICENSEE hereby warrants and represents that any USER-GENERATED CONTENT shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of the LICENSOR.
The LICENSEE hereby warrants and represents that any USER-GENERATED CONTENT will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to the LICENSOR and shall not be used for commercial exploitation by the LICENSEE (through pay-per-play or timesharing services or otherwise) unless expressly authorised by the LICENSOR.
3. PROPERTY RIGHTS.
This EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the SOFTWARE PRODUCT and any copy of the SOFTWARE PRODUCT made by the LICENSEE are and remain exclusively owned by the LICENSOR. The SOFTWARE PRODUCT is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE PRODUCT like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy of the SOFTWARE PRODUCT. Except as specifically provided for in this EULA, the LICENSOR reserves all of its other rights.
4. USE RESTRICTIONS.
The LICENSEE agrees that the SOFTWARE PRODUCT will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.
5. DISCLAIMERS.
THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE PRODUCT IS AT THE LICENSEE’S SOLE RISK.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS SOFTWARE PRODUCT, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INCREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT.
THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE’S EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE LICENSOR IS TO STOP USING THE SOFTWARE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF THE LICENSOR TO THE LICENSEE EXCEED THE AMOUNT THAT THE LICENSEE PAID TO THE LICENSOR OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE LICENSOR SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. INDEMNIFICATION.
Upon a request by the LICENSOR, the LICENSEE agrees to defend, indemnify, and hold the LICENSOR and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) the LICENSEE’s use of, or activities in connection with the SOFTWARE PRODUCT; (b) any violation of the EULA by the LICENSEE; or (c) any allegation that any content that the LICENSEE makes available via the SOFTWARE PRODUCT infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. The LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the LICENSEE, in which event the LICENSEE will cooperate with the LICENSOR in asserting any available defenses.
7. EMAIL, MESSAGING, BLOGGING AND CHAT.
The LICENSOR may make email, messaging, blogging, or chat (collectively, "COMMUNICATION SOFTWARE") available through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR is not responsible for communications made by other users via the COMMUNICATION SOFTWARE. The LICENSOR is not responsible for communications made by the LICENSEE via the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that the LICENSEE’s communications made via the COMMUNICATION SOFTWARE are public and not private communications and that the LICENSEE has no expectation of privacy concerning the LICENSEE’s use of the COMMUNICATION SOFTWARE. The LICENSEE acknowledges and agrees that personal information that the LICENSEE communicates via the COMMUNICATION SOFTWARE may be seen and used by others and may result in widespread distribution of such information. The LICENSOR strongly encourages the LICENSEE not to disclose any personal information in the LICENSEE’s public communications via the COMMUNICATION SOFTWARE unless the LICENSEE wishes such information to be made permanently available to the public.
The LICENSOR may provide links to other third-party World Wide web sites or resources through the SOFTWARE PRODUCT, either directly or through a third-party provider. The LICENSOR makes no representations whatsoever about any other web site which the LICENSEE may access. Because the LICENSOR has no control over such sites and resources, the LICENSEE acknowledges and agrees that the LICENSOR is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and the LICENSEE accesses these websites at the LICENSEE’s own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to the LICENSEE, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. The LICENSOR makes no representation or warranty as to any third party content, products or services, and the LICENSEE agrees that the LICENSOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
8. DATA PROTECTION.
THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR DOES AND MAY COLLECT DATA DERIVED FROM THE LICENSEE’S PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, THE LICENSOR MAY COLLECT OR PROCESS INFORMATION ABOUT THE LICENSEE’S COMPUTER, INCLUDING WHERE AVAILABLE THE LICENSEE’S IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT THE LICENSEE’S BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING THE LICENSOR IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about the LICENSOR’s privacy policy can be found at http://www.sega.fr/Privacy).
9. APPLICABLE LAW.
This EULA shall be governed by French law unless the LICENSEE acquired the SOFTWARE PRODUCT outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.