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BANDAI NAMCO ENTERTAINMENT
RISE OF INCARNATES
END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY:
Last Updated: July 1 , 2015
This End User License Agreement (this “EULA”) may be updated from time to time. Your continued use of the Game (as defined below) after a revised version has been posted at http://www.riseofincarnates.com constitutes acceptance by you of its terms.
THE GAME IS LICENSED TO YOU ON THE TERMS SET FORTH IN THIS EULA, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT INC. AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, INCLUDING BANDAI NAMCO ENTERTAINMENT EUROPE S.A.S. AND BANDAI NAMCO ENTERTAINMENT AMERICA INC. (COLLECTIVELY, "BNE"). BY ACCESSING, PLAYING, INSTALLING, OR OTHERWISE USING THE GAME IN ANY WAY, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA WITH BNE.
THIS EULA CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF YOU LIVE OUTSIDE THE UNITED STATES, SOME OR ALL OF THE ARBITRATION PROVISION MAY NOT APPLY TO YOU.
Rise of Incarnates, including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”), is protected by domestic and foreign copyright laws as well as international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this EULA confers no title or ownership to the Game or any copy thereof. In addition to the terms and conditions hereof, when accessing and using particular portions of the Game, including, without limitation, any multi-player, online, or downloadable content, you may be subject to additional guidelines of third-party service providers.
1. PRECONDITIONS OF THE LICENSES. The licenses granted in this EULA are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
a. You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your legal representative (e.g., a parent or a person who has parental authority) must agree on your behalf to comply, and take full responsibility for your compliance, with this EULA prior to your use of the Game;
b. You agree to and comply with all of the terms in this EULA, and any additional terms as may be applicable to the Game, which acceptance is evidenced by your access to and use of the Game;
c. If the Game is provided through the Steam platform provided by Valve Corporation or its affiliates or licensors, you accept all applicable terms and conditions for such platform, which acceptance is evidenced by your access to and use of the Game;
d. You access and use the Game only on local machines running validly-licensed copies of operating systems on which the Game is designed to operate and which meet the minimum requirements set by BNE (collectively, the “Hardware”);
e. You do not use any hacks, cracks, bots, or third-party technology that may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers that enable use of any features of the Game; and
2. LIMITED USE LICENSE. Subject to the terms of this EULA, BNE grants you the non-exclusive, non-transferable, revocable, limited right and license to access and use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To access and use the Game, you must have legally obtained the Game from BNE and all Hardware and/or third-party products and services required to operate the Game and/or access any online, multi-player, or downloadable portion of the Game that BNE does not provide. You are responsible for paying all fees, taxes, and other costs you may incur to access and use the Game, including, but not limited to, costs for any Hardware, Internet service, or other third-party products and services required to access any multi-player, online, or downloadable portions of the Game. Neither this EULA nor your access to or use of the Game entitles you to any future releases of the Game or any expansions, sequels, or similar or ancillary products. You have no interest, monetary or otherwise, in any feature or content contained in or related to the Game.
3. GAME CURRENCY AND VIRTUAL ITEMS.
3.1 BNE may offer you the ability to: (a) purchase a limited license to use virtual currency (“Purchased Game Currency”); (b) earn a limited license to use virtual currency by performing specified tasks in the Game (together with the Purchased Game Currency, “Game Currency”); and/or (c) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by BNE in the Game (collectively, “Virtual Items”). If BNE offers the ability to purchase or earn such licenses, BNE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this EULA and your compliance therewith.
3.2 BNE will credit any Game Currency and/or Virtual Items earned or purchased by you to your Game account. You may only use Game Currency and Virtual Items in the Game. Game Currency and Virtual Items may only be redeemed for Virtual Items for use in the Game and are not redeemable for money or monetary value from BNE or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither BNE nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that BNE may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law.
3.3 All purchases of Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Except for the purchase price of Purchased Game Currency, BNE does not charge any fees for the access, use, or non-use of Game Currency or Virtual Items.
3.4 BNE, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed. Except as otherwise prohibited by applicable law, BNE, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Game Currency and/or Virtual Items without notice or liability to you.
3.5 You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Game and as expressly permitted by BNE. Except as otherwise prohibited by applicable law, BNE reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
3.6 The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of this EULA.
4. OWNERSHIP. All intellectual property rights in and to the Game (including, but not limited to, video, audio, and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by BNE or its licensors, and you receive no right or interest therein, except for the limited licenses expressly provided herein.
You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute, or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including, but not limited to, on a commercial website or in a service bureau, "cyber cafe", computer gaming center, or any other commercial location in which a user may access or use the Game who has not purchased or been authorized by BNE;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable, or circumvent any proprietary notices or labels contained on or in the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.
5. SECURITY MEASURES/PROTECTIONS.
Certain security measures may be required in order for you to make full use of the Game, including, without limitation, the requirement to register the Game with a serial code, the requirement to have continuous access to the Internet, and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
6. USER-GENERATED CONTENT.
In exchange for access to and use of the Game and to the extent that you create content through access to and use of the Game (“User-Generated Content”), you hereby grant BNE an exclusive, perpetual, irrevocable, royalty-free, fully transferable, and sub-licensable worldwide right and license to use User-Generated Content in any way and for any purpose in connection with the Game and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit, and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BNE’s and other users’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license granted to BNE, and the above waiver of any applicable moral rights, shall survive any termination of this EULA.
7. ONLINE CONDUCT.
7.1 BNE does not pre-screen content of postings or online chats in the Game and does not assume any responsibility or liability for User-Generated Content. BNE does not assume any liability for any failure to remove, or any delay in removing, User-Generated Content. Without limiting any of its other rights and remedies under this EULA or applicable law, if BNE objects to any User-Generated Content for any reason, BNE, in its sole discretion may (either itself or, if applicable, by request to a third-party service provider): (a) remove the User-Generated Content; (b) give warnings to applicable persons; and/or (c) restrict, suspend, or terminate access to and use of the Game without any notice or liability.
7.2 You agree that you will be personally responsible for your access to and use of the Game, and for all of your communication and activity in connection with the Game, including any User-Generated Content.
7.3 You agree not to:
• Harass, threaten, embarrass, or do anything else to another user of the Game that is unwanted, as determined by BNE in its sole discretion.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by BNE in its sole discretion. Hate speech is not tolerated.
• Violate any terms or policies communicated by BNE from time to time.
• Promote or encourage any illegal activity, including hacking.
• Disclose your own or other users’ personal information to third parties.
• Impersonate any person or entity, including any BNE officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), "spamming," or any other disruptive or detrimental methods in an attempt to disturb other users of the Game.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to or use of the Game or to gain an unfair advantage over other users of the Game.
• Violate any applicable laws including, but not limited to, by posting, transmitting, promoting, or distributing content that violates any applicable law or regulation.
• Violate any rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local, and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of BNE or the third-party service provider (if applicable) in maintaining the Game for the enjoyment of all its users.
• Intentionally disconnect from the network during online play or allow yourself to be defeated by a given user repeatedly to help boost their rankings or win counts in the Game.
8. LIMITATION ON DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNE, ITS SUPPLIERS, ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION OF, ACCESS TO, USE OF, OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY. IN ANY CASE AND EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, BNE'S, ITS LICENSORS’, AND SUPPLIERS’ ENTIRE LIABILITY FOR ANY AND ALL DAMAGES UNDER THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
9. DISCLAIMER
9.1 BNE AND ITS SUPPLIERS AND LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNE AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (B) ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE, OR (C) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” BNE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BNE does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server. Some countries/regions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country/region to country/region.
9.2 BNE is not liable for any delay or failure to perform resulting from any causes beyond its reasonable control. Further, BNE cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
10. TERMINATION/SUSPENSION.
10.1 This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or BNE. You may terminate this EULA at any time by deleting and destroying any and all copies of the Game in your possession, custody, or control.
10.2 Except as otherwise prohibited by applicable law, BNE may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including, but not limited to, the Game Currency, Virtual Items, and any related services and products, at any time and for any reason without notice or liability to you.
10.3 Without limiting any other rights of BNE, if you fail to comply with the terms and conditions of this EULA, BNE retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.
10.4 Upon termination of this EULA, your limited rights and licenses to access and use the Game, Game Currency, Virtual Items, user data, points, character progress, and any other data of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
10.5 The termination of this EULA will not affect BNE’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive the termination of this EULA shall survive such termination.
11. PRIVACY. BNE respects your privacy rights. Any personal information supplied by you to BNE online or via any BNE-controlled website will be subject to the privacy policy posted at: (a) http://www.bandainamcoent.co.jp/english/privacy/index.php, if you are in Japan; (b) http://www.bandainamcoent.eu/privacy-policy if you are in a state member of the European Union or (c) http://legal.bandainamcoent.co.jp/privacy, if you are in any other territories. Notwithstanding what is stated in the applicable privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNE may also collect, use, store, transmit and publicly display statistical data regarding game play (including Steam ID, play log, play data (level, item), specifications of local machines, and residence regions), or identify content that is created and shared by you with other users.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Game has been developed entirely at private expense and is provided as a "Commercial Computer Game" or "restricted computer Game." Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Game clauses in DFARS 252.227-7013 or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Game Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.
13. INJUNCTION. Because BNE would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that BNE and/or its licensors and suppliers shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as BNE may otherwise have under applicable law.
14. INDEMNITY. You agree to indemnify, defend, and hold harmless BNE, its licensors, its suppliers, and each of their respective officers, directors, employees, and agents from all damages, losses, and expenses, including reasonable attorneys’ fees, arising, directly or indirectly, from any violation of this EULA by you or from your acts and omissions to act in using the Game. BNE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
15. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER.
IF YOU RESIDE IN A MEMBER STATE OF THE EUROPEAN UNION, THIS SECTION 15 DOES NOT APPLY TO YOU.
YOU AND BNE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNE IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (A) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNE; (B) THIS EULA; OR (C) YOUR ACCESS TO AND USE OF THE GAME. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or BNE may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from BNE for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND BNE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and BNE agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and BNE do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or BNE may commence an arbitration. Written notice to BNE must be sent via postal mail to: ATTN: Arbitration Notice, BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this EULA.
The AAA will administer the arbitration. If you are in the United States, arbitration will occur in a reasonable location convenient for you. If you are outside the United States, arbitration will take place in Los Angeles County, California. You and BNE agree to submit to the personal jurisdiction of that court.
If you seek $10,000 or less, BNE agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. BNE agrees not to seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000, the arbitration costs, including arbitrator compensation, will be split between you and BNE according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
YOU AND BNE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and BNE also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this EULA and all other actions or arbitrations.
If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action, or collective arbitration should be found illegal or unenforceable, you and BNE agree that it shall not be severable, that this entire Section shall be unenforceable, and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
This Section shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section, notwithstanding Section 16 (Governing Law), such provisions will not apply to you.
16. GOVERNING LAW.
16.1 If you reside in the United States of America:
Any dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by the state and federal courts located in Santa Clara County, California, and you and BNE agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of California, without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
16.2 If you reside in a state member of the European Union:
Any dispute shall be decided by the Commercial Court of Lyon, and you and BNE agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of Japan, without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
16.3 If you reside in any other location:
Any dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by the Tokyo District Court, and you and BNE agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of Japan, without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
17. MISCELLANEOUS. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in effect and be enforced as if the invalid or unenforceable provision were not contained herein. BNE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this EULA or your rights hereunder, and any attempt to the contrary is void. This EULA sets forth the entire understanding and agreement between BNE and you with respect to the subject matter hereof.
If you have any questions concerning this EULA, you may contact BANDAI NAMCO Entertainment Inc.’s customer service at http://bnfaq.channel.or.jp/english/faq_list/1636 or BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.
RISE OF INCARNATES
END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY:
Last Updated: July 1 , 2015
This End User License Agreement (this “EULA”) may be updated from time to time. Your continued use of the Game (as defined below) after a revised version has been posted at http://www.riseofincarnates.com constitutes acceptance by you of its terms.
THE GAME IS LICENSED TO YOU ON THE TERMS SET FORTH IN THIS EULA, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT INC. AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, INCLUDING BANDAI NAMCO ENTERTAINMENT EUROPE S.A.S. AND BANDAI NAMCO ENTERTAINMENT AMERICA INC. (COLLECTIVELY, "BNE"). BY ACCESSING, PLAYING, INSTALLING, OR OTHERWISE USING THE GAME IN ANY WAY, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA WITH BNE.
THIS EULA CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF YOU LIVE OUTSIDE THE UNITED STATES, SOME OR ALL OF THE ARBITRATION PROVISION MAY NOT APPLY TO YOU.
Rise of Incarnates, including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”), is protected by domestic and foreign copyright laws as well as international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this EULA confers no title or ownership to the Game or any copy thereof. In addition to the terms and conditions hereof, when accessing and using particular portions of the Game, including, without limitation, any multi-player, online, or downloadable content, you may be subject to additional guidelines of third-party service providers.
1. PRECONDITIONS OF THE LICENSES. The licenses granted in this EULA are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
a. You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your legal representative (e.g., a parent or a person who has parental authority) must agree on your behalf to comply, and take full responsibility for your compliance, with this EULA prior to your use of the Game;
b. You agree to and comply with all of the terms in this EULA, and any additional terms as may be applicable to the Game, which acceptance is evidenced by your access to and use of the Game;
c. If the Game is provided through the Steam platform provided by Valve Corporation or its affiliates or licensors, you accept all applicable terms and conditions for such platform, which acceptance is evidenced by your access to and use of the Game;
d. You access and use the Game only on local machines running validly-licensed copies of operating systems on which the Game is designed to operate and which meet the minimum requirements set by BNE (collectively, the “Hardware”);
e. You do not use any hacks, cracks, bots, or third-party technology that may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers that enable use of any features of the Game; and
2. LIMITED USE LICENSE. Subject to the terms of this EULA, BNE grants you the non-exclusive, non-transferable, revocable, limited right and license to access and use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To access and use the Game, you must have legally obtained the Game from BNE and all Hardware and/or third-party products and services required to operate the Game and/or access any online, multi-player, or downloadable portion of the Game that BNE does not provide. You are responsible for paying all fees, taxes, and other costs you may incur to access and use the Game, including, but not limited to, costs for any Hardware, Internet service, or other third-party products and services required to access any multi-player, online, or downloadable portions of the Game. Neither this EULA nor your access to or use of the Game entitles you to any future releases of the Game or any expansions, sequels, or similar or ancillary products. You have no interest, monetary or otherwise, in any feature or content contained in or related to the Game.
3. GAME CURRENCY AND VIRTUAL ITEMS.
3.1 BNE may offer you the ability to: (a) purchase a limited license to use virtual currency (“Purchased Game Currency”); (b) earn a limited license to use virtual currency by performing specified tasks in the Game (together with the Purchased Game Currency, “Game Currency”); and/or (c) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by BNE in the Game (collectively, “Virtual Items”). If BNE offers the ability to purchase or earn such licenses, BNE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this EULA and your compliance therewith.
3.2 BNE will credit any Game Currency and/or Virtual Items earned or purchased by you to your Game account. You may only use Game Currency and Virtual Items in the Game. Game Currency and Virtual Items may only be redeemed for Virtual Items for use in the Game and are not redeemable for money or monetary value from BNE or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither BNE nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that BNE may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law.
3.3 All purchases of Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Except for the purchase price of Purchased Game Currency, BNE does not charge any fees for the access, use, or non-use of Game Currency or Virtual Items.
3.4 BNE, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed. Except as otherwise prohibited by applicable law, BNE, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Game Currency and/or Virtual Items without notice or liability to you.
3.5 You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Game and as expressly permitted by BNE. Except as otherwise prohibited by applicable law, BNE reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
3.6 The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of this EULA.
4. OWNERSHIP. All intellectual property rights in and to the Game (including, but not limited to, video, audio, and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by BNE or its licensors, and you receive no right or interest therein, except for the limited licenses expressly provided herein.
You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute, or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including, but not limited to, on a commercial website or in a service bureau, "cyber cafe", computer gaming center, or any other commercial location in which a user may access or use the Game who has not purchased or been authorized by BNE;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable, or circumvent any proprietary notices or labels contained on or in the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.
5. SECURITY MEASURES/PROTECTIONS.
Certain security measures may be required in order for you to make full use of the Game, including, without limitation, the requirement to register the Game with a serial code, the requirement to have continuous access to the Internet, and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
6. USER-GENERATED CONTENT.
In exchange for access to and use of the Game and to the extent that you create content through access to and use of the Game (“User-Generated Content”), you hereby grant BNE an exclusive, perpetual, irrevocable, royalty-free, fully transferable, and sub-licensable worldwide right and license to use User-Generated Content in any way and for any purpose in connection with the Game and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit, and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BNE’s and other users’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license granted to BNE, and the above waiver of any applicable moral rights, shall survive any termination of this EULA.
7. ONLINE CONDUCT.
7.1 BNE does not pre-screen content of postings or online chats in the Game and does not assume any responsibility or liability for User-Generated Content. BNE does not assume any liability for any failure to remove, or any delay in removing, User-Generated Content. Without limiting any of its other rights and remedies under this EULA or applicable law, if BNE objects to any User-Generated Content for any reason, BNE, in its sole discretion may (either itself or, if applicable, by request to a third-party service provider): (a) remove the User-Generated Content; (b) give warnings to applicable persons; and/or (c) restrict, suspend, or terminate access to and use of the Game without any notice or liability.
7.2 You agree that you will be personally responsible for your access to and use of the Game, and for all of your communication and activity in connection with the Game, including any User-Generated Content.
7.3 You agree not to:
• Harass, threaten, embarrass, or do anything else to another user of the Game that is unwanted, as determined by BNE in its sole discretion.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by BNE in its sole discretion. Hate speech is not tolerated.
• Violate any terms or policies communicated by BNE from time to time.
• Promote or encourage any illegal activity, including hacking.
• Disclose your own or other users’ personal information to third parties.
• Impersonate any person or entity, including any BNE officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), "spamming," or any other disruptive or detrimental methods in an attempt to disturb other users of the Game.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to or use of the Game or to gain an unfair advantage over other users of the Game.
• Violate any applicable laws including, but not limited to, by posting, transmitting, promoting, or distributing content that violates any applicable law or regulation.
• Violate any rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local, and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of BNE or the third-party service provider (if applicable) in maintaining the Game for the enjoyment of all its users.
• Intentionally disconnect from the network during online play or allow yourself to be defeated by a given user repeatedly to help boost their rankings or win counts in the Game.
8. LIMITATION ON DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNE, ITS SUPPLIERS, ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION OF, ACCESS TO, USE OF, OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY. IN ANY CASE AND EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, BNE'S, ITS LICENSORS’, AND SUPPLIERS’ ENTIRE LIABILITY FOR ANY AND ALL DAMAGES UNDER THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
9. DISCLAIMER
9.1 BNE AND ITS SUPPLIERS AND LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNE AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (B) ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE, OR (C) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” BNE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BNE does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server. Some countries/regions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country/region to country/region.
9.2 BNE is not liable for any delay or failure to perform resulting from any causes beyond its reasonable control. Further, BNE cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
10. TERMINATION/SUSPENSION.
10.1 This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or BNE. You may terminate this EULA at any time by deleting and destroying any and all copies of the Game in your possession, custody, or control.
10.2 Except as otherwise prohibited by applicable law, BNE may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including, but not limited to, the Game Currency, Virtual Items, and any related services and products, at any time and for any reason without notice or liability to you.
10.3 Without limiting any other rights of BNE, if you fail to comply with the terms and conditions of this EULA, BNE retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.
10.4 Upon termination of this EULA, your limited rights and licenses to access and use the Game, Game Currency, Virtual Items, user data, points, character progress, and any other data of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
10.5 The termination of this EULA will not affect BNE’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive the termination of this EULA shall survive such termination.
11. PRIVACY. BNE respects your privacy rights. Any personal information supplied by you to BNE online or via any BNE-controlled website will be subject to the privacy policy posted at: (a) http://www.bandainamcoent.co.jp/english/privacy/index.php, if you are in Japan; (b) http://www.bandainamcoent.eu/privacy-policy if you are in a state member of the European Union or (c) http://legal.bandainamcoent.co.jp/privacy, if you are in any other territories. Notwithstanding what is stated in the applicable privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNE may also collect, use, store, transmit and publicly display statistical data regarding game play (including Steam ID, play log, play data (level, item), specifications of local machines, and residence regions), or identify content that is created and shared by you with other users.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Game has been developed entirely at private expense and is provided as a "Commercial Computer Game" or "restricted computer Game." Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Game clauses in DFARS 252.227-7013 or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Game Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.
13. INJUNCTION. Because BNE would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that BNE and/or its licensors and suppliers shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as BNE may otherwise have under applicable law.
14. INDEMNITY. You agree to indemnify, defend, and hold harmless BNE, its licensors, its suppliers, and each of their respective officers, directors, employees, and agents from all damages, losses, and expenses, including reasonable attorneys’ fees, arising, directly or indirectly, from any violation of this EULA by you or from your acts and omissions to act in using the Game. BNE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
15. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER.
IF YOU RESIDE IN A MEMBER STATE OF THE EUROPEAN UNION, THIS SECTION 15 DOES NOT APPLY TO YOU.
YOU AND BNE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNE IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (A) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNE; (B) THIS EULA; OR (C) YOUR ACCESS TO AND USE OF THE GAME. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or BNE may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from BNE for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND BNE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and BNE agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and BNE do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or BNE may commence an arbitration. Written notice to BNE must be sent via postal mail to: ATTN: Arbitration Notice, BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this EULA.
The AAA will administer the arbitration. If you are in the United States, arbitration will occur in a reasonable location convenient for you. If you are outside the United States, arbitration will take place in Los Angeles County, California. You and BNE agree to submit to the personal jurisdiction of that court.
If you seek $10,000 or less, BNE agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. BNE agrees not to seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000, the arbitration costs, including arbitrator compensation, will be split between you and BNE according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
YOU AND BNE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and BNE also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this EULA and all other actions or arbitrations.
If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action, or collective arbitration should be found illegal or unenforceable, you and BNE agree that it shall not be severable, that this entire Section shall be unenforceable, and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
This Section shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section, notwithstanding Section 16 (Governing Law), such provisions will not apply to you.
16. GOVERNING LAW.
16.1 If you reside in the United States of America:
Any dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by the state and federal courts located in Santa Clara County, California, and you and BNE agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of California, without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
16.2 If you reside in a state member of the European Union:
Any dispute shall be decided by the Commercial Court of Lyon, and you and BNE agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of Japan, without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
16.3 If you reside in any other location:
Any dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by the Tokyo District Court, and you and BNE agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of Japan, without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
17. MISCELLANEOUS. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in effect and be enforced as if the invalid or unenforceable provision were not contained herein. BNE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this EULA or your rights hereunder, and any attempt to the contrary is void. This EULA sets forth the entire understanding and agreement between BNE and you with respect to the subject matter hereof.
If you have any questions concerning this EULA, you may contact BANDAI NAMCO Entertainment Inc.’s customer service at http://bnfaq.channel.or.jp/english/faq_list/1636 or BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.