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END-USER LICENSE AGREEMENT
POLYGONE GAMES SAS
(IN THE COURSE OF REVISION)
This End-user license Contract, “EULA”, governs the use, by you, of the video game, as well as any upgrades, patches and updates and services associated with the “Product”, which are provided currently or will be later by POLYGONE GAMES. It sets out the conditions under which POLYGONE GAMES makes the Product available to you, the “User” or “You” and under which you may use it.
POLYGONE GAMES attaches great importance to respecting your privacy and undertakes not to divulge your personal data, except with your express permission or under particular circumstances. (GDPR is in the course of being implemented)
POLYGONE GAMES reserves the right to change, modify, add or delete articles of this EULA at any point.
1. GRANTING OF THE LICENSE.
1.1 POLYGONE GAMES (or its licensors) grants you a non-transferable, non-exclusive, non-commercial, personal license and unable to give rise to any sub-licenses, to install and/or use the Product (in whole or in part) and any Product (the License”) until such time as you or POLYGONE GAMES cancel this EULA.
Updates may prove to be necessary in order for you to continue to use the Product on certain equipment. These updates, in the form of a license, shall be provided to you free of charge.
However, certain parts of the Product can use characteristics from the third parties and may be governed by third-party providers. Please refer to their terms and conditions. Please inform yourself on their terms and conditions and prices.
1.2 You are prohibited from directly or indirectly, (1) marketing, exploiting, distributing, selling, lending, granting of a license, the Product or one of its parts; (2) decompiling, disassembling, adapting, reproducing the Product in whole or in part or creating derived works; (3) creating, utilizing and/or distributing “script”, “trainer” or “macro” computer programs or other “pirated” software programs or applications for this Product; (4) deleting, modifying or circumventing any copyright or trade name or other information, notices or labels about the author and the origin, which appear in or on the product and (5) exporting or re-exporting this Product or an adapted copy in breach of the applicable laws or regulations.
1.3 When you are using the Product, you undertakes to observe all applicable laws, rules and regulations. In all cases, you may only use the Product in conformity with its intended use. Under no circumstances may you:
share and/or publish a document in whatever form, in relation to the Product and which would be contrary to the duty of confidentiality, which would undermine the intellectual property rights, the right of protecting private life or inciting the commission of an illegal act.
hinder accessibility of the product or attempt to do so, for other users or the functioning of the Product’s network of partners.
use destructive devices, such a file where the data has been corrupted, any virus, worm, Trojan Horse, bomb, etc., in relation to the Product, or the servers of POLYGONE GAMES, and/or those of its service providers and partners;
create, provide or use other usage modes of the Product, for example, unauthorized use of the server by distributors;
transmit or communicate documents or content, which, according to POLYGONE GAMES, are considered or reputed to be offensive, and especially words, which are injurious, illegal, abusive, discriminatory, defamatory, derogatory, obscene, sexually explicit, or damaging from a racial, ethnic or other point of view;
abuse the Customer Services or send inaccurate reports to staff members of POLYGONE GAMES;
falsely claim to be a representative of POLYGONE GAMES or its partners and/or agents;
2. PROPERTY.
All titles, intellectual property rights and property rights concerning the Product (concepts, dialogs, graphics, music or sounds, all messages and information, fictional characters, names, themes, objects, countrysides, costumes, effects, dialogs, slogans, locations, characters, diagrams, illustrations, pictograms, choreography, photography, videos, audio-visual effects, videos, trailers, domain names and all other elements forming part of the Product, stand-alone or combined with others) and all copies which are made of them are the property of POLYGONE GAMES or its Licensors.
The Product is protected by the laws, treaty provisions on authorship rights and other laws in force at the national and international level. This product may contain elements under license. The licensors of POLYGONE GAMES can protect their rights in the event of a breach of this Contract. Any reproduction or representation of these elements under license in any fashion and for whatever reason is prohibited, except with the prior authorization of POLYGONE GAMES, licensors or representatives of POLYGONE GAMES. Apart from an express provision to the contrary in this EULA, all rights which are not granted to you in the context of this contract are expressly reserved to POLYGONE GAMES.
This License does not confer any rights or proprietorship concerning the Product. It must not be interpreted as a grant of rights relating to the Product.
3. ACCESS TO THE PRODUCT.
A single-use serial code is necessary to gain access to the online services and functionalities of this Product and to play. In application of local laws, AGE RESTRICTIONS MAY APPLY to access to the online services and functionalities.
To use the Product, your equipment must be compatible and you must have access to an electronic communication network. Connection charges are at your own exclusive cost. You are aware that the quality of the Product, delay in response or access to certain functionalities may depend on the capacity of your equipment, your compatible terminal and the electronic communication network. POLYGONE GAMES shall not be held responsible under any circumstances for any impairment of convenience to the user. You recognize that the Product may not be available on all devices or from all operators or network service providers.
POLYGONE GAMES may collect and store data about you in relation to the use you make of the product, your connection information and/or your compatible terminal. Certain data is recorded, analyzed and used to create statistics on the Product’s users. POLYGONE GAMES undertakes not to reveal your personal data to third parties, unless you have expressly authorized us to do so or under special circumstances. POLYGONE GAMES may find itself under an obligation to communicate or share your personal data as a legal obligation, or in order to protect its rights and those of other users and third parties. This especially involves exchanging information with other companies and organizations for the purposes of protecting against fraud and reducing credit risk.
4. ACCEPTANCE OF CONTROLS.
POLYGONE GAMES provides no guarantees and accepts no responsibility for those opinions, advice and/or recommendations displayed or that you send regarding the Product, including online “chats” about the Product or on social media. Such communications are the exclusive responsibility of the user in question.
5. ABSENCE OF ANY GUARANTEE, LIMITATION OF RESPONSIBILITY.
YOU EXPRESSLY RECOGNIZE THAT YOU ARE USING THE PRODUCT AT YOUR OWN RISK. Insofar as the law so permits, the product is supplied “as it stands” and according to availability.
POLYGONE GAMES, its Licensors, distribution partners and associated service providers provide no conditions nor warranties of any nature, whether express, tacit or legal, and rejects them all, as well as other terms, including those that concern: (1) its conformity, exactitude, relevance, comprehensiveness, reliability or harmlessness (2) its adequacy for a particular usage; (3) tacit guarantees of title and non-infringement; (4) its cash value; or (5) your satisfaction.
POLYGONE GAMES does not guarantee that the product shall be exempt from interruption or error, that faults be corrected or that the product be free of viruses or other harmful elements. You assume total responsibility for selecting the product in order to achieve those results you seek, as well as that of its installation, use and results which you obtain from it.
POLYGONE GAMES, its licensors, distribution partners and associated service providers, under the limits authorized by the law in force, shall not be held responsible for loss or damage sustained in relation to using the product or any associated third party service. Including, without limit: (1) all losses of any nature, resulting from tortious liability (including negligence and failure to comply with a legal obligation), a contract, false declarations (accidental or due to negligence) or even (2) direct damage; (3) accidental damage, (4) incidental damage, (5) consequential damage and (6) indirect damage.
Notwithstanding those limitations of responsibility mentioned above, your sole and exclusive remedy, in the event of disputes with POLYGONE GAMES or its licensors, distribution partners and associated service providers, consists of ceasing all use of the product and, if necessary, to request damages and interest for your losses. For any product bought with a view to use on a compatible terminal, which does not meet the applicable legal guarantees, the responsibility of POLYGONE GAMES is limited to reimbursement (directly or indirectly through its distribution partners or associated service providers) of the product’s purchase price. POLYGONE GAMES, its affiliated companies, licensors, distribution partners and associated service providers shall under no circumstances be held responsible for any damages greater than the price that you have paid to POLYGONE GAMES for the product over the course of twelve (12) months preceding the cause of your reason to act.
no term in this section 5 affects the responsibility of POLYGONE GAMES in the event of death or bodily injury resulting from the negligence of POLYGONE GAMES or in the case of fraud or false declaration, nor any other responsibility that could not be excluded or limited in terms of the law in force.
for the purposes of this section 5, the licensors of POLYGONE GAMES, its distribution partners and associated service providers benefit as third parties from the limitations of responsibility specified herein and can assert this EULA against you.
6. DAMAGES.
You assume total responsibility for damage caused to POLYGONE GAMES, its licensors, distribution partners and associated service providers and sub-contractors, other users of the product and any other natural person, from misconduct of your own relating to this EULA.
YOU UNDERTAKE BY THIS DOCUMENT TO GUARANTEE POLYGONE GAMES AND ITS AFFILIATED COMPANIES, THEIR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS, AS WELL AS THEIR SUB-CONTRACTORS AGAINST ALL PRESUMED REMEDIES, DEMANDS, DEBTS, LOSSES AND DAMAGES AND AGAINST ALL COSTS (LAWYERS’ FEES INCLUDED), DIRECTLY OR DIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR THEREBY RESULTING (a) IN FAILING TO OBSERVE ANY TERM IN THIS EULA OR (b) OF ANY USAGE, WHETHER MISUSE OR NOT, TO WHICH YOU HAVE SUBJECTED THE PRODUCT.
POLYGONE GAMES reserves the right to assume alone, at its own cost, the management of contesting any demand against which you have committed to guarantee POLYGONE GAMES. The terms of this Section 6 shall remain in force after the cancellation of this EULA.
7. CANCELLATION.
This EULA shall take effect upon the date that you buy the Product, on the date upon which you download it or the date upon which you start to use it, whichever is the earlier, and it shall remain in force until it has been cancelled in accordance with its terms. You and POLYGONE GAMES (or its licensors) may cancel this EULA at any time and for whatever reason. Cancellation of this EULA at the initiative of POLYGONE GAMES shall take effect (a) once you have been notified or (b) upon the date of the decision by POLYGONE GAMES to cease to offer the Product and/or to provide support for it. This EULA shall be cancelled automatically if you do not observe any one of its terms and conditions. Upon cancellation, for whatever reason, you must immediately uninstall the Product and destroy all copies of it, which are in your possession.
8. AMENDMENT OF THIS EULA OR THE PRODUCT.
POLYGONE GAMES reserves the right, at its own discretion, to revise, update, change, modify, add, complete or delete certain terms in this EULA for reasons of security, legality, best practice or regulations. You will not mandatorily receive any prior notice informing you of the taking effect of such amendments. You may check for the latest version of this EULA on www.polygone-games.com. You are required to consult the current EULA regularly in order to become aware of any modifications. If a future modification of this EULA seems unacceptable to you or causes you no longer to be in agreement or in compliance with this EULA, you may cancel this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. By continuing to use the Product after any revision to this EULA, you are accepting entirely and irrevocably all amendments made to the EULA.
POLYGONE GAMES may modify the Product for whatever reason or without any specific reason, at any time and at its own discretion, such as updates, maintenance operations and/or reboots intended to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that POLYGONE GAMES may cease to offer support for the Product, once an updated version becomes available. The distribution partners and associated service providers of POLYGONE GAMES are under no obligation to ensure the maintenance and Client Support for the Product. POLYGONE GAMES also reserves the right to amend the Rules of Conduct cited in Section 1, in order to impose limits on using the Product.
9. MISCELLANEOUS.
9.1 Product uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998, Epic Games, Inc. All rights reserved.
Disclaimers and Limitation of Liability : Product includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, [Licensor], Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Product, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Product, or will not revoke approval of this [Product] for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Licensor and Epic. Licensor, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Licensor’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Licensor, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. 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 Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.
9.2 The Product is subject to all those restrictions in force on exports. You must remain respectful of all laws, restrictions and regulations relating to exports and imports enacted by an agency or authority of the United States or any other country regarding the Product and the use that you make of it. The Product cannot be the object of any downloading, installation, exporting or re-exporting by or with the destination of any national or resident of a country, which the United States has voted to embargo, or intended for any person listed under Specially Designated Nationals at the US Department of the Treasury or the Table of Denial Orders of the US Department of Commerce. You declare and guarantee that you are not situated in one of these countries, that you are not under their control, that you are neither a national nor a resident of any of these countries and that you are not on any of these lists.
9.3 If a competent authority or court deems that a term of this EULA is invalid, illegal or unenforceable, that term or that part of the term in question, shall be considered, within the necessary limits, as deleted, and the validity and the enforceable nature of the other terms in this EULA shall not be affected. In the case where an invalid, non-enforceable or illegal term of this EULA shall become valid, enforceable and legal if a part of this term were deleted, it shall apply the minimal necessary amendment in order to make it valid, enforceable and legal, while still reflecting the initial intentions of POLYGONE GAMES.
9.4 The fact of POLYGONE GAMES (or its licensors) delaying in asserting or not asserting all its rights or any remedy foreseen in this EULA or by the law shall not represent any waiving of this right or remedy nor any other right or remedy, and shall not hinder nor restrict the exercise of such in the future. One instance of the exercising or the partial exercising of this right or remedy shall not hinder nor restrict the exercising of the right or remedy in question or any other right or remedy. The waiving of a right or remedy can only be considered as effective after becoming a signatory to a written declaration to that effect by POLYGONE GAMES or by the user.
9.5 This EULA is governed by French law, without application to its rules relating to the conflict of laws; and you expressly recognize the exclusive competence of French courts for any complaint or any dispute with POLYGONE GAMES, or in relation to any manner in this EULA or the use that you make of the Product, and you furthermore expressly accept and consent to the exercise of the territorial competence in French courts in relation to any dispute of this kind, including any complaint implicating POLYGONE GAMES and/or its subsidiaries, sub-contractors, distributors, vendors and suppliers of respective content.
For any questions about this EULA, you may contact POLYGONE GAMES at the following address: : contact@polygone-games.com
THIS EULA ONLY APPLIES INSOFAR AS ALLOWED BY THE LAW.
POLYGONE GAMES SAS
(IN THE COURSE OF REVISION)
This End-user license Contract, “EULA”, governs the use, by you, of the video game, as well as any upgrades, patches and updates and services associated with the “Product”, which are provided currently or will be later by POLYGONE GAMES. It sets out the conditions under which POLYGONE GAMES makes the Product available to you, the “User” or “You” and under which you may use it.
POLYGONE GAMES attaches great importance to respecting your privacy and undertakes not to divulge your personal data, except with your express permission or under particular circumstances. (GDPR is in the course of being implemented)
POLYGONE GAMES reserves the right to change, modify, add or delete articles of this EULA at any point.
1. GRANTING OF THE LICENSE.
1.1 POLYGONE GAMES (or its licensors) grants you a non-transferable, non-exclusive, non-commercial, personal license and unable to give rise to any sub-licenses, to install and/or use the Product (in whole or in part) and any Product (the License”) until such time as you or POLYGONE GAMES cancel this EULA.
Updates may prove to be necessary in order for you to continue to use the Product on certain equipment. These updates, in the form of a license, shall be provided to you free of charge.
However, certain parts of the Product can use characteristics from the third parties and may be governed by third-party providers. Please refer to their terms and conditions. Please inform yourself on their terms and conditions and prices.
1.2 You are prohibited from directly or indirectly, (1) marketing, exploiting, distributing, selling, lending, granting of a license, the Product or one of its parts; (2) decompiling, disassembling, adapting, reproducing the Product in whole or in part or creating derived works; (3) creating, utilizing and/or distributing “script”, “trainer” or “macro” computer programs or other “pirated” software programs or applications for this Product; (4) deleting, modifying or circumventing any copyright or trade name or other information, notices or labels about the author and the origin, which appear in or on the product and (5) exporting or re-exporting this Product or an adapted copy in breach of the applicable laws or regulations.
1.3 When you are using the Product, you undertakes to observe all applicable laws, rules and regulations. In all cases, you may only use the Product in conformity with its intended use. Under no circumstances may you:
share and/or publish a document in whatever form, in relation to the Product and which would be contrary to the duty of confidentiality, which would undermine the intellectual property rights, the right of protecting private life or inciting the commission of an illegal act.
hinder accessibility of the product or attempt to do so, for other users or the functioning of the Product’s network of partners.
use destructive devices, such a file where the data has been corrupted, any virus, worm, Trojan Horse, bomb, etc., in relation to the Product, or the servers of POLYGONE GAMES, and/or those of its service providers and partners;
create, provide or use other usage modes of the Product, for example, unauthorized use of the server by distributors;
transmit or communicate documents or content, which, according to POLYGONE GAMES, are considered or reputed to be offensive, and especially words, which are injurious, illegal, abusive, discriminatory, defamatory, derogatory, obscene, sexually explicit, or damaging from a racial, ethnic or other point of view;
abuse the Customer Services or send inaccurate reports to staff members of POLYGONE GAMES;
falsely claim to be a representative of POLYGONE GAMES or its partners and/or agents;
2. PROPERTY.
All titles, intellectual property rights and property rights concerning the Product (concepts, dialogs, graphics, music or sounds, all messages and information, fictional characters, names, themes, objects, countrysides, costumes, effects, dialogs, slogans, locations, characters, diagrams, illustrations, pictograms, choreography, photography, videos, audio-visual effects, videos, trailers, domain names and all other elements forming part of the Product, stand-alone or combined with others) and all copies which are made of them are the property of POLYGONE GAMES or its Licensors.
The Product is protected by the laws, treaty provisions on authorship rights and other laws in force at the national and international level. This product may contain elements under license. The licensors of POLYGONE GAMES can protect their rights in the event of a breach of this Contract. Any reproduction or representation of these elements under license in any fashion and for whatever reason is prohibited, except with the prior authorization of POLYGONE GAMES, licensors or representatives of POLYGONE GAMES. Apart from an express provision to the contrary in this EULA, all rights which are not granted to you in the context of this contract are expressly reserved to POLYGONE GAMES.
This License does not confer any rights or proprietorship concerning the Product. It must not be interpreted as a grant of rights relating to the Product.
3. ACCESS TO THE PRODUCT.
A single-use serial code is necessary to gain access to the online services and functionalities of this Product and to play. In application of local laws, AGE RESTRICTIONS MAY APPLY to access to the online services and functionalities.
To use the Product, your equipment must be compatible and you must have access to an electronic communication network. Connection charges are at your own exclusive cost. You are aware that the quality of the Product, delay in response or access to certain functionalities may depend on the capacity of your equipment, your compatible terminal and the electronic communication network. POLYGONE GAMES shall not be held responsible under any circumstances for any impairment of convenience to the user. You recognize that the Product may not be available on all devices or from all operators or network service providers.
POLYGONE GAMES may collect and store data about you in relation to the use you make of the product, your connection information and/or your compatible terminal. Certain data is recorded, analyzed and used to create statistics on the Product’s users. POLYGONE GAMES undertakes not to reveal your personal data to third parties, unless you have expressly authorized us to do so or under special circumstances. POLYGONE GAMES may find itself under an obligation to communicate or share your personal data as a legal obligation, or in order to protect its rights and those of other users and third parties. This especially involves exchanging information with other companies and organizations for the purposes of protecting against fraud and reducing credit risk.
4. ACCEPTANCE OF CONTROLS.
POLYGONE GAMES provides no guarantees and accepts no responsibility for those opinions, advice and/or recommendations displayed or that you send regarding the Product, including online “chats” about the Product or on social media. Such communications are the exclusive responsibility of the user in question.
5. ABSENCE OF ANY GUARANTEE, LIMITATION OF RESPONSIBILITY.
YOU EXPRESSLY RECOGNIZE THAT YOU ARE USING THE PRODUCT AT YOUR OWN RISK. Insofar as the law so permits, the product is supplied “as it stands” and according to availability.
POLYGONE GAMES, its Licensors, distribution partners and associated service providers provide no conditions nor warranties of any nature, whether express, tacit or legal, and rejects them all, as well as other terms, including those that concern: (1) its conformity, exactitude, relevance, comprehensiveness, reliability or harmlessness (2) its adequacy for a particular usage; (3) tacit guarantees of title and non-infringement; (4) its cash value; or (5) your satisfaction.
POLYGONE GAMES does not guarantee that the product shall be exempt from interruption or error, that faults be corrected or that the product be free of viruses or other harmful elements. You assume total responsibility for selecting the product in order to achieve those results you seek, as well as that of its installation, use and results which you obtain from it.
POLYGONE GAMES, its licensors, distribution partners and associated service providers, under the limits authorized by the law in force, shall not be held responsible for loss or damage sustained in relation to using the product or any associated third party service. Including, without limit: (1) all losses of any nature, resulting from tortious liability (including negligence and failure to comply with a legal obligation), a contract, false declarations (accidental or due to negligence) or even (2) direct damage; (3) accidental damage, (4) incidental damage, (5) consequential damage and (6) indirect damage.
Notwithstanding those limitations of responsibility mentioned above, your sole and exclusive remedy, in the event of disputes with POLYGONE GAMES or its licensors, distribution partners and associated service providers, consists of ceasing all use of the product and, if necessary, to request damages and interest for your losses. For any product bought with a view to use on a compatible terminal, which does not meet the applicable legal guarantees, the responsibility of POLYGONE GAMES is limited to reimbursement (directly or indirectly through its distribution partners or associated service providers) of the product’s purchase price. POLYGONE GAMES, its affiliated companies, licensors, distribution partners and associated service providers shall under no circumstances be held responsible for any damages greater than the price that you have paid to POLYGONE GAMES for the product over the course of twelve (12) months preceding the cause of your reason to act.
no term in this section 5 affects the responsibility of POLYGONE GAMES in the event of death or bodily injury resulting from the negligence of POLYGONE GAMES or in the case of fraud or false declaration, nor any other responsibility that could not be excluded or limited in terms of the law in force.
for the purposes of this section 5, the licensors of POLYGONE GAMES, its distribution partners and associated service providers benefit as third parties from the limitations of responsibility specified herein and can assert this EULA against you.
6. DAMAGES.
You assume total responsibility for damage caused to POLYGONE GAMES, its licensors, distribution partners and associated service providers and sub-contractors, other users of the product and any other natural person, from misconduct of your own relating to this EULA.
YOU UNDERTAKE BY THIS DOCUMENT TO GUARANTEE POLYGONE GAMES AND ITS AFFILIATED COMPANIES, THEIR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS, AS WELL AS THEIR SUB-CONTRACTORS AGAINST ALL PRESUMED REMEDIES, DEMANDS, DEBTS, LOSSES AND DAMAGES AND AGAINST ALL COSTS (LAWYERS’ FEES INCLUDED), DIRECTLY OR DIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR THEREBY RESULTING (a) IN FAILING TO OBSERVE ANY TERM IN THIS EULA OR (b) OF ANY USAGE, WHETHER MISUSE OR NOT, TO WHICH YOU HAVE SUBJECTED THE PRODUCT.
POLYGONE GAMES reserves the right to assume alone, at its own cost, the management of contesting any demand against which you have committed to guarantee POLYGONE GAMES. The terms of this Section 6 shall remain in force after the cancellation of this EULA.
7. CANCELLATION.
This EULA shall take effect upon the date that you buy the Product, on the date upon which you download it or the date upon which you start to use it, whichever is the earlier, and it shall remain in force until it has been cancelled in accordance with its terms. You and POLYGONE GAMES (or its licensors) may cancel this EULA at any time and for whatever reason. Cancellation of this EULA at the initiative of POLYGONE GAMES shall take effect (a) once you have been notified or (b) upon the date of the decision by POLYGONE GAMES to cease to offer the Product and/or to provide support for it. This EULA shall be cancelled automatically if you do not observe any one of its terms and conditions. Upon cancellation, for whatever reason, you must immediately uninstall the Product and destroy all copies of it, which are in your possession.
8. AMENDMENT OF THIS EULA OR THE PRODUCT.
POLYGONE GAMES reserves the right, at its own discretion, to revise, update, change, modify, add, complete or delete certain terms in this EULA for reasons of security, legality, best practice or regulations. You will not mandatorily receive any prior notice informing you of the taking effect of such amendments. You may check for the latest version of this EULA on www.polygone-games.com. You are required to consult the current EULA regularly in order to become aware of any modifications. If a future modification of this EULA seems unacceptable to you or causes you no longer to be in agreement or in compliance with this EULA, you may cancel this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. By continuing to use the Product after any revision to this EULA, you are accepting entirely and irrevocably all amendments made to the EULA.
POLYGONE GAMES may modify the Product for whatever reason or without any specific reason, at any time and at its own discretion, such as updates, maintenance operations and/or reboots intended to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that POLYGONE GAMES may cease to offer support for the Product, once an updated version becomes available. The distribution partners and associated service providers of POLYGONE GAMES are under no obligation to ensure the maintenance and Client Support for the Product. POLYGONE GAMES also reserves the right to amend the Rules of Conduct cited in Section 1, in order to impose limits on using the Product.
9. MISCELLANEOUS.
9.1 Product uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998, Epic Games, Inc. All rights reserved.
Disclaimers and Limitation of Liability : Product includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, [Licensor], Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Product, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Product, or will not revoke approval of this [Product] for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Licensor and Epic. Licensor, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Licensor’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Licensor, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. 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 Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.
9.2 The Product is subject to all those restrictions in force on exports. You must remain respectful of all laws, restrictions and regulations relating to exports and imports enacted by an agency or authority of the United States or any other country regarding the Product and the use that you make of it. The Product cannot be the object of any downloading, installation, exporting or re-exporting by or with the destination of any national or resident of a country, which the United States has voted to embargo, or intended for any person listed under Specially Designated Nationals at the US Department of the Treasury or the Table of Denial Orders of the US Department of Commerce. You declare and guarantee that you are not situated in one of these countries, that you are not under their control, that you are neither a national nor a resident of any of these countries and that you are not on any of these lists.
9.3 If a competent authority or court deems that a term of this EULA is invalid, illegal or unenforceable, that term or that part of the term in question, shall be considered, within the necessary limits, as deleted, and the validity and the enforceable nature of the other terms in this EULA shall not be affected. In the case where an invalid, non-enforceable or illegal term of this EULA shall become valid, enforceable and legal if a part of this term were deleted, it shall apply the minimal necessary amendment in order to make it valid, enforceable and legal, while still reflecting the initial intentions of POLYGONE GAMES.
9.4 The fact of POLYGONE GAMES (or its licensors) delaying in asserting or not asserting all its rights or any remedy foreseen in this EULA or by the law shall not represent any waiving of this right or remedy nor any other right or remedy, and shall not hinder nor restrict the exercise of such in the future. One instance of the exercising or the partial exercising of this right or remedy shall not hinder nor restrict the exercising of the right or remedy in question or any other right or remedy. The waiving of a right or remedy can only be considered as effective after becoming a signatory to a written declaration to that effect by POLYGONE GAMES or by the user.
9.5 This EULA is governed by French law, without application to its rules relating to the conflict of laws; and you expressly recognize the exclusive competence of French courts for any complaint or any dispute with POLYGONE GAMES, or in relation to any manner in this EULA or the use that you make of the Product, and you furthermore expressly accept and consent to the exercise of the territorial competence in French courts in relation to any dispute of this kind, including any complaint implicating POLYGONE GAMES and/or its subsidiaries, sub-contractors, distributors, vendors and suppliers of respective content.
For any questions about this EULA, you may contact POLYGONE GAMES at the following address: : contact@polygone-games.com
THIS EULA ONLY APPLIES INSOFAR AS ALLOWED BY THE LAW.