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Saint Paul alpha is a free-to-play, session-based, multiplayer online game developed by Cleyton Jonnas da Silva,. In this License Agreement (as defined below), “Saint Paul Studios” means the developer Cleyton Jonnas da Silva and its licensees, as applicable; “you” and “your” mean the user of the computer on which the Game will be or has been installed and who therefore agrees to this License Agreement.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT" BUTTON BELOW OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE “SOFTWARE”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
I. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, Saint Paul Studios hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, for such time until either you or Saint Paul Studios terminates this License Agreement, to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials (“Documentation”); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by Saint Paul Studios. The Software and the Game are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by Saint Paul Studios, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game. The license granted to you herein shall be royalty-free.
II. REQUIREMENTS
In installing and using the Software and playing the Game, you acknowledge that you have read, understand and agree with the terms of this License Agreement. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the license terms and copyrights Saint Paul Studios or its licensors holds in and to the Software and the Game. You agree that you will not, under any circumstances:
A. Sell, lease, rent, loan, sublicense or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;
B. Copy, photocopy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except that you are authorized to (i) make one (1) copy of the Software and the Documentation for personal archival purposes only; and (ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to the Terms of Use and any applicable Saint Paul Studios policies pertaining to audio or video creation;
C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorized by Saint Paul Studios;
D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to (i) participating in the Game in exchange for payment (e.g. “leveling” services); or (ii) selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorized by Saint Paul Studios and conducted via services provided by Saint Paul Studios; or
E. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and Saint Paul Studios, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
IV. OWNERSHIP
All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Saint Paul Studios or its licensors. The Software and the Game and all content therein are protected by Brazilian and other international intellectual property laws. Saint Paul Studios and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Saint Paul Studios. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Saint Paul Studios.
V. CODE OF CONDUCT
While using the Software and playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and Saint Paul Studios reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of Saint Paul Studios, or communicating in any way that makes it appear that the communication originates from Saint Paul Studios;
B. Posting identifying information about yourself, or any other user, in the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Saint Paul Studios contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of Saint Paul Studios, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of Saint Paul Studios, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Saint Paul Studios, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
K. Logging out, disconnecting or exiting the Game during live game-play; or
L. Selecting a Summoner name that is falsely indicative of an association with Saint Paul Studios, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Summoner name choices. Saint Paul Studios may modify any name which, in the sole and exclusive judgment of Saint Paul Studios, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.
VI. CONSENT TO MONITORING
When you are using the Software, the Software may monitor your computer's random access memory (RAM) for unauthorized third party programs prohibited by Section III.E that interact with the Software and/or the Game. In the event that the Software detects such an unauthorized third party program, information may be communicated back to Saint Paul Studios, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to Saint Paul Studios with the Software. If the Software detects the use of an unauthorized third party program, your access to the Game may be terminated by notice to you.
VII. UPDATES AND MODIFICATIONS
A. The Software and the Game. Saint Paul Studios may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you hereby give your consent to Saint Paul Studios to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
B. License Agreement. Saint Paul Studios reserves the right, in its sole and absolute discretion by notice to you to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve (“Changes”); provided, however, that material changes to this License Agreement will not be applied retroactively. Such Changes will be effective upon your acceptance. You are deemed to have accepted the changes if you continue to use your Account, the Site or the Game after the Changes are made. If any Changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, or if at any time you no longer agree with any portion of the then-current version of this License Agreement, we reserve the right to terminate this License Agreement pursuant to our right of termination under clause VIII and you have the right to terminate this Agreement under clause VIII. If the Software requires an Update at the time you launch the Software to access the Game, you will have the opportunity to review and to accept or reject the current version of this License Agreement.
VIII. TERMINATION OF LICENSE AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time and for any reason by notifying Saint Paul Studios of your intention to terminate. Saint Paul Studios may terminate this License Agreement at any time, for any reason or no reason. Termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game. Upon termination, whether by you or Saint Paul Studios, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
IX. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of Saint Paul Studios. You acknowledge and agree that Saint Paul Studios, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Saint Paul Studios may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
X. EXPORT CONTROLS
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Brazilian or foreign agency or authority relating to the Software and its use.
XI. WARRANTY DISCLAIMER
SUBJECT TO ANY RIGHTS WHICH YOU MAY HAVE UNDER THE CONSUMER GUARANTEES AS CONTAINED IN THE BRAZILIAN, THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. SAINT PAUL STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE. SAINT PAUL STUDIOS DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE.
FOR THE AVOIDANCE OF DOUBT, SAINT PAUL STUDIOS DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SAINT PAUL STUDIOS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Saint Paul Studios reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Saint Paul Studios in asserting any available defenses.
XIII. LIMITATION OF LIABILITY
UNLESS OTHERWISE REQUIRED BY LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL SAINT PAUL STUDIOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE GAME, EVEN IF SAINT PAUL STUDIOS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SAINT PAUL STUDIOS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SPELLS, ARMOR, SKINS, ETC.) OR VIRTUAL CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. SAINT PAUL STUDIOS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL SAINT PAUL STUDIOS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SAINT PAUL STUDIOS FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Notwithstanding the aforementioned limitations of liability nothing in this agreement shall limit Saint Paul Studios' liability (i) for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Saint Paul Studios or (ii) for other damage arising from a grossly negligent breach of duty by Saint Paul Studios or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Saint Paul Studios; (iii) for intentional misconduct; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Saint Paul Studios (“Cardinal Duties”) to the extent that is typical and foreseeable; (v) for any guarantee given by Saint Paul Studios to you; and (vi) for any liability under a jurisdiction’s applicable product liability legislation, including, but not limited to, the ACL for residents of Australia.
Because certain states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, the liability of Saint Paul Studios shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that Saint Paul Studios would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Saint Paul Studios shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages (unless otherwise required in your jurisdiction), as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled (subject to any court order) to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XVII. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Saint Paul Studios with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Saint Paul Studios. The Game is operated by Saint Paul Studios in Brazil. Those who choose to access the Game from locations outside Brazil do so on their own initiative and are responsible for compliance with applicable local laws. Saint Paul Studios’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Saint Paul Studios of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections IV, and X through XVI shall survive any termination of this License Agreement. If you have any questions concerning these terms and conditions, or if you would like to contact Saint Paul Studios for any other reason, please contact Saint Paul Studios support at cleyton@saintpaulstudios.com.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT" BUTTON BELOW OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE “SOFTWARE”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
I. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, Saint Paul Studios hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, for such time until either you or Saint Paul Studios terminates this License Agreement, to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials (“Documentation”); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by Saint Paul Studios. The Software and the Game are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by Saint Paul Studios, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game. The license granted to you herein shall be royalty-free.
II. REQUIREMENTS
In installing and using the Software and playing the Game, you acknowledge that you have read, understand and agree with the terms of this License Agreement. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the license terms and copyrights Saint Paul Studios or its licensors holds in and to the Software and the Game. You agree that you will not, under any circumstances:
A. Sell, lease, rent, loan, sublicense or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;
B. Copy, photocopy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except that you are authorized to (i) make one (1) copy of the Software and the Documentation for personal archival purposes only; and (ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to the Terms of Use and any applicable Saint Paul Studios policies pertaining to audio or video creation;
C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorized by Saint Paul Studios;
D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to (i) participating in the Game in exchange for payment (e.g. “leveling” services); or (ii) selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorized by Saint Paul Studios and conducted via services provided by Saint Paul Studios; or
E. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and Saint Paul Studios, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
IV. OWNERSHIP
All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Saint Paul Studios or its licensors. The Software and the Game and all content therein are protected by Brazilian and other international intellectual property laws. Saint Paul Studios and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Saint Paul Studios. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Saint Paul Studios.
V. CODE OF CONDUCT
While using the Software and playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and Saint Paul Studios reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of Saint Paul Studios, or communicating in any way that makes it appear that the communication originates from Saint Paul Studios;
B. Posting identifying information about yourself, or any other user, in the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Saint Paul Studios contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of Saint Paul Studios, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of Saint Paul Studios, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Saint Paul Studios, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
K. Logging out, disconnecting or exiting the Game during live game-play; or
L. Selecting a Summoner name that is falsely indicative of an association with Saint Paul Studios, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Summoner name choices. Saint Paul Studios may modify any name which, in the sole and exclusive judgment of Saint Paul Studios, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.
VI. CONSENT TO MONITORING
When you are using the Software, the Software may monitor your computer's random access memory (RAM) for unauthorized third party programs prohibited by Section III.E that interact with the Software and/or the Game. In the event that the Software detects such an unauthorized third party program, information may be communicated back to Saint Paul Studios, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to Saint Paul Studios with the Software. If the Software detects the use of an unauthorized third party program, your access to the Game may be terminated by notice to you.
VII. UPDATES AND MODIFICATIONS
A. The Software and the Game. Saint Paul Studios may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you hereby give your consent to Saint Paul Studios to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
B. License Agreement. Saint Paul Studios reserves the right, in its sole and absolute discretion by notice to you to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve (“Changes”); provided, however, that material changes to this License Agreement will not be applied retroactively. Such Changes will be effective upon your acceptance. You are deemed to have accepted the changes if you continue to use your Account, the Site or the Game after the Changes are made. If any Changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, or if at any time you no longer agree with any portion of the then-current version of this License Agreement, we reserve the right to terminate this License Agreement pursuant to our right of termination under clause VIII and you have the right to terminate this Agreement under clause VIII. If the Software requires an Update at the time you launch the Software to access the Game, you will have the opportunity to review and to accept or reject the current version of this License Agreement.
VIII. TERMINATION OF LICENSE AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time and for any reason by notifying Saint Paul Studios of your intention to terminate. Saint Paul Studios may terminate this License Agreement at any time, for any reason or no reason. Termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game. Upon termination, whether by you or Saint Paul Studios, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
IX. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of Saint Paul Studios. You acknowledge and agree that Saint Paul Studios, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Saint Paul Studios may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
X. EXPORT CONTROLS
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Brazilian or foreign agency or authority relating to the Software and its use.
XI. WARRANTY DISCLAIMER
SUBJECT TO ANY RIGHTS WHICH YOU MAY HAVE UNDER THE CONSUMER GUARANTEES AS CONTAINED IN THE BRAZILIAN, THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. SAINT PAUL STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE. SAINT PAUL STUDIOS DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE.
FOR THE AVOIDANCE OF DOUBT, SAINT PAUL STUDIOS DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SAINT PAUL STUDIOS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Saint Paul Studios reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Saint Paul Studios in asserting any available defenses.
XIII. LIMITATION OF LIABILITY
UNLESS OTHERWISE REQUIRED BY LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL SAINT PAUL STUDIOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE GAME, EVEN IF SAINT PAUL STUDIOS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SAINT PAUL STUDIOS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SPELLS, ARMOR, SKINS, ETC.) OR VIRTUAL CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. SAINT PAUL STUDIOS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL SAINT PAUL STUDIOS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SAINT PAUL STUDIOS FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Notwithstanding the aforementioned limitations of liability nothing in this agreement shall limit Saint Paul Studios' liability (i) for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Saint Paul Studios or (ii) for other damage arising from a grossly negligent breach of duty by Saint Paul Studios or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Saint Paul Studios; (iii) for intentional misconduct; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Saint Paul Studios (“Cardinal Duties”) to the extent that is typical and foreseeable; (v) for any guarantee given by Saint Paul Studios to you; and (vi) for any liability under a jurisdiction’s applicable product liability legislation, including, but not limited to, the ACL for residents of Australia.
Because certain states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, the liability of Saint Paul Studios shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that Saint Paul Studios would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Saint Paul Studios shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages (unless otherwise required in your jurisdiction), as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled (subject to any court order) to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XVII. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Saint Paul Studios with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Saint Paul Studios. The Game is operated by Saint Paul Studios in Brazil. Those who choose to access the Game from locations outside Brazil do so on their own initiative and are responsible for compliance with applicable local laws. Saint Paul Studios’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Saint Paul Studios of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections IV, and X through XVI shall survive any termination of this License Agreement. If you have any questions concerning these terms and conditions, or if you would like to contact Saint Paul Studios for any other reason, please contact Saint Paul Studios support at cleyton@saintpaulstudios.com.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.