| Language: |
To play this game you must agree to the terms in the End User Licence Agreement. In addition, your interaction with the game may involve an exchange of information with us, particularly when you play online and will be subject to our Privacy Policy which we encourage you to read and can be found at: http://terms.codemasters.com/en#privacy
THE CODEMASTERS SOFTWARE COMPANY LIMITED END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE INSTALLING F1 2020 the (“Game”)
THE GAME (WHICH INCLUDES THE COMPUTER SOFTWARE PROGRAM, THE ASSOCIATED MEDIA (IF APPLICABLE), ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE GAME (AND SUBJECT TO ANY ADDITIONAL TERMS OF USE APPLICABLE TO SUCH ONLINE MODE AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED, A COMPANY REGISTERED IN ENGLAND AND WALES WITH COMPANY NO: 02044132 ("CODEMASTERS"). BY USING THE GAME, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE GAME. IF YOU HAVE PURCHASED A PACKAGED PRODUCT VERSION OF THE GAME YOU SHOULD RETURN THE GAME TO THE VENDOR FROM WHICH YOU OBTAINED THE GAME AND REQUEST A REFUND.
IF YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “ACCEPT” to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “DECLINE” and a licence will not be granted to you by Codemasters in respect of the Game and you will not be able to play the Game.
The Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
LIMITED USE LICENSE. Codemasters grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
IN GAME ITEMS AND VIRTUAL CURRENCY. You understand that while at times you may "earn" "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Game; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Instead, you may purchase a limited license to use the Virtual Items. The purchase and sale of the limited license referred to in this EULA is a completed transaction upon receipt of your direct payment or redemption of a promotional credit, and/or virtual currency. Any "virtual currency" balance shown does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items purchased may not operate in all modes of the Game. Virtual Currency purchased on one platform/system will not be redeemable or useable on a different platform/system unless otherwise specified.
Codemasters owns, has licensed, or otherwise has rights to use all of the content that appears in the Game. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation the Virtual Items appearing or originating in the Game, whether "earned" in the Game or "purchased" from Codemasters. Codemasters prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game (including any account set up by you in relation to the Game), unless otherwise expressly authorized by Codemasters in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of the Game and/or its supporting service, without Codemasters written permission. Subject to applicable law, any such transfer or attempted transfer is prohibited and void.
LICENCE RESTRICTIONS. YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
- Copy the Game except as permitted under this licence
- Without a separate, additional license from Codemasters, use the Game or permit the use of the Game, on more than one computer, game console, handheld device or PDA at the same time.
- Use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Codemasters
- Make copies of the Game or any part thereof, except that you may make one copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only.
- Sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game , in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre or any other commercial location in which multiple users may access the Game without the express prior written consent of Codemasters. If required Codemasters may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below. You may permanently transfer all of your rights and obligations under this Agreement to another person for non-commercial use by physically transferring the original Game (e.g. the CD-Rom,DVD or Blu-Ray you purchased if applicable) all original packaging and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control and that the recipient agrees to the terms of this Agreement.
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part.
- Remove, disable or circumvent any proprietary notices or labels contained on or within the Game.
- Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations.
- Create data or executable programs that mimic data or functionality in the Game.
- Furthermore you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
CODEMASTERS MAY REVOKE YOUR LICENSE TO ACCESS EGONET, RACENET, AND/OR THE GAME IF YOU VIOLATE OR ASSIST OTHERS IN VIOLATING, THE LICENSE LIMITATIONS SET FORTH BELOW. YOU AGREE TO ONLY USE EGONET, RACENET AND/OR THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
- Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods.
- Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the software of RaceNet, EGONet, and/or the Game in a manner not expressly authorised by Codemasters.
- Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Codemasters, that can be used in connection with RaceNet, EGONet, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay.
COMMUNICATION SERVICES AND USER GENERATED CONTENT
Codemasters may provide chat or other communication features as part of the support services for the Game. You agree that YOU WILL NOT:
• Post any information/content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information/content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Codemasters employees, including Codemasters customer service representatives.
• Make available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
• Transmit unauthorized communications, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
• Solicit or attempt to solicit personal information from other users of the Game.
• Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game.
If Codemasters asks for users to set up an account or log-in for the Game or any support features of the Game the above restrictions shall also apply to any user name or account information.
If the Game allows for the sharing of any user generated content relating to the Game (“UGC”) the above restrictions shall also apply to such UGC.
You are entirely responsible for all UGC you post or otherwise transmit via the Game. Codemasters assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Game for inappropriate or illegal content or conduct unless required by applicable law.
If We choose at any time, in our sole discretion (or required by applicable law), to monitor the Game or any associated communication services, we have the right, in our sole discretion, to edit, refuse to post, or remove any UGC or post and we may monitor and/or record your interaction with the Game or communications (including without limitation chat text and voice communications) when you are using the Game. By entering into this EULA, you hereby provide your irrevocable consent to such
If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any and/or all the UGC, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Codemasters and/or its licensors all of your right, title and interest in and to the UGC, without reservation and without additional consideration, under applicable patent, copyright, trade secret/confidentiality, trademark and other intellectual property rights and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Codemasters and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up licence to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the UGC all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret/confidentiality, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the UGC.
GAME UPDATES AND PATCHES. From time to time Codemasters may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Codemasters may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Codemasters the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
ANALYTICS. We want to offer you the best gameplay experience as possible and we are constantly striving to improve our products. To help us achieve this we sometimes collect data relating to how you play the game, including what actions you take or selections you make, how long you play for and the performance of our online systems when you connect. This data is handled in compliance with applicable data protection laws and regulations and is only kept for a reasonable period for analysis. For more information about our approach to data privacy please see: http://terms.codemasters.com/en#privacy
You understand that the Game may feature advertisements from Codemasters or third parties. Codemasters disclosure of information for third party advertising is addressed in Codemasters Privacy Policy. Aggregate information about how users play the Game may be provided to third party advertisers: this will not identify users individually to those third parties.
LIMITED WARRANTY. Use of the Game and the media on which it is recorded is at your sole risk. Codemasters warrants to the original consumer purchaser of the Game that where the Game is purchased as a packaged product rather than via digital download the recording medium on which the Game is recorded will be free from defects in material and workmanship for 90 days from the date of purchase (the ‘Limited Warranty’). If a defect covered by the Limited Warranty occurs within 90 days of original purchase, Codemasters agrees to replace, free of charge, such packaged product within such period upon its receipt of the packaged product, postage paid, with proof of the date of purchase, as long as the Game is still being manufactured by Codemasters. In the event that the Game is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THE GAME IS PROVIDED ‘AS IS’ AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the packaged product version of the Game for warranty replacement please send the original manual and any other accompanying documentation only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Game.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Codemasters, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘License Restrictions’, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous shall survive any termination of this Agreement.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold harmless Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, Codemasters Campus,
Stoneythorpe, Warwickshire, CV47 2DL, United Kingdom.
Tel: +44 1926 816000 Fax: +44 1926 817595
THE CODEMASTERS SOFTWARE COMPANY LIMITED END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE INSTALLING F1 2020 the (“Game”)
THE GAME (WHICH INCLUDES THE COMPUTER SOFTWARE PROGRAM, THE ASSOCIATED MEDIA (IF APPLICABLE), ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE GAME (AND SUBJECT TO ANY ADDITIONAL TERMS OF USE APPLICABLE TO SUCH ONLINE MODE AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED, A COMPANY REGISTERED IN ENGLAND AND WALES WITH COMPANY NO: 02044132 ("CODEMASTERS"). BY USING THE GAME, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE GAME. IF YOU HAVE PURCHASED A PACKAGED PRODUCT VERSION OF THE GAME YOU SHOULD RETURN THE GAME TO THE VENDOR FROM WHICH YOU OBTAINED THE GAME AND REQUEST A REFUND.
IF YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “ACCEPT” to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “DECLINE” and a licence will not be granted to you by Codemasters in respect of the Game and you will not be able to play the Game.
The Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
LIMITED USE LICENSE. Codemasters grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
IN GAME ITEMS AND VIRTUAL CURRENCY. You understand that while at times you may "earn" "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Game; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Instead, you may purchase a limited license to use the Virtual Items. The purchase and sale of the limited license referred to in this EULA is a completed transaction upon receipt of your direct payment or redemption of a promotional credit, and/or virtual currency. Any "virtual currency" balance shown does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items purchased may not operate in all modes of the Game. Virtual Currency purchased on one platform/system will not be redeemable or useable on a different platform/system unless otherwise specified.
Codemasters owns, has licensed, or otherwise has rights to use all of the content that appears in the Game. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation the Virtual Items appearing or originating in the Game, whether "earned" in the Game or "purchased" from Codemasters. Codemasters prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game (including any account set up by you in relation to the Game), unless otherwise expressly authorized by Codemasters in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of the Game and/or its supporting service, without Codemasters written permission. Subject to applicable law, any such transfer or attempted transfer is prohibited and void.
LICENCE RESTRICTIONS. YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
- Copy the Game except as permitted under this licence
- Without a separate, additional license from Codemasters, use the Game or permit the use of the Game, on more than one computer, game console, handheld device or PDA at the same time.
- Use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Codemasters
- Make copies of the Game or any part thereof, except that you may make one copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only.
- Sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game , in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre or any other commercial location in which multiple users may access the Game without the express prior written consent of Codemasters. If required Codemasters may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below. You may permanently transfer all of your rights and obligations under this Agreement to another person for non-commercial use by physically transferring the original Game (e.g. the CD-Rom,DVD or Blu-Ray you purchased if applicable) all original packaging and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control and that the recipient agrees to the terms of this Agreement.
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part.
- Remove, disable or circumvent any proprietary notices or labels contained on or within the Game.
- Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations.
- Create data or executable programs that mimic data or functionality in the Game.
- Furthermore you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
CODEMASTERS MAY REVOKE YOUR LICENSE TO ACCESS EGONET, RACENET, AND/OR THE GAME IF YOU VIOLATE OR ASSIST OTHERS IN VIOLATING, THE LICENSE LIMITATIONS SET FORTH BELOW. YOU AGREE TO ONLY USE EGONET, RACENET AND/OR THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
- Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods.
- Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the software of RaceNet, EGONet, and/or the Game in a manner not expressly authorised by Codemasters.
- Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Codemasters, that can be used in connection with RaceNet, EGONet, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay.
COMMUNICATION SERVICES AND USER GENERATED CONTENT
Codemasters may provide chat or other communication features as part of the support services for the Game. You agree that YOU WILL NOT:
• Post any information/content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information/content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Codemasters employees, including Codemasters customer service representatives.
• Make available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
• Transmit unauthorized communications, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
• Solicit or attempt to solicit personal information from other users of the Game.
• Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game.
If Codemasters asks for users to set up an account or log-in for the Game or any support features of the Game the above restrictions shall also apply to any user name or account information.
If the Game allows for the sharing of any user generated content relating to the Game (“UGC”) the above restrictions shall also apply to such UGC.
You are entirely responsible for all UGC you post or otherwise transmit via the Game. Codemasters assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Game for inappropriate or illegal content or conduct unless required by applicable law.
If We choose at any time, in our sole discretion (or required by applicable law), to monitor the Game or any associated communication services, we have the right, in our sole discretion, to edit, refuse to post, or remove any UGC or post and we may monitor and/or record your interaction with the Game or communications (including without limitation chat text and voice communications) when you are using the Game. By entering into this EULA, you hereby provide your irrevocable consent to such
If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any and/or all the UGC, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Codemasters and/or its licensors all of your right, title and interest in and to the UGC, without reservation and without additional consideration, under applicable patent, copyright, trade secret/confidentiality, trademark and other intellectual property rights and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Codemasters and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up licence to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the UGC all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret/confidentiality, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the UGC.
GAME UPDATES AND PATCHES. From time to time Codemasters may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Codemasters may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Codemasters the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
ANALYTICS. We want to offer you the best gameplay experience as possible and we are constantly striving to improve our products. To help us achieve this we sometimes collect data relating to how you play the game, including what actions you take or selections you make, how long you play for and the performance of our online systems when you connect. This data is handled in compliance with applicable data protection laws and regulations and is only kept for a reasonable period for analysis. For more information about our approach to data privacy please see: http://terms.codemasters.com/en#privacy
You understand that the Game may feature advertisements from Codemasters or third parties. Codemasters disclosure of information for third party advertising is addressed in Codemasters Privacy Policy. Aggregate information about how users play the Game may be provided to third party advertisers: this will not identify users individually to those third parties.
LIMITED WARRANTY. Use of the Game and the media on which it is recorded is at your sole risk. Codemasters warrants to the original consumer purchaser of the Game that where the Game is purchased as a packaged product rather than via digital download the recording medium on which the Game is recorded will be free from defects in material and workmanship for 90 days from the date of purchase (the ‘Limited Warranty’). If a defect covered by the Limited Warranty occurs within 90 days of original purchase, Codemasters agrees to replace, free of charge, such packaged product within such period upon its receipt of the packaged product, postage paid, with proof of the date of purchase, as long as the Game is still being manufactured by Codemasters. In the event that the Game is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THE GAME IS PROVIDED ‘AS IS’ AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the packaged product version of the Game for warranty replacement please send the original manual and any other accompanying documentation only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Game.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Codemasters, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘License Restrictions’, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous shall survive any termination of this Agreement.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold harmless Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, Codemasters Campus,
Stoneythorpe, Warwickshire, CV47 2DL, United Kingdom.
Tel: +44 1926 816000 Fax: +44 1926 817595