| Language: |
END USER LICENSE AGREEMENT
READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement ("EULA") governs your use of the video game, the application, the software and any upgrades, patches, updates and related services (the "Product") that are currently or will in the future be provided by LEROUGE LUDOVIC.
This EULA sets forth the terms and conditions under which LEROUGE LUDOVIC makes the Product available to you (the "User" or "you") and under which you may use it. LEROUGE LUDOVIC's Privacy Policy ("Privacy Policy"), which can be viewed at http://theredgames.e-monsite.com/pages/charte/a-propos.html, is an integral part of this EULA. By installing or using the Product, you agree to accept and be bound at all times by (1) this EULA and (2) the Privacy Policy. If you do not agree to them, please do not install or use the Product.
LEROUGE LUDOVIC reserves the right to change, modify, add or remove portions of this EULA at any time in accordance with the procedures described below in Section 9.
Undefined terms that are capitalized in this EULA have the meanings given to them in the Terms of Use.
1. 1. GRANTING OF THE LICENCE.
1.1 LEROUGE LUDOVIC (or its licensors) grants you a personal, non-commercial, non-transferable, non-exclusive and non-sublicensable license to install and/or use the Product (in whole or in part) and any Product (the "License") until you or LEROUGE LUDOVIC terminate this EULA. You may not use or authorize any third party to use the Product or this License for any commercial purpose without LEROUGE LUDOVIC's prior written permission. Updates, upgrades, patches and modifications may be required in order for you to continue to use the Product on certain hardware. THIS PRODUCT IS MADE AVAILABLE TO YOU UNDER A LICENSE, IT IS NOT SOLD TO YOU.
Where applicable, portions of the Product may use third party features, some of which are maintained by third party vendors for which other terms and/or prices may apply. You must comply with these other terms and conditions: for example, if the Product offers a VoIP application, you must comply with the associated data service agreement when using the Product. Please review these terms and conditions and prices.
1.2 You will not, directly or indirectly (i) sell, lease, rent, license, distribute, market, exploit the Product or any part thereof commercially, (ii) reverse engineer, decompile, disassemble, or otherwise reverse compile the Product or any part thereof, adapt it, reproduce it in whole or in part or create derivative works from it (unless the Product allows you, through a specific feature, to create, generate or submit User-Generated Content for which you must create an Account and comply with the Terms of Use); (iii) create, use and/or distribute "auto", "trainer", "script" or "macro" computer programs or other "cheating" or "hacking" software programs or applications for this Product (whether as part of an online multiplayer game or a single-player game over the Internet or local network); (iv) remove, alter, disable or circumvent any copyright, trademark or other proprietary information, notices or labels of authorship and origin that may be contained in or on such Product; and (v) export or re-export such Product or an adaptation copy in violation of applicable laws or regulations.
1.3 When using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to abide by certain rules of conduct that govern your use of the Product ("Rules of Conduct"), which are not intended to be exhaustive and may be modified at any time by LEROUGE LUDOVIC. In all cases, you may only use the Product in accordance with its intended use.
For example, and without limiting LEROUGE LUDOVIC's right to take legal action against you, you may not :
a. create, use, share and/or publish by any means whatsoever in connection with the Product a document (text, words, images, sounds, videos, etc.) that would be contrary to a duty of confidentiality, that would infringe an intellectual property right or an individual's right to privacy, or that would incite to commit an illegal act (piracy, cracking or distribution of counterfeit software in particular) ;
b. modify, distort or block the Product, impose an abnormal load on it, interrupt, slow down and/or hinder the normal functioning of all or part of the Product, its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
c. transmit or propagate a virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in connection with the Product, and/or organize, participate in or be involved in an attack on the servers of LEROUGE LUDOVIC, the Product and/or those of its service providers and partners;
d. create, provide or use other ways of using the Product, such as server emulators;
e. spamming the chat, whether for commercial or personal purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
f. transmit or communicate any material or content that LEROUGE LUDOVIC considers or deems offensive, including words that are harmful, unlawful, abusive, discriminatory, defamatory, libelous, obscene, sexually explicit, or racially, ethnically or otherwise objectionable;
g. harass or threaten other users of the Product;
h. misuse the Help Desk or complaint buttons or send inaccurate reports to LEROUGE LUDOVIC staff members;
i. falsely claim to be an employee or representative of LEROUGE LUDOVIC or its partners and/or agents;
j. falsely claim to be a guarantor in connection with the Product or LEROUGE LUDOVIC.
2. PROPERTY.
All title, ownership rights and intellectual property rights relating to the Product (including all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, landscapes, costumes, effects, dialogues, slogans, LEROUGE LUDOVIC or its licensors shall be entitled to use the Product (e.g., locations, characters, drawings, concepts, choreography, videos, audio-visual effects, domain names and any other elements that form part of the Product, alone or in combination with each other) and all copies thereof. The Product is protected by national and international laws, copyright treaties, conventions and other laws in force. This Product may contain licensed material and, if so, LEROUGE LUDOVIC's licensors may protect their rights in the event of a breach of this Agreement. Any reproduction or representation of these licensed elements in any way and for any reason whatsoever is prohibited without the prior authorization of LEROUGE LUDOVIC and, where applicable, LEROUGE LUDOVIC's licensors and representatives. Except as expressly provided in this EULA, all rights not granted to you under this Agreement are expressly reserved by LEROUGE LUDOVIC.
This License does not confer any rights or title in or to the Product and shall not be construed as an assignment of rights in or to the Product.
3. ACCESS TO THE PRODUCT.
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE ("GDN SOFTWARE"). IN SUCH CASE, YOU HEREBY AGREE AND ACKNOWLEDGE THE FOLLOWING WITH RESPECT TO THE GDN SOFTWARE: (I) BY INSTALLING THE PRODUCT, YOU ARE INSTALLING THE GDN SOFTWARE ON YOUR COMPUTER; (II) THE GDN SOFTWARE MAY LIMIT THE NUMBER OF TIMES THE PRODUCT IS INSTALLED; (III) THE GDN SOFTWARE MAY INSTALL OTHER COMPONENTS ON YOUR COMPUTER THAT ARE REQUIRED TO PROTECT IT FROM COPYING; AND (IV) DURING INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED FOR UNLOCKING THE PRODUCT BY THE GDN SOFTWARE. LEROUGE LUDOVIC WILL NOT BE RESPONSIBLE FOR ANY COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY GDN SOFTWARE. FOR MORE INFORMATION, VISIT THE GDN SOFTWARE WEBSITE AT THE ADDRESS PROVIDED DURING PRODUCT INSTALLATION. AN INTERNET CONNECTION AND REGISTRATION WITH THE ATTACHED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS THE ONLINE SERVICES AND FEATURES OF THIS PRODUCT. UNDER LOCAL LAWS, AGE RESTRICTIONS MAY APPLY TO ACCESS TO ONLINE SERVICES AND FEATURES.
3.2 If you use the Product on a compatible Mobile Device, this Section 3.2 applies to you and your use of the Product:
For the purposes of this EULA, "Compatible Mobile Device" means any portable device capable of connecting to the Internet to access the Product. In particular, "Compatible Mobile Device" means feature phones, smartphones, tablets and personal digital assistants (PDAs).
a. Access to the Product. To use the Product on a Compatible Mobile Device, you must have access to an electronic communication network. The connection costs (and in particular the costs invoiced by mobile telephone providers and/or operators) are at your sole expense. You acknowledge that the quality of the Product, the response time or access to certain functionalities may depend on the capacities of your compatible Mobile Device and the electronic communication network. LEROUGE LUDOVIC shall in no event be held liable for any loss of user comfort. You acknowledge that the Product may not be available on all Mobile Devices or from all operators or network service providers.
b. Collection of Personal Data: In order to provide you with a better gaming experience, tailored services and Product support, LEROUGE LUDOVIC may collect and store data about you in connection with your use of the Product, your login information and/or your compatible Mobile Device. Certain data is recorded, archived, analysed and used to create user statistics. Your right to privacy is very important to LEROUGE LUDOVIC and LEROUGE LUDOVIC will not disclose your personal data to third parties unless you have expressly authorised us to do so or unless there are special circumstances. LEROUGE LUDOVIC may be required to disclose or share your personal data in order to comply with a legal obligation, or to protect its rights and those of other users and third parties. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes. In addition, LEROUGE LUDOVIC reserves the right to collect, store and use anonymous data about you. To learn more about LEROUGE LUDOVIC's use of your personal data, please see our Privacy Policy.
c. Analytical Tools and Ad-Broadcasting Technology. LEROUGE LUDOVIC uses third-party analysis tools to collect information about your use of the Product and your gaming habits as well as those of other users. The information collected may include, but is not limited to: unique mobile device identifier or other device identifiers and settings, operator, operating system, location information, date and time spent on the Product, game scores, gaming metrics and statistics, feature usage, ad conversion rate, monetization rate, purchase history and other similar information. LEROUGE LUDOVIC uses third party ad serving technologies that may collect information by serving ads on the Product and may temporarily display ads in the Product. The information collected and used for targeted advertising may include, but is not limited to : age and gender, the number of views of an advertisement, unique mobile device ID or other device identifiers and settings, information about your use of the Product, the compatible Mobile Device, and other websites (including third party web pages and mobile websites) you have visited (and the times and duration of those visits), the advertisement(s) served, the in-game location and duration of the advertisement(s), and your response to the advertisement(s) (if any). Analytical tools and ad serving technologies may use server log files, web beacons, cookies, web beacons and other technologies to collect such information and may combine information collected on other LEROUGE LUDOVIC Products and Services with information collected on other websites and third party mobile products and services, as well as with demographic research, ad surveys, market research and other analytical surveys. This information alone does not constitute personal data. However, if LEROUGE LUDOVIC mixes it with personal data, LEROUGE LUDOVIC will treat it as personal data under the terms of its Privacy Policy. LEROUGE LUDOVIC makes every effort to provide you with links to the respective privacy policies of our partners that govern how their tools and technologies are used and, where applicable, the link that allows you to decline their services.
4. ACCEPTANCE OF CONTROLS.
When you use the Product, the Product may monitor the random access memory (RAM) of your hardware to detect unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects an unauthorized Third Party Program, LEROUGE LUDOVIC will be notified, along with your Account name, IP address, details of the unauthorized Third Party Program detected, the time and date the unauthorized Third Party Program was detected, and the specifications and performance of your hardware, with or without further notice. If the Product detects the use of an unauthorized third-party program, this License and your access to the Product may be terminated, with or without notice to you.
However, please note that LEROUGE LUDOVIC does not endorse and assumes no responsibility or liability for any opinions, advice and/or recommendations posted or sent by you in the Product, including in game chat. Such communications are the sole responsibility of the user in question.
5. LIMITED WARRANTY OF THE PRODUCT PURCHASED ON A PHYSICAL MEDIUM.
If you purchased the Product on physical media (CD, cartridge or DVD-ROM), this Section 5 applies to you:
LEROUGE LUDOVIC warrants that the physical media containing the Product will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase. In the event that the media containing the Product proves to be defective during this period, LEROUGE LUDOVIC will, at its option and free of charge, (a) correct any defect, (b) replace the Product, (c) replace the Product with a similar product of equal or greater value (if the Product is no longer manufactured by LEROUGE LUDOVIC or if LEROUGE LUDOVIC no longer has it in stock), or (d) refund you upon presentation of written proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When you return the Product for warranty replacement, please send us the original disc or, as the case may be, cartridge or DVD only in its protective packaging and include: (1) a photocopy of your dated purchase invoice; (2) your name and return address typed or clearly printed; (3) a short note describing the defect, the problem(s) you are experiencing and the hardware and system on which you are running the program.
6. NO WARRANTY, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE". LEROUGE LUDOVIC, ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL SUCH CONDITIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY; (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) THE IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT; (D) ITS MERCHANTABILITY; OR (E) YOUR SATISFACTION. LEROUGE LUDOVIC DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT, AND FOR ITS INSTALLATION, USE, AND RESULTS OBTAINED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEROUGE LUDOVIC, ITS LICENSORS, DISTRIBUTION PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY ASSOCIATED THIRD PARTY SERVICE. SHALL INCLUDE, WITHOUT LIMITATION, (A) ALL DAMAGES OF ANY KIND, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER ACCIDENTAL OR NEGLIGENT), OR (B) DIRECT DAMAGES; (C) INCIDENTAL DAMAGES, (D) CONSEQUENTIAL DAMAGES, (E) INCIDENTAL DAMAGES, AND (F) INDIRECT DAMAGES.
NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH LEROUGE LUDOVIC OR ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO DISCONTINUE USING THE PRODUCT AND, IF APPLICABLE, TO SEEK DAMAGES FOR YOUR INJURIES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE DEVICE THAT DOES NOT MEET THE APPLICABLE LEGAL WARRANTIES, LEROUGE LUDOVIC'S LIABILITY IS LIMITED TO REIMBURSEMENT (DIRECTLY OR INDIRECTLY THROUGH ITS DISTRIBUTION PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL LEROUGE LUDOVIC, ITS AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE YOU PAID TO LEROUGE LUDOVIC FOR THE PRODUCT DURING THE TWELVE (12) MONTHS PRIOR TO YOUR CAUSE OF ACTION.
NOTHING IN THIS SECTION 6 AFFECTS LEROUGE LUDOVIC'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LEROUGE LUDOVIC'S NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 6, LEROUGE LUDOVIC'S LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND MAY ASSERT THIS EULA AGAINST YOU.
7. COMPENSATION.
You assume full responsibility for damages caused to LEROUGE LUDOVIC, its licensors, distribution partners, associated service providers and subcontractors, other users of the Product and any other person or entity, by your breach of this EULA.
YOU HEREBY AGREE TO INDEMNIFY LEROUGE LUDOVIC AND ITS AFFILIATES, THEIR LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS' FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) YOUR BREACH OF ANY TERM OF THIS EULA OR (B) YOUR MISUSE OR ABUSE OF THE PRODUCT. LEROUGE LUDOVIC reserves the right to take sole responsibility, at its own expense, for the conduct of any claim against which you have agreed to indemnify LEROUGE LUDOVIC. The terms of this Section 7 will survive the termination of this EULA.
8. TERMINATION.
This EULA is effective on the date you purchase the Product, download the Product, or begin using the Product, whichever comes first, and will remain in effect until terminated in accordance with its terms. You and LEROUGE LUDOVIC (or its licensors) may terminate this EULA at any time and for any reason. Termination of this EULA by LEROUGE LUDOVIC will be effective (a) upon notice to you, or (b) upon LEROUGE LUDOVIC's decision to discontinue offering and/or supporting the Product. This EULA will automatically terminate if you fail to comply with any of its terms and conditions. Upon termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
9. MODIFICATION OF THIS EULA OR THE PRODUCT.
LEROUGE LUDOVIC reserves the right, at its sole discretion, to revise, update, change, modify, add, supplement or delete portions of this EULA for safety, legal, best practice or regulatory reasons. You will not be required to receive prior notice of any such changes to take effect. You may review the most current version of this EULA by clicking on the "EULA" link located on the Product. It is your responsibility to review this EULA periodically to be aware of any changes. If any future modification of this EULA is unacceptable to you or causes you to no longer agree or comply with this EULA, you may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision of this EULA constitutes your full and irrevocable acceptance of all modifications to this EULA.
LEROUGE LUDOVIC may make changes to the Product for any or no specific reason at any time and at its sole discretion, particularly for technical reasons such as updates, maintenance and/or resets to improve and/or optimize the Product. You agree that the Product may install or download changes automatically. You agree that LEROUGE LUDOVIC may stop supporting the Product as soon as an updated version is available. LEROUGE LUDOVIC's distribution partners and associated service providers are under no obligation to provide maintenance or customer support for the Product. LEROUGE LUDOVIC also reserves the right to modify the Rules of Conduct set out in Section 1 in order to impose limits on the use of the Product.
10. MISCELLANEOUS.
10.1 Export controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws, restrictions and regulations promulgated by any agency or authority of the United States or any other country with respect to the Product and your use of the Product. The Product may not be downloaded, installed, exported or re-exported by or to a national or resident of a country against which the United States has embargoed, or to a person on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country and that you are not listed in any such country.
10.2 Autonomy of Terms. If any term of this EULA is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such term or portion thereof shall be deemed, to the extent necessary, to be severed, and the validity and enforceability of the remaining terms of this EULA shall not be affected thereby. In the event that any invalid, unenforceable or illegal term of this EULA would be valid, enforceable and legal if any part of such term were deleted, such term shall be applied with the minimum modification necessary to make it legal, valid and enforceable and reflect the original intentions of LEROUGE LUDOVIC.
10.3 No Waiver. No delay or failure by LEROUGE LUDOVIC (or its licensors) to exercise or enforce any right or remedy under this EULA or by law will operate as a waiver of such right or remedy or any other right or remedy or prevent or restrict its exercise in the future. No single or partial exercise of such right or remedy will prevent or restrict the exercise of such right or remedy or any other right or remedy. The waiver of a right or remedy may only be considered effective after a written declaration to that effect has been signed by LEROUGE LUDOVIC or by the user.
10.4 Law and jurisdiction. This EULA is governed by the laws of France, without application of its conflict of laws rules; and you expressly consent and submit to the exclusive jurisdiction of the French Courts for any claim or dispute with LEROUGE LUDOVIC, or in any way relating to this EULA or your use of the Product, and you further agree and expressly consent to the exercise of territorial jurisdiction in the French Courts in connection with any such dispute, including any claim involving LEROUGE LUDOVIC and/or its subsidiaries, and their respective subcontractors, vendors and content providers.
If you have any questions regarding this EULA, you may contact LEROUGE LUDOVIC at the following address: theredgamesstudio@gmail.com.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.
READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement ("EULA") governs your use of the video game, the application, the software and any upgrades, patches, updates and related services (the "Product") that are currently or will in the future be provided by LEROUGE LUDOVIC.
This EULA sets forth the terms and conditions under which LEROUGE LUDOVIC makes the Product available to you (the "User" or "you") and under which you may use it. LEROUGE LUDOVIC's Privacy Policy ("Privacy Policy"), which can be viewed at http://theredgames.e-monsite.com/pages/charte/a-propos.html, is an integral part of this EULA. By installing or using the Product, you agree to accept and be bound at all times by (1) this EULA and (2) the Privacy Policy. If you do not agree to them, please do not install or use the Product.
LEROUGE LUDOVIC reserves the right to change, modify, add or remove portions of this EULA at any time in accordance with the procedures described below in Section 9.
Undefined terms that are capitalized in this EULA have the meanings given to them in the Terms of Use.
1. 1. GRANTING OF THE LICENCE.
1.1 LEROUGE LUDOVIC (or its licensors) grants you a personal, non-commercial, non-transferable, non-exclusive and non-sublicensable license to install and/or use the Product (in whole or in part) and any Product (the "License") until you or LEROUGE LUDOVIC terminate this EULA. You may not use or authorize any third party to use the Product or this License for any commercial purpose without LEROUGE LUDOVIC's prior written permission. Updates, upgrades, patches and modifications may be required in order for you to continue to use the Product on certain hardware. THIS PRODUCT IS MADE AVAILABLE TO YOU UNDER A LICENSE, IT IS NOT SOLD TO YOU.
Where applicable, portions of the Product may use third party features, some of which are maintained by third party vendors for which other terms and/or prices may apply. You must comply with these other terms and conditions: for example, if the Product offers a VoIP application, you must comply with the associated data service agreement when using the Product. Please review these terms and conditions and prices.
1.2 You will not, directly or indirectly (i) sell, lease, rent, license, distribute, market, exploit the Product or any part thereof commercially, (ii) reverse engineer, decompile, disassemble, or otherwise reverse compile the Product or any part thereof, adapt it, reproduce it in whole or in part or create derivative works from it (unless the Product allows you, through a specific feature, to create, generate or submit User-Generated Content for which you must create an Account and comply with the Terms of Use); (iii) create, use and/or distribute "auto", "trainer", "script" or "macro" computer programs or other "cheating" or "hacking" software programs or applications for this Product (whether as part of an online multiplayer game or a single-player game over the Internet or local network); (iv) remove, alter, disable or circumvent any copyright, trademark or other proprietary information, notices or labels of authorship and origin that may be contained in or on such Product; and (v) export or re-export such Product or an adaptation copy in violation of applicable laws or regulations.
1.3 When using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to abide by certain rules of conduct that govern your use of the Product ("Rules of Conduct"), which are not intended to be exhaustive and may be modified at any time by LEROUGE LUDOVIC. In all cases, you may only use the Product in accordance with its intended use.
For example, and without limiting LEROUGE LUDOVIC's right to take legal action against you, you may not :
a. create, use, share and/or publish by any means whatsoever in connection with the Product a document (text, words, images, sounds, videos, etc.) that would be contrary to a duty of confidentiality, that would infringe an intellectual property right or an individual's right to privacy, or that would incite to commit an illegal act (piracy, cracking or distribution of counterfeit software in particular) ;
b. modify, distort or block the Product, impose an abnormal load on it, interrupt, slow down and/or hinder the normal functioning of all or part of the Product, its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
c. transmit or propagate a virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in connection with the Product, and/or organize, participate in or be involved in an attack on the servers of LEROUGE LUDOVIC, the Product and/or those of its service providers and partners;
d. create, provide or use other ways of using the Product, such as server emulators;
e. spamming the chat, whether for commercial or personal purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
f. transmit or communicate any material or content that LEROUGE LUDOVIC considers or deems offensive, including words that are harmful, unlawful, abusive, discriminatory, defamatory, libelous, obscene, sexually explicit, or racially, ethnically or otherwise objectionable;
g. harass or threaten other users of the Product;
h. misuse the Help Desk or complaint buttons or send inaccurate reports to LEROUGE LUDOVIC staff members;
i. falsely claim to be an employee or representative of LEROUGE LUDOVIC or its partners and/or agents;
j. falsely claim to be a guarantor in connection with the Product or LEROUGE LUDOVIC.
2. PROPERTY.
All title, ownership rights and intellectual property rights relating to the Product (including all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, landscapes, costumes, effects, dialogues, slogans, LEROUGE LUDOVIC or its licensors shall be entitled to use the Product (e.g., locations, characters, drawings, concepts, choreography, videos, audio-visual effects, domain names and any other elements that form part of the Product, alone or in combination with each other) and all copies thereof. The Product is protected by national and international laws, copyright treaties, conventions and other laws in force. This Product may contain licensed material and, if so, LEROUGE LUDOVIC's licensors may protect their rights in the event of a breach of this Agreement. Any reproduction or representation of these licensed elements in any way and for any reason whatsoever is prohibited without the prior authorization of LEROUGE LUDOVIC and, where applicable, LEROUGE LUDOVIC's licensors and representatives. Except as expressly provided in this EULA, all rights not granted to you under this Agreement are expressly reserved by LEROUGE LUDOVIC.
This License does not confer any rights or title in or to the Product and shall not be construed as an assignment of rights in or to the Product.
3. ACCESS TO THE PRODUCT.
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE ("GDN SOFTWARE"). IN SUCH CASE, YOU HEREBY AGREE AND ACKNOWLEDGE THE FOLLOWING WITH RESPECT TO THE GDN SOFTWARE: (I) BY INSTALLING THE PRODUCT, YOU ARE INSTALLING THE GDN SOFTWARE ON YOUR COMPUTER; (II) THE GDN SOFTWARE MAY LIMIT THE NUMBER OF TIMES THE PRODUCT IS INSTALLED; (III) THE GDN SOFTWARE MAY INSTALL OTHER COMPONENTS ON YOUR COMPUTER THAT ARE REQUIRED TO PROTECT IT FROM COPYING; AND (IV) DURING INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED FOR UNLOCKING THE PRODUCT BY THE GDN SOFTWARE. LEROUGE LUDOVIC WILL NOT BE RESPONSIBLE FOR ANY COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY GDN SOFTWARE. FOR MORE INFORMATION, VISIT THE GDN SOFTWARE WEBSITE AT THE ADDRESS PROVIDED DURING PRODUCT INSTALLATION. AN INTERNET CONNECTION AND REGISTRATION WITH THE ATTACHED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS THE ONLINE SERVICES AND FEATURES OF THIS PRODUCT. UNDER LOCAL LAWS, AGE RESTRICTIONS MAY APPLY TO ACCESS TO ONLINE SERVICES AND FEATURES.
3.2 If you use the Product on a compatible Mobile Device, this Section 3.2 applies to you and your use of the Product:
For the purposes of this EULA, "Compatible Mobile Device" means any portable device capable of connecting to the Internet to access the Product. In particular, "Compatible Mobile Device" means feature phones, smartphones, tablets and personal digital assistants (PDAs).
a. Access to the Product. To use the Product on a Compatible Mobile Device, you must have access to an electronic communication network. The connection costs (and in particular the costs invoiced by mobile telephone providers and/or operators) are at your sole expense. You acknowledge that the quality of the Product, the response time or access to certain functionalities may depend on the capacities of your compatible Mobile Device and the electronic communication network. LEROUGE LUDOVIC shall in no event be held liable for any loss of user comfort. You acknowledge that the Product may not be available on all Mobile Devices or from all operators or network service providers.
b. Collection of Personal Data: In order to provide you with a better gaming experience, tailored services and Product support, LEROUGE LUDOVIC may collect and store data about you in connection with your use of the Product, your login information and/or your compatible Mobile Device. Certain data is recorded, archived, analysed and used to create user statistics. Your right to privacy is very important to LEROUGE LUDOVIC and LEROUGE LUDOVIC will not disclose your personal data to third parties unless you have expressly authorised us to do so or unless there are special circumstances. LEROUGE LUDOVIC may be required to disclose or share your personal data in order to comply with a legal obligation, or to protect its rights and those of other users and third parties. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes. In addition, LEROUGE LUDOVIC reserves the right to collect, store and use anonymous data about you. To learn more about LEROUGE LUDOVIC's use of your personal data, please see our Privacy Policy.
c. Analytical Tools and Ad-Broadcasting Technology. LEROUGE LUDOVIC uses third-party analysis tools to collect information about your use of the Product and your gaming habits as well as those of other users. The information collected may include, but is not limited to: unique mobile device identifier or other device identifiers and settings, operator, operating system, location information, date and time spent on the Product, game scores, gaming metrics and statistics, feature usage, ad conversion rate, monetization rate, purchase history and other similar information. LEROUGE LUDOVIC uses third party ad serving technologies that may collect information by serving ads on the Product and may temporarily display ads in the Product. The information collected and used for targeted advertising may include, but is not limited to : age and gender, the number of views of an advertisement, unique mobile device ID or other device identifiers and settings, information about your use of the Product, the compatible Mobile Device, and other websites (including third party web pages and mobile websites) you have visited (and the times and duration of those visits), the advertisement(s) served, the in-game location and duration of the advertisement(s), and your response to the advertisement(s) (if any). Analytical tools and ad serving technologies may use server log files, web beacons, cookies, web beacons and other technologies to collect such information and may combine information collected on other LEROUGE LUDOVIC Products and Services with information collected on other websites and third party mobile products and services, as well as with demographic research, ad surveys, market research and other analytical surveys. This information alone does not constitute personal data. However, if LEROUGE LUDOVIC mixes it with personal data, LEROUGE LUDOVIC will treat it as personal data under the terms of its Privacy Policy. LEROUGE LUDOVIC makes every effort to provide you with links to the respective privacy policies of our partners that govern how their tools and technologies are used and, where applicable, the link that allows you to decline their services.
4. ACCEPTANCE OF CONTROLS.
When you use the Product, the Product may monitor the random access memory (RAM) of your hardware to detect unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects an unauthorized Third Party Program, LEROUGE LUDOVIC will be notified, along with your Account name, IP address, details of the unauthorized Third Party Program detected, the time and date the unauthorized Third Party Program was detected, and the specifications and performance of your hardware, with or without further notice. If the Product detects the use of an unauthorized third-party program, this License and your access to the Product may be terminated, with or without notice to you.
However, please note that LEROUGE LUDOVIC does not endorse and assumes no responsibility or liability for any opinions, advice and/or recommendations posted or sent by you in the Product, including in game chat. Such communications are the sole responsibility of the user in question.
5. LIMITED WARRANTY OF THE PRODUCT PURCHASED ON A PHYSICAL MEDIUM.
If you purchased the Product on physical media (CD, cartridge or DVD-ROM), this Section 5 applies to you:
LEROUGE LUDOVIC warrants that the physical media containing the Product will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase. In the event that the media containing the Product proves to be defective during this period, LEROUGE LUDOVIC will, at its option and free of charge, (a) correct any defect, (b) replace the Product, (c) replace the Product with a similar product of equal or greater value (if the Product is no longer manufactured by LEROUGE LUDOVIC or if LEROUGE LUDOVIC no longer has it in stock), or (d) refund you upon presentation of written proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When you return the Product for warranty replacement, please send us the original disc or, as the case may be, cartridge or DVD only in its protective packaging and include: (1) a photocopy of your dated purchase invoice; (2) your name and return address typed or clearly printed; (3) a short note describing the defect, the problem(s) you are experiencing and the hardware and system on which you are running the program.
6. NO WARRANTY, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE". LEROUGE LUDOVIC, ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL SUCH CONDITIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY; (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) THE IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT; (D) ITS MERCHANTABILITY; OR (E) YOUR SATISFACTION. LEROUGE LUDOVIC DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT, AND FOR ITS INSTALLATION, USE, AND RESULTS OBTAINED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEROUGE LUDOVIC, ITS LICENSORS, DISTRIBUTION PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY ASSOCIATED THIRD PARTY SERVICE. SHALL INCLUDE, WITHOUT LIMITATION, (A) ALL DAMAGES OF ANY KIND, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER ACCIDENTAL OR NEGLIGENT), OR (B) DIRECT DAMAGES; (C) INCIDENTAL DAMAGES, (D) CONSEQUENTIAL DAMAGES, (E) INCIDENTAL DAMAGES, AND (F) INDIRECT DAMAGES.
NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH LEROUGE LUDOVIC OR ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO DISCONTINUE USING THE PRODUCT AND, IF APPLICABLE, TO SEEK DAMAGES FOR YOUR INJURIES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE DEVICE THAT DOES NOT MEET THE APPLICABLE LEGAL WARRANTIES, LEROUGE LUDOVIC'S LIABILITY IS LIMITED TO REIMBURSEMENT (DIRECTLY OR INDIRECTLY THROUGH ITS DISTRIBUTION PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL LEROUGE LUDOVIC, ITS AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE YOU PAID TO LEROUGE LUDOVIC FOR THE PRODUCT DURING THE TWELVE (12) MONTHS PRIOR TO YOUR CAUSE OF ACTION.
NOTHING IN THIS SECTION 6 AFFECTS LEROUGE LUDOVIC'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LEROUGE LUDOVIC'S NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 6, LEROUGE LUDOVIC'S LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND MAY ASSERT THIS EULA AGAINST YOU.
7. COMPENSATION.
You assume full responsibility for damages caused to LEROUGE LUDOVIC, its licensors, distribution partners, associated service providers and subcontractors, other users of the Product and any other person or entity, by your breach of this EULA.
YOU HEREBY AGREE TO INDEMNIFY LEROUGE LUDOVIC AND ITS AFFILIATES, THEIR LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS' FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) YOUR BREACH OF ANY TERM OF THIS EULA OR (B) YOUR MISUSE OR ABUSE OF THE PRODUCT. LEROUGE LUDOVIC reserves the right to take sole responsibility, at its own expense, for the conduct of any claim against which you have agreed to indemnify LEROUGE LUDOVIC. The terms of this Section 7 will survive the termination of this EULA.
8. TERMINATION.
This EULA is effective on the date you purchase the Product, download the Product, or begin using the Product, whichever comes first, and will remain in effect until terminated in accordance with its terms. You and LEROUGE LUDOVIC (or its licensors) may terminate this EULA at any time and for any reason. Termination of this EULA by LEROUGE LUDOVIC will be effective (a) upon notice to you, or (b) upon LEROUGE LUDOVIC's decision to discontinue offering and/or supporting the Product. This EULA will automatically terminate if you fail to comply with any of its terms and conditions. Upon termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
9. MODIFICATION OF THIS EULA OR THE PRODUCT.
LEROUGE LUDOVIC reserves the right, at its sole discretion, to revise, update, change, modify, add, supplement or delete portions of this EULA for safety, legal, best practice or regulatory reasons. You will not be required to receive prior notice of any such changes to take effect. You may review the most current version of this EULA by clicking on the "EULA" link located on the Product. It is your responsibility to review this EULA periodically to be aware of any changes. If any future modification of this EULA is unacceptable to you or causes you to no longer agree or comply with this EULA, you may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision of this EULA constitutes your full and irrevocable acceptance of all modifications to this EULA.
LEROUGE LUDOVIC may make changes to the Product for any or no specific reason at any time and at its sole discretion, particularly for technical reasons such as updates, maintenance and/or resets to improve and/or optimize the Product. You agree that the Product may install or download changes automatically. You agree that LEROUGE LUDOVIC may stop supporting the Product as soon as an updated version is available. LEROUGE LUDOVIC's distribution partners and associated service providers are under no obligation to provide maintenance or customer support for the Product. LEROUGE LUDOVIC also reserves the right to modify the Rules of Conduct set out in Section 1 in order to impose limits on the use of the Product.
10. MISCELLANEOUS.
10.1 Export controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws, restrictions and regulations promulgated by any agency or authority of the United States or any other country with respect to the Product and your use of the Product. The Product may not be downloaded, installed, exported or re-exported by or to a national or resident of a country against which the United States has embargoed, or to a person on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country and that you are not listed in any such country.
10.2 Autonomy of Terms. If any term of this EULA is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such term or portion thereof shall be deemed, to the extent necessary, to be severed, and the validity and enforceability of the remaining terms of this EULA shall not be affected thereby. In the event that any invalid, unenforceable or illegal term of this EULA would be valid, enforceable and legal if any part of such term were deleted, such term shall be applied with the minimum modification necessary to make it legal, valid and enforceable and reflect the original intentions of LEROUGE LUDOVIC.
10.3 No Waiver. No delay or failure by LEROUGE LUDOVIC (or its licensors) to exercise or enforce any right or remedy under this EULA or by law will operate as a waiver of such right or remedy or any other right or remedy or prevent or restrict its exercise in the future. No single or partial exercise of such right or remedy will prevent or restrict the exercise of such right or remedy or any other right or remedy. The waiver of a right or remedy may only be considered effective after a written declaration to that effect has been signed by LEROUGE LUDOVIC or by the user.
10.4 Law and jurisdiction. This EULA is governed by the laws of France, without application of its conflict of laws rules; and you expressly consent and submit to the exclusive jurisdiction of the French Courts for any claim or dispute with LEROUGE LUDOVIC, or in any way relating to this EULA or your use of the Product, and you further agree and expressly consent to the exercise of territorial jurisdiction in the French Courts in connection with any such dispute, including any claim involving LEROUGE LUDOVIC and/or its subsidiaries, and their respective subcontractors, vendors and content providers.
If you have any questions regarding this EULA, you may contact LEROUGE LUDOVIC at the following address: theredgamesstudio@gmail.com.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.