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LOCAL LAWS IN YOUR RESPECTIVE JURISDICTION MAY REQUIRE THAT YOU ARE OF A CERTAIN AGE IN ORDER TO ENTER INTO CERTAIN LEGALLY BINDING ARRANGEMENTS SUCH AS THE TERMS OF THIS AGREEMENT. IN THE EVENT THAT YOU ARE UNDER THE REQUIRED AGE, YOU MAY NOT CONTINUE TO USE THE GAME, UNLESS YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS.
COMPANY OF HEROES™ 3 PRE-ALPHA PREVIEW END USER LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY CHECKING THE BOX LABELLED "ACCEPT", YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY SEGA EUROPE LIMITED. (“SEGA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE OR PROMPTLY DELETE THE SOFTWARE PROGRAM.
You have been invited to the Pre-Alpha Preview for the sole purpose of evaluating this video game (the “Game”) and identifying bugs (the “Preview”). Nothing in this Agreement, shall be interpreted as granting you any rights or privileges of any kind with respect to the Preview. The Game is provided on an "as is" and "as available" basis and SEGA makes no warranty to you of any kind, express or implied.
This pre-release version of the Game and any software programs or files that are provided to you (via on-line transmission or otherwise) including to 'patch,' or 'update’ (collectively, “Software”), as well as any on-line or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software are the copyrighted work of SEGA. All use of the Game and Software is governed by the terms of this Agreement. The Game is distributed solely for use by authorised individuals who have received prior authorisation from SEGA for purposes of testing the Game in accordance with the terms of this Agreement ("Testers" or “You”). Any use, reproduction or redistribution of the Game not expressly authorised by the terms of this Agreement is expressly prohibited.
Only Testers are permitted to participate in the Preview, and anyone without such authorisation is not eligible to enter into this Agreement. In consideration of SEGA's authorisation for You to participate in the Preview, You agree to be bound by the following terms and conditions:
1. Agreement and Conditions of Use.
1.1. You must accept this Agreement in order to access and play the Game.
1.2 Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not continue to use the Game, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Game. By participating in the Preview, you warrant that you are old enough to use the Game without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Game at all times.
1.3 This Game may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Game using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances.
2. Grant of a Limited Use License. SEGA hereby grants, and by installing the Game and Software You thereby accept, a limited, non-transferable, non-exclusive license and right to install and use one (1) copy of the Game and Software for Your personal use on Your computing device or hardware which You own or are under Your personal control.
3. Additional Terms.
(a) When playing the Software, You may accumulate points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Software build, patch or update completes the testing phase;
(b) By opting in to the Preview, You agree that: (i) participation in the Preview is at Your own risk and that You know that the Software and/or Preview materials may include known or unknown bugs, (ii) any value or status indicators that You achieve through game play may be erased at any time, (iii) SEGA has no obligation to make the Software available for play without charge for any period of time, nor to make them available at all, and (iv) this Agreement will apply to Your use of the Software during the beta testing phase;
(c) As part of the Preview, You may become privy to certain Confidential Information regarding the Software. This Confidential Information shall be held in strict confidence and shall not be disseminated or disclosed to any third party without the express written consent of SEGA. You may also be required to sign a non-disclosure agreement which shall be incorporated into the terms of this Agreement. Disclosure of this Confidential Information without the express written consent of SEGA shall result in immediate termination of this Agreement ending Your participation in the Preview and shall also be a breach of the non-disclosure agreement. SEGA shall be entitled to pursue all remedies available under Sections 5, 13 and 14 below in this event;
(d) The Software may contain functions for collecting and tracking information related to Testers’ use of the Software. You acknowledge that SEGA does and may collect data derived from Your playing of the Game and Software and SEGA reserves the right to compile, save, use and analyse such information. The collection and storage or the above data and game play is solely for the purposes of facilitating the existing functionality of the Game, assisting SEGA in assessing improvements to it and other games based on general playing patterns and for digital management purposes;
(e) Tester accounts (including but not limited to any key codes provided to allow access to the Game) are non-transferable under any circumstances; and
(f) As part of the Preview, You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You hereby grant SEGA the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (1) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any SEGA product, technology, service, specification or documentation; (2) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
4. Ownership. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME AND SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. All title, ownership rights and intellectual property rights in and to the Game and Software, and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, storylines, character likeness and "applets" incorporated into the Game) and Confidential Information are owned or licensed by SEGA. The Game and Software are protected by UK copyright laws, international copyright treaties and conventions and other laws. All rights not expressly granted by SEGA or its affiliates under this Agreement are reserved by SEGA or its affiliates. The Game and/or Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
5. Responsibilities of Tester.
(a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 5 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
(b) You agree that You shall not, under any circumstances:
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorised herein, nor shall You rent, lease or license the Software;
(ii) transfer, sell or disclose to any person or entity other than SEGA any CD-key, serial number, activation code, or other unique identifier or means of authentication provided to You by SEGA;
(iii) exploit the Game, or any of its parts, including but not limited to the Software, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site;
(iv) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by SEGA in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to unauthorised network play over the Internet, network play utilising commercial or non-commercial gaming networks or as part of content aggregation networks; or
(v) create or maintain, under any circumstance, any unauthorised connections to the Game or the Software. All connections to the Game, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by SEGA and/or its third party licensors with respect to the Game (if any). Under no circumstances may You connect, or create tools that allow You or others to connect, to the Game's interface or interfaces other than those expressly provided for public use.
(c) You agree that any unauthorised use or disclosure of the Confidential Information shall cause SEGA irreparable harm for which its remedies at law would be inadequate. Accordingly, You agree that SEGA, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement, You shall notify SEGA in writing immediately if You have reason to believe that any person who has had access to the Confidential Information has violated or intends to violate the terms of this Agreement or otherwise disclose any of the Confidential Information in violation of the terms hereof. Any and all remedies herein expressly conferred upon SEGA will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity, and the exercise by SEGA of any one remedy will not preclude the exercise of any other remedy.
6. Term of the Preview. The Game is an 'on-line' game that allows You to play the Game over the internet. SEGA may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Agreement will terminate immediately upon the end of the Preview.
7. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) removing the Software from Your hard drive; and (ii) notifying SEGA of Your intention to terminate this Agreement. SEGA may terminate this Agreement at its sole discretion for any reason or no reason. In such event, You must immediately destroy the Game and remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
8. Export Controls. The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If You do not meet these criteria or are not sure, do not install the software. If You live in such a country, no license is granted hereunder.
9. Patches and Updates. SEGA may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to play the Game. SEGA may update the Software remotely, including without limitation the Software residing on the user's machine, without the knowledge or consent of the user, and You hereby grant to SEGA Your consent to deploy and apply such patches, updates and modifications to the Game.
10. Limited Warranty. THE GAME, SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME, SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME AND SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE GAME AND SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME AND SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORISED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. NEITHER SEGA, NOR ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME AND/OR YOUR PARTICIPATION IN THE PREVIEW INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SEGA HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE GAME AND/OR PREVIEW INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHER, SEGA SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. SEGA SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SEGA OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
12. Data Protection Notification. YOU ACKNOWLEDGE THAT SEGA MAY (I) PROCESS PERSONAL DATA RELATING TO YOU AS PART OF YOUR PARTICIPATION IN THE PREVIEW AND/OR YOUR USE OF THE GAME AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL AND/OR ITS AFFILIATES, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE SEGA PRIVACY POLICY MADE AVAILABLE ONLINE AT http://www.sega.co.uk/Privacy. IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or by email at help@sega.co.uk. You can also contact our data protection officer at dpo@sega.co.uk.
13. Equitable Remedies. You hereby agree that SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore You agree that SEGA 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 SEGA may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
14. Indemnity. At SEGA's request, You agree to defend, indemnify and hold harmless SEGA, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by You. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
15. Open Source Software. The Game Software includes AND/OR USES open source software (“OSS”) and Third Party Software (“TPS”). You agree to be bound by those licence terms in respect of the OSS and TPS contained in the Software.
This Product may be protected by anti-cheat/hacking software and/or Denuvo Anti-Tamper Protection Technology (“Denuvo Anti-Tamper Technology”). If the Product does contain Denuvo, you hereby acknowledge and agree to the following regarding the Denuvo Anti-Tamper Technology:
(a) the installation of the Product will cause the Denuvo Anti-Tamper Technology to be installed on your device;
(b) the Denuvo Anti-Tamper Technology may limit the number of installations of the Product;
(c) the Denuvo Anti-Tamper Technology may install on your device additional components required for copy protection;
(d) during the installation and/or the first launch of the Product, an online connection may be required to activate the Product and the Denuvo Anti-Tamper Technology; and
(e) certain files of the Denuvo Anti-Tamper Technology may remain even after the Product is uninstalled from your device.
In no event shall SEGA be liable to you in connection with the components that may be installed on your device relating to the Denuvo Anti-Tamper Technology.
If you disable or otherwise tamper with the Denuvo Anti-Tamper Technology, the Product may not operate properly and you are in material breach of this Agreement.
You can find out about Denuvo’s privacy practices in its privacy policy: https://irdeto.com/privacy/
16. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and SEGA. It can be modified at any time by SEGA at its sole discretion. SEGA may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of Your rights or obligations under the Agreement without SEGA’s express prior written consent. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of SEGA, its agents, or employees, but only by an instrument in writing signed by an authorised officer of SEGA. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Agreement shall remain in full force and effect. For any customer service enquiries you may contact Relic Entertainment, Inc., and/or SEGA Europe Limited at the following address:
SEGA Europe Limited
Customer Service Department
27 Great West Road
Brentford
Middlesex
TW8 9BW
Email: customersupportuk@sega.co.uk
COMPANY OF HEROES™ 3 PRE-ALPHA PREVIEW END USER LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY CHECKING THE BOX LABELLED "ACCEPT", YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY SEGA EUROPE LIMITED. (“SEGA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE OR PROMPTLY DELETE THE SOFTWARE PROGRAM.
You have been invited to the Pre-Alpha Preview for the sole purpose of evaluating this video game (the “Game”) and identifying bugs (the “Preview”). Nothing in this Agreement, shall be interpreted as granting you any rights or privileges of any kind with respect to the Preview. The Game is provided on an "as is" and "as available" basis and SEGA makes no warranty to you of any kind, express or implied.
This pre-release version of the Game and any software programs or files that are provided to you (via on-line transmission or otherwise) including to 'patch,' or 'update’ (collectively, “Software”), as well as any on-line or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software are the copyrighted work of SEGA. All use of the Game and Software is governed by the terms of this Agreement. The Game is distributed solely for use by authorised individuals who have received prior authorisation from SEGA for purposes of testing the Game in accordance with the terms of this Agreement ("Testers" or “You”). Any use, reproduction or redistribution of the Game not expressly authorised by the terms of this Agreement is expressly prohibited.
Only Testers are permitted to participate in the Preview, and anyone without such authorisation is not eligible to enter into this Agreement. In consideration of SEGA's authorisation for You to participate in the Preview, You agree to be bound by the following terms and conditions:
1. Agreement and Conditions of Use.
1.1. You must accept this Agreement in order to access and play the Game.
1.2 Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not continue to use the Game, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Game. By participating in the Preview, you warrant that you are old enough to use the Game without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Game at all times.
1.3 This Game may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Game using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances.
2. Grant of a Limited Use License. SEGA hereby grants, and by installing the Game and Software You thereby accept, a limited, non-transferable, non-exclusive license and right to install and use one (1) copy of the Game and Software for Your personal use on Your computing device or hardware which You own or are under Your personal control.
3. Additional Terms.
(a) When playing the Software, You may accumulate points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Software build, patch or update completes the testing phase;
(b) By opting in to the Preview, You agree that: (i) participation in the Preview is at Your own risk and that You know that the Software and/or Preview materials may include known or unknown bugs, (ii) any value or status indicators that You achieve through game play may be erased at any time, (iii) SEGA has no obligation to make the Software available for play without charge for any period of time, nor to make them available at all, and (iv) this Agreement will apply to Your use of the Software during the beta testing phase;
(c) As part of the Preview, You may become privy to certain Confidential Information regarding the Software. This Confidential Information shall be held in strict confidence and shall not be disseminated or disclosed to any third party without the express written consent of SEGA. You may also be required to sign a non-disclosure agreement which shall be incorporated into the terms of this Agreement. Disclosure of this Confidential Information without the express written consent of SEGA shall result in immediate termination of this Agreement ending Your participation in the Preview and shall also be a breach of the non-disclosure agreement. SEGA shall be entitled to pursue all remedies available under Sections 5, 13 and 14 below in this event;
(d) The Software may contain functions for collecting and tracking information related to Testers’ use of the Software. You acknowledge that SEGA does and may collect data derived from Your playing of the Game and Software and SEGA reserves the right to compile, save, use and analyse such information. The collection and storage or the above data and game play is solely for the purposes of facilitating the existing functionality of the Game, assisting SEGA in assessing improvements to it and other games based on general playing patterns and for digital management purposes;
(e) Tester accounts (including but not limited to any key codes provided to allow access to the Game) are non-transferable under any circumstances; and
(f) As part of the Preview, You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You hereby grant SEGA the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (1) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any SEGA product, technology, service, specification or documentation; (2) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
4. Ownership. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME AND SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. All title, ownership rights and intellectual property rights in and to the Game and Software, and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, storylines, character likeness and "applets" incorporated into the Game) and Confidential Information are owned or licensed by SEGA. The Game and Software are protected by UK copyright laws, international copyright treaties and conventions and other laws. All rights not expressly granted by SEGA or its affiliates under this Agreement are reserved by SEGA or its affiliates. The Game and/or Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
5. Responsibilities of Tester.
(a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 5 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
(b) You agree that You shall not, under any circumstances:
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorised herein, nor shall You rent, lease or license the Software;
(ii) transfer, sell or disclose to any person or entity other than SEGA any CD-key, serial number, activation code, or other unique identifier or means of authentication provided to You by SEGA;
(iii) exploit the Game, or any of its parts, including but not limited to the Software, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site;
(iv) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by SEGA in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to unauthorised network play over the Internet, network play utilising commercial or non-commercial gaming networks or as part of content aggregation networks; or
(v) create or maintain, under any circumstance, any unauthorised connections to the Game or the Software. All connections to the Game, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by SEGA and/or its third party licensors with respect to the Game (if any). Under no circumstances may You connect, or create tools that allow You or others to connect, to the Game's interface or interfaces other than those expressly provided for public use.
(c) You agree that any unauthorised use or disclosure of the Confidential Information shall cause SEGA irreparable harm for which its remedies at law would be inadequate. Accordingly, You agree that SEGA, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement, You shall notify SEGA in writing immediately if You have reason to believe that any person who has had access to the Confidential Information has violated or intends to violate the terms of this Agreement or otherwise disclose any of the Confidential Information in violation of the terms hereof. Any and all remedies herein expressly conferred upon SEGA will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity, and the exercise by SEGA of any one remedy will not preclude the exercise of any other remedy.
6. Term of the Preview. The Game is an 'on-line' game that allows You to play the Game over the internet. SEGA may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Agreement will terminate immediately upon the end of the Preview.
7. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) removing the Software from Your hard drive; and (ii) notifying SEGA of Your intention to terminate this Agreement. SEGA may terminate this Agreement at its sole discretion for any reason or no reason. In such event, You must immediately destroy the Game and remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
8. Export Controls. The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If You do not meet these criteria or are not sure, do not install the software. If You live in such a country, no license is granted hereunder.
9. Patches and Updates. SEGA may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to play the Game. SEGA may update the Software remotely, including without limitation the Software residing on the user's machine, without the knowledge or consent of the user, and You hereby grant to SEGA Your consent to deploy and apply such patches, updates and modifications to the Game.
10. Limited Warranty. THE GAME, SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME, SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME AND SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE GAME AND SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME AND SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORISED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. NEITHER SEGA, NOR ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME AND/OR YOUR PARTICIPATION IN THE PREVIEW INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SEGA HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE GAME AND/OR PREVIEW INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHER, SEGA SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. SEGA SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SEGA OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
12. Data Protection Notification. YOU ACKNOWLEDGE THAT SEGA MAY (I) PROCESS PERSONAL DATA RELATING TO YOU AS PART OF YOUR PARTICIPATION IN THE PREVIEW AND/OR YOUR USE OF THE GAME AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL AND/OR ITS AFFILIATES, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE SEGA PRIVACY POLICY MADE AVAILABLE ONLINE AT http://www.sega.co.uk/Privacy. IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or by email at help@sega.co.uk. You can also contact our data protection officer at dpo@sega.co.uk.
13. Equitable Remedies. You hereby agree that SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore You agree that SEGA 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 SEGA may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
14. Indemnity. At SEGA's request, You agree to defend, indemnify and hold harmless SEGA, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by You. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
15. Open Source Software. The Game Software includes AND/OR USES open source software (“OSS”) and Third Party Software (“TPS”). You agree to be bound by those licence terms in respect of the OSS and TPS contained in the Software.
This Product may be protected by anti-cheat/hacking software and/or Denuvo Anti-Tamper Protection Technology (“Denuvo Anti-Tamper Technology”). If the Product does contain Denuvo, you hereby acknowledge and agree to the following regarding the Denuvo Anti-Tamper Technology:
(a) the installation of the Product will cause the Denuvo Anti-Tamper Technology to be installed on your device;
(b) the Denuvo Anti-Tamper Technology may limit the number of installations of the Product;
(c) the Denuvo Anti-Tamper Technology may install on your device additional components required for copy protection;
(d) during the installation and/or the first launch of the Product, an online connection may be required to activate the Product and the Denuvo Anti-Tamper Technology; and
(e) certain files of the Denuvo Anti-Tamper Technology may remain even after the Product is uninstalled from your device.
In no event shall SEGA be liable to you in connection with the components that may be installed on your device relating to the Denuvo Anti-Tamper Technology.
If you disable or otherwise tamper with the Denuvo Anti-Tamper Technology, the Product may not operate properly and you are in material breach of this Agreement.
You can find out about Denuvo’s privacy practices in its privacy policy: https://irdeto.com/privacy/
16. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and SEGA. It can be modified at any time by SEGA at its sole discretion. SEGA may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of Your rights or obligations under the Agreement without SEGA’s express prior written consent. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of SEGA, its agents, or employees, but only by an instrument in writing signed by an authorised officer of SEGA. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Agreement shall remain in full force and effect. For any customer service enquiries you may contact Relic Entertainment, Inc., and/or SEGA Europe Limited at the following address:
SEGA Europe Limited
Customer Service Department
27 Great West Road
Brentford
Middlesex
TW8 9BW
Email: customersupportuk@sega.co.uk