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END USER LICENCE AGREEMENT
This end user licence agreement ("Licence") is a legal agreement between you and Team17 Digital Limited of 3 Red Hall Avenue, Paragon Business Park, Wakefield, England, WF1 2UL relating to the software programs of Team17's videogames as published by Team17 from time to time, whether existing now or in the future and any add-ons, variations, expansions packs, virtual content, virtual currency, updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and we are referred to as "Team17", "we", "us" or "our".
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account (defined below) or not and whether on any Team17 or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this Licence, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
* BY CLICKING ON THE “YES” OR “INSTALL” BUTTON, OR BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS ARE LEGALLY BINDING ON YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.
In addition to the terms of this Licence, any and all uses of the Software are subject to our privacy policy located at https://www.team17.com/privacy-policy/ ("Privacy Policy") and the Game terms and conditions of use available at www.team17.com/terms-conditions ("Terms and Conditions"), all of which are incorporated into this Licence by reference. By agreeing to this Licence, you agree to be legally bound by the Privacy Policy and the Terms and Conditions.
You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of the Software in any way (whether on any Team17 or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this Licence regularly. The current Licence is available at the link below.
Link: http://www.team17.com/eula/
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account (defined below in Section 4) to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Team17 or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4 ACCOUNTS
4.1 In order to access and use the Software and access the Game (and this could be via a Team17 platform or a third-party platform), you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address ("Registration"). Our Privacy Policy explains how such information may be collected and used. Where the Account is created on a Team17 platform then the Account is governed by the Terms and Conditions. The terms of this Licence are automatically incorporated as part of the Terms and Conditions.
4.2 We are constantly striving to improve the products we develop and/or publish. 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 the online connectivity of our games/systems when you connect, (including technical information about the device and connection you are using to access the games/systems). This data is handled in compliance with applicable data protection laws and regulations, is anonymised and/or aggregated, and only kept for a reasonable period for analysis. For more information about how we approach data privacy, please see: https://www.team17.com/privacy-policy/
5. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE ACKNOWLEDGMENTS
5.1 From time to time the Software may integrate with other third-party services or platforms.
5.2 These third-party services or platforms may generally require you to agree to the terms and conditions of such third-party supplier and set up a separate Account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with you and share information or data with the Software or us, are specific to each third-party provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
5.3The Software may use or include third-party software ("Third-Party Software"). A list of the current Third-Party Software used within Team17's games is included at the Annex to this Licence, along with any conditions or restrictions to use. We reserve the right to update, change and add to this list of Third-Party Software, as applicable, from time to time.
6 SUBSCRIPTIONS AND CANCELLATIONS
6.1 You may need a subscription and/or make payments to access and use certain features of the Software. Subscriptions and payments with any refund and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.
7 DISCLAIMER OF WARRANTIES
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. TEAM17 DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
7.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
8 LIMITATION OF LIABILITY
8.1 SUBJECT TO SECTION 8.3, TEAM17 SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, TEAM17 SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. TEAM17 SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL TEAM17 BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
8.2 The Software is provided to you free of charge under the terms of this Licence. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the Subscription fees, relating to the Game, actually paid by you to Team17 during the twelve (12) months prior to the date of the cause of action first arising.
8.3 Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
9 TERMINATION
9.1 We may terminate this Licence and any user Account in the Game immediately if you commit a breach of this Licence.
9.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game under the Terms and Conditions will immediately cease and be terminated.
10 GENERAL
10.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
10.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
10.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10.5 This Licence, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree that the courts of England will have exclusive jurisdiction in relation to any dispute connected with this License or the Game.
10.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall co-exist with, and shall not supersede, the Terms and Conditions and the Privacy Policy.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
This end user licence agreement ("Licence") is a legal agreement between you and Team17 Digital Limited of 3 Red Hall Avenue, Paragon Business Park, Wakefield, England, WF1 2UL relating to the software programs of Team17's videogames as published by Team17 from time to time, whether existing now or in the future and any add-ons, variations, expansions packs, virtual content, virtual currency, updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and we are referred to as "Team17", "we", "us" or "our".
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account (defined below) or not and whether on any Team17 or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this Licence, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
* BY CLICKING ON THE “YES” OR “INSTALL” BUTTON, OR BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS ARE LEGALLY BINDING ON YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.
In addition to the terms of this Licence, any and all uses of the Software are subject to our privacy policy located at https://www.team17.com/privacy-policy/ ("Privacy Policy") and the Game terms and conditions of use available at www.team17.com/terms-conditions ("Terms and Conditions"), all of which are incorporated into this Licence by reference. By agreeing to this Licence, you agree to be legally bound by the Privacy Policy and the Terms and Conditions.
You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of the Software in any way (whether on any Team17 or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this Licence regularly. The current Licence is available at the link below.
Link: http://www.team17.com/eula/
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account (defined below in Section 4) to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Team17 or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4 ACCOUNTS
4.1 In order to access and use the Software and access the Game (and this could be via a Team17 platform or a third-party platform), you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address ("Registration"). Our Privacy Policy explains how such information may be collected and used. Where the Account is created on a Team17 platform then the Account is governed by the Terms and Conditions. The terms of this Licence are automatically incorporated as part of the Terms and Conditions.
4.2 We are constantly striving to improve the products we develop and/or publish. 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 the online connectivity of our games/systems when you connect, (including technical information about the device and connection you are using to access the games/systems). This data is handled in compliance with applicable data protection laws and regulations, is anonymised and/or aggregated, and only kept for a reasonable period for analysis. For more information about how we approach data privacy, please see: https://www.team17.com/privacy-policy/
5. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE ACKNOWLEDGMENTS
5.1 From time to time the Software may integrate with other third-party services or platforms.
5.2 These third-party services or platforms may generally require you to agree to the terms and conditions of such third-party supplier and set up a separate Account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with you and share information or data with the Software or us, are specific to each third-party provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
5.3The Software may use or include third-party software ("Third-Party Software"). A list of the current Third-Party Software used within Team17's games is included at the Annex to this Licence, along with any conditions or restrictions to use. We reserve the right to update, change and add to this list of Third-Party Software, as applicable, from time to time.
6 SUBSCRIPTIONS AND CANCELLATIONS
6.1 You may need a subscription and/or make payments to access and use certain features of the Software. Subscriptions and payments with any refund and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.
7 DISCLAIMER OF WARRANTIES
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. TEAM17 DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
7.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
8 LIMITATION OF LIABILITY
8.1 SUBJECT TO SECTION 8.3, TEAM17 SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, TEAM17 SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. TEAM17 SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL TEAM17 BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
8.2 The Software is provided to you free of charge under the terms of this Licence. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the Subscription fees, relating to the Game, actually paid by you to Team17 during the twelve (12) months prior to the date of the cause of action first arising.
8.3 Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
9 TERMINATION
9.1 We may terminate this Licence and any user Account in the Game immediately if you commit a breach of this Licence.
9.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game under the Terms and Conditions will immediately cease and be terminated.
10 GENERAL
10.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
10.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
10.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10.5 This Licence, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree that the courts of England will have exclusive jurisdiction in relation to any dispute connected with this License or the Game.
10.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall co-exist with, and shall not supersede, the Terms and Conditions and the Privacy Policy.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.