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END USER LICENSE AGREEMENT - ASTREA
THIS SOFTWARE IS LICENSED, NOT SOLD. ASTREA of 24 Rue Émile Decorps 69100 Villeurbanne, France and its affiliated companies (collectively, “Astrea” or “We”) reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the Game Software, Editors, Additional Content, Physical Materials and Key Code (each as defined below) and collectively as the “Product”.
If you have any questions about this agreement, you can reach ASTREA at 36 Rue Sedaine, 75011, Paris. Legal Department.
This is a legal agreement between you and Astrea. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software or any third party software authorised for use with the Game Software by Astrea which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by ASTREA (“ADDITIONAL CONTENT”), the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “PHYSICAL MATERIALS”), and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. ASTREA requests that you contact one of the customer service centers advertised in the information accompanying any of the Products. Please note that there may be a charge for the telephone call to the customer service center.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://astreaimmersive.io/legal-notice/ INCORPORATES
THE ASTREA PRIVACY POLICY (PUBLISHED AT https://astreaimmersive.io/privacy-policy/). THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH ASTREA, IS TO STOP USING SUCH PRODUCT. YOUR AGREEMENT WITH ASTREA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND ASTREA SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
CANCELLATION RIGHTS: DIGITAL CONTENT
FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT AND/OR KEY CODE) YOU AGREE THAT ASTREA MAKES THE PRODUCT AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER AND ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS EXPLICITLY STATED OTHERWISE BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Product is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Product may be subject to additional terms and conditions published by ASTREA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on https://astreaimmersive.io/legal-notice/ or https://astreaimmersive.io/privacy-policy/.
Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Product after a modification has been made to the Agreement constitutes your acceptance of such modification.
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 Product, 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 Product. By using the Product, you warrant that you are old enough to use the Product 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 Product at all times.
This Product may not be appropriate for children under a certain age. Where possible, ASTREA shall provide an indication of the appropriate age based on the content contained within the Product using a games rating. The games rating is a guideline only and ASTREA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, ASTREA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for any of the Products. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE PRODUCT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY other FORM OF REPRODUCTION or ANY FORM OF distribution IS EXPRESSLY AND EXPLICITLY PROHIBITED. All rights not specifically granted under this Agreement are hereby reserved by ASTREA and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Product (or any part thereof), without the express prior written consent of an authorised representative of ASTREA.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ASTREA, and producers. Except as expressly licensed to you herein, all right, title, and interest in and to the Product and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Product and any related documentation) are owned by ASTREA or ASTREA’s licensors.
The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains certain licensed materials, and ASTREA and ASTREA’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.
4. NO SALE OR ASSIGNMENT
ASTREA does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content, Physical Materials and Key Code). Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of ASTREA. Any attempt to do so shall be void and of no effect.
5. USER GENERATED MATERIALS
The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronization of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional terms in the Schedule which apply.
ASTREA acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Game Software or Game Footage) shall belong to you. To the extent required by ASTREA, with respect to the User-Generated Content, you automatically grant to ASTREA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof) in any way ASTREA sees fit.
ASTREA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which ASTREA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by ASTREA; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of ASTREA and will remain our property or that of our group companies.
You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of ASTREA.
You hereby warrant and represent that any User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or ASTREA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to ASTREA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by ASTREA.
6. LICENSE CONDITIONS
You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Product or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless expressly authorised by ASTREA;
(c) use the Product, or permit use of such Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Product or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product, including but not limited to separating the Key Code from the Physical Materials included with the Product;
(g) export or re-export the Product or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Product unless such functionality is provided to you in the Editors.
If you commit any breach of this Agreement, your right to use the Product under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Product.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY ASTREA IN SECTION 14 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASTREA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, 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. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASTREA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE PRODUCT MAY GO OUT OF DATE, AND ASTREA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
ASTREA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE PRODUCT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND ASTREA’s CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ASTREA IS TO STOP USING THE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF ASTREA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ASTREA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL ASTREA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ASTREA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ASTREA AND THE ASTREA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. INDEMNIFICATION
Upon a request by ASTREA, you agree to defend, indemnify, and hold ASTREA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. ASTREA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ASTREA in asserting any available defenses.
9. INTERNATIONAL USE
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Product is void where prohibited. Without limiting the foregoing, the Product may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to ASTREA prior to any termination. You retain full discretion to discontinue use of the Product at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of ASTREA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Product.
11. INJUNCTION
Because ASTREA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that ASTREA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
12. DATA PROTECTION
YOU ACKNOWLEDGE THAT ASTREA DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, ASTREA MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT YOUR BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING ASTREA IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about ASTREA’s privacy policy can be found at: https://astreaimmersive.io/privacy-policy/).
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to ASTREA, 36 Rue Sedaine, 75011 Paris, France or publisher@astreaimmersive.io.
13. LIMITED GAME SOFTWARE GUARANTEE
SUBJECT TO THE LIMITATION SET OUT BELOW, ASTREA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERCIAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE RETAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT ASTREA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR ASTREA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 7 OF THIS AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.
14. MISCELLANEOUS
This Agreement represents the complete agreement between you and ASTREA concerning the Product and supersedes all prior agreements and representations, warranties or understandings between you and ASTREA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. ASTREA reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to ASTREA and at ASTREA’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, 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 remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
ASTREA 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 ASTREA’s express prior written consent.
ASTREA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of ASTREA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by ASTREA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of France, and you consent to the exclusive jurisdiction of the French Courts.
You may contact ASTREA at the following address:
ASTREA
36 Rue Sedaine, 75011
Paris, France
Email: publisher@astreaimmersive.io
BY CONTINUING TO USE THE ASTREA PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCTS IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
THIS SOFTWARE IS LICENSED, NOT SOLD. ASTREA of 24 Rue Émile Decorps 69100 Villeurbanne, France and its affiliated companies (collectively, “Astrea” or “We”) reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the Game Software, Editors, Additional Content, Physical Materials and Key Code (each as defined below) and collectively as the “Product”.
If you have any questions about this agreement, you can reach ASTREA at 36 Rue Sedaine, 75011, Paris. Legal Department.
This is a legal agreement between you and Astrea. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software or any third party software authorised for use with the Game Software by Astrea which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by ASTREA (“ADDITIONAL CONTENT”), the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “PHYSICAL MATERIALS”), and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. ASTREA requests that you contact one of the customer service centers advertised in the information accompanying any of the Products. Please note that there may be a charge for the telephone call to the customer service center.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://astreaimmersive.io/legal-notice/ INCORPORATES
THE ASTREA PRIVACY POLICY (PUBLISHED AT https://astreaimmersive.io/privacy-policy/). THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH ASTREA, IS TO STOP USING SUCH PRODUCT. YOUR AGREEMENT WITH ASTREA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND ASTREA SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
CANCELLATION RIGHTS: DIGITAL CONTENT
FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT AND/OR KEY CODE) YOU AGREE THAT ASTREA MAKES THE PRODUCT AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER AND ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS EXPLICITLY STATED OTHERWISE BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Product is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Product may be subject to additional terms and conditions published by ASTREA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on https://astreaimmersive.io/legal-notice/ or https://astreaimmersive.io/privacy-policy/.
Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Product after a modification has been made to the Agreement constitutes your acceptance of such modification.
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 Product, 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 Product. By using the Product, you warrant that you are old enough to use the Product 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 Product at all times.
This Product may not be appropriate for children under a certain age. Where possible, ASTREA shall provide an indication of the appropriate age based on the content contained within the Product using a games rating. The games rating is a guideline only and ASTREA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, ASTREA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for any of the Products. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE PRODUCT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY other FORM OF REPRODUCTION or ANY FORM OF distribution IS EXPRESSLY AND EXPLICITLY PROHIBITED. All rights not specifically granted under this Agreement are hereby reserved by ASTREA and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Product (or any part thereof), without the express prior written consent of an authorised representative of ASTREA.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ASTREA, and producers. Except as expressly licensed to you herein, all right, title, and interest in and to the Product and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Product and any related documentation) are owned by ASTREA or ASTREA’s licensors.
The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains certain licensed materials, and ASTREA and ASTREA’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.
4. NO SALE OR ASSIGNMENT
ASTREA does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content, Physical Materials and Key Code). Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of ASTREA. Any attempt to do so shall be void and of no effect.
5. USER GENERATED MATERIALS
The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronization of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional terms in the Schedule which apply.
ASTREA acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Game Software or Game Footage) shall belong to you. To the extent required by ASTREA, with respect to the User-Generated Content, you automatically grant to ASTREA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof) in any way ASTREA sees fit.
ASTREA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which ASTREA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by ASTREA; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of ASTREA and will remain our property or that of our group companies.
You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of ASTREA.
You hereby warrant and represent that any User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or ASTREA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to ASTREA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by ASTREA.
6. LICENSE CONDITIONS
You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Product or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless expressly authorised by ASTREA;
(c) use the Product, or permit use of such Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Product or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product, including but not limited to separating the Key Code from the Physical Materials included with the Product;
(g) export or re-export the Product or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Product unless such functionality is provided to you in the Editors.
If you commit any breach of this Agreement, your right to use the Product under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Product.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY ASTREA IN SECTION 14 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASTREA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, 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. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASTREA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE PRODUCT MAY GO OUT OF DATE, AND ASTREA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
ASTREA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE PRODUCT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND ASTREA’s CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ASTREA IS TO STOP USING THE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF ASTREA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ASTREA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL ASTREA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ASTREA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ASTREA AND THE ASTREA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. INDEMNIFICATION
Upon a request by ASTREA, you agree to defend, indemnify, and hold ASTREA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. ASTREA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ASTREA in asserting any available defenses.
9. INTERNATIONAL USE
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Product is void where prohibited. Without limiting the foregoing, the Product may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to ASTREA prior to any termination. You retain full discretion to discontinue use of the Product at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of ASTREA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Product.
11. INJUNCTION
Because ASTREA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that ASTREA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
12. DATA PROTECTION
YOU ACKNOWLEDGE THAT ASTREA DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, ASTREA MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT YOUR BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING ASTREA IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about ASTREA’s privacy policy can be found at: https://astreaimmersive.io/privacy-policy/).
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to ASTREA, 36 Rue Sedaine, 75011 Paris, France or publisher@astreaimmersive.io.
13. LIMITED GAME SOFTWARE GUARANTEE
SUBJECT TO THE LIMITATION SET OUT BELOW, ASTREA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERCIAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE RETAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT ASTREA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR ASTREA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 7 OF THIS AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.
14. MISCELLANEOUS
This Agreement represents the complete agreement between you and ASTREA concerning the Product and supersedes all prior agreements and representations, warranties or understandings between you and ASTREA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. ASTREA reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to ASTREA and at ASTREA’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, 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 remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
ASTREA 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 ASTREA’s express prior written consent.
ASTREA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of ASTREA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by ASTREA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of France, and you consent to the exclusive jurisdiction of the French Courts.
You may contact ASTREA at the following address:
ASTREA
36 Rue Sedaine, 75011
Paris, France
Email: publisher@astreaimmersive.io
BY CONTINUING TO USE THE ASTREA PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCTS IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.