| Language: |
GENERAL TERMS AND CONDITION OF USE
END USER LICENCE AGREEMENT
28th January 2023
These terms, this limited software warranty and this license agreement (hereinafter the "Agreement") may be updated from time to time. The latest version will be posted on www.longmirestudio.com/eula (the "Website"). Your use of the Software after the posting of a revised Agreement constitutes your acceptance of its terms.
THE "SOFTWARE" INCLUDES ANY SOFTWARE INCLUDED IN THIS AGREEMENT, ONLINE SERVICES (INCLUDING ANY HOSTED SERVICES) OR ASSOCIATED DOWNLOADS (INCLUDING UPDATES), THE SOFTWARE (INCLUDING FIRMWARE), ANY ASSOCIATED DEVICES, ASSOCIATED MEDIA, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN MATERIALS, FILES, ELECTRONIC OR ONLINE MEDIA OR DOCUMENTATION, AND ALL COPIES OF SUCH SOFTWARE AND ITS MEDIA.
THE SOFTWARE IS LICENSED AND NOT SOLD TO YOU. BY OPENING, DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE AND ANY OTHER MEDIA INCLUDED THEREWITH, YOU AGREE TO THE TERMS OF THIS AGREEMENT WITH LONGMIRE, S.A.R.L. (THE "LICENSOR", "OWNER", "WE", "US" OR "OUR") AND THE PRIVACY POLICY AVAILABLE ON THE WEBSITE www.longmirestudio.com/privacy AND THE TERMS OF USE AVAILABLE ON THE WEBSITE www.longmirestudio.com/legal.
A HARD COPY OF ALL THE ABOVE MENTIONED CHARTERS AS WELL AS THIS DOCUMENT IS AVAILABLE AT THE COMPANY'S REGISTERED OFFICE, IT IS YOUR RESPONSIBILITY TO TAKE NOTE OF THIS IN ANY CASE IF YOU ARE UNABLE TO ACCESS ANY WEBSITE OR ELECTRONIC VERSION OF ANY DOCUMENT.
IN THE EVENT OF ANY DISCREPANCY BETWEEN THE FRENCH VERSION OF THIS AGREEMENT AND ANY TRANSLATION, THE FRENCH VERSION SHALL PREVAIL.
THIS USER LICENSE AGREEMENT CONTAINS AN INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE 'INDIVIDUAL ARBITRATION' SECTION THAT, IN SOME JURISDICTIONS, MAY AFFECT YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY 'DISPUTE' (AS DEFINED BELOW) BETWEEN YOU AND THE COMPANY, AND REQUIRES THAT YOU AND THE COMPANY RESOLVE ANY DISPUTE BY INDIVIDUAL ARBITRATION AND NOT IN COURT. YOU HAVE THE RIGHT TO REFUSE TO COMPLY WITH THE INDIVIDUAL ARBITRATION SECTION, AS EXPLAINED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT OPEN, DOWNLOAD, INSTALL, COPY OR USE THIS SOFTWARE.
TO CONCLUDE THIS LICENSE AGREEMENT, YOU MUST BE OF LEGAL AGE IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL OF YOUR ACTIONS WHILE USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANY PERSON YOU AUTHORIZE TO ACCESS YOUR ACCOUNT. YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF LEGAL MAJORITY, UNDERSTAND AND AGREE TO THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION PROVISIONS). IF YOU ARE UNDER THE AGE OF LEGAL MAJORITY, ONE OF YOUR PARENTS OR LEGAL GUARDIANS MUST VALIDATE THIS AGREEMENT AND BE RESPONSIBLE FOR IT.
ANY FAILURE OR DELAY ON THE PART OF THE ISSUING PARTY TO EXERCISE ANY RIGHT, POWER OR PRIVILEGE PROVIDED FOR IN THIS CONTRACT SHALL NOT CONSTITUTE A WAIVER, NOR SHALL THE PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER OR PRIVILEGE PRECLUDE THE EXERCISE OF ANY OTHER RIGHT, POWER OR PRIVILEGE UNDER THIS CONTRACT.
Subject to this Agreement and its terms and conditions, Licensor hereby grants you a non-exclusive, non-transferable, limited, non-revocable right and license to use one copy of the Software for your personal, non-commercial use on a single gaming platform, non-transferable, limited and non-revocable right and license to use one copy of the Software for your personal, non-commercial use on a single gaming platform (e.g. computer, handheld device or game console) as provided by Licensor, unless otherwise expressly stated in the Software documentation. Your license rights are subject to your acceptance of the terms of this Agreement. The terms of your license under this Agreement are effective on the date you install or use the Software and expire on the date you dispose of the Software or on the termination of this Agreement. The terms of your license under this Agreement commence on the date you install or use the Software and expire on the date the Software is disposed of or this Agreement is terminated by Licensor (see below).
LICENCE
The Software is licensed to you, not sold to you, and you hereby agree and understand that no title or ownership of the Software is transferred or assigned to you, and that this Agreement does not constitute a sale of rights in the Software. Licensor retains all right, title and interest in and to the Software, including, without limitation, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works and moral rights. The Software is protected by French copyright and trademark law and by applicable laws and treaties around the world. treaties applicable in the world. It is forbidden to copy, reproduce, alter, modify or distribute the Software in any way whatsoever or on any medium whatsoever, in whole or in part. in whole or in part, without the prior written consent of Licensor. Any person copying, reproducing or distributing the Software in in whole or in part in any manner or medium whatsoever, willfully infringes all copyright laws and may be subject to civil or criminal penalties. and may be subject to civil or criminal penalties in France or in his country.
Be aware that infringement of French copyright law is an offence of counterfeiting punishable by a fine of 300,000 euros fine and 3 years imprisonment. Where the offences have been committed in an organised gang the penalties are increased to seven years' imprisonment and a fine of 750,000 euros (Intellectual Property Code, Article L335-2).
The Software contains certain licensed materials, and Licensor's licensors may also protect their rights in the event of a breach of this Agreement. their rights in the event of a breach of this Agreement. Any rights not expressly granted by this Agreement are retained by Licensor and, if applicable, its licensors. by Licensor and, if applicable, its licensors.
CONDITIONS OF THE LICENCE
You agree not to (and not to guide or instruct any third party to) :
Use the Software for commercial purposes or any exploitation of a nature to generate an advantage or any consideration;
Distribute, rent, license, sell, transfer or otherwise dispose of the Software, or copies thereof, even partial, including virtual objects or virtual currency, without the express prior written consent of Licensor;
Make copies of the Software in whole or in part;
Make copies of the Software and make them available on a network for use or download by multiple users;
Use or install the Software on a network or simultaneously on multiple consoles (or allow others to do so), except as specified by the Software or this Agreement;
Copy the Software to a hard disk or other storage medium to circumvent the requirement to run the Software from the included CD-ROM or DVD-ROM (except for full or partial copies made by the Software itself);
Use or copy the Software in an arcade or other venue provided that Licensor can offer you a separate license agreement to make the Software available for commercial use;
Reverse engineering, decompiling, disassembling, displaying, interpreting, preparing derivative works based on, or otherwise modifying the Software in whole or in part;
Remove or alter any proprietary notices or labels placed on or in the Software;
Interfere with or prevent any other user from using and enjoying the online features of the Software;
Use the Software for betting purposes;
Cheating (including but not limited to the use of loopholes, glitch or bugs) or using bots, harvesters or other unauthorized programs in connection with the online functionality of the Software.
You agree not to violate the terms, charters, licenses or codes of conduct of the online features of the Software and the Community Standards available at rules.longmirestudio.com.
You agree not to export, re-export or transport the Software to a country that prohibits its receipt or that violates French laws and regulations.
ACCESS TO ONLINE FUNCTIONALITIES :
To access special features and/or services, including digital copies, you may need to download the Software, use a unique serial number, register the Software, subscribe to a third party service and/or a licensor service (including agreeing to the terms and policies of that service). Access to special features is limited to one user account per serial number per machine (SEE 'TECHNICAL PROTECTION' BELOW), and such access may not be transferred, sold, leased, licensed, rented, converted into a convertible virtual currency or re-registered by another user, unless otherwise agreed. These provisions supersede all other terms of the agreement.
TRANSFER OF LICENCE OF A PRE-REGISTERED COPY :
You may transfer the entire physical copy of the pre-registered software and accompanying documentation to another person, provided that you do not retain any copies (including archival or backup copies) of the software, the accompanying documentation or any portion or component of the software or accompanying documentation, and that the recipient agrees to the terms of this agreement. The transfer of the license of the prerecorded copy may require certain steps, as set forth in the software documentation. You may not transfer, sell, lease, license, rent or convert to a convertible virtual currency any Virtual Currency or Virtual Goods, unless otherwise stated in this agreement or prior written permission of Licensor. Special Features, including content not available without a one-time use serial number, are not transferable to another person, under any circumstances, and the Special Features may cease to function if the original installation copy of the software is removed or if the user does not have the pre-registered copy. The software is intended for private use only and may be shared within the family circle.
IN ALL CASES, it is forbidden to transfer copies of preliminary versions (commonly called "beta" or "alpha" or any non-stable version) of the software.
TECHNICAL PROTECTIONS :
This section of the licence agreement describes the access control and security measures that may be included in the Software.
These measures may include license management features, product activation, usage controls, and serial numbers to prevent unauthorised access, use and copying of the Software, unauthorised access, use and copying of the Software. Licensor reserves the right to monitor the use of the Software at any time and to monitor usage, including, but not limited to, time, date, access, or other controls, safeguards, serial numbers and/or other security devices designed to prevent access, unauthorized access, use or copying of the Software or any portion or component thereof, including any breach of this Agreement. You may not disable or circumvent these security features. To access the online services and updates, a valid license is required. Licensor may limit, suspend or terminate the license at any time if the terms of the agreement are not met.
IN ALL CASES, and always in the interest of protection and effective action, the Software can generate a unique and encrypted anonymous serial number from your machine's electronic components and your public network address (IP address).
IN SOME CASES, additional provisions, noting this Agreement, may be added specific to each version of the Software.
USER-GENERATED CONTENT :
By using this software, you authorize Licensor to use any content you create using this software, including but not limited to maps, scenarios, screenshots, text, drawings, designs, characters, objects or videos of game footage on an exclusive, perpetual, irrevocable, transferable and sublicensable basis. This includes the rights to reproduce, copy, adapt, modify, perform, This includes the rights to reproduce, copy, adapt, modify, perform, display, edit, broadcast, transmit or communicate to the general public in any manner whatsoever, whether known or unknown, and to distribute your contributions without prior notice or compensation for the full term of the protection afforded by the intellectual property rights under international laws and conventions. By using this software, you also waive all moral rights in your content, such as authorship, publication, reputation or attribution, and agree never to assert them. This license agreement is granted to the licensor, and the moral rights mentioned above will remain valid even after the termination of this agreement.
USER ACCOUNTS :
To use the Software, you may need to have a user account with an online service or with Licensor or its affiliates. You must keep these accounts active and in good standing in order for certain features of the Software to function properly. You are responsible for the use and security of your user accounts and any third party accounts you use to access the Software.
INTERNET CONNECTION :
An Internet connection is required to access the online features of the Software, its authentication or other functionality.
CONFIDENTIALITY
DATA COLLECTION AND PROTECTION :
By installing and using the software, you agree to the terms of the information collection and use described in this section and in the publisher's privacy policy, including (where applicable):
- the transfer of all your personal and other information to the publisher, its subsidiaries, suppliers and business partners, and to certain other third parties such as government authorities in France and other countries outside Europe or your home country, which may have lower privacy standards;
- publishing your data, such as identifying content you have created or posting your scores, rankings, achievements and other game data on websites and other platforms;
- sharing your game data with hardware manufacturers, platform hosts and the publisher's business partners;
- other uses and disclosures of your personal or other information as set out in the above Privacy Policy, as amended from time to time.
If you do not want your information to be used or shared in this way, you should not use the software.
In accordance with the French regulations applicable to personal data, you have the right to access, rectify and delete your personal data. This data must then be clearly attributed to your own name, if any, or any evidence linking you to this data (for the most part, we collect data anonymously, i.e., nothing is linked to your person).
In all matters relating to data privacy, including the collection, use, disclosure and transfer of your personal information and other information, the Privacy Policy available on the www.longmirestudio.com/privacy website shall prevail over any other provision of this Agreement.
GUARANTEES
LIMITED WARRANTY :
Licensor warrants that the original storage media for the Software is free from defects in materials and workmanship under normal use and service for the duration of the warranty period from the date of purchase. and maintenance during the warranty period from the date of purchase. It also warrants that the Software is compatible with a personal computer that meets the minimum requirements described in the documentation or certified by the game media producer. by the producer of the game media. However, it cannot guarantee that the Software will function optimally on your computer or gaming device due to possible changes in hardware, software, software or hardware components. hardware, software, Internet connection or individual use. Nor does it guarantee that the Software will be free of interference, will meet your expectations, operate uninterrupted or error-free, or be compatible with third party programs or hardware, or that errors in the Software will be corrected. No oral or written statement by Licensor or its authorized representatives shall constitute a warranty.
In accordance with the French Consumer Code, you have a guarantee of conformity, applicable outside the terms indicated above. UNDERSTAND that Licensor does not guarantee the proper functioning of your The Licensor does not guarantee the proper functioning of your hardware, machine or console and cannot be held responsible for the proper functioning of the Software on your configuration. If the Software does not work on your machine, despite the fact that you have the configuration listed in the documentation, you may enforce your right to a warranty of conformity, in accordance with French law.
IN ALL CASES, Licensor shall be exempt from any warranty of latent defects, in particular for paid trial products (unfinished, unstable, trial version, commonly called: "beta", "early access", "alpha"), the Software is therefore provided to you AS IS.
Some jurisdictions may not allow the exclusion or limitation of some jurisdictions may not allow the exclusion or limitation of implied warranties or certain statutory rights, so some of the above exclusions and limitations may not apply to you.
If you discover a defect in the storage medium of the Software during the warranty period, Licensor undertakes to replace free of charge any defective software manufactured by Licensor. If the software is no longer available, it reserves the right to replace it with similar software of equal or greater value. This warranty is limited to the storage medium containing the software originally supplied by Licensor and does not apply to normal wear and tear. It also does not apply if the defect is due to abuse, misuse or improper maintenance. or improper maintenance. All implied warranties prescribed by law are expressly limited to the period of the above-mentioned warranty of conformity.
Otherwise, Licensor warrants that the software will meet its objectives and will be of satisfactory quality for stable (non-"beta", or "alpha") versions of the Software. This warranty is in lieu of all other warranties, oral or written, express or implied, including any other warranty of merchantability, suitability for a particular purpose or non-infringement. No other representations or warranties are binding on Licensor. Specifically, there are no other commercial warranties or guarantees, other than the warranty of fitness.
If you are returning the software under this limited warranty, please send the original software only to the address provided, including your name and return address, a photocopy of the dated proof of purchase, and a short letter describing the defect and the system on which you are using the software.
If you receive a Software product, or the Software itself, free of charge, you may not make any warranty or claim for the Software or the Software product.
RESPONSIBILITY
By accepting the terms of the licence agreement, you agree to be liable to Licensor and all related parties for all damages, and costs that arise directly or indirectly from your actions or omissions in using the software, to the extent permitted by law.
TO THE EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION, USE OR MISUSE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF BUSINESS, FAILURE OR MALFUNCTION OF THE SOFTWARE, USE OR MISUSE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF BUSINESS, FAILURE OR MALFUNCTION OF COMPUTERS, AND TO THE EXTENT PERMITTED BY LAW, PERSONAL INJURY OR DEATH. TO THE EXTENT PERMITTED BY LAW, PERSONAL INJURY, PROPERTY DAMAGE OR LOST PROFITS OR PUNITIVE DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, LICENSOR'S LIABILITY FOR ANY SUCH DAMAGES (UNLESS REQUIRED BY APPLICABLE LAW) SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO BE LIABLE TO LICENSOR, ITS PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, FOR ALL DAMAGES, LOSSES AND EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACTS AND OMISSIONS IN USING THE SOFTWARE UNDER THE TERMS OF THE AGREEMENT. THE TERMS OF THE AGREEMENT. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION, USE OR MISUSE OF THE SOFTWARE, THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF BUSINESS, COMPUTER FAILURE OR MALFUNCTION AND AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF PROFITS OR PUNITIVE DAMAGES IN RESPECT OF ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR'S LIABILITY FOR ANY SUCH DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IF YOU ARE A RESIDENT OF A MEMBER STATE OF THE EUROPEAN UNION, WITHOUT PREJUDICE TO THE FOREGOING, LICENSOR SHALL BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU, TO THE EXTENT THAT IT IS A FORESEEABLE RESULT OF LICENSOR'S BREACH OF THIS AGREEMENT OR NEGLIGENCE, LICENSOR SHALL NOT BE LIABLE FOR ANY UNFORESEEABLE LOSS OR DAMAGE.
We have no control over the data that enters or leaves our network and other parts of the Internet, wireless networks or other third party networks. This data is dependent on the performance of the Internet and wireless services provided by third parties. There may be times when the actions or inactions of these third parties may impair or interrupt your connection to the Internet, wireless services or parts thereof. We cannot guarantee that such events will not occur. Therefore, we disclaim any liability arising from or related to the actions or inactions of third parties that interfere with or disrupt your connection to the Internet, wireless services or parts thereof or the use of the software and related services and products, to the extent required by law.
TERMINATION
This agreement is valid until terminated by you or Licensor. It will terminate automatically if Licensor ceases to operate the Software servers, if you use the Software in a fraudulent or illegal manner, or if you fail to comply with the terms of this agreement. You may terminate this agreement by requesting deleting your user account or destroying all copies of the Software in your possession. If this agreement is terminated for any reason all Virtual Currency and Virtual Goods associated with your account will also be deleted and you will no longer be able to use the Software. If this agreement is terminated for breach by you, Licensor may prohibit you from re-registering or re-accessing the Software. Upon termination, you must destroy all Upon termination, you must destroy all copies of the Software and documentation in your possession and cease all use of the Software. The rights and obligations under this agreement shall survive termination.
RECOURSE
By agreeing to the terms of this Agreement, you acknowledge that failure to comply with its terms could cause irreparable harm to Licensor. Accordingly, you agree that Licensor shall have the right, without any obligation to pay compensation or to prove damages, to equitable remedies, such as temporary or permanent injunctive relief, in addition to other available remedies, for breach of the terms of this Agreement.
TAXES AND FISCAL MATTERS
By agreeing to the terms of this agreement, you agree to bear all taxes, duties and withholdings imposed by government agencies on transactions covered by this agreement, including interest and penalties. on the transactions covered by this agreement, including interest and penalties. You shall also provide a copy of any exemption certificate to Licensor if you are entitled to do so. All costs and expenses associated with your activities under this agreement are your sole responsibility and Licensor will not reimburse you for any costs or expenses incurred in connection with this agreement. Licensor will not reimburse you for any expenses. You must also protect Licensor from all claims for reimbursement.
CONDITIONS OF USE
By accepting the terms of this agreement, you agree to the terms of use of the Software provided by Licensor, the Community Charter, the Code of Conduct as well as the Privacy Policy of the latter.
These documents form the entire agreement between you and Licensor regarding the use of the Software and related services, superseding any previous agreement, written or oral.
If there are any contradictions between this agreement and the terms of use, the terms of this agreement shall prevail.
INDIVIDUAL ARBITRATION - MUTUAL AGREEMENT
PLEASE TAKE THE TIME TO UNDERSTAND THE INFORMATION IN THIS SECTION, AS IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING THE RIGHT TO TAKE LEGAL ACTION.
AMICABLE AGREEMENT :
THIS SECTION ON AMICABLE AGREEMENT APPLIES ONLY TO RESIDENTS OF THE FRENCH TERRITORY AND ONLY IF IT DOES NOT CONTRADICT THE LAWS OF YOUR COUNTRY OF RESIDENCE. THIS SECTION ON AMICABLE AGREEMENT APPLIES ONLY TO RESIDENTS OF FRANCE AND ONLY IF IT DOES NOT CONFLICT WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE, ITS APPLICATION TAKES PRECEDENCE OVER THE INDIVIDUAL ARBITRATION IN THE NEXT SECTION.
You and the Company agree that any dispute, claim or controversy relating to any of the Company's products or services (a "Dispute") shall be settled by amicable agreement in accordance Code of Civil Procedure under French law, regardless of the amount in dispute.
This section of the agreement provides that all disputes between you and the Company relating to any of the Company's products or services will be resolved by amicable agreement and not by litigation. It also states that certain claims are not subject to this arbitration clause and that to this arbitration clause and that arbitration proceedings will be conducted on an individual basis only, i.e. it is not possible to It is also mentioned that some claims are not subject to this arbitration clause and that arbitration proceedings will only be conducted on an individual basis, i.e. it is not possible to consolidate disputes initiated by or against other individuals or companies, nor to arbitrate them as a representative of a group. Furthermore, the remedies or reparations granted by the mediator or conciliator can only benefit one person.
In any case, in the event of a dispute with the Company you must send a written notice to the Company's registered office address (indicated at the end of this document), to give the Company the opportunity to resolve the dispute through negotiation, without involving mediation or conciliation. The notification must be sent within two (2) years after the dispute arose, but in no case after the date on which legal action would have been barred by the statute of limitations. would have been barred by the statute of limitations. If you do not give such notice within the time limit, you lose the right to pursue that dispute and waive any further claims relating to the same dispute.
The Company will also send you a notice to the address it holds.
Both parties agree to negotiate in good faith for at least 30 days after receiving notice of the dispute. If the dispute is not resolved within 30 days, either you or the Company may seek amicable agreement by involving a mediator or conciliator as described in this section.
The Company will decide on the place of mediation, the mediator or the conciliation centre, in any case it cannot be outside the regions of Île-de-France and Normandy in France, and you can only request an amicable agreement in these regions.
This section of the amicable agreement shall remain valid and enforceable even after any termination of this Agreement or after the Company has ceased to provide services to the User.
The Company may update the terms and conditions of its various agreements at its discretion, except for the amoeba agreement clauses, which cannot be amended once an amoeba agreement procedure is underway. which cannot be changed once a agreement procedure is underway.
This amicable agreement clause is severable. If any part of this provision is held to be invalid, illegal or unenforceable the remainder of this provision shall remain in force. If, for any reason, a claim is handled by a court rather than an amicable agreement the dispute shall be brought exclusively before the French courts in Paris.
INDIVIDUAL ARBITRATION :
THIS SECTION ON INDIVIDUAL ARBITRATION APPLIES ONLY TO RESIDENTS OUTSIDE OF FRANCE, IT IS NOT APPLICABLE IN FRANCE AND ONLY APPLIES IF IT DOES NOT CONTRADICT THE LAWS IN FORCE IN YOUR COUNTRY OF RESIDENCE OR IF THE AMICABLE AGREEMENT IN THIS SECTION HAS NOT BEEN APPLIED.
You and the Company agree that any dispute, claim or controversy relating to any of the Company's products or services (a "Dispute") shall be settled by binding arbitration, except as set forth in the "Arbitration Exclusions" section below. This includes issues relating to the validity, enforceability or scope of this section This includes issues relating to the validity, enforceability or scope of this section of "Individual Arbitration" (with the exception of the enforceability of the class action waiver). It is important to note that there is no judge or jury in an arbitration and that the possibility of appealing an arbitration award is limited. Exceptions to arbitration include claims filed individually in small claims court and applications for injunctions to preserve the status quo during arbitration.
This section of the agreement provides that all disputes between you and the Company relating to any of the Company's products or services will be resolved by binding arbitration and not by litigation. It also states that certain claims are not subject to this arbitration clause and that to this arbitration clause and that arbitration proceedings will be conducted on an individual basis only, i.e. it is not possible to It is also mentioned that some claims are not subject to this arbitration clause and that arbitration proceedings will only be conducted on an individual basis, i.e. it is not possible to consolidate disputes initiated by or against other individuals or companies, nor to arbitrate them as a representative of a group or as a private attorney public prosecutor. Furthermore, the remedies or reparations granted by the arbitrator can only benefit one person.
If you do not want individual arbitration, you must notify the Company in writing within 30 days of accepting this agreement, unless a longer period is required by applicable law. To do so, you must send a letter to the Company's head office address (listed at the end of this document), including your full name, postal address, online credentials and a clear statement that you do not wish to not wish to resolve disputes with the Company through arbitration. It is your responsibility to ensure that the Company has received your notice, It is therefore advisable to send it by registered mail.
Procedure for the amicable agreement of disputes. In the event of a dispute with the Company you should send written notice to the Company's registered office address (listed at the end of this document), to give the Company the opportunity to resolve the dispute through negotiation. The notice must be sent within two (2) years after the dispute arose, but in no case after the date on which legal action would have been barred by the statute of limitations. would have been barred by the statute of limitations. If you do not give notice within the time limit, you lose the right to pursue the dispute.
The Company will also send you a notice to the address it holds.
Both parties agree to negotiate in good faith for at least 30 days after receiving notice of the dispute. If the dispute is not resolved within 30 days, you or the Company may request arbitration as described in this section.
The rules of procedure for arbitration are based on the applicable law and will be conducted by an authorized body selected by the Company. The costs of arbitration will be borne by the Company, unless you can prove that the costs of arbitration are prohibitive in relation to the costs of litigation. In that case, the Society will pay part of your arbitration costs. Each party will have to pay its own legal fees, unless the claim(s) allow the prevailing party to have its legal fees reimbursed, in which case the arbitrator will decide who should pay those fees under the applicable law.
Place of arbitration. If an in-person hearing is required, the Company will decide on the venue according to your proposals within the limits of geographical or geopolitical inaccessibility, in which case the Company will decide on the venue at its sole discretion.
The decision of the arbitrator shall be final and shall apply to the parties concerned. It may be used as the legal and factual basis for an award. The arbitrator may only grant the legal and financial remedies requested and considered credible by the parties. The decision or award may be enforced as a final judgment by any court of competent jurisdiction. If one of the parties does not contest the validity of the award it shall pay the costs and legal fees associated with such challenge for the other party.
This section of the Individual Arbitration Agreement shall remain valid and enforceable even after any termination of this Agreement or after the Company has ceased to provide services to the User.
The Company may update the terms and conditions of its various agreements at its discretion, except for arbitration clauses which may not be amended once arbitration proceedings are underway.
This arbitration clause is severable. If any part of this provision is held to be invalid, illegal or unenforceable the rest of this provision shall remain in force. However, if the clause prohibiting collective arbitration proceedings is found to be invalid, illegal or unenforceable, this will render the provision unenforceable, unenforceable, it will render the entire arbitration agreement null and void and the dispute will be resolved by the courts in accordance with applicable class action laws and procedures. applicable class action laws and procedures. If, for any reason, a claim is handled by a court rather than arbitration the dispute shall be brought exclusively before the French courts in Paris.
APPLICABLE LAW
This agreement shall be interpreted and governed in accordance with the laws of France and the parties hereby submit to the jurisdiction of the French courts, and waive any objection to such jurisdiction. This clause shall be construed as broadly as possible in accordance with applicable law. Any breach of this agreement shall constitute a legal or equitable defense to any claim you may have against the Company related to any product. The parties waive the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) to this agreement or to any dispute or transaction arising out of this agreement. to this agreement or to any dispute or transaction arising out of this agreement. The Company shall have the right to pursue any violation of this EULA, the Terms of Use, the Privacy Policy or any other terms and conditions relating to its software and services, for breach of contract, infringement of rights or state infringement.
ADDITIONAL PROVISIONS
If any part of the provisions of this agreement is found to be invalid or unenforceable under applicable law, that part shall be ineffective without affecting the remaining provisions of this agreement. law, that part shall be ineffective, but such invalidity shall not affect the remaining provisions of this document.
The headings, arrangement of paragraphs and headings are inserted for convenience only and shall not prejudice the interpretation of this contract. prejudice the interpretation of this Agreement. Words importing the singular number shall mean and include the plural and vice versa. Words importing the masculine gender shall mean and include the feminine and vice versa.
If any provision of this Agreement is found by a court of competent jurisdiction to be unreasonable or invalid, the provision shall be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect.
CONTACT INFORMATION
In accordance with the French Consumer Code, below are the contact details of the Licensor, manufacturer of the Software:
LONGMIRE, SARL.
LONGMIRE STUDIO
1 RUE DU CHAMP DE COURSES
76530, GRAND COURONNE
NORMANDIE, FRANCE
TELEPHONE : +33 9 53 67 21 80
ELECTRONIC ADDRESS : CONTACT _arobase_ LONGMIRE.EU
The Company markets and produces its games under Longmire Studio name.
Made at Grand-Couronne.
END OF THE DOCUMENT
LONGMIRE
LIMITED LIABILITY COMPANY WITH A SHARE CAPITAL OF EUR 5,000.00
1 RUE DU CHAMP DE COURSES, 76530 GRAND-COURONNE
SIREN : 910 729 953 - NAF : 62.01Z - APRM : 4321AB
LONGMIRE® REGISTERED TRADEMARK OF LONGMIRE SARL
END USER LICENCE AGREEMENT
28th January 2023
These terms, this limited software warranty and this license agreement (hereinafter the "Agreement") may be updated from time to time. The latest version will be posted on www.longmirestudio.com/eula (the "Website"). Your use of the Software after the posting of a revised Agreement constitutes your acceptance of its terms.
THE "SOFTWARE" INCLUDES ANY SOFTWARE INCLUDED IN THIS AGREEMENT, ONLINE SERVICES (INCLUDING ANY HOSTED SERVICES) OR ASSOCIATED DOWNLOADS (INCLUDING UPDATES), THE SOFTWARE (INCLUDING FIRMWARE), ANY ASSOCIATED DEVICES, ASSOCIATED MEDIA, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN MATERIALS, FILES, ELECTRONIC OR ONLINE MEDIA OR DOCUMENTATION, AND ALL COPIES OF SUCH SOFTWARE AND ITS MEDIA.
THE SOFTWARE IS LICENSED AND NOT SOLD TO YOU. BY OPENING, DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE AND ANY OTHER MEDIA INCLUDED THEREWITH, YOU AGREE TO THE TERMS OF THIS AGREEMENT WITH LONGMIRE, S.A.R.L. (THE "LICENSOR", "OWNER", "WE", "US" OR "OUR") AND THE PRIVACY POLICY AVAILABLE ON THE WEBSITE www.longmirestudio.com/privacy AND THE TERMS OF USE AVAILABLE ON THE WEBSITE www.longmirestudio.com/legal.
A HARD COPY OF ALL THE ABOVE MENTIONED CHARTERS AS WELL AS THIS DOCUMENT IS AVAILABLE AT THE COMPANY'S REGISTERED OFFICE, IT IS YOUR RESPONSIBILITY TO TAKE NOTE OF THIS IN ANY CASE IF YOU ARE UNABLE TO ACCESS ANY WEBSITE OR ELECTRONIC VERSION OF ANY DOCUMENT.
IN THE EVENT OF ANY DISCREPANCY BETWEEN THE FRENCH VERSION OF THIS AGREEMENT AND ANY TRANSLATION, THE FRENCH VERSION SHALL PREVAIL.
THIS USER LICENSE AGREEMENT CONTAINS AN INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE 'INDIVIDUAL ARBITRATION' SECTION THAT, IN SOME JURISDICTIONS, MAY AFFECT YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY 'DISPUTE' (AS DEFINED BELOW) BETWEEN YOU AND THE COMPANY, AND REQUIRES THAT YOU AND THE COMPANY RESOLVE ANY DISPUTE BY INDIVIDUAL ARBITRATION AND NOT IN COURT. YOU HAVE THE RIGHT TO REFUSE TO COMPLY WITH THE INDIVIDUAL ARBITRATION SECTION, AS EXPLAINED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT OPEN, DOWNLOAD, INSTALL, COPY OR USE THIS SOFTWARE.
TO CONCLUDE THIS LICENSE AGREEMENT, YOU MUST BE OF LEGAL AGE IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL OF YOUR ACTIONS WHILE USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANY PERSON YOU AUTHORIZE TO ACCESS YOUR ACCOUNT. YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF LEGAL MAJORITY, UNDERSTAND AND AGREE TO THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION PROVISIONS). IF YOU ARE UNDER THE AGE OF LEGAL MAJORITY, ONE OF YOUR PARENTS OR LEGAL GUARDIANS MUST VALIDATE THIS AGREEMENT AND BE RESPONSIBLE FOR IT.
ANY FAILURE OR DELAY ON THE PART OF THE ISSUING PARTY TO EXERCISE ANY RIGHT, POWER OR PRIVILEGE PROVIDED FOR IN THIS CONTRACT SHALL NOT CONSTITUTE A WAIVER, NOR SHALL THE PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER OR PRIVILEGE PRECLUDE THE EXERCISE OF ANY OTHER RIGHT, POWER OR PRIVILEGE UNDER THIS CONTRACT.
Subject to this Agreement and its terms and conditions, Licensor hereby grants you a non-exclusive, non-transferable, limited, non-revocable right and license to use one copy of the Software for your personal, non-commercial use on a single gaming platform, non-transferable, limited and non-revocable right and license to use one copy of the Software for your personal, non-commercial use on a single gaming platform (e.g. computer, handheld device or game console) as provided by Licensor, unless otherwise expressly stated in the Software documentation. Your license rights are subject to your acceptance of the terms of this Agreement. The terms of your license under this Agreement are effective on the date you install or use the Software and expire on the date you dispose of the Software or on the termination of this Agreement. The terms of your license under this Agreement commence on the date you install or use the Software and expire on the date the Software is disposed of or this Agreement is terminated by Licensor (see below).
LICENCE
The Software is licensed to you, not sold to you, and you hereby agree and understand that no title or ownership of the Software is transferred or assigned to you, and that this Agreement does not constitute a sale of rights in the Software. Licensor retains all right, title and interest in and to the Software, including, without limitation, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works and moral rights. The Software is protected by French copyright and trademark law and by applicable laws and treaties around the world. treaties applicable in the world. It is forbidden to copy, reproduce, alter, modify or distribute the Software in any way whatsoever or on any medium whatsoever, in whole or in part. in whole or in part, without the prior written consent of Licensor. Any person copying, reproducing or distributing the Software in in whole or in part in any manner or medium whatsoever, willfully infringes all copyright laws and may be subject to civil or criminal penalties. and may be subject to civil or criminal penalties in France or in his country.
Be aware that infringement of French copyright law is an offence of counterfeiting punishable by a fine of 300,000 euros fine and 3 years imprisonment. Where the offences have been committed in an organised gang the penalties are increased to seven years' imprisonment and a fine of 750,000 euros (Intellectual Property Code, Article L335-2).
The Software contains certain licensed materials, and Licensor's licensors may also protect their rights in the event of a breach of this Agreement. their rights in the event of a breach of this Agreement. Any rights not expressly granted by this Agreement are retained by Licensor and, if applicable, its licensors. by Licensor and, if applicable, its licensors.
CONDITIONS OF THE LICENCE
You agree not to (and not to guide or instruct any third party to) :
Use the Software for commercial purposes or any exploitation of a nature to generate an advantage or any consideration;
Distribute, rent, license, sell, transfer or otherwise dispose of the Software, or copies thereof, even partial, including virtual objects or virtual currency, without the express prior written consent of Licensor;
Make copies of the Software in whole or in part;
Make copies of the Software and make them available on a network for use or download by multiple users;
Use or install the Software on a network or simultaneously on multiple consoles (or allow others to do so), except as specified by the Software or this Agreement;
Copy the Software to a hard disk or other storage medium to circumvent the requirement to run the Software from the included CD-ROM or DVD-ROM (except for full or partial copies made by the Software itself);
Use or copy the Software in an arcade or other venue provided that Licensor can offer you a separate license agreement to make the Software available for commercial use;
Reverse engineering, decompiling, disassembling, displaying, interpreting, preparing derivative works based on, or otherwise modifying the Software in whole or in part;
Remove or alter any proprietary notices or labels placed on or in the Software;
Interfere with or prevent any other user from using and enjoying the online features of the Software;
Use the Software for betting purposes;
Cheating (including but not limited to the use of loopholes, glitch or bugs) or using bots, harvesters or other unauthorized programs in connection with the online functionality of the Software.
You agree not to violate the terms, charters, licenses or codes of conduct of the online features of the Software and the Community Standards available at rules.longmirestudio.com.
You agree not to export, re-export or transport the Software to a country that prohibits its receipt or that violates French laws and regulations.
ACCESS TO ONLINE FUNCTIONALITIES :
To access special features and/or services, including digital copies, you may need to download the Software, use a unique serial number, register the Software, subscribe to a third party service and/or a licensor service (including agreeing to the terms and policies of that service). Access to special features is limited to one user account per serial number per machine (SEE 'TECHNICAL PROTECTION' BELOW), and such access may not be transferred, sold, leased, licensed, rented, converted into a convertible virtual currency or re-registered by another user, unless otherwise agreed. These provisions supersede all other terms of the agreement.
TRANSFER OF LICENCE OF A PRE-REGISTERED COPY :
You may transfer the entire physical copy of the pre-registered software and accompanying documentation to another person, provided that you do not retain any copies (including archival or backup copies) of the software, the accompanying documentation or any portion or component of the software or accompanying documentation, and that the recipient agrees to the terms of this agreement. The transfer of the license of the prerecorded copy may require certain steps, as set forth in the software documentation. You may not transfer, sell, lease, license, rent or convert to a convertible virtual currency any Virtual Currency or Virtual Goods, unless otherwise stated in this agreement or prior written permission of Licensor. Special Features, including content not available without a one-time use serial number, are not transferable to another person, under any circumstances, and the Special Features may cease to function if the original installation copy of the software is removed or if the user does not have the pre-registered copy. The software is intended for private use only and may be shared within the family circle.
IN ALL CASES, it is forbidden to transfer copies of preliminary versions (commonly called "beta" or "alpha" or any non-stable version) of the software.
TECHNICAL PROTECTIONS :
This section of the licence agreement describes the access control and security measures that may be included in the Software.
These measures may include license management features, product activation, usage controls, and serial numbers to prevent unauthorised access, use and copying of the Software, unauthorised access, use and copying of the Software. Licensor reserves the right to monitor the use of the Software at any time and to monitor usage, including, but not limited to, time, date, access, or other controls, safeguards, serial numbers and/or other security devices designed to prevent access, unauthorized access, use or copying of the Software or any portion or component thereof, including any breach of this Agreement. You may not disable or circumvent these security features. To access the online services and updates, a valid license is required. Licensor may limit, suspend or terminate the license at any time if the terms of the agreement are not met.
IN ALL CASES, and always in the interest of protection and effective action, the Software can generate a unique and encrypted anonymous serial number from your machine's electronic components and your public network address (IP address).
IN SOME CASES, additional provisions, noting this Agreement, may be added specific to each version of the Software.
USER-GENERATED CONTENT :
By using this software, you authorize Licensor to use any content you create using this software, including but not limited to maps, scenarios, screenshots, text, drawings, designs, characters, objects or videos of game footage on an exclusive, perpetual, irrevocable, transferable and sublicensable basis. This includes the rights to reproduce, copy, adapt, modify, perform, This includes the rights to reproduce, copy, adapt, modify, perform, display, edit, broadcast, transmit or communicate to the general public in any manner whatsoever, whether known or unknown, and to distribute your contributions without prior notice or compensation for the full term of the protection afforded by the intellectual property rights under international laws and conventions. By using this software, you also waive all moral rights in your content, such as authorship, publication, reputation or attribution, and agree never to assert them. This license agreement is granted to the licensor, and the moral rights mentioned above will remain valid even after the termination of this agreement.
USER ACCOUNTS :
To use the Software, you may need to have a user account with an online service or with Licensor or its affiliates. You must keep these accounts active and in good standing in order for certain features of the Software to function properly. You are responsible for the use and security of your user accounts and any third party accounts you use to access the Software.
INTERNET CONNECTION :
An Internet connection is required to access the online features of the Software, its authentication or other functionality.
CONFIDENTIALITY
DATA COLLECTION AND PROTECTION :
By installing and using the software, you agree to the terms of the information collection and use described in this section and in the publisher's privacy policy, including (where applicable):
- the transfer of all your personal and other information to the publisher, its subsidiaries, suppliers and business partners, and to certain other third parties such as government authorities in France and other countries outside Europe or your home country, which may have lower privacy standards;
- publishing your data, such as identifying content you have created or posting your scores, rankings, achievements and other game data on websites and other platforms;
- sharing your game data with hardware manufacturers, platform hosts and the publisher's business partners;
- other uses and disclosures of your personal or other information as set out in the above Privacy Policy, as amended from time to time.
If you do not want your information to be used or shared in this way, you should not use the software.
In accordance with the French regulations applicable to personal data, you have the right to access, rectify and delete your personal data. This data must then be clearly attributed to your own name, if any, or any evidence linking you to this data (for the most part, we collect data anonymously, i.e., nothing is linked to your person).
In all matters relating to data privacy, including the collection, use, disclosure and transfer of your personal information and other information, the Privacy Policy available on the www.longmirestudio.com/privacy website shall prevail over any other provision of this Agreement.
GUARANTEES
LIMITED WARRANTY :
Licensor warrants that the original storage media for the Software is free from defects in materials and workmanship under normal use and service for the duration of the warranty period from the date of purchase. and maintenance during the warranty period from the date of purchase. It also warrants that the Software is compatible with a personal computer that meets the minimum requirements described in the documentation or certified by the game media producer. by the producer of the game media. However, it cannot guarantee that the Software will function optimally on your computer or gaming device due to possible changes in hardware, software, software or hardware components. hardware, software, Internet connection or individual use. Nor does it guarantee that the Software will be free of interference, will meet your expectations, operate uninterrupted or error-free, or be compatible with third party programs or hardware, or that errors in the Software will be corrected. No oral or written statement by Licensor or its authorized representatives shall constitute a warranty.
In accordance with the French Consumer Code, you have a guarantee of conformity, applicable outside the terms indicated above. UNDERSTAND that Licensor does not guarantee the proper functioning of your The Licensor does not guarantee the proper functioning of your hardware, machine or console and cannot be held responsible for the proper functioning of the Software on your configuration. If the Software does not work on your machine, despite the fact that you have the configuration listed in the documentation, you may enforce your right to a warranty of conformity, in accordance with French law.
IN ALL CASES, Licensor shall be exempt from any warranty of latent defects, in particular for paid trial products (unfinished, unstable, trial version, commonly called: "beta", "early access", "alpha"), the Software is therefore provided to you AS IS.
Some jurisdictions may not allow the exclusion or limitation of some jurisdictions may not allow the exclusion or limitation of implied warranties or certain statutory rights, so some of the above exclusions and limitations may not apply to you.
If you discover a defect in the storage medium of the Software during the warranty period, Licensor undertakes to replace free of charge any defective software manufactured by Licensor. If the software is no longer available, it reserves the right to replace it with similar software of equal or greater value. This warranty is limited to the storage medium containing the software originally supplied by Licensor and does not apply to normal wear and tear. It also does not apply if the defect is due to abuse, misuse or improper maintenance. or improper maintenance. All implied warranties prescribed by law are expressly limited to the period of the above-mentioned warranty of conformity.
Otherwise, Licensor warrants that the software will meet its objectives and will be of satisfactory quality for stable (non-"beta", or "alpha") versions of the Software. This warranty is in lieu of all other warranties, oral or written, express or implied, including any other warranty of merchantability, suitability for a particular purpose or non-infringement. No other representations or warranties are binding on Licensor. Specifically, there are no other commercial warranties or guarantees, other than the warranty of fitness.
If you are returning the software under this limited warranty, please send the original software only to the address provided, including your name and return address, a photocopy of the dated proof of purchase, and a short letter describing the defect and the system on which you are using the software.
If you receive a Software product, or the Software itself, free of charge, you may not make any warranty or claim for the Software or the Software product.
RESPONSIBILITY
By accepting the terms of the licence agreement, you agree to be liable to Licensor and all related parties for all damages, and costs that arise directly or indirectly from your actions or omissions in using the software, to the extent permitted by law.
TO THE EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION, USE OR MISUSE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF BUSINESS, FAILURE OR MALFUNCTION OF THE SOFTWARE, USE OR MISUSE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF BUSINESS, FAILURE OR MALFUNCTION OF COMPUTERS, AND TO THE EXTENT PERMITTED BY LAW, PERSONAL INJURY OR DEATH. TO THE EXTENT PERMITTED BY LAW, PERSONAL INJURY, PROPERTY DAMAGE OR LOST PROFITS OR PUNITIVE DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, LICENSOR'S LIABILITY FOR ANY SUCH DAMAGES (UNLESS REQUIRED BY APPLICABLE LAW) SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO BE LIABLE TO LICENSOR, ITS PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, FOR ALL DAMAGES, LOSSES AND EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACTS AND OMISSIONS IN USING THE SOFTWARE UNDER THE TERMS OF THE AGREEMENT. THE TERMS OF THE AGREEMENT. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION, USE OR MISUSE OF THE SOFTWARE, THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF BUSINESS, COMPUTER FAILURE OR MALFUNCTION AND AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF PROFITS OR PUNITIVE DAMAGES IN RESPECT OF ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR'S LIABILITY FOR ANY SUCH DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IF YOU ARE A RESIDENT OF A MEMBER STATE OF THE EUROPEAN UNION, WITHOUT PREJUDICE TO THE FOREGOING, LICENSOR SHALL BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU, TO THE EXTENT THAT IT IS A FORESEEABLE RESULT OF LICENSOR'S BREACH OF THIS AGREEMENT OR NEGLIGENCE, LICENSOR SHALL NOT BE LIABLE FOR ANY UNFORESEEABLE LOSS OR DAMAGE.
We have no control over the data that enters or leaves our network and other parts of the Internet, wireless networks or other third party networks. This data is dependent on the performance of the Internet and wireless services provided by third parties. There may be times when the actions or inactions of these third parties may impair or interrupt your connection to the Internet, wireless services or parts thereof. We cannot guarantee that such events will not occur. Therefore, we disclaim any liability arising from or related to the actions or inactions of third parties that interfere with or disrupt your connection to the Internet, wireless services or parts thereof or the use of the software and related services and products, to the extent required by law.
TERMINATION
This agreement is valid until terminated by you or Licensor. It will terminate automatically if Licensor ceases to operate the Software servers, if you use the Software in a fraudulent or illegal manner, or if you fail to comply with the terms of this agreement. You may terminate this agreement by requesting deleting your user account or destroying all copies of the Software in your possession. If this agreement is terminated for any reason all Virtual Currency and Virtual Goods associated with your account will also be deleted and you will no longer be able to use the Software. If this agreement is terminated for breach by you, Licensor may prohibit you from re-registering or re-accessing the Software. Upon termination, you must destroy all Upon termination, you must destroy all copies of the Software and documentation in your possession and cease all use of the Software. The rights and obligations under this agreement shall survive termination.
RECOURSE
By agreeing to the terms of this Agreement, you acknowledge that failure to comply with its terms could cause irreparable harm to Licensor. Accordingly, you agree that Licensor shall have the right, without any obligation to pay compensation or to prove damages, to equitable remedies, such as temporary or permanent injunctive relief, in addition to other available remedies, for breach of the terms of this Agreement.
TAXES AND FISCAL MATTERS
By agreeing to the terms of this agreement, you agree to bear all taxes, duties and withholdings imposed by government agencies on transactions covered by this agreement, including interest and penalties. on the transactions covered by this agreement, including interest and penalties. You shall also provide a copy of any exemption certificate to Licensor if you are entitled to do so. All costs and expenses associated with your activities under this agreement are your sole responsibility and Licensor will not reimburse you for any costs or expenses incurred in connection with this agreement. Licensor will not reimburse you for any expenses. You must also protect Licensor from all claims for reimbursement.
CONDITIONS OF USE
By accepting the terms of this agreement, you agree to the terms of use of the Software provided by Licensor, the Community Charter, the Code of Conduct as well as the Privacy Policy of the latter.
These documents form the entire agreement between you and Licensor regarding the use of the Software and related services, superseding any previous agreement, written or oral.
If there are any contradictions between this agreement and the terms of use, the terms of this agreement shall prevail.
INDIVIDUAL ARBITRATION - MUTUAL AGREEMENT
PLEASE TAKE THE TIME TO UNDERSTAND THE INFORMATION IN THIS SECTION, AS IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING THE RIGHT TO TAKE LEGAL ACTION.
AMICABLE AGREEMENT :
THIS SECTION ON AMICABLE AGREEMENT APPLIES ONLY TO RESIDENTS OF THE FRENCH TERRITORY AND ONLY IF IT DOES NOT CONTRADICT THE LAWS OF YOUR COUNTRY OF RESIDENCE. THIS SECTION ON AMICABLE AGREEMENT APPLIES ONLY TO RESIDENTS OF FRANCE AND ONLY IF IT DOES NOT CONFLICT WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE, ITS APPLICATION TAKES PRECEDENCE OVER THE INDIVIDUAL ARBITRATION IN THE NEXT SECTION.
You and the Company agree that any dispute, claim or controversy relating to any of the Company's products or services (a "Dispute") shall be settled by amicable agreement in accordance Code of Civil Procedure under French law, regardless of the amount in dispute.
This section of the agreement provides that all disputes between you and the Company relating to any of the Company's products or services will be resolved by amicable agreement and not by litigation. It also states that certain claims are not subject to this arbitration clause and that to this arbitration clause and that arbitration proceedings will be conducted on an individual basis only, i.e. it is not possible to It is also mentioned that some claims are not subject to this arbitration clause and that arbitration proceedings will only be conducted on an individual basis, i.e. it is not possible to consolidate disputes initiated by or against other individuals or companies, nor to arbitrate them as a representative of a group. Furthermore, the remedies or reparations granted by the mediator or conciliator can only benefit one person.
In any case, in the event of a dispute with the Company you must send a written notice to the Company's registered office address (indicated at the end of this document), to give the Company the opportunity to resolve the dispute through negotiation, without involving mediation or conciliation. The notification must be sent within two (2) years after the dispute arose, but in no case after the date on which legal action would have been barred by the statute of limitations. would have been barred by the statute of limitations. If you do not give such notice within the time limit, you lose the right to pursue that dispute and waive any further claims relating to the same dispute.
The Company will also send you a notice to the address it holds.
Both parties agree to negotiate in good faith for at least 30 days after receiving notice of the dispute. If the dispute is not resolved within 30 days, either you or the Company may seek amicable agreement by involving a mediator or conciliator as described in this section.
The Company will decide on the place of mediation, the mediator or the conciliation centre, in any case it cannot be outside the regions of Île-de-France and Normandy in France, and you can only request an amicable agreement in these regions.
This section of the amicable agreement shall remain valid and enforceable even after any termination of this Agreement or after the Company has ceased to provide services to the User.
The Company may update the terms and conditions of its various agreements at its discretion, except for the amoeba agreement clauses, which cannot be amended once an amoeba agreement procedure is underway. which cannot be changed once a agreement procedure is underway.
This amicable agreement clause is severable. If any part of this provision is held to be invalid, illegal or unenforceable the remainder of this provision shall remain in force. If, for any reason, a claim is handled by a court rather than an amicable agreement the dispute shall be brought exclusively before the French courts in Paris.
INDIVIDUAL ARBITRATION :
THIS SECTION ON INDIVIDUAL ARBITRATION APPLIES ONLY TO RESIDENTS OUTSIDE OF FRANCE, IT IS NOT APPLICABLE IN FRANCE AND ONLY APPLIES IF IT DOES NOT CONTRADICT THE LAWS IN FORCE IN YOUR COUNTRY OF RESIDENCE OR IF THE AMICABLE AGREEMENT IN THIS SECTION HAS NOT BEEN APPLIED.
You and the Company agree that any dispute, claim or controversy relating to any of the Company's products or services (a "Dispute") shall be settled by binding arbitration, except as set forth in the "Arbitration Exclusions" section below. This includes issues relating to the validity, enforceability or scope of this section This includes issues relating to the validity, enforceability or scope of this section of "Individual Arbitration" (with the exception of the enforceability of the class action waiver). It is important to note that there is no judge or jury in an arbitration and that the possibility of appealing an arbitration award is limited. Exceptions to arbitration include claims filed individually in small claims court and applications for injunctions to preserve the status quo during arbitration.
This section of the agreement provides that all disputes between you and the Company relating to any of the Company's products or services will be resolved by binding arbitration and not by litigation. It also states that certain claims are not subject to this arbitration clause and that to this arbitration clause and that arbitration proceedings will be conducted on an individual basis only, i.e. it is not possible to It is also mentioned that some claims are not subject to this arbitration clause and that arbitration proceedings will only be conducted on an individual basis, i.e. it is not possible to consolidate disputes initiated by or against other individuals or companies, nor to arbitrate them as a representative of a group or as a private attorney public prosecutor. Furthermore, the remedies or reparations granted by the arbitrator can only benefit one person.
If you do not want individual arbitration, you must notify the Company in writing within 30 days of accepting this agreement, unless a longer period is required by applicable law. To do so, you must send a letter to the Company's head office address (listed at the end of this document), including your full name, postal address, online credentials and a clear statement that you do not wish to not wish to resolve disputes with the Company through arbitration. It is your responsibility to ensure that the Company has received your notice, It is therefore advisable to send it by registered mail.
Procedure for the amicable agreement of disputes. In the event of a dispute with the Company you should send written notice to the Company's registered office address (listed at the end of this document), to give the Company the opportunity to resolve the dispute through negotiation. The notice must be sent within two (2) years after the dispute arose, but in no case after the date on which legal action would have been barred by the statute of limitations. would have been barred by the statute of limitations. If you do not give notice within the time limit, you lose the right to pursue the dispute.
The Company will also send you a notice to the address it holds.
Both parties agree to negotiate in good faith for at least 30 days after receiving notice of the dispute. If the dispute is not resolved within 30 days, you or the Company may request arbitration as described in this section.
The rules of procedure for arbitration are based on the applicable law and will be conducted by an authorized body selected by the Company. The costs of arbitration will be borne by the Company, unless you can prove that the costs of arbitration are prohibitive in relation to the costs of litigation. In that case, the Society will pay part of your arbitration costs. Each party will have to pay its own legal fees, unless the claim(s) allow the prevailing party to have its legal fees reimbursed, in which case the arbitrator will decide who should pay those fees under the applicable law.
Place of arbitration. If an in-person hearing is required, the Company will decide on the venue according to your proposals within the limits of geographical or geopolitical inaccessibility, in which case the Company will decide on the venue at its sole discretion.
The decision of the arbitrator shall be final and shall apply to the parties concerned. It may be used as the legal and factual basis for an award. The arbitrator may only grant the legal and financial remedies requested and considered credible by the parties. The decision or award may be enforced as a final judgment by any court of competent jurisdiction. If one of the parties does not contest the validity of the award it shall pay the costs and legal fees associated with such challenge for the other party.
This section of the Individual Arbitration Agreement shall remain valid and enforceable even after any termination of this Agreement or after the Company has ceased to provide services to the User.
The Company may update the terms and conditions of its various agreements at its discretion, except for arbitration clauses which may not be amended once arbitration proceedings are underway.
This arbitration clause is severable. If any part of this provision is held to be invalid, illegal or unenforceable the rest of this provision shall remain in force. However, if the clause prohibiting collective arbitration proceedings is found to be invalid, illegal or unenforceable, this will render the provision unenforceable, unenforceable, it will render the entire arbitration agreement null and void and the dispute will be resolved by the courts in accordance with applicable class action laws and procedures. applicable class action laws and procedures. If, for any reason, a claim is handled by a court rather than arbitration the dispute shall be brought exclusively before the French courts in Paris.
APPLICABLE LAW
This agreement shall be interpreted and governed in accordance with the laws of France and the parties hereby submit to the jurisdiction of the French courts, and waive any objection to such jurisdiction. This clause shall be construed as broadly as possible in accordance with applicable law. Any breach of this agreement shall constitute a legal or equitable defense to any claim you may have against the Company related to any product. The parties waive the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) to this agreement or to any dispute or transaction arising out of this agreement. to this agreement or to any dispute or transaction arising out of this agreement. The Company shall have the right to pursue any violation of this EULA, the Terms of Use, the Privacy Policy or any other terms and conditions relating to its software and services, for breach of contract, infringement of rights or state infringement.
ADDITIONAL PROVISIONS
If any part of the provisions of this agreement is found to be invalid or unenforceable under applicable law, that part shall be ineffective without affecting the remaining provisions of this agreement. law, that part shall be ineffective, but such invalidity shall not affect the remaining provisions of this document.
The headings, arrangement of paragraphs and headings are inserted for convenience only and shall not prejudice the interpretation of this contract. prejudice the interpretation of this Agreement. Words importing the singular number shall mean and include the plural and vice versa. Words importing the masculine gender shall mean and include the feminine and vice versa.
If any provision of this Agreement is found by a court of competent jurisdiction to be unreasonable or invalid, the provision shall be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect.
CONTACT INFORMATION
In accordance with the French Consumer Code, below are the contact details of the Licensor, manufacturer of the Software:
LONGMIRE, SARL.
LONGMIRE STUDIO
1 RUE DU CHAMP DE COURSES
76530, GRAND COURONNE
NORMANDIE, FRANCE
TELEPHONE : +33 9 53 67 21 80
ELECTRONIC ADDRESS : CONTACT _arobase_ LONGMIRE.EU
The Company markets and produces its games under Longmire Studio name.
Made at Grand-Couronne.
END OF THE DOCUMENT
LONGMIRE
LIMITED LIABILITY COMPANY WITH A SHARE CAPITAL OF EUR 5,000.00
1 RUE DU CHAMP DE COURSES, 76530 GRAND-COURONNE
SIREN : 910 729 953 - NAF : 62.01Z - APRM : 4321AB
LONGMIRE® REGISTERED TRADEMARK OF LONGMIRE SARL