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END USER LICENSE AGREEMENT
(EULA - also known as End User License Agreement)
This End User License Agreement (the "License") is an agreement between you and Just For Games.
This License governs your use of the video game you have purchased, which includes the computer software and the software program, all related documents and materials, all associated elements (including but not limited to titles, characters, character names, images, photographs, animations, videos, special effects, text, catchphrases, dialogue, storyline, audio, locations, settings, objects, themes, etc.), as well as any updates that supplement or replace the original software and are not distributed with a separate license (collectively, the "Software").
BEFORE INSTALLING THE SOFTWARE, PLEASE READ THIS LICENSE AGREEMENT CAREFULLY.
YOU MUST ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE TO INSTALL AND USE THE SOFTWARE. If you do not agree, any installation, use or copying of the Software is strictly prohibited. In this case, please return the Software in its packaging to the seller for a refund, which may be full, partial or refused - without prejudice to your statutory rights - if the Software and/or its packaging have been damaged.
INSTALLATION OF THE SOFTWARE CONSTITUTES FULL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
COPYRIGHT
The copyright and related rights associated with the Software are the property of Just For Games and/or its licensors (hereinafter referred to as "Just For Games").
The Software is protected by the legislation and the international treaties relating to the royalties and similar rights and to the intellectual property rights as well as by all the applicable national legislations. This Software must therefore be treated as any item protected by intellectual property rights.
IT IS NOT SOLD TO YOU, BUT ITS USE IS LICENSED TO YOU UNDER THIS AGREEMENT.
GRANT OF LICENSE
Just For Games GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-INCIDENTAL LICENSE TO INSTALL AND USE THE SOFTWARE ON A SINGLE HARDWARE DRIVE, FOR STRICTLY PRIVATE, NON-COMMERCIAL PURPOSE, AND IN ACCORDANCE WITH THE RESTRICTIONS AND LIMITATIONS set forth in the paragraph below. Your right to use the Software is conditioned upon your compliance with the terms and conditions of this License.
Just For Games retains full right, title and interest in the Software and all associated copyrights, trademarks and other intellectual property rights. You are not granted any right to use the materials associated with the Software other than for the normal use of the Software in which such materials are included and in accordance with the terms of the License.
All rights not expressly granted to you under the License are reserved by Just For Games.
If you purchase the rights to the Software through a digital distribution system (i.e., by downloading the Software from an authorized site), you may download the number of copies permitted by the digital rights management system of the Software from an authorized source during the time period(s) specified at the time of purchase. This practice is also governed by the terms of this Agreement and subject to the same conditions.
Your License becomes effective on the date you install or otherwise use the Software and will terminate on the earlier of the date you dispose of the Software or the date Just For Games terminates the License, or if you fail to comply with any term of the License.
PERMITTED USE AND RESTRICTIONS
You are authorized to:
- install and use the Software on a single computer and monitor controlled by you at a time and in accordance with the specifications provided for private use only;
- transfer the Software from one computer to another, provided that it is used on only one computer at a time and the computer on which it is used is controlled by you at the time of use;
- make ONE COPY of the Software for BACKUP purposes ONLY, provided that such copy shall be kept on only one computer at a time and shall contain all copyright, intellectual property and other proprietary information contained in the original Software.
- transfer the Software (and this EULA) to another person, provided that the other person agrees to all of the terms and conditions of use and you simultaneously transfer to that person any authorized copies of the Software you may have made or destroy any copies not transferred. If the transferee does not agree to all of the terms and conditions of the License, it will automatically terminate.
You may NOT (but are not limited to):
- install the Software on a computer or other system that provides electronic access to the Software to more than ONE user; or upload the Software to a network server for the purpose of distributing it to one or more computer user(s) on that network or obtaining such distribution; or make a copy of the Software available via a network from which it could be downloaded by multiple users;
- sell, rent, lease, sublet, loan, license, transfer to a third party in any manner whatsoever; or exploit the Software for profit; or copy, adapt, modify, merge, translate the object code into source code, reverse engineer, decompile, disassemble, alter; or use, reproduce, or distribute the Software, in whole or in part, in any manner whatsoever; or remove, alter, or obscure any identification of the Software, any copyright notice, or any other intellectual property notice embedded in the Software; or create derivative works of the Software, in whole or in part; except as expressly permitted by this EULA and except in circumstances where expressly permitted by applicable law.
ASSIGNMENT
You may make a full and final assignment of all of your rights to use the Software to another person or entity provided that (i) the digital rights management system used by your Software accepts such assignments, (ii) you also assign the License and all copies of the Software, (iii) you do not retain any copies of the Software, upgrades, updates, or earlier versions, and (iv) the assignee agrees to all of the terms and conditions of the License.
You may not assign the right to receive updates, dynamic content or the right to use any of the online services related to the Software.
CONSENT TO USE AND PUBLIC DISPLAY OF DATA
To facilitate the provision of updates to the Software, any dynamic content, Software support services, online game services or otherwise, you agree that Just For Games may collect, compile, store, maintain, use and transmit technical and related information that identifies your computer (including an Internet Protocol (IP) address), operating system, software application and peripheral equipment, and use such information in the aggregate, in a form that does not personally identify you, to improve the products and services; and ANONYMOUS aggregate data may be shared with our external service providers.
The Software has features that allow for the collection and tracking of information about your use of the Software (including if you participate in online services such as multi-player games). You acknowledge that you are aware that Just For Games reserves the right to collect, compile, store, save and use this information in the course of its business activities and to analyze, transmit and publicly display all or part of your data (online registration data, statistics, scores, rankings, performance, etc.).
Just For Games commits itself not to reveal to other third parties these data concerning you.
TERMINATION
The License shall be and remain in force until terminated.
IF YOU FAIL TO PERFORM ANY OF THE OBLIGATIONS OR BREACH ANY OF THE PROVISIONS OF THE LICENSE, THIS LICENSE WILL BE IMMEDIATELY, AUTOMATICALLY AND IRREVOCABLY TERMINATED AND YOUR RIGHTS TO USE THE SOFTWARE WILL BE TERMINATED, without prior notice from Just For Games and without affecting your other rights.
UPON TERMINATION, YOU ARE REQUIRED TO CEASE ALL USE OF THE SOFTWARE and destroy all copies in your possession or control and any items of the Software that may have been loaded onto the hard drive of the computer under your control.
All provisions of the License regarding disclaimers of warranties, limitations of liability, remedies or damages, and proprietary rights of Just For Games will survive termination or expiration of the License, regardless of cause. Termination does not limit any other rights or remedies that Just For Games may have by law.
LIMITATION OF WARRANTY ON THE SOFTWARE
THE SOFTWARE PROGRAM IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOU USE IT AT YOUR SOLE RISK. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU.
Just For Games MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE (IF ANY).
Just For Games MAKES NO WARRANTY WITH RESPECT TO THE PLAYABILITY OF THE SOFTWARE AND MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE WITHOUT INTERRUPTION, THAT IT WILL BE ERROR-FREE, THAT IT WILL BE COMPATIBLE WITH THIRD-PARTY SOFTWARE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Furthermore, Just For Games MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE USE OR RESULTS OF THE USE OF THE SOFTWARE AND THEIR ACCURACY, ACCURACY, RELIABILITY OR OTHER CHARACTERISTICS. NO NOTICE, INFORMATION OR ADVICE GIVEN ORALLY OR IN WRITING BY Just For Games OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CONSTITUTE OR CREATE A WARRANTY OR IN ANY WAY EXTEND THE SCOPE OF THIS WARRANTY.
YOU (AND NOT Just For Games) WILL BE FULLY RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE TROUBLE, REPAIR OR CORRECTION OF DEFECTS CAUSED BY ANY FAILURE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, OR LIMITATIONS ON STATUTORY CONSUMER RIGHTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF WARRANTIES AND ALLOWS YOU TO RETURN THE DEFECTIVE PRODUCT, YOU MAY RETURN IT TO Just For Games UNDER THE CONDITIONS SET FORTH IN THE PARAGRAPH "90-DAY LIMITED WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Just For Games BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES), ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. ) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, OR ANY ERROR OR DEFECTION IN THE SOFTWARE WHETHER DUE TO NEGLIGENCE OR ANY OTHER CAUSE NOT PROVIDED FOR IN THE LICENCE, EVEN IF Just For Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DEATH, CERTAIN PERSONAL INJURIES, FRAUD, INTENTIONAL ACTS OR NEGLIGENCE, OR VIOLATIONS OF SPECIFIC LAWS, OR DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IN NO EVENT SHALL Just For Games' MAXIMUM TOTAL LIABILITY TO YOU FOR ANY DAMAGES EXCEED (EXCEPT AS REQUIRED BY APPLICABLE LAW) THE AMOUNT YOU PAID TO PURCHASE THIS SOFTWARE. You agree to load and use the Software at your own risk and this agreement releases Just For Games from any liability to you (except for death or personal injury that occurs as a result of Just For Games' negligence).
THE WARRANTY AND LIABILITY DISCLAIMERS ARE ESSENTIAL TERMS OF THE LICENSE.
90 DAY LIMITED WARRANTY
In any jurisdiction that does not allow the exclusion of warranties and allows you to return defective Software, Just For Games warrants to the original purchaser that the PHYSICAL CARRIER (on which the software programs were recorded, usually a disk) will not fail in materials or workmanship and generally warrants it to be free from defects in workmanship under normal use for a period of ninety (90) days from date of purchase. Just For Games' entire liability under this limited warranty shall be, at its sole option, to refund the purchase price or to repair or replace the defective disc free of charge.
To obtain this warranty, you must return the original physical media in its original condition and packaging to the place of purchase or to Just For Games at the address specified below, along with a dated proof of purchase, a description of the defect, and contact information for the return of the replacement or refund. Just For Games will pay for the cost of shipping your replacement Software or refund.
Just For Games
Customer Support
9-11 avenue michelet
93400 Saint-Ouen
France
Any replacement Software will be covered for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Disks returned without an invoice or after expiration of the warranty may be, at Just For Games' option, either repaired or replaced at the customer's expense after prior acceptance of an estimate.
The limited warranty of the paragraph above is void and will not be applied if the media has been subject to misuse, negligence, accident, damage, abuse or excessive wear and tear or if it has been modified after its acquisition and more generally if the product has been used in conditions not in conformity with those authorized by the License. The warranty is also excluded if the serial number of the product has been erased or altered.
OWNERSHIP
YOU ARE ONLY THE OWNER OF THE SUPPORT ON WHICH THE SOFTWARE IS RECORDED. Just For Games RETAINS AT ALL TIMES OWNERSHIP OF THE SOFTWARE AS RECORDED ON THE MEDIA AND OF ALL COPIES OF THE SOFTWARE, IN ANY FORM WHATSOEVER.
EXPORT
If you purchased this software in the United States, you may not export or re-export it except as permitted by United States laws and regulations.
You agree to comply with U.S. and other applicable export control laws and not to transfer the Software to any foreign national or destination prohibited by such laws without first obtaining and complying with any required administrative approvals. In addition, you certify that you are not a person with whom Just For Games is prohibited from engaging in commercial transactions under applicable law.
APPLICABLE LAW
To the extent set forth in the paragraph below, this License and any claim or demand relating thereto of any nature whatsoever shall be governed by and construed in accordance with the laws of FRANCE, except that if the laws of a particular jurisdiction relating to dealings with customers require that this License be governed by and construed in accordance with the laws of that jurisdiction in order to be effective and enforceable, then the laws of that jurisdiction shall apply, to the extent provided.
If you purchased this Software in the United States, this License and any claim or demand relating thereto, of whatever nature, shall be governed by and construed in accordance with the laws of the State of California, USA.
AUTONOMY AND ENFORCEMENT OF PROVISIONS: If any provision of this License is found to be illegal or unenforceable under applicable law, the remainder of that provision shall be modified to conform as nearly as possible to the intent of the original provision, with all other provisions remaining in full force and effect.
INJUNCTION REMEDIES: You agree that a breach of the License may cause Just For Games irreparable harm that cannot be adequately compensated by damages. Just For Games will then be entitled to equitable relief in addition to any remedies it may have under the License or at law.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to the License or to any dispute or transaction arising out of the License.
ENTIRE AGREEMENT
The License constitutes the entire agreement between you and Just For Games with respect to the Software and supersedes any prior or existing agreement relating to the Software.
No amendment or modification of the License will be binding unless it is in writing and signed by Just For Games.
Any practice that deviates from the provisions of the License shall not constitute a waiver by Just For Games of its right to enforce the provisions of the License. Similarly, no single or partial exercise of any right or ability under this License shall impair any other right under this License. In the event of any conflict between this License and any terms and conditions of purchase, the terms of this License shall govern.
MISCELLANEOUS
ONLINE: Just For Games MAKES NO COMMITMENT TO THE FUTURE AVAILABILITY OF THE ONLINE GAME AND MAY CHANGE OR TERMINATE THE ONLINE SERVICES WITHOUT NOTICE OR LIABILITY AT ANY TIME AND AT ITS ENTIRE DISCRETION.
If there is an online version of this game and you use it, please do not disclose any personally identifiable information (such as in a chat room).
You acknowledge that Just For Games is not responsible for any breach of this Agreement by you or any other player.
During a game session, you agree to be respectful of other players and to never behave in a way that is abusive or offensive to them (including but not limited to using language, choosing names or creating any other content that is pornographic, obscene, or racist, defamatory or religiously or ethnically offensive content), disrupt the game experience, commit fraud or violate any law, including, but not limited to, laws relating to copyright, trademark, defamation, invasion of privacy and impersonation.
(EULA - also known as End User License Agreement)
This End User License Agreement (the "License") is an agreement between you and Just For Games.
This License governs your use of the video game you have purchased, which includes the computer software and the software program, all related documents and materials, all associated elements (including but not limited to titles, characters, character names, images, photographs, animations, videos, special effects, text, catchphrases, dialogue, storyline, audio, locations, settings, objects, themes, etc.), as well as any updates that supplement or replace the original software and are not distributed with a separate license (collectively, the "Software").
BEFORE INSTALLING THE SOFTWARE, PLEASE READ THIS LICENSE AGREEMENT CAREFULLY.
YOU MUST ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE TO INSTALL AND USE THE SOFTWARE. If you do not agree, any installation, use or copying of the Software is strictly prohibited. In this case, please return the Software in its packaging to the seller for a refund, which may be full, partial or refused - without prejudice to your statutory rights - if the Software and/or its packaging have been damaged.
INSTALLATION OF THE SOFTWARE CONSTITUTES FULL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
COPYRIGHT
The copyright and related rights associated with the Software are the property of Just For Games and/or its licensors (hereinafter referred to as "Just For Games").
The Software is protected by the legislation and the international treaties relating to the royalties and similar rights and to the intellectual property rights as well as by all the applicable national legislations. This Software must therefore be treated as any item protected by intellectual property rights.
IT IS NOT SOLD TO YOU, BUT ITS USE IS LICENSED TO YOU UNDER THIS AGREEMENT.
GRANT OF LICENSE
Just For Games GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-INCIDENTAL LICENSE TO INSTALL AND USE THE SOFTWARE ON A SINGLE HARDWARE DRIVE, FOR STRICTLY PRIVATE, NON-COMMERCIAL PURPOSE, AND IN ACCORDANCE WITH THE RESTRICTIONS AND LIMITATIONS set forth in the paragraph below. Your right to use the Software is conditioned upon your compliance with the terms and conditions of this License.
Just For Games retains full right, title and interest in the Software and all associated copyrights, trademarks and other intellectual property rights. You are not granted any right to use the materials associated with the Software other than for the normal use of the Software in which such materials are included and in accordance with the terms of the License.
All rights not expressly granted to you under the License are reserved by Just For Games.
If you purchase the rights to the Software through a digital distribution system (i.e., by downloading the Software from an authorized site), you may download the number of copies permitted by the digital rights management system of the Software from an authorized source during the time period(s) specified at the time of purchase. This practice is also governed by the terms of this Agreement and subject to the same conditions.
Your License becomes effective on the date you install or otherwise use the Software and will terminate on the earlier of the date you dispose of the Software or the date Just For Games terminates the License, or if you fail to comply with any term of the License.
PERMITTED USE AND RESTRICTIONS
You are authorized to:
- install and use the Software on a single computer and monitor controlled by you at a time and in accordance with the specifications provided for private use only;
- transfer the Software from one computer to another, provided that it is used on only one computer at a time and the computer on which it is used is controlled by you at the time of use;
- make ONE COPY of the Software for BACKUP purposes ONLY, provided that such copy shall be kept on only one computer at a time and shall contain all copyright, intellectual property and other proprietary information contained in the original Software.
- transfer the Software (and this EULA) to another person, provided that the other person agrees to all of the terms and conditions of use and you simultaneously transfer to that person any authorized copies of the Software you may have made or destroy any copies not transferred. If the transferee does not agree to all of the terms and conditions of the License, it will automatically terminate.
You may NOT (but are not limited to):
- install the Software on a computer or other system that provides electronic access to the Software to more than ONE user; or upload the Software to a network server for the purpose of distributing it to one or more computer user(s) on that network or obtaining such distribution; or make a copy of the Software available via a network from which it could be downloaded by multiple users;
- sell, rent, lease, sublet, loan, license, transfer to a third party in any manner whatsoever; or exploit the Software for profit; or copy, adapt, modify, merge, translate the object code into source code, reverse engineer, decompile, disassemble, alter; or use, reproduce, or distribute the Software, in whole or in part, in any manner whatsoever; or remove, alter, or obscure any identification of the Software, any copyright notice, or any other intellectual property notice embedded in the Software; or create derivative works of the Software, in whole or in part; except as expressly permitted by this EULA and except in circumstances where expressly permitted by applicable law.
ASSIGNMENT
You may make a full and final assignment of all of your rights to use the Software to another person or entity provided that (i) the digital rights management system used by your Software accepts such assignments, (ii) you also assign the License and all copies of the Software, (iii) you do not retain any copies of the Software, upgrades, updates, or earlier versions, and (iv) the assignee agrees to all of the terms and conditions of the License.
You may not assign the right to receive updates, dynamic content or the right to use any of the online services related to the Software.
CONSENT TO USE AND PUBLIC DISPLAY OF DATA
To facilitate the provision of updates to the Software, any dynamic content, Software support services, online game services or otherwise, you agree that Just For Games may collect, compile, store, maintain, use and transmit technical and related information that identifies your computer (including an Internet Protocol (IP) address), operating system, software application and peripheral equipment, and use such information in the aggregate, in a form that does not personally identify you, to improve the products and services; and ANONYMOUS aggregate data may be shared with our external service providers.
The Software has features that allow for the collection and tracking of information about your use of the Software (including if you participate in online services such as multi-player games). You acknowledge that you are aware that Just For Games reserves the right to collect, compile, store, save and use this information in the course of its business activities and to analyze, transmit and publicly display all or part of your data (online registration data, statistics, scores, rankings, performance, etc.).
Just For Games commits itself not to reveal to other third parties these data concerning you.
TERMINATION
The License shall be and remain in force until terminated.
IF YOU FAIL TO PERFORM ANY OF THE OBLIGATIONS OR BREACH ANY OF THE PROVISIONS OF THE LICENSE, THIS LICENSE WILL BE IMMEDIATELY, AUTOMATICALLY AND IRREVOCABLY TERMINATED AND YOUR RIGHTS TO USE THE SOFTWARE WILL BE TERMINATED, without prior notice from Just For Games and without affecting your other rights.
UPON TERMINATION, YOU ARE REQUIRED TO CEASE ALL USE OF THE SOFTWARE and destroy all copies in your possession or control and any items of the Software that may have been loaded onto the hard drive of the computer under your control.
All provisions of the License regarding disclaimers of warranties, limitations of liability, remedies or damages, and proprietary rights of Just For Games will survive termination or expiration of the License, regardless of cause. Termination does not limit any other rights or remedies that Just For Games may have by law.
LIMITATION OF WARRANTY ON THE SOFTWARE
THE SOFTWARE PROGRAM IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOU USE IT AT YOUR SOLE RISK. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU.
Just For Games MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE (IF ANY).
Just For Games MAKES NO WARRANTY WITH RESPECT TO THE PLAYABILITY OF THE SOFTWARE AND MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE WITHOUT INTERRUPTION, THAT IT WILL BE ERROR-FREE, THAT IT WILL BE COMPATIBLE WITH THIRD-PARTY SOFTWARE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Furthermore, Just For Games MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE USE OR RESULTS OF THE USE OF THE SOFTWARE AND THEIR ACCURACY, ACCURACY, RELIABILITY OR OTHER CHARACTERISTICS. NO NOTICE, INFORMATION OR ADVICE GIVEN ORALLY OR IN WRITING BY Just For Games OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CONSTITUTE OR CREATE A WARRANTY OR IN ANY WAY EXTEND THE SCOPE OF THIS WARRANTY.
YOU (AND NOT Just For Games) WILL BE FULLY RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE TROUBLE, REPAIR OR CORRECTION OF DEFECTS CAUSED BY ANY FAILURE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, OR LIMITATIONS ON STATUTORY CONSUMER RIGHTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF WARRANTIES AND ALLOWS YOU TO RETURN THE DEFECTIVE PRODUCT, YOU MAY RETURN IT TO Just For Games UNDER THE CONDITIONS SET FORTH IN THE PARAGRAPH "90-DAY LIMITED WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Just For Games BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES), ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. ) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, OR ANY ERROR OR DEFECTION IN THE SOFTWARE WHETHER DUE TO NEGLIGENCE OR ANY OTHER CAUSE NOT PROVIDED FOR IN THE LICENCE, EVEN IF Just For Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DEATH, CERTAIN PERSONAL INJURIES, FRAUD, INTENTIONAL ACTS OR NEGLIGENCE, OR VIOLATIONS OF SPECIFIC LAWS, OR DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IN NO EVENT SHALL Just For Games' MAXIMUM TOTAL LIABILITY TO YOU FOR ANY DAMAGES EXCEED (EXCEPT AS REQUIRED BY APPLICABLE LAW) THE AMOUNT YOU PAID TO PURCHASE THIS SOFTWARE. You agree to load and use the Software at your own risk and this agreement releases Just For Games from any liability to you (except for death or personal injury that occurs as a result of Just For Games' negligence).
THE WARRANTY AND LIABILITY DISCLAIMERS ARE ESSENTIAL TERMS OF THE LICENSE.
90 DAY LIMITED WARRANTY
In any jurisdiction that does not allow the exclusion of warranties and allows you to return defective Software, Just For Games warrants to the original purchaser that the PHYSICAL CARRIER (on which the software programs were recorded, usually a disk) will not fail in materials or workmanship and generally warrants it to be free from defects in workmanship under normal use for a period of ninety (90) days from date of purchase. Just For Games' entire liability under this limited warranty shall be, at its sole option, to refund the purchase price or to repair or replace the defective disc free of charge.
To obtain this warranty, you must return the original physical media in its original condition and packaging to the place of purchase or to Just For Games at the address specified below, along with a dated proof of purchase, a description of the defect, and contact information for the return of the replacement or refund. Just For Games will pay for the cost of shipping your replacement Software or refund.
Just For Games
Customer Support
9-11 avenue michelet
93400 Saint-Ouen
France
Any replacement Software will be covered for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Disks returned without an invoice or after expiration of the warranty may be, at Just For Games' option, either repaired or replaced at the customer's expense after prior acceptance of an estimate.
The limited warranty of the paragraph above is void and will not be applied if the media has been subject to misuse, negligence, accident, damage, abuse or excessive wear and tear or if it has been modified after its acquisition and more generally if the product has been used in conditions not in conformity with those authorized by the License. The warranty is also excluded if the serial number of the product has been erased or altered.
OWNERSHIP
YOU ARE ONLY THE OWNER OF THE SUPPORT ON WHICH THE SOFTWARE IS RECORDED. Just For Games RETAINS AT ALL TIMES OWNERSHIP OF THE SOFTWARE AS RECORDED ON THE MEDIA AND OF ALL COPIES OF THE SOFTWARE, IN ANY FORM WHATSOEVER.
EXPORT
If you purchased this software in the United States, you may not export or re-export it except as permitted by United States laws and regulations.
You agree to comply with U.S. and other applicable export control laws and not to transfer the Software to any foreign national or destination prohibited by such laws without first obtaining and complying with any required administrative approvals. In addition, you certify that you are not a person with whom Just For Games is prohibited from engaging in commercial transactions under applicable law.
APPLICABLE LAW
To the extent set forth in the paragraph below, this License and any claim or demand relating thereto of any nature whatsoever shall be governed by and construed in accordance with the laws of FRANCE, except that if the laws of a particular jurisdiction relating to dealings with customers require that this License be governed by and construed in accordance with the laws of that jurisdiction in order to be effective and enforceable, then the laws of that jurisdiction shall apply, to the extent provided.
If you purchased this Software in the United States, this License and any claim or demand relating thereto, of whatever nature, shall be governed by and construed in accordance with the laws of the State of California, USA.
AUTONOMY AND ENFORCEMENT OF PROVISIONS: If any provision of this License is found to be illegal or unenforceable under applicable law, the remainder of that provision shall be modified to conform as nearly as possible to the intent of the original provision, with all other provisions remaining in full force and effect.
INJUNCTION REMEDIES: You agree that a breach of the License may cause Just For Games irreparable harm that cannot be adequately compensated by damages. Just For Games will then be entitled to equitable relief in addition to any remedies it may have under the License or at law.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to the License or to any dispute or transaction arising out of the License.
ENTIRE AGREEMENT
The License constitutes the entire agreement between you and Just For Games with respect to the Software and supersedes any prior or existing agreement relating to the Software.
No amendment or modification of the License will be binding unless it is in writing and signed by Just For Games.
Any practice that deviates from the provisions of the License shall not constitute a waiver by Just For Games of its right to enforce the provisions of the License. Similarly, no single or partial exercise of any right or ability under this License shall impair any other right under this License. In the event of any conflict between this License and any terms and conditions of purchase, the terms of this License shall govern.
MISCELLANEOUS
ONLINE: Just For Games MAKES NO COMMITMENT TO THE FUTURE AVAILABILITY OF THE ONLINE GAME AND MAY CHANGE OR TERMINATE THE ONLINE SERVICES WITHOUT NOTICE OR LIABILITY AT ANY TIME AND AT ITS ENTIRE DISCRETION.
If there is an online version of this game and you use it, please do not disclose any personally identifiable information (such as in a chat room).
You acknowledge that Just For Games is not responsible for any breach of this Agreement by you or any other player.
During a game session, you agree to be respectful of other players and to never behave in a way that is abusive or offensive to them (including but not limited to using language, choosing names or creating any other content that is pornographic, obscene, or racist, defamatory or religiously or ethnically offensive content), disrupt the game experience, commit fraud or violate any law, including, but not limited to, laws relating to copyright, trademark, defamation, invasion of privacy and impersonation.