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END USER LICENCE AGREEMENT THIS
END USER LICENSE AGREEMENT
(“EULA”) GOVERNS YOUR USE OF THE
VIDEOGAME, APPLICATION,
SOFTWARE, THEIR ASSOCIATED
UPGRADES, PATCHES, AND UPDATES
AND RELATED SERVICES (THE
“PRODUCT”) CURRENTLY PROVIDED
OR WHICH WILL BE PROVIDED BY
STRATEGY FIRST INC.
This EULA sets out the basis on which the Distributor {website from where you download the game} (“Distributor’) makes the
Products available to you (“User” or ”You”) and on which the end user agrees by installing or using the game Ubersoldier (“Product”) to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one
of these, please do not install or use the Product.
This EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement
conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
STRATEGY FIRST INC. reserves the right to change, modify, add or delete articles in this EULA at any time.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE.
1.1 STRATEGY FIRST INC (‘SFI’). grants the end user a non-exclusive, non-transferable, non-sublicensed, non-commercial and
personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either
the End User or STRATEGY FIRST INC. terminates this EULA. You must in no event use, nor allow others to use the Product or
this License for commercial purposes without obtaining a license to do so from STRATEGY FIRST INC.. Updates, upgrades,
patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS
PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party
providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the
Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using
the Product). Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts
commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except
if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You
will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”,
“trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product
(whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter,
disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels
contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any
applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with
certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and
can be modified at any time by the Distributor. In all cases, You may only use the Product according to anticipated use of the
Product.
For example purposes, and without limiting STRATEGY FIRST INC. rights to take action against the End User. The End User may
not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos,
etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or
which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the
Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of
the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data
in relation to the Product, and/or organize, participate in or be involved in any way in an attack on UBISOFT’s servers and/or the
Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings
of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of STRATEGY FIRST INC is
believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing,
defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Distributor’s or SFI
‘s personnel;
i. falsely claim to be an employee or representative of STRATEGY FIRST INC or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with Distributor.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics,
music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects,
dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any
other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by
STRATEGY FIRST INC or its licensors. The Product is protected by national and international laws, copyright treaties and
conventions and other laws. This Product may contain certain licensed materials and, in that event, licensors may protect their
rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any
way and for any STRATEGY FIRST INC reason is prohibited without STRATEGY FIRST INC prior permission and, if applicable, s
licensors’ and representatives’. Except as expressly STRATEGY FIRST INC set forth in this EULA, all rights not granted hereunder
to You are expressly reserved by STRATEGY FIRST INC
This License confers STRATEGY FIRST INC no title or ownership in the Product and should not be construed as a sale of any rights
in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU
HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION
OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY
LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER
ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST
LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT
4 WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. STRATEGY FIRST INC
LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY
GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDIND AS
TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A
PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR
SATISFACTION.STRATEGY FIRST INC DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME
ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE
OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL
STRATEGY FIRST INC LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE
SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT
LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY),
CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL
LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH
UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT;
AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE
TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, DISTRIBUTOR’S LIABILITY IS LIMITED TO THE
REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE
PRICE OF THE PRODUCT. IN NO EVENT STRATEGY FIRST INC ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED
SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO FOR STRATEGY FIRST INC for
THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT STRATEGY FIRST INC’s LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM
STRATEGY FIRST INC GROSS NEGLIGENCE , FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS
OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
5. INDEMNITY.
You are solely responsible for any damage caused to STRATEGY FIRST INC licensors, channel partners and associated service
providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of
this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED AND STRATEGY FIRST INC and ITS AFFILIATES, THEIR
LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR
ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY
ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE
OR MISUSE OF THE PRODUCT. STRATEGY FIRST INC reserves the right to take sole responsibility, at its own expense, for
conducting the defense of any claim for which You agreed to indemnify STRATEGY FIRST INC.. The provisions of this Section 7
shall remain in force after termination of this EULA.
6. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its
terms. You and Distributor (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Distributor
will be effective upon (a) notice to You or (b) termination of Your Distributor Account (if any) or (c) at the time of Distributor’s
decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with
any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and
destroy all copies of the Product in Your possession.
7. CHANGES TO THIS EULA OR TO THE PRODUCT.
STRATEGY FIRST reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement,
or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with
or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA”
link located on the Product or on Distributor website.. You are responsible for checking this EULA periodically for changes. If any
future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA,
You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of
the Product. Your continued use of the Product following any revision to this EULA constitutes. Your complete and irrevocable
acceptance of any and all such changes.
STRATEGY FIRST INC may modify the Product for any reason or without any specific reason, at any time and at its entire
discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or
optimize the Product. You agree that the Product may install or download the modifications automatically.
8. MISCELLANEOUS.
8.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws
and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the
Product. The Product be download anywhere world wide at any time.
8.2 If any competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable,
that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of
the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be
valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary
to make it legal, valid and enforceable to STRATEGY FIRST INC
8.3 Law and Jurisdiction. (i) This EULA is governed by the laws of Quebec ; and (ii) you expressly acknowledge the exclusive
jurisdiction of Quebec
END USER LICENSE AGREEMENT
(“EULA”) GOVERNS YOUR USE OF THE
VIDEOGAME, APPLICATION,
SOFTWARE, THEIR ASSOCIATED
UPGRADES, PATCHES, AND UPDATES
AND RELATED SERVICES (THE
“PRODUCT”) CURRENTLY PROVIDED
OR WHICH WILL BE PROVIDED BY
STRATEGY FIRST INC.
This EULA sets out the basis on which the Distributor {website from where you download the game} (“Distributor’) makes the
Products available to you (“User” or ”You”) and on which the end user agrees by installing or using the game Ubersoldier (“Product”) to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one
of these, please do not install or use the Product.
This EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement
conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
STRATEGY FIRST INC. reserves the right to change, modify, add or delete articles in this EULA at any time.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE.
1.1 STRATEGY FIRST INC (‘SFI’). grants the end user a non-exclusive, non-transferable, non-sublicensed, non-commercial and
personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either
the End User or STRATEGY FIRST INC. terminates this EULA. You must in no event use, nor allow others to use the Product or
this License for commercial purposes without obtaining a license to do so from STRATEGY FIRST INC.. Updates, upgrades,
patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS
PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party
providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the
Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using
the Product). Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts
commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except
if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You
will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”,
“trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product
(whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter,
disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels
contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any
applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with
certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and
can be modified at any time by the Distributor. In all cases, You may only use the Product according to anticipated use of the
Product.
For example purposes, and without limiting STRATEGY FIRST INC. rights to take action against the End User. The End User may
not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos,
etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or
which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the
Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of
the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data
in relation to the Product, and/or organize, participate in or be involved in any way in an attack on UBISOFT’s servers and/or the
Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings
of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of STRATEGY FIRST INC is
believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing,
defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Distributor’s or SFI
‘s personnel;
i. falsely claim to be an employee or representative of STRATEGY FIRST INC or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with Distributor.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics,
music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects,
dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any
other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by
STRATEGY FIRST INC or its licensors. The Product is protected by national and international laws, copyright treaties and
conventions and other laws. This Product may contain certain licensed materials and, in that event, licensors may protect their
rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any
way and for any STRATEGY FIRST INC reason is prohibited without STRATEGY FIRST INC prior permission and, if applicable, s
licensors’ and representatives’. Except as expressly STRATEGY FIRST INC set forth in this EULA, all rights not granted hereunder
to You are expressly reserved by STRATEGY FIRST INC
This License confers STRATEGY FIRST INC no title or ownership in the Product and should not be construed as a sale of any rights
in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU
HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION
OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY
LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER
ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST
LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT
4 WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. STRATEGY FIRST INC
LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY
GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDIND AS
TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A
PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR
SATISFACTION.STRATEGY FIRST INC DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME
ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE
OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL
STRATEGY FIRST INC LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE
SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT
LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY),
CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL
LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH
UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT;
AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE
TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, DISTRIBUTOR’S LIABILITY IS LIMITED TO THE
REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE
PRICE OF THE PRODUCT. IN NO EVENT STRATEGY FIRST INC ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED
SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO FOR STRATEGY FIRST INC for
THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT STRATEGY FIRST INC’s LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM
STRATEGY FIRST INC GROSS NEGLIGENCE , FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS
OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
5. INDEMNITY.
You are solely responsible for any damage caused to STRATEGY FIRST INC licensors, channel partners and associated service
providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of
this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED AND STRATEGY FIRST INC and ITS AFFILIATES, THEIR
LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR
ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY
ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE
OR MISUSE OF THE PRODUCT. STRATEGY FIRST INC reserves the right to take sole responsibility, at its own expense, for
conducting the defense of any claim for which You agreed to indemnify STRATEGY FIRST INC.. The provisions of this Section 7
shall remain in force after termination of this EULA.
6. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its
terms. You and Distributor (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Distributor
will be effective upon (a) notice to You or (b) termination of Your Distributor Account (if any) or (c) at the time of Distributor’s
decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with
any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and
destroy all copies of the Product in Your possession.
7. CHANGES TO THIS EULA OR TO THE PRODUCT.
STRATEGY FIRST reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement,
or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with
or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA”
link located on the Product or on Distributor website.. You are responsible for checking this EULA periodically for changes. If any
future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA,
You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of
the Product. Your continued use of the Product following any revision to this EULA constitutes. Your complete and irrevocable
acceptance of any and all such changes.
STRATEGY FIRST INC may modify the Product for any reason or without any specific reason, at any time and at its entire
discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or
optimize the Product. You agree that the Product may install or download the modifications automatically.
8. MISCELLANEOUS.
8.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws
and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the
Product. The Product be download anywhere world wide at any time.
8.2 If any competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable,
that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of
the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be
valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary
to make it legal, valid and enforceable to STRATEGY FIRST INC
8.3 Law and Jurisdiction. (i) This EULA is governed by the laws of Quebec ; and (ii) you expressly acknowledge the exclusive
jurisdiction of Quebec