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END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("Licence") is a legal agreement between you and Aither Software of Japan relating to the software programs of Aither Software's videogames as published by Aither Software from time to time, whether existing now or in the future and any add-ons, variations, expansions packs, virtual content, updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and we are referred to as "Aither Software", "we", "us" or "our".
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account or not and whether on any Aither Software or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this Licence, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
* BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS ARE LEGALLY BINDING ON YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.
You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of the Software in any way (whether on any Aither Software or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time.
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
e. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
f. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Aither Software or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
(However, intellectual property rights do not belong to Aither Software in respect of real information contained in the game TOKYO DRIVE, such as the shape, appearance and names of real roads, buildings and landforms.)
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4 SUBSCRIPTIONS AND CANCELLATIONS
4.1 You may need a subscription and/or make payments to access and use certain features of the Software. Subscriptions and payments with any refund and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.
5 DISCLAIMER OF WARRANTIES
5.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. Aither Software DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
5.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
6 LIMITATION OF LIABILITY
6.1 SUBJECT TO SECTION 6.3, Aither Software SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, Aither Software SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. Aither Software SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL Aither Software BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
6.2 To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the Subscription fees, relating to the Game, actually paid by you to Aither Software.
6.3 Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by Japanese law.
7 TERMINATION
7.1 We may terminate this Licence and any user Account in the Game immediately if you commit a breach of this Licence.
7.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game under the Terms and Conditions will immediately cease and be terminated.
8 GENERAL
8.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
8.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
8.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
8.5 This Licence, its subject matter and its formation, are governed by the laws of Japan. You and we both agree that the courts of Japan will have exclusive jurisdiction in relation to any dispute connected with this License or the Game.
8.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("Licence") is a legal agreement between you and Aither Software of Japan relating to the software programs of Aither Software's videogames as published by Aither Software from time to time, whether existing now or in the future and any add-ons, variations, expansions packs, virtual content, updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and we are referred to as "Aither Software", "we", "us" or "our".
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account or not and whether on any Aither Software or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this Licence, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
* BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS ARE LEGALLY BINDING ON YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.
You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of the Software in any way (whether on any Aither Software or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time.
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
e. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
f. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Aither Software or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
(However, intellectual property rights do not belong to Aither Software in respect of real information contained in the game TOKYO DRIVE, such as the shape, appearance and names of real roads, buildings and landforms.)
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4 SUBSCRIPTIONS AND CANCELLATIONS
4.1 You may need a subscription and/or make payments to access and use certain features of the Software. Subscriptions and payments with any refund and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.
5 DISCLAIMER OF WARRANTIES
5.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. Aither Software DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
5.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
6 LIMITATION OF LIABILITY
6.1 SUBJECT TO SECTION 6.3, Aither Software SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, Aither Software SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. Aither Software SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL Aither Software BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
6.2 To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the Subscription fees, relating to the Game, actually paid by you to Aither Software.
6.3 Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by Japanese law.
7 TERMINATION
7.1 We may terminate this Licence and any user Account in the Game immediately if you commit a breach of this Licence.
7.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game under the Terms and Conditions will immediately cease and be terminated.
8 GENERAL
8.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
8.2 If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
8.3 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
8.5 This Licence, its subject matter and its formation, are governed by the laws of Japan. You and we both agree that the courts of Japan will have exclusive jurisdiction in relation to any dispute connected with this License or the Game.
8.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject.
This Licence is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict or inconsistency or clarification required with other language versions.