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BANDAI NAMCO ENTERTAINMENT ASIA PTE LTD
ARCADE GAME SERIES: Ms. PAC-MAN
END USER LICENSE AGREEMENT (“EULA”)
IMPORTANT - READ CAREFULLY:
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of this software after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
THE BANDAI NAMCO ENTERTAINMENT’S GAME SOFTWARE YOU ARE USING (WHICH INCLUDES COMPUTER GAME, MEDIA, AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT ASIA PTE LTD ("BNE ASIA"). BY PLAYING THE VIDEO GAME (EITHER ON YOUR HOME CONSOLE OR ONLINE), AND/OR INSTALLING OR OTHERWISE USING THE GAME PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH BNE ASIA.
The Arcade Game Series: Ms. PAC-MAN, including without limitation any multi-player, online, or downloadable portions thereof (the “Game”) is protected by the copyright laws of Singapore, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership of the Game program or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Game, including without limitation any multi-player, online or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The grant of license as set forth in Section 2 below is specifically conditioned upon the following:
a. You have accepted all of the terms in this EULA, and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;
b. You will comply with all of the terms in this EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which the copy of the Game in your possession exists, etc.);
c. You will use the Game only on a single home videogame entertainment system running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
d. You will refrain from using any hacks, cracks, bots, or third party Game which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
2. LIMITED USE LICENSE. BNE ASIA grants you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To play the Game and/or access any online content related to the Game, you must have legally obtained the Game from BNE ASIA, and all applicable or required Hardware and/or third party game to operate the Game and/or access any online, multi-player or download portion of the Game (which we do not provide). You are responsible for paying all fees and taxes for any Hardware and other costs you may incur to access the Game, including internet service or other third party charges required to access any multi-player, online or downloadable portions of the Game (if applicable). Neither this agreement nor use of the Game entitles you to any future releases of the Game, nor to any expansions, sequels or similar or ancillary products. BNE ASIA may, on its sole discretion, change, modify, suspend or discontinue the Game or any aspect of the Game at any time. BNE ASIA may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. You understand that the Game is provided by BNE ASIA at its discretion and may be terminated or otherwise discontinued by BNE ASIA at any time without notice.
3. OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by BNE ASIA or its licensors, and you receive no right or interest therein other than the limited license in Section 2 hereof.
You may not do any of the following:
• Copy the Game except a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to use on a commercial website or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Game may access the Game program. BNE ASIA may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below;
• Reverse engineer, derive source code, modify, decompile, disassemble or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable U.S. export restrictions or other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS.
Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet, and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
5. ONLINE CONDUCT.
5.1 BNE ASIA does not pre-screen content that may be posted and does not assume any responsibility or liability for content that is generated by users in connection with the Game. BNE ASIA does not assume any liability for any failure to remove, or any delay in removing, content. However, we reserve the right to remove or request that the third party service provider remove content that is objectionable to us for any reason. This determination is in our sole discretion and is final. If BNE ASIA objects to content that you created, BNE ASIA may in its sole discretion (either itself or if applicable by request to the third party service provider): (i) remove content; (ii) give warnings; (iii) restrict your access when you break the rules; or (iv) suspend or terminate your use without any notice to you. In addition, BNE ASIA, may, on its sole discretion, terminate this agreement, in part, immediately and without notice if your online conduct breaches this agreement or infringes any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. If we terminate this agreement under these circumstances, you will lose access to any online portions of the Game.
5.2 You agree that you will be personally responsible for your use of the Game, and for all of your communication and activity in connection with Game, including any content you contribute, and that you will indemnify and hold harmless BNE ASIA, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors from any liability or damages arising from your conduct in connection with the Game.
5.3 BNE ASIA retains the right to suspend your access to the Game without previous notification if you violate the terms of this EULA. You will violate this EULA if you (or others using your online account) do any of the following:
• Post, transmit, promote or distribute content that violates any law or regulation.
• Harass, threaten, embarrass, or do anything else to another user.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights or in a reasonable person's view Hate speech is not tolerated.
• Violate any rules communicated by BNE ASIA from time to time.
• Promote or encourage any illegal activity including hacking.
• Disclose your own or other users’ personal information.
• Impersonate any person or entity, including any BNE ASIA officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of game play or dialogue, or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors or design flaws to obtain unauthorized access to the Game or to gain an unfair advantage over other players.
• Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Game.
• Violate any applicable laws including but not limited to copyrights and trademarks, regulations and rules wherever you are using the Game. This includes rules for use of third-party technology and content, rules of interactive service providers, and state, local and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules, or that materially increases the expense or difficulty of BNE ASIA, or the third party service provider (if applicable) of maintaining the Game for the enjoyment of all its users.
• Intentionally disconnecting from the network during online play, or allowing yourself to be defeated by a given player repeatedly to help boost their rankings or win counts.
6. USER-GENERATED CONTENT.
In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant BNE ASIA an exclusive, perpetual, irrevocable, royalty-free, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BNE ASIA and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to BNE ASIA, and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA.
7. LIMITATION ON DAMAGES.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNE ASIA, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTOR OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE OF OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR ANY OTHER THEORY. IN ANY CASE, BNE ASIA'S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
7.2 BNE ASIA AND ITS LICENSORS MAKE NO PROMISE OR GUARANTEE THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNE ASIA AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE GAME, BNE ASIA AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNE ASIA does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portion of the Game or continued operation or availability of any given server.
7.3 BNE ASIA is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, BNE ASIA cannot and does not promise or ensure that you will be able to access the online, multi-player or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
8. TERMINATION/SUPSENSION OF SERVICE. BNE ASIA retains the right, at its sole discretion, to either terminate or suspend your access to the Game. If BANDAI NAMCO terminates or suspends your access to the Game, you will: (i) lose access to the Game upon termination and/or for the duration of the suspension and/or (ii) lose the balance of any items, points or character progress in the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
9. PRIVACY. BNE ASIA respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you to BNE ASIA online or via any BNE ASIA controlled website will be subject to the privacy policy posted at https://www.bandainamcoent.com.au/. Notwithstanding what is stated in the privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNE ASIA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
10. INJUNCTION. Because BNE ASIA would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that BNE ASIA and/or its licensors shall be, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as BNE ASIA may otherwise have under applicable laws.
11. INDEMNITY. You agree to indemnify, defend and hold BNE ASIA, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
12. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of Singapore.
13. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BNE ASIA’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between BNE ASIA and you with respect to the subject matter hereof.
14. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games and products, and may be incorporated into additional Game-specific terms of use. In the event of a conflict between this EULA and Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).
If you have any questions concerning this license, you may contact BNE ASIA through BNE ASIA customer service at support@bandainamcoent.asia or BNE ASIA, 298 Tiong Bahru Road, Central Plaza #11-01/02 Singapore 168730.
ARCADE GAME SERIES: Ms. PAC-MAN
END USER LICENSE AGREEMENT (“EULA”)
IMPORTANT - READ CAREFULLY:
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of this software after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
THE BANDAI NAMCO ENTERTAINMENT’S GAME SOFTWARE YOU ARE USING (WHICH INCLUDES COMPUTER GAME, MEDIA, AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT ASIA PTE LTD ("BNE ASIA"). BY PLAYING THE VIDEO GAME (EITHER ON YOUR HOME CONSOLE OR ONLINE), AND/OR INSTALLING OR OTHERWISE USING THE GAME PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH BNE ASIA.
The Arcade Game Series: Ms. PAC-MAN, including without limitation any multi-player, online, or downloadable portions thereof (the “Game”) is protected by the copyright laws of Singapore, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership of the Game program or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Game, including without limitation any multi-player, online or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The grant of license as set forth in Section 2 below is specifically conditioned upon the following:
a. You have accepted all of the terms in this EULA, and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;
b. You will comply with all of the terms in this EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which the copy of the Game in your possession exists, etc.);
c. You will use the Game only on a single home videogame entertainment system running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
d. You will refrain from using any hacks, cracks, bots, or third party Game which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
2. LIMITED USE LICENSE. BNE ASIA grants you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To play the Game and/or access any online content related to the Game, you must have legally obtained the Game from BNE ASIA, and all applicable or required Hardware and/or third party game to operate the Game and/or access any online, multi-player or download portion of the Game (which we do not provide). You are responsible for paying all fees and taxes for any Hardware and other costs you may incur to access the Game, including internet service or other third party charges required to access any multi-player, online or downloadable portions of the Game (if applicable). Neither this agreement nor use of the Game entitles you to any future releases of the Game, nor to any expansions, sequels or similar or ancillary products. BNE ASIA may, on its sole discretion, change, modify, suspend or discontinue the Game or any aspect of the Game at any time. BNE ASIA may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. You understand that the Game is provided by BNE ASIA at its discretion and may be terminated or otherwise discontinued by BNE ASIA at any time without notice.
3. OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by BNE ASIA or its licensors, and you receive no right or interest therein other than the limited license in Section 2 hereof.
You may not do any of the following:
• Copy the Game except a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to use on a commercial website or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Game may access the Game program. BNE ASIA may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below;
• Reverse engineer, derive source code, modify, decompile, disassemble or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable U.S. export restrictions or other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS.
Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet, and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
5. ONLINE CONDUCT.
5.1 BNE ASIA does not pre-screen content that may be posted and does not assume any responsibility or liability for content that is generated by users in connection with the Game. BNE ASIA does not assume any liability for any failure to remove, or any delay in removing, content. However, we reserve the right to remove or request that the third party service provider remove content that is objectionable to us for any reason. This determination is in our sole discretion and is final. If BNE ASIA objects to content that you created, BNE ASIA may in its sole discretion (either itself or if applicable by request to the third party service provider): (i) remove content; (ii) give warnings; (iii) restrict your access when you break the rules; or (iv) suspend or terminate your use without any notice to you. In addition, BNE ASIA, may, on its sole discretion, terminate this agreement, in part, immediately and without notice if your online conduct breaches this agreement or infringes any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. If we terminate this agreement under these circumstances, you will lose access to any online portions of the Game.
5.2 You agree that you will be personally responsible for your use of the Game, and for all of your communication and activity in connection with Game, including any content you contribute, and that you will indemnify and hold harmless BNE ASIA, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors from any liability or damages arising from your conduct in connection with the Game.
5.3 BNE ASIA retains the right to suspend your access to the Game without previous notification if you violate the terms of this EULA. You will violate this EULA if you (or others using your online account) do any of the following:
• Post, transmit, promote or distribute content that violates any law or regulation.
• Harass, threaten, embarrass, or do anything else to another user.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights or in a reasonable person's view Hate speech is not tolerated.
• Violate any rules communicated by BNE ASIA from time to time.
• Promote or encourage any illegal activity including hacking.
• Disclose your own or other users’ personal information.
• Impersonate any person or entity, including any BNE ASIA officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of game play or dialogue, or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors or design flaws to obtain unauthorized access to the Game or to gain an unfair advantage over other players.
• Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Game.
• Violate any applicable laws including but not limited to copyrights and trademarks, regulations and rules wherever you are using the Game. This includes rules for use of third-party technology and content, rules of interactive service providers, and state, local and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules, or that materially increases the expense or difficulty of BNE ASIA, or the third party service provider (if applicable) of maintaining the Game for the enjoyment of all its users.
• Intentionally disconnecting from the network during online play, or allowing yourself to be defeated by a given player repeatedly to help boost their rankings or win counts.
6. USER-GENERATED CONTENT.
In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant BNE ASIA an exclusive, perpetual, irrevocable, royalty-free, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BNE ASIA and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to BNE ASIA, and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA.
7. LIMITATION ON DAMAGES.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNE ASIA, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTOR OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE OF OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR ANY OTHER THEORY. IN ANY CASE, BNE ASIA'S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
7.2 BNE ASIA AND ITS LICENSORS MAKE NO PROMISE OR GUARANTEE THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNE ASIA AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE GAME, BNE ASIA AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNE ASIA does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portion of the Game or continued operation or availability of any given server.
7.3 BNE ASIA is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, BNE ASIA cannot and does not promise or ensure that you will be able to access the online, multi-player or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
8. TERMINATION/SUPSENSION OF SERVICE. BNE ASIA retains the right, at its sole discretion, to either terminate or suspend your access to the Game. If BANDAI NAMCO terminates or suspends your access to the Game, you will: (i) lose access to the Game upon termination and/or for the duration of the suspension and/or (ii) lose the balance of any items, points or character progress in the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
9. PRIVACY. BNE ASIA respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you to BNE ASIA online or via any BNE ASIA controlled website will be subject to the privacy policy posted at https://www.bandainamcoent.com.au/. Notwithstanding what is stated in the privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNE ASIA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
10. INJUNCTION. Because BNE ASIA would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that BNE ASIA and/or its licensors shall be, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as BNE ASIA may otherwise have under applicable laws.
11. INDEMNITY. You agree to indemnify, defend and hold BNE ASIA, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
12. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of Singapore.
13. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BNE ASIA’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between BNE ASIA and you with respect to the subject matter hereof.
14. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games and products, and may be incorporated into additional Game-specific terms of use. In the event of a conflict between this EULA and Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).
If you have any questions concerning this license, you may contact BNE ASIA through BNE ASIA customer service at support@bandainamcoent.asia or BNE ASIA, 298 Tiong Bahru Road, Central Plaza #11-01/02 Singapore 168730.