Terms Watch

BANDAI NAMCO ENTERTAINMENT EUROPE ASIA PTE LTD
ARCADE GAME SERIES: DIG DUG
END USER LICENSE AGREEMENT (“EULA”)
Last Updated: Feb 23, 2016IMPORTANT - READ CAREFULLY:
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of the Game (as defined hereunder)this software after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
THE BANDAI NAMCO ENTERTAINMENT’ VIDEOENTERTAINMENT’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 CONSTITUTESCONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT EUROPE ("BNEE").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 BNEE.BNE ASIA.
The ARCADE GAME SERIES:Arcade Game Series: DIG DUG version,DUG, including without limitation any multi-player, online, or downloadable portions thereof (the “Game”) is protected by the copyright laws of France,Singapore, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership toof 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,online or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The licenses grantedgrant of license as set forth in this EULA areSection 2 below is specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
following:
a. You have accepted all of the terms in this EULAEULA, 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 agree to andwill comply with all of the terms stipulatedin this EULA until such time as you have completed and permanently terminated your use of the Game by Steamdeleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which is evidenced bythe copy of the Game in your use of the Game; any violation of the Steam terms will be considered a violation of this EULA;possession exists, etc.);
c. You agree to and comply with all of the terms in this EULA until such time as you have completed and permanently terminated yourwill use of the Game by deleting all aspects ofonly on a single home videogame entertainment system running validly licensed copies of operating systems on which 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.);was designed to operate (the “Hardware”); and
d. You access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
e. You do not usewill 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. BNEE 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 BNEE,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,sequels or similar or ancillary products. BNEEBNE 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 sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNEEdiscretion and 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 providedbe terminated or otherwise discontinued by BNEE at its discretion and may be terminated or otherwise discontinued by BNEEBNE ASIA at any time without notice.
3. VIRTUAL ITEMS.
3.1. BNEE may offer you the ability to earn a limited license to virtual goods and services made available by BNEE in the Game (collectively, “Virtual Items”). If BNEE offers the ability to earn such licenses, BNEE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to such Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this EULA and your compliance therewith.
3.2. You may only use Virtual Items in the Game and are not redeemable for money or monetary value from BNEE or any other person or entity, except as otherwise required by applicable law. Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither BNEE nor any other person or entity has any obligation to exchange Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that BNEE may engage in actions that may impact the perceived value of Virtual Items at any time, except as prohibited by applicable law.
3.3. Except as otherwise prohibited by applicable law, BNEE, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Virtual Items without notice or liability to you.
3.4. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Virtual Items except in the Game and as expressly permitted by BNEE except as otherwise prohibited by applicable law, BNEE reserves and retains all rights, title, and interest in and to the Virtual Items.
3.5. The licenses granted hereunder to Virtual Items will terminate upon termination of this EULA and as otherwise provided herein; provided, however, that, in BNEE’s sole discretion, BNEE may make your Virtual Items available to you in your account solely for use in the commercial version of the Game.
4. 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 BNEEBNE ASIA or its licensors, and you receive no right or interest therein, except fortherein other than the limited licenses expressly provided herein.license in Section 2 hereof.
You may not do any of the following:
• Copy the Game except for 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,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. BNEEBNE 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,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 E.U.U.S. export restrictions or other laws or regulations.

5.4. 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;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 BNEEBNE 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 BNEE’sBNE 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 BNEE,BNE ASIA, and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA.


7. ONLINE CONDUCT.
7.1. BNEE does not pre-screen content that may be posted or online chats and does not assume any responsibility or liability for content that is generated by users in connection with the Game. BNEE 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 BNEE objects to content that you created, BNEE 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, BNEE, may, in 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.

7.2. 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 BNEE, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors of each from any liability or damages arising from your conduct in the connection with the Game.

7.3. BNEE 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.
• You are not twelve (12) years or older
• Harass, threaten, embarrass, or do anything else to another user that is unwanted.
• 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, objectionable. Hate speech is not tolerated.
• Violate any terms or policies communicated by BNEE 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 BNEE 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 federal, 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 BNEE, or the third party service provider (if applicable), in 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.


8. LIMITATION ON DAMAGES.
8.1.7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNEE,BNE ASIA, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS,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,INFRINGEMENT OR ANY OTHER THEORY. IN ANY CASE, BNEE'SBNE 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.

8.2.7.2 BNEEBNE ASIA AND ITS LICENSORS MAKE NO PROMISE OR WARRANTYGUARANTEE THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNEEBNE 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 OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREINWARRANTIES OR IN OUR LIMITED WARRANTY ACCOMPANYINGCONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE GAME, BNEEIMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONSFITNESS 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 ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNEE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions ofSERVICE. 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 or continued operation or availability of any given server.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.

8.3. BNEEIn the event the Game is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, BNEE cannot and does not promise or ensureterminated, 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 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.

9. TERMINATION/SUPSENSION.with other players.
9.1. This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or BNEE. You may terminate this EULA at any time by deleting and destroying any and all copies of the Game in your possession, custody, or control.
9.2. Except as otherwise prohibited by applicable law, BNEE may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including, but not limited to Virtual Items and any related services and products, at any time and for any reason without notice or liability to you.
9.3. Without limiting any other rights of BNEE, if you fail to comply with the terms and conditions of this EULA, BNEE retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.
9.4. Upon termination of this EULA, your rights to access and use the Game, including any licenses and access to Virtual Items, user data, points, character progress, and any other information of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
9.5. The termination of this EULA will not affect BNEE’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive this EULA shall survive this EULA.

10. PRIVACY. BNEE respects your privacy rights. Any personal information supplied byINJUNCTION. Because BNE ASIA would be irreparably damaged if the terms of this agreement were not specifically enforced, you to BNEE online or via any BNEE controlled website will be subject to the privacy policy posted at http://www.bandainamcoent.eu/privacy-policy. Notwithstanding what is statedagree 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 the privacy policy, if you use any online services,addition to such other remedies as online play or the downloading and uploading of content, BNEE and its affiliatesBNE ASIA may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, leaderboards and achievements), or identify content that is created and shared by you with other players. otherwise have under applicable laws.
11. INJUNCTION. Because BNEE wouldINDEMNITY. 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 irreparably damaged if the termsinterpreted 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 were not specifically enforced,between BNE ASIA and you agree that BNEE and/or its licensors shall be entitled, 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 BNEE may otherwise have under applicable laws.
12. INDEMNITY. You agree to indemnify, defend and hold BNEE, 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.

13. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of France. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Commercial Court of Lyon.the subject matter hereof.
14. MISCELLANEOUS. If any provision of this Agreement is held toRELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games and products, and may be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BNEE’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 BNEE and you with respect to the subject matter hereof.
15. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be incorporated in tointo additional Game-specific terms of use. In the event of a conflict between this EULA and a 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 BNEEBNE ASIA through BNEE,BNE ASIA customer service at http://www.bandainamcoent.eu or BANDAI NAMCO ENTERTAINMENT Europe ,49/51 rue des Docks, CS 90618, 69258 LYON CEDEX 09 – France .

[email protected] or BNE ASIA, 298 Tiong Bahru Road, Central Plaza #11-01/02 Singapore 168730.

                BANDAI NAMCO ENTERTAINMENT 
                EUROPE 
                ASIA PTE LTD
                <br>ARCADE GAME SERIES: DIG DUG<br>
                 
                END USER LICENSE AGREEMENT (“EULA”)<br>
                Last Updated: Feb 23, 2016
                IMPORTANT - READ CAREFULLY:
                  <br>This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of 
                the Game (as defined hereunder)
                this software
                 after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.<br>THE BANDAI NAMCO 
                ENTERTAINMENT’ VIDEO
                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 
                CONSTITUTES
                CONSTITUTE
                 A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT 
                EUROPE ("BNEE").
                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 
                BNEE.
                BNE ASIA.
                   <br>The 
                ARCADE GAME SERIES:
                Arcade Game Series:
                 DIG 
                DUG version,
                DUG,
                 including without limitation any multi-player, online, or downloadable portions thereof (the “Game”) is protected by the copyright laws of 
                France,
                Singapore,
                 international copyright treaties and conventions and other laws.  The Game is licensed, and not sold, and this agreement confers no title or ownership 
                to
                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,
                online
                 or downloadable content, you may be subject to additional guidelines of third party service providers.<br>1.	PRECONDITIONS OF THE LICENSE.
                 
                  
                The 
                licenses granted
                grant of license as set forth
                 in 
                this EULA are
                Section 2 below is
                 specifically conditioned upon the 
                following and your full compliance with all other terms and conditions set forth in this EULA:<br>	
                following:
                <br>a.	You have accepted all of the terms in this 
                EULA
                EULA,
                 and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;<br>b.	You 
                agree to and
                will
                 comply with all of the terms 
                stipulated
                in this EULA until such time as you have completed and permanently terminated your use of the Game
                 by 
                Steam
                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 
                is evidenced by
                the copy of the Game in
                 your 
                use of the Game; any violation of the Steam terms will be considered a violation of this EULA;
                possession exists, etc.);
                <br>c.	You 
                agree to and comply with all of the terms in this EULA until such time as you have completed and permanently terminated your
                will
                 use 
                of 
                the Game 
                by deleting all aspects of
                only on a single home videogame entertainment system running validly licensed copies of operating systems on which
                 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.);
                was designed to operate (the “Hardware”); and
                <br>d.	You 
                access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and<br>e.	You do not use
                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.<br>2.	LIMITED USE LICENSE.
                 BNEE
                  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 
                BNEE,
                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,
                sequels
                 or similar or ancillary products. 
                BNEE
                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 
                sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNEE
                discretion and
                 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
                be terminated or otherwise discontinued
                 by 
                BNEE at its discretion and may be terminated or otherwise discontinued by BNEE
                BNE ASIA
                 at any time without notice.   <br>3.
                	VIRTUAL ITEMS.  <br>3.1.	BNEE may offer you the ability to earn a limited license to virtual goods and services made available by BNEE in the Game (collectively, “Virtual Items”). If BNEE offers the ability to earn such licenses, BNEE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to such Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this EULA and your compliance therewith.<br>3.2.	You may only use Virtual Items in the Game and are not redeemable for money or monetary value from BNEE or any other person or entity, except as otherwise required by applicable law.  Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency.  Neither BNEE nor any other person or entity has any obligation to exchange Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that BNEE may engage in actions that may impact the perceived value of Virtual Items at any time, except as prohibited by applicable law. <br>3.3.	Except as otherwise prohibited by applicable law, BNEE, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Virtual Items without notice or liability to you.<br>3.4.	You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Virtual Items except in the Game and as expressly permitted by BNEE  except as otherwise prohibited by applicable law, BNEE reserves and retains all rights, title, and interest in and to the Virtual Items.<br>3.5.	The licenses granted hereunder to Virtual Items will terminate upon termination of this EULA and as otherwise provided herein; provided, however, that, in BNEE’s sole discretion, BNEE may make your Virtual Items available to you in your account solely for use in the commercial version of the Game.<br>4.	
                 
                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 
                BNEE
                BNE ASIA
                 or its licensors, and you receive no right or interest 
                therein, except for
                therein other than
                 the limited 
                licenses  expressly provided herein.
                license in Section 2 hereof.
                <br>You may not do any of the following:<br>•	Copy the Game except 
                for 
                a single backup copy;<br>•	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,
                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. 
                BNEE
                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;<br>•	Reverse engineer, derive source code, modify, decompile, 
                disassemble,
                disassemble
                 or create derivative works of the Game or any online portion thereof, in whole or in part;<br>•	Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or<br>•	Export or re-export the Game or any copy or adaptation in violation of any applicable 
                E.U.
                U.S.
                 export restrictions or other laws or regulations. <br><br>
                5.
                4.
                	SECURITY MEASURES/PROTECTIONS.
                 
                <br>
                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;
                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.
                <br><br>5. 	ONLINE CONDUCT.  <br>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.  <br><br>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.  <br><br>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: <br>•	Post, transmit, promote or distribute content that violates any law or regulation. <br>•	Harass, threaten, embarrass, or do anything else to another user. <br>•	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. <br>•	Violate any rules communicated by BNE ASIA from time to time.<br>•	Promote or encourage any illegal activity including hacking. <br>•	Disclose your own or other users’ personal information.<br>•	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.<br>•	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.<br>•	Cheat or utilize unauthorized exploits in connection with the Game.<br>•	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.<br>•	Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Game.<br>•	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. <br>•	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.<br>•	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.
                <br><br>6.	USER-GENERATED CONTENT.
                 
                <br>	
                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 
                BNEE
                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 
                BNEE’s
                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 
                BNEE,
                BNE ASIA,
                 and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA.
                <br>
                <br><br>7.	
                ONLINE CONDUCT.  <br>7.1.	BNEE does not pre-screen content that may be posted or online chats and does not assume any responsibility or liability for content that is generated by users in connection with the Game. BNEE 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 BNEE objects to content that you created, BNEE 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, BNEE, may, in 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.  <br><br>7.2.	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 BNEE, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors of each from any liability or damages arising from your conduct in the connection with the Game.  <br><br>7.3.	BNEE 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: <br>•	Post, transmit, promote, or distribute content that violates any law or regulation.<br>•	You are not twelve (12) years or older <br>•	Harass, threaten, embarrass, or do anything else to another user that is unwanted. <br>•	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, objectionable. Hate speech is not tolerated. <br>•	Violate any terms or policies communicated by BNEE from time to time.<br>•	Promote or encourage any illegal activity including hacking. <br>•	Disclose your own or other users’ personal information.<br>•	Impersonate any person or entity, including any BNEE officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.<br>•	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.<br>•	Cheat or utilize unauthorized exploits in connection with the Game.<br>•	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.<br>•	Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Game.<br>•	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 federal, state, local and foreign laws where applicable.  Ignorance of the law is no excuse. <br>•	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 BNEE, or the third party service provider (if applicable), in maintaining the Game for the enjoyment of all its users.<br>•	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.<br><br><br>8.	
                LIMITATION ON DAMAGES.  <br>
                8.1.
                7.1
                	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 
                BNEE,
                BNE ASIA,
                 ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, 
                CONTRACTORS,
                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,
                INFRINGEMENT
                 OR ANY OTHER THEORY.  IN ANY CASE, 
                BNEE'S
                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.   <br><br>
                8.2.
                7.2
                	
                BNEE
                BNE ASIA
                 AND ITS LICENSORS MAKE NO PROMISE OR 
                WARRANTY
                GUARANTEE
                 THAT THE GAME WILL WORK PROPERLY.
                 
                  
                YOU ACKNOWLEDGE AND AGREE THAT 
                BNEE
                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 
                OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN
                WARRANTIES
                 OR 
                IN OUR LIMITED WARRANTY ACCOMPANYING
                CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION,
                 THE 
                GAME, BNEE
                IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
                 AND 
                ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS
                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.<br><br>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.<br><br>8.	TERMINATION/SUPSENSION
                 OF 
                ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNEE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions 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 
                or continued operation or availability of any given server.
                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.
                  
                <br><br>8.3.	BNEE
                In the event the Game
                 is 
                not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, BNEE cannot and does not promise or ensure
                terminated, you must destroy all copies of the Game and all of its component parts.<br><br>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 <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.bandainamcoent.com.au%2F" target="_blank" rel=" noopener">https://www.bandainamcoent.com.au/</a>. 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 
                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.<br><br>9.	TERMINATION/SUPSENSION.
                with other players.
                  
                <br>9.1.	This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or BNEE. You may terminate this EULA at any time by deleting and destroying any and all copies of the Game in your possession, custody, or control. <br>9.2.	Except as otherwise prohibited by applicable law, BNEE may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including, but not limited to Virtual Items and any related services and products, at any time and for any reason without notice or liability to you.<br>9.3.	Without limiting any other rights of BNEE, if you fail to comply with the terms and conditions of this EULA, BNEE retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.<br>9.4.	Upon termination of this EULA, your rights to access and use the Game, including any licenses and access to Virtual Items, user data, points, character progress, and any other information of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.<br>9.5.	The termination of this EULA will not affect BNEE’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive this EULA shall survive this EULA.<br>
                <br>10.	
                PRIVACY. BNEE respects your privacy rights. Any personal information supplied by
                INJUNCTION.  Because BNE ASIA would be irreparably damaged if the terms of this agreement were not specifically enforced,
                 you 
                to BNEE online or via any BNEE controlled website will be subject to the privacy policy posted at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.bandainamcoent.eu%2Fprivacy-policy" target="_blank" rel=" noopener">http://www.bandainamcoent.eu/privacy-policy</a>. Notwithstanding what is stated
                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 
                the privacy policy, if you use any online services,
                addition to
                 such 
                other remedies 
                as 
                online play or the downloading and uploading of content, BNEE and its affiliates
                BNE ASIA
                 may 
                also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, leaderboards and achievements), or identify content that is created and shared by you with other players.  
                otherwise have under applicable laws.
                <br>11.	
                INJUNCTION. Because BNEE would
                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. <br>12. 	APPLICABLE LAW AND JURISDICTION. This Agreement shall
                 be 
                irreparably damaged if the terms
                interpreted in accordance with and governed by the laws of Singapore. <br>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 
                were not specifically enforced,
                between BNE ASIA and
                 you 
                agree that BNEE and/or its licensors shall be entitled, 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 BNEE may otherwise have under applicable laws.<br>12.	INDEMNITY. You agree to indemnify, defend and hold BNEE, 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. <br><br>13.	APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of France. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Commercial Court of Lyon.
                the subject matter hereof. 
                <br>14.	
                MISCELLANEOUS. If any provision of this Agreement is held to
                RELATIONSHIP TO OTHER TERMS OF USE.  This EULA applies to all online service, content, Games and products, and may
                 be 
                invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  BNEE’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 BNEE and you with respect to the subject matter hereof. <br>15.	RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be 
                incorporated 
                in to
                into
                 additional Game-specific terms of use.  In the event of a conflict between this EULA and 
                a 
                Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).<br>
                <br>
                If you have any questions concerning this license, you may contact 
                BNEE
                BNE ASIA
                 through 
                BNEE,
                BNE ASIA
                 customer service at 
                <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.bandainamcoent.eu" target="_blank" rel=" noopener">http://www.bandainamcoent.eu</a> or BANDAI NAMCO ENTERTAINMENT Europe ,49/51 rue des Docks, CS 90618, 69258 LYON CEDEX 09 – France .<br><br>
                [email protected] or BNE ASIA, 298 Tiong Bahru Road, Central Plaza #11-01/02 Singapore 168730. 
                <br>