- arabic
- brazilian
- bulgarian
- czech
- danish
- dutch
- english
- finnish
- french
- german
- greek
- hungarian
- indonesian
- italian
- japanese
- koreana
- latam
- norwegian
- polish
- portuguese
- romanian
- russian
- schinese
- spanish
- swedish
- tchinese
- thai
- turkish
- ukrainian
- vietnamese
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Game | Steam
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schinese |
5 months ago |
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Changes
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Terms and Conditions
This End User License Agreement applies only to users in North and South America
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使用者规约
BANDAI NAMCO Entertainment Asia Pte Ltd
GOD EATER™2 RAGE BURST
终端用户许可协议 (“EULA”)
本终端用户许可协议(以下简称「本协议」)可能随时更新,如阁下于修改公布尔日后仍继续使用本软件,即表示您同意协议条款。
阁下所购买之万代南梦宫电玩游戏(包括计算机游戏、媒体、相关印刷或电子版本文件),已允许您根据以下所列之条件使用;下文内容系阁下与BANDAI NAMCO Entertainment Asia Pte Ltd(以下简称「BNE ASIA」)间之法律协议,透过进行电玩游戏(无论是在游戏机台或网络上),以及/或安装、或使用游戏软件,阁下同意依法遵守与BNE ASIA间之协议。
GOD EATER™2 RAGE BURST 各版本,包括但不限于所有多人玩家、在线,或可下载之部分(以下简称为「本游戏」),受到新加坡版权法、国际版权条约公约与其他法律保护。本游戏仅授与使用许可,而非卖出,本协议不授与任何游戏软件或相关版权资格或所有权。除本文述及之条款外,使用游戏之特定部分,包括但不限于任何多人玩家、在线,或可下载之内容,阁下或须遵守第三方服务供应者之其他指引。
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BANDAI NAMCO ENTERTAINMENT AMERICA INC.
GOD EATER 2: RAGE BURST
END USER LICENSE AGREEMENT
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1. 以下第二节所述之许可授与,须符合以下所详述之特定条件:
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IMPORTANT: THIS IS A LEGALLY BINDING AGREEMENT AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO INTERACTIVE ENTERTAINMENT PRODUCTS PUBLISHED, AND OTHER SERVICES OFFERED BY BANDAI NAMCO ENTERTAINMENT AMERICA INC. PLEASE READ THE FOLLOWING CAREFULLY:
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a 阁下已经同意本协议内所有条款,以及任何适用于阁下所进行游戏之条款,以阁下使用本游戏为证;
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Last Updated: July 11, 2016
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b 阁下将遵守所有本协议内所有条款,直到您完成,并以自机器中删除游戏所有部分(例如删除账号、删除游戏相关档案、破坏您所持有之内含游戏副本之实体媒体等)方式完全结束使用本游戏为止;
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The Game, as defined below, is licensed to You on the terms set forth in this end user license agreement (the “EULA”), which constitutes a legal agreement between You and BANDAI NAMCO Entertainment America Inc. (a Delaware corporation) (“BNEA”). For purposes of this EULA, “You” refers to any user of the Game. By downloading, installing, accessing, playing, or otherwise using the Game in any way, You agree to be legally bound by the terms of this EULA with BNEA, which may be updated from time to time. Your continued use of the Game, in any way, after a revised version of this EULA has been communicated to You, constitutes Your acceptance of such updated terms. If You do not agree to the terms of this EULA, do not download, install, access, play, or otherwise use the Game in any way. You must accept and abide by the terms of this EULA, including any updated terms, as presented to You by BNEA and any changes, additions, or deletions are not acceptable, and are hereby expressly rejected by BNEA. BNEA may refuse access to the Game for noncompliance with any part of this EULA.
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c 阁下仅在单一家用电玩游戏娱乐系统上使用本游戏,且该系统使用之游戏适用之操作系统亦使用经合法许可之版本(以下简称「硬件」);且
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THIS EULA CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER. IF YOU LIVE OUTSIDE THE UNITED STATES OF AMERICA, SOME OR ALL OF THE ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY NOT APPLY TO YOU.
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d 阁下将不会使用任何可能暂时或永久修改编码,或本游戏之使用者体验之外挂、破解、机器人、或第三方游戏,无论是在阁下之本地机器或是能使用本游戏任何功能之服务器皆然。
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YOUR USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM® SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
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2.有限使用许可。 BNE ASIA授与阁下非独家、不可转移、可收回之有限权利与许可,以使用本游戏之复本,仅于硬件上提供阁下个人之使用。本游戏禁止商业使用。欲进行本游戏与/或取得任何与本游戏相关之网络内容,您必须合法购买本游戏,以及所有适用或必需之硬件与/或第三方游戏,以操作本游戏,并/或取得任何在线、多人玩家、或游戏之下载部分(本公司未提供者)。您有责任为任何硬件支付所有费用与税金,以及其他为取得本游戏而产生之成本,包括网络服务,或其他为取得任何多人玩家、在线或游戏下载部分而产生之第三方收费(如适用)。本协议与使用游戏均不赋与您对未来所发行本游戏之权利,对任何扩张、续集,或类似与补充产品亦然。
BNE ASIA或根据其独立判断,而随时改变、修正、暂停、中断本游戏之全部或任一部分。BNE ASIA亦或在不通知的情况下,针对特定功能设限,或限制您取得部份或整个游戏,且不为此负责。您对于本游戏内任何功能或内容均不得主张权益,无论是否为金钱权益。您了解本游戏由BNE ASIA根据其独立判断所提供,随时可能不经通知而由BNE ASIA终止或中断。
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The GOD EATER 2: RAGE BURST video game, including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (collectively, the “Game”), is protected by domestic and foreign copyright laws as well as international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this EULA confers no title or ownership to the Game or any copy thereof. In addition to the terms and conditions hereof, when accessing and using particular portions of the Game, including, without limitation, accessing any multi-player or online features, downloading any downloadable content, and whenever conducting any monetary transactions through or in connection with your use of the Game, You may be subject to additional terms and conditions of third-party service providers.
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3.所有权。所有本游戏内与相关之智慧财产(包括但不限于影像、声音、其他此处内含或未来下载之其他内容)与拥有所有复本之权利均属BNE ASIA或其授权者所有,您除了第二节所述之有限许可外,均未获授与任何权利或权益。
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1. PRECONDITIONS OF THE LICENSES. The licenses granted in this EULA are specifically conditioned upon the following and Your full compliance with all other terms and conditions set forth in this EULA:
• You have reached the age of majority in Your jurisdiction. If You are under the age of majority in Your jurisdiction, Your legal representative (e.g., a parent or a person who has legal parental authority over You) must agree on Your behalf to comply, and take full responsibility for Your compliance, with this EULA prior to Your use of the Game;
• You agree to and comply with all of the terms in this EULA, and any additional terms as may be applicable to the Game, which acceptance is evidenced by Your access to and use of the Game;
• You agree not to download, install, access, play, or otherwise use the Game in any way except on devices owned or controlled exclusively by You, running validly-licensed copies of operating systems on which the Game is designed to operate and which meet the minimum requirements set by BNEA (collectively, the “Hardware”);
• You do not use any hacks, cracks, bots, or third-party software that may modify or copy, temporarily or permanently, the code or the user experience of the Game, whether on Your Hardware or on servers that enable use of any features of the Game; and
• You have accepted and are in compliance with all terms and conditions set forth in the STEAM® Subscriber Agreement and/or any other terms set forth by Valve Corporation in relation to the STEAM® service from which Your Hardware will download, install, or access any copy of the Game, any updates to the Game, or through which any monetary transactions conducted in connection with the Game may be performed.
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阁下不得从事以下事项:
. 除一份备用复本外,复制本游戏;
. 销售、租赁、出租、许可、分销或转移,或提供本游戏给他人,无论是全部或部分,或使用本游戏或任何一部分于任何商业用途,包括但不限于使用于商业网站,或于服务设施、「网咖」、计算机游戏中心、或任何其他多名使用者在未各自购买本游戏之状况下,得取得本游戏软件之商业地点。BNE ASIA或提供其他地点许可,允许阁下将本游戏从事商业用途;请参照以下之联络数据;
. 就本游戏之全体或部分,进行逆向工程、取得来源码、修改、反译、拆解,或制造本游戏或任何在线部分之衍生物;
. 移除、解除、削减任何游戏与在线部分内含之产权通知或标签;或
. 在违反适用之美国出口限制或其他法律规章情况下,出口或再出口本游戏或任何复本或改编版。
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2. LIMITED USE LICENSE. The Game is licensed, not sold, to You for use only under the terms of this EULA, unless accompanied by a separate written license agreement, executed by an authorized representative of BNEA, in which case the terms of that separate BNEA license agreement will control over any terms of this EULA. As between BNEA and You, BNEA reserves all rights in any to the Game that are not expressly granted to You in this EULA. Subject to your strict compliance with the terms of this EULA, BNEA grants You a non-exclusive, non-transferable, revocable, limited right and license to access and use one copy of the Game solely for Your personal use, on Your Hardware. Any commercial use of the Game by You is strictly prohibited. To access and use the Game, you must have legally obtained the Game from BNEA and all Hardware and/or third-party products and services required to operate the Game and/or access any online, multi-player, or downloadable portion of the Game that BNEA does not provide. You are responsible for paying all fees, taxes, and other costs You may incur to access and use the Game, including, but not limited to, costs for purchasing or maintaining Your Hardware, Your Internet service, and any other third-party products or services required to access any multi-player, online, or downloadable portions of the Game. Neither this EULA nor Your access to or use of the Game entitles You to any future releases of the Game or any expansions, sequels, or similar or ancillary products. You have no interest, monetary or otherwise, in any feature or content contained in or relating to the Game.
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4.保全措施/保护。
您若打算完整使用本游戏,或须采取特定保全措施,包括但不限于以产品序号注册游戏、必须持续连接上网,以及/或接受保安/数字权利管理功能。未能采取保全措施可能会导致本游戏部分或完全无法使用。
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3. OWNERSHIP. All intellectual property rights in and to the Game (including, but not limited to such rights in any video, audio, and other content incorporated therein or subsequently downloaded) and all title and interest to any and all copies thereof are owned exclusively by BNEA and/or its licensors and You receive no right or interest therein, except for the limited licenses expressly provided herein. Without limiting the foregoing, You are expressly prohibited from:
• Copying the Game (except for making a single backup copy);
• Selling, renting, leasing, licensing, sublicensing, distributing, or otherwise transferring or making the Game available to any other person, in whole or in part
• Using the Game or any part thereof in any commercial context, including, but not limited to, on a commercial website or in a service bureau, “cyber café,” computer gaming center, or any other commercial location in which a user may access or use the Game or the Game’s elements who has not purchased or been authorized by BNEA;
• Reverse engineering, deriving source code, modifying, decompiling, disassembling, or creating derivative works of the Game or any portion thereof, in whole or in part;
• Removing, disabling, or circumventing any proprietary notices or labels contained on or in the Game or any online portion thereof; or
• Exporting or re-exporting the Game or any copy or adaptation thereof, directly or indirectly, in violation of any U.S. laws, including without limitation any applicable export restrictions.
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5.在线行为
5.1 BNE ASIA不会预先过滤可能张贴于在线交谈之内容,也不会就使用者与本游戏发表之内容负责。
BNE ASIA不会就未能移除,或延后移除内容而承担任何责任。然而我们保留移除或要求第三方服务提供商移除我们因任何原因认为令人反感内容之权利。其决定完全根据我们的判断,且为最终决定。若BNE ASIA反对您所张贴之内容,BNE ASIA可能就其独立判断(由BNE ASIA决定或适用于第三方服务提供商之要求)采取下列措施:(i) 移除内容; (ii)给予警告; (iii) 在您犯规时限制您进入; (iv) 未经通知便暂停或终止您的使用。此外,若您在在线的行为违反本协议,或侵犯任何第三方知识产权,或我们无法确认或认证您提供给我们的资料,BNE ASIA或根据其独立判断,立即终止本协议之一部分,且不另行通知。若我们因此等状况终止本协议,您将失去存取本游戏任何在线部分之管道。
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4. VIRTUAL ITEMS, VIRTUAL CURRENCY, AND PURCHASED VIRTUAL CURRENCY
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5.2 阁下同意将为使用本游戏负起个人责任,您所有与游戏相关之通讯与活动,包括您贡献之内容,您同意赔偿因您与游戏相关之行为而导致之责任与伤害,且不使BNE ASIA与其授权者、各个伙伴、关连企业、承包商、官员、董事、雇员与代理商蒙受损失。
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4.1. Through the Game, BNEA may offer You the ability to earn a limited license to virtual goods and services made available by BNEA in the Game (collectively, “Virtual Items”) and/or virtual currency (“Virtual Currency”) in exchange for performing or forbearing from performing certain in-Game tasks. If BNEA offers the ability to earn such licenses, upon completion of all required in-Game tasks, BNEA hereby grants You a non-exclusive, non-transferable, revocable, limited right and license to such Virtual Items or Virtual Currency within the Game, as applicable, strictly for Your personal, non-commercial use exclusively in the Game, subject to the terms of this EULA and Your compliance therewith.
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5.3 若您违反本协议,BNE ASIA保留未预先告知,即暂停您存取游戏之权利。您(或其他使用阁下账户者)若从事下列行为,将违反本协议:
. 年龄未满18岁。
. 张贴、传送、推广、散布违反任何法规之内容。
. 骚扰、威胁、羞辱,或从事任何非其他使用者所愿之事。
. 传送或协助散布具伤害性、滥用、种族歧视、粗俗、性露骨、诽谤、侵权、侵犯个人隐私或公开权,或在合理个人观点下视为反感之内容。绝不容忍仇恨言论。
. 违反BNE ASIA随时公布之规定。
. 宣传或鼓励任何非法活动,包括黑客。
. 公开自己或他人个人资料。
. 假扮任何人物或团体,包括任何BNE ASIA管理层、论坛板主、管理员、雇员或代理商,或假称与假装阁下与其他个人或团体之关系。
. 阻止或干扰本游戏,或游戏与对话之正常进行,或使用粗俗言词、滥用、使用过多喊叫(全部大写字)、「垃圾发言」,或其他干扰或有害之方法,试图干扰其他使用者。
. 作弊或使用未经授权之游戏相关手法。
. 使用缺陷、错误,或设计失误,以取得未经授权的游戏管道,或取得对其他使用者不公平之优势。
. 交易、销售、拍卖,或转移任何虚拟对象或任何游戏外性质之商品。
. 使用游戏时,违反任何适用法律,包括但不限于版权与商标、法规与规定。这包括使用第三方技术与内容之规定、互动服务供货商之规定、适用之联邦、州、地方与外国法律。不懂法律并非借口。
. 做出任何干扰其他使用者根据规定去享受游戏之能力的行为,或是导致BNE ASIA或第三方服务供货商(如适用)为了使所有使用者享受游戏,维护游戏之支出或困难大幅增加之行为。
. 蓄意在在线游戏中断网络,或允许不断被特定玩家打败,以提高其排名或获胜次数之行为。
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4.2. BNEA may also offer You the ability to purchase a limited license to certain Virtual Currency (“Purchased Virtual Currency”) through the Game and Hardware via an eStore operated by STEAM®. All Purchased Virtual Currency shall be subject to the Subscriber Agreement and/or any other terms set forth by Valve Corporation, and are final, not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Except for the purchase price of Purchased Virtual Currency, You will not be charged any fees for the access, use, or non-use of Purchased Virtual Currency or Virtual Items.
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6.伤害限制
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4.3. You may only use Virtual Items, Virtual Currency, and Purchased Virtual Currency in the Game and such Virtual Items, Virtual Currency, and Purchased Virtual Currency are not redeemable for money or monetary value from BNEA or any other person or entity, except as otherwise required by applicable law. Virtual Items, Virtual Currency, and Purchased Virtual Currency do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither BNEA nor any other person or entity has any obligation to exchange Virtual Items, Virtual Currency, or Purchased Virtual Currency for anything of value, including, but not limited to, real currency. You acknowledge and agree that BNEA may engage in actions that may impact the perceived value of Virtual Items, Virtual Currency, or Purchased Virtual Currency at any time, except as prohibited by applicable law. All Virtual Items, Virtual Currency, and Purchased Virtual Currency will be subject to the same age rating as the Game.
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6.1 在适用法律允许之最大范围内,BNE ASIA、其母公司、子公司、供货商或授权者或其个别董事、管理层、雇员、承包商,或代理商均不应为任何因持有、使用或无法使用本游戏,或为能提供支持服务,而产生之特别、意外、间接、可仿效、惩罚性或后续伤害而负责,即使一方已经知晓此等伤害之可能性。无论责任理论、是否为诈欺、假扮、违反合约、忽略、个人伤害、产品责任、侵犯知识产权,或其他任何理论,此限制均适用之。无论如何,BNE ASIA与其授权者根据本合约之全部责任,应以实际购买此游戏之金额为限。
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4.4. Except as otherwise prohibited by applicable law, BNEA, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Virtual Items or Virtual Currency without notice or liability to You.
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6.2 BNE ASIA与其授权者不承诺或保证,本游戏可妥善运作。阁下了解并同意BNE ASIA与其授权者不为以下事项负责:(1)任何影响阁下进入或使用本游戏之病毒或其他使之无效之功能,(2) 游戏与其他服务、游戏与硬件不兼容,或 (3) 任何于开始游戏、进行,或完成与游戏相关之传输与交易时,所发生之延迟或错误,导致未能正确或实时执行。游戏与其他服务均以「原状」提供。除非于此或游戏所附之有限保证书中另有所述,BNE ASIA与其授权商及供货商明确声明所有保证或任何种类之条件,无论为明言或暗示或法定,包括但不限于,暗示之权利担保、非侵权、可销售性与针对特定目的之适用性 。 就任何在线、多人玩家,或游戏下载部分,或任何特定服务器之持续营运或可用性,BNE ASIA不保证持续无错误、安全或无病毒之运作。
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4.5. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Virtual Items, Virtual Currency, or Purchased Virtual Currency except as may be permitted in the Game and as expressly permitted by BNEA. Except as otherwise prohibited by applicable law, BNEA reserves and retains all rights, title, and interest in and to the Virtual Items, Virtual Currency, and Purchased Virtual Currency.
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6.3 BNE ASIA不因任何无法抗力之因素所造成之延迟或错误负责。此外,BNE ASIA无法亦不会保证或确保您随时可以取得在线、多人玩家、或游戏可下载部分,而您无法取得上述项目之部分的时间亦可能甚长。
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4.6. The licenses granted hereunder to Virtual Items, Virtual Currency, and Purchased Virtual Currency will terminate upon termination of this EULA and as otherwise provided herein; provided, however, that, in BNEA’s sole discretion, BNEA may make Virtual Items, Virtual Currency, or Purchased Virtual Currency available to You in Your account solely for use in the commercial version of the Game.
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7.终止/暂停提供服务。BNE ASIA保留根据独立,终止或暂停您存取游戏之权利。若BNE ASIA终止或暂停您存取游戏,您将会(i)在终止您存取游戏,及/或暂停游戏时,无法存取您的游戏,且/或(ii)失去游戏进行中的所有项目余额、点数、角色。若游戏遭到终止,您必须销毁所有游戏复本与内容部分。
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5. 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 continuous access to the Internet, and/or the acceptance of certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair Your use of the Game.
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8.隐私。BNE ASIA尊重您的隐私权,并承诺保护您的个人资料。任何您于在线,或透过任何万代南梦宫控制之网站提供给BNE ASIA之个人资料均受到 https://www.bandainamcoent.com.au/所公告之隐私政策保护。尽管隐私政策内已述,若您使用任何在线服务,例如在线支付,或下载、上传内容,BNE ASIA与关连企业亦或收集、使用、储存、传送、公开展示与游戏进行相关统计数据(包括分数、排名、成就),或标明阁下所创造并与其他玩家分享之内容。
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6. PRIVACY. BNEA respects your privacy rights. Any personal information supplied by you to BNEA online or via any BNEA-controlled website will be subject to the privacy policy posted at: https://www.bandainamcoent.com/privacy. Notwithstanding what is stated in the applicable privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNEA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings, ID, play log, play data (level, item), specifications of local machines, trophies, and residence regions), or identify content that is created and shared by you with other players.
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9.禁令。由于本协议若未具体执行,BNE ASIA将蒙受不可挽回之损失,阁下同意BNE ASIA与/或其授权者应有权,在不受到限制、其他安全或损失防护影响下,享有就违反本协议部分之适当补偿,以及其他BNE ASIA根据适用法律得享有之其他补偿。
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7. USER-GENERATED CONTENT. In exchange for access to and use of the Game and to the extent that You create content through access to and use of the Game (“User-Generated Content”), You hereby grant BNEA an exclusive, perpetual, irrevocable, royalty-free, fully transferable, and sub-licensable worldwide right and license to use User-Generated Content 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 BNEA’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license granted to BNEA, and the above waiver of any applicable moral rights, shall survive any termination of this EULA.
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10.赔偿。您同意赔偿阁下直接或间接之行动,与未根据本协议条款而使用游戏之举,所造成之任何伤害、损失,或支出,并保护且不使BNE ASIA与其授权者、各个伙伴、关连企业、承包商、官员、董事、雇员与代理商蒙受损失。
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8. ONLINE CONDUCT.
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11.适用法律与辖区。本协议应根据新加坡法律解读并受其管治。
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8.1. BNEA does not pre-screen content of postings or online chats in the Game and does not assume any responsibility or liability for User-Generated Content. BNEA does not assume any liability for any failure to remove, or any delay in removing, User-Generated Content. Without limiting any of its other rights and remedies under this EULA or applicable law, if BNEA objects to any User-Generated Content for any reason, BNEA, in its sole discretion may (either itself or, if applicable, by request to a third-party service provider): (a) remove the User-Generated Content; (b) give warnings to applicable persons; and/or (c) restrict, suspend, or terminate access to and use of the Game without any notice or liability.
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12.杂项。若本协议内任何条文被视为无效或无法执行,此等条文应删除之,其余条文应继续有效并执行之,无效或无法执行之条文视为不存在。BNE ASIA未就阁下或他人违约事项采取行动,并未褫夺其就后续或类似违约事项采取行动之权利。您不得指派或转移此协议或您因此取得之权利,从事此等行为之意图亦为无效。本协议详述阁下与BNE ASIA间之了解与共识,包含所有协议事项。
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8.2. You agree that You will be personally responsible for Your access to and use of the Game, and for all of Your communication and activity in connection with the Game, including any User-Generated Content.
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13.与其他使用条款之关系。本协议适用于所有在线服务、内容、游戏、产品,并可能结合更多针对游戏使用之条款。若本协议与针对游戏使用之条款文件有所矛盾冲突,以本协议为准(除非于针对游戏之使用条款另有说明)。
若您有任何关于本许可之疑问,请透过 https://www.bandainamcoent.eu/support,或BANDAI NAMCO Entertainment Asia Pte Ltd, 298 Tiong Bahru Road, Central Plaza #11-01/02 Singapore 168730,联络BNE ASIA。
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8.3. In connection with Your communication and activity with the Game, You agree not to:
• Harass, threaten, embarrass, or do anything else to another user of the Game that is unwanted, as determined by BNEA in its sole discretion.
• 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 objectionable, as determined by BNEA in its sole discretion. Hate speech is not tolerated.
• Violate any terms or policies communicated by BNEA from time to time.
• Promote or encourage any illegal activity, including hacking.
• Disclose Your own or other users’ personal information to third parties.
• Impersonate any person or entity, including any BNEA 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, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods in an attempt to disturb other users of the Game.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to or use of the Game or to gain an unfair advantage over other players of the Game.
• Violate any applicable laws including, but not limited to, by posting, transmitting, promoting, or distributing content that violates any applicable law or regulation.
• Violate any 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 BNEA or the third-party service provider (if applicable) in maintaining the Game for the enjoyment of all its users.
• Intentionally disconnect from the network during online play or allow Yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game.
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9. LIMITATION ON DAMAGES.
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9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNEA, ITS SUPPLIERS, ITS LICENSORS, OR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS THEREOF, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION OF, ACCESS TO, 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. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILTY OF BNEA, ITS SUPPLIERS, ITS LICENSORS, AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS THEREOF, FOR ANY AND ALL DAMAGES UNDER THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO DOWNLOAD A SINGLE COPY OF THE GAME.
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9.2. BNEA AND ITS SUPPLIERS AND LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNEA AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME; (B) ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE; OR (C) 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 MIGHT BE DESCRIBED HEREIN, BNEA 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. BNEA does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server. Some countries/regions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to You.
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9.3. BNEA is not liable for any delay or failure to perform resulting from any causes beyond its reasonable control. Further, BNEA 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.
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10. TERMINATION/SUSPENSION.
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10.1. This EULA is effective upon Your agreement to be bound by its terms and remains in effect until terminated by You or BNEA. 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.
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10.2. Except as otherwise prohibited by applicable law, BNEA 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.
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10.3. Without limiting any other rights of BNEA, if You fail to comply with the terms and conditions of this EULA, BNEA retains the right, in its sole discretion, to immediately limit, suspend, or terminate Your access to and/or use of the Game.
10.4. 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.
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10.5. The termination of this EULA will not affect BNEA’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.
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11. U.S. GOVERNMENT RESTRICTED RIGHTS. The Game has been developed entirely at private expense and is provided as a “Commercial Computer Game” or “restricted computer Game.” Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Game clauses in DFARS 252.227-7013 or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Game Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is BANDAI NAMCO Entertainment Inc., 4-5-15 Higashi Shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan.
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12. INJUNCTION. Because BNEA would be irreparably damaged if the terms of this EULA were not specifically enforced, You agree that BNEA and/or its licensors and suppliers shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as BNEA may otherwise have under applicable law.
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13. INDEMNITY. You agree to indemnify, defend, and hold harmless BNEA, its licensors, its suppliers, and each of their respective officers, directors, employees, and agents from all damages, losses, and expenses, including reasonable attorneys’ fees, arising, directly or indirectly, from any violation of this EULA by You or from Your acts and omissions to act in using the Game. BNEA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You.
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14. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER.
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14.1. To the extent permitted by law, You and BNEA agree to make reasonable, good faith efforts to informally resolve any dispute or claim between You and BNEA and, before initiating any action or arbitration, the party seeking to raise such dispute or claim shall send to the other party a written notice describing the nature and basis of such dispute or claim and identifying the relief sought. All such written notices to BNEA must be sent via first class mail to: ATTN: Legal & Business Affairs Department, BANDAI NAMCO Entertainment America Inc., 2051 Mission College Boulevard, Santa Clara, California 95054, USA.
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14.2. If You and BNEA do not agree to resolve such dispute or claim within thirty (30) days after such written notice is received, the party seeking to raise such dispute or claim may initiate an action or arbitration as permitted by this EULA. Arbitration is a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to very limited review by courts.
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14.3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BNEA ACKNOWLEDGE AND AGREE: (A) TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THIS EULA, OR YOUR ACCESS TO OR USE OF THE GAME (EACH, A “CLAIM”); (B) TO IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (C) NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (D) NOT TO SEEK TO CONSOLIDATE OR COMBINE ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST YOU WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS EULA.
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14.4. Notwithstanding the foregoing, the terms of this EULA will not prevent You from bringing any dispute or claim that may be subject to Subsection 14.3, to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from BNEA on Your behalf, or from bringing any claim before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
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14.5. The procedure for arbitration of any Claim subject to Subsection 14.3 will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at http://www.adr.org. Notwithstanding the foregoing, You and BNEA agree that arbitration of any such Claim may be conducted in English, and permit the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location.
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14.6. If You seek $10,000 or less, BNEA agrees to reimburse Your filing fee and Your share of the arbitration costs, including Your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines Your claims are frivolous or costs are unreasonable as determined by the arbitrator. BNEA agrees not to seek its attorneys’ fees or costs in arbitration unless the arbitrator determines Your claims are frivolous or costs are unreasonable as determined by the arbitrator. If You seek more than $10,000, the arbitration costs, including arbitrator compensation, will be borne equally by the parties pursuant to the AAA’s Commercial Arbitration Rules and, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes.
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14.7. YOU AND BNEA AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and BNEA also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this EULA and all other actions or arbitrations.
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14.8. If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action, or collective arbitration should be found illegal or unenforceable, you and BNEA agree that it shall not be severable, that this entire Section shall be unenforceable, and any claim or dispute would be resolved in court and not in collective arbitration.
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14.9. Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
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14.10. This Section shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section, notwithstanding Section 15 (Governing Law), such provisions will not apply to you.
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15. GOVERNING LAW. Any dispute not subject to arbitration, or where no election to arbitrate has been made, will be decided by the state or federal court located in Santa Clara County, California, and you and BNEA agree to submit to the personal jurisdiction of that court. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of California and the United States of America, without regard to choice of law or conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
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16. MISCELLANEOUS. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will remain in effect and be enforced as if the invalid or unenforceable provision were not contained in the EULA. BNEA’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. To the extent permitted by applicable law, you may not assign or transfer this EULA or Your rights, and any attempt to the contrary is void. This EULA sets forth the entire understanding and agreement between BNEA and You with respect to the subject matter.
If You have any questions concerning this EULA, You may contact BANDAI NAMCO Entertainment America Inc.’s customer service at https://www.bandainamcoent.com/support or at BANDAI NAMCO Entertainment America Inc., 2051 Mission College Boulevard, Santa Clara, California 95054, USA.
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GOD EATER™2 RAGE BURST&©2015 BANDAI NAMCO ENTERTAINMENT INC.
END USER LICENSE AGREEMENT (“EULA”)
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IMPORTANT - READ CAREFULLY:
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This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of the Game (as defined hereunder) after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
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THE BANDAI NAMCO ENTERTAINMENT VIDEO GAME 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 A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO ENTERTAINMENT EUROPE (""BNEE""). 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.
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The God Eater 2 Rage Burst Version, including without limitation any multi-player, online or downloadable portions thereof (the “Game”) is protected by the copyright laws of France, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership to 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.
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1. PRECONDITIONS OF THE LICENSE. The licenses granted in this EULA are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
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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;
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b. You agree to and comply with all of the terms stipulated by Steam which is evidenced by your use of the Game; any violation of the Steam terms will be considered a violation of this EULA;
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c. 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.);
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d. You access and use the Game only on a single home video game entertainment system, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
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e. You do not use 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.
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2. LIMITED USE LICENSE. BNEE 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, 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, or to any expansions, sequels, or similar or ancillary products. BNEE may, in its sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNEE 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 BNEE at its discretion and may be terminated or otherwise discontinued by BNEE at any time without notice.
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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 BNEE or its licensors, and you receive no right or interest therein except for the limited licenses expressly provided herein.
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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. BNEE 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 E.U. export restrictions or other laws or regulations.
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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.
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5. 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 BNEE 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 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, and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA
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6. ONLINE CONDUCT.
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6.1 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.
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6.2 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.
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6.3 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:
• You are not twelve (12) years or older.
• Post, transmit, promote, or distribute content that violates any law or regulation.
• 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 rules 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.
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7. LIMITATION ON DAMAGES.
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7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNEE, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, 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, BNEE'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.
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7.2 BNEE AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNEE 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, BNEE 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. BNEE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions of the Game or continued operation or availability of any given server.
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7.3 BNEE 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 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.
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8. TERMINATION/SUPSENSION OF SERVICE.
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8.1. 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.
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8.2. 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.
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8.3. 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.
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8.4. 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.
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8.5. 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.
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9. PRIVACY. BNEE respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you to BNEE online or via any BNEE controlled website will be subject to the privacy policy posted at http://www.bandainamcoent.eu/pivacy-policy. 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, BNEE 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.
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10. INJUNCTION. Because BNEE would be irreparably damaged if the terms of this agreement were not specifically enforced, 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.
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11. 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.
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12. 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.
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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. 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.
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14. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be incorporated in to 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).
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If you have any questions concerning this license, you may contact BNEE through BNEE customer service at www.bandainamcoent.eu or BANDAI NAMCO Entertainment Europe, 49-51, rue des Docks – CS 90618 – 69258 Lyon Cedex 09 – France.
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Terms and Conditions
BANDAI NAMCO ENTERTAINMENT ASIA PTE LTD
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GOD EATER™2 RAGE BURST
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END USER LICENSE AGREEMENT (“EULA”)
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IMPORTANT - READ CAREFULLY:
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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.
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THE BANDAI NAMCO ENTERTAINMENT’S VIDEO GAME 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.
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The GOD EATER™2 RAGE BURST game, 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.
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1. PRECONDITIONS OF THE LICENSE. The grant of license as set forth in Section 2 below is specifically conditioned upon the following:
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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;
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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.);
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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
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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.
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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.
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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 BNG ASIA or its licensors, and you receive no right or interest therein other than the limited license in Section 2 hereof.
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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. BNG 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 Singapore export restrictions or other laws or regulations.
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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.
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5. ONLINE CONDUCT.
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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.
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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.
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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:
• You are not eighteen (18) years or older.
• 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.
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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.
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7. LIMITATION ON DAMAGES.
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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.
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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 [email protected] or BNE ASIA, 298 Tiong Bahru Road, Central Plaza #11-01/02 Singapore 168730.