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END-USER LICENSE AGREEMENT (EULA)
ASSETTO CORSA COMPETIZIONE END USER LICENSE AGREEMENT (EULA)
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SOFTWARE PRODUCT. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND KUNOS SIMULAZIONI SRL FOR ASSETTO CORSA COMPETIZIONE, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT ACCESS, INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE PRODUCT. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, CLICK “DISAGREE/DECLINE”.
2. OWNERSHIP
It is hereby understood and agreed that KUNOS Simulazioni Srl, a company organized under the laws of Italy, with offices at Via degli Olmetti 39/B, Formello, Italy (Licensor) and/or one of its affiliates around the world, is the owner of and/or controls all applicable rights, title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by KUNOS for use only under the terms of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to KUNOS's and its licensors' intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this EULA will govern any software upgrades provided by KUNOS that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package (if any);
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art Work");
4. Related explanatory written materials and instructions, and any other possible documentation related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the "Upgrades"), if any, licensed to by KUNOS under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. KUNOS grants you a non-exclusive, non-transferable, personal, revocable End-User license right to access the Software Product via an on-demand online service and/or install the Software Product on the local hard disk(s) or other permanent storage media of one (1) computer and use the Software Product on a single computer or terminal at a time. Any other use is forbidden without prior written consent of KUNOS Games or its affiliated companies: in particular, but not limited to, the unauthorised lease or rental, public use or other display, e.g. in schools or universities, duplication, multiple installations or overwriting.
B. Unless provided otherwise in the Documentation or by prior express written consent of KUNOS, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any Intellectual Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to KUNOS.
C. You shall not, without KUNOS's express written consent:
1. Copy or reproduce the Software Product;
2. Store the software, in whole or partially, for commercial or private use, as security or backup copy, or for archiving purposes under any circumstance, unless otherwise stated by law;
3. Electronically transfer the Software Product through a LAN (local area network) or other network system or "bulletin board" systems; or
4. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at KUNOS's sole discretion, KUNOS may provide you with support services related to the Software Product ("Support Services"). KUNOS reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this EULA and KUNOS's Policies and Guidelines, Privacy Policy available for download and viewing on the KUNOS Corporate Web Site .
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. KUNOS retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by KUNOS. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to KUNOS and shall be deemed the confidential information of KUNOS.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to other sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
E. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the EULA.
F. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY KUNOS.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including but not limited to postings, screenshots, user generated artwork, or other content that can be viewed by others (“User-Generated Content”). You agree that neither KUNOS, nor any first party platform provider, on which you access and/or use the Software Product, is liable for User-Generated Content that is provided by others. KUNOS has no duty to pre-screen User-Generated Content, but KUNOS has the right to refuse to post, edit, or deliver submitted User-Generated Content. KUNOS reserves the right to remove User-Generated Content for any reason, but KUNOS is not responsible for any failure or delay in removing such material. KUNOS reserves the right to block any user’s access to any content, website or webpage that KUNOS provides in our sole discretion.
B. You represent that you have the right to post any User-Generated Content which you post to and/or in relation to the Software Product, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. In exchange for use of the Software Product, you hereby grant KUNOS and/or the platform manufacturer upon which you access and/or use the Software Platform, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Please consider carefully your player conduct and note that KUNOS does not condone the following behaviors, in particular:
Any offensive behavior directed toward or about other individuals or groups of people
Any unlawful or illegal behavior or actions
Any attempt to mislead, trick or exploit others or the impersonation of other people
Any infringement of another person or company’s intellectual property or other rights
Any racist, sexist, homophobic or other discriminatory practices
Any bullying or abuse of others
Any attempts or actions to damage KUNOS’s or another person or company’s reputation
Any pornographic materials
Any advertising or self-promotion
8. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from KUNOS if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by KUNOS to affect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.
9. INTELLECTUAL PROPERTY RIGHTS
A. KUNOS shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges KUNOS's exclusive rights in the Software Product and that the Software Product is unique and original to KUNOS and that KUNOS is owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, KUNOS's exclusive right and title to the Software Product or the validity thereof.
C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of any of the Software Product.
10. ANALYTICS; CONSENT TO USE OF DATA
To facilitate product support, product development and improvement as well as provide other services to you, KUNOS and other third parties may use certain cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding users, all in line with applicable laws and pursuant to our Privacy Policy. These third parties may collect such information as your anonymous user ID, some hardware details, the country you are playing in along with in-game location and crafted items, and KUNOS may further use certain third party service providers [e.g., DeltaDNA (You will find more information about the privacy practices of DeltaDNA on the privacy statement of DeltaDNA, which you can find from , EasyAntiCheat (You will find more information about the privacy practices of Easy Anti-Cheat on the privacy statement of Easy Anti-Cheat, which you can find from , etc.] which use client software integrated in the Software Product, for the purpose, without limitation, of detecting cheating or unauthorized malicious programs and/or other analytic activities. This information is gathered to enable KUNOS to update and improve the gameplay experience.
Provided you access the Software Product through Valve’s Steam service, your use of the Software Product 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.
Please note that KUNOS is using the Kamu Game Security service (“Easy Anti-Cheat”), which is operated by a third-party service provider offering services to KUNOS. Easy Anti-Cheat has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit Easy Anti-Cheat is monitoring the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose Easy Anti-Cheat is storing information regarding cheating methods used in the Game (“Data”). The Data will contain your personal data as described in of the privacy statement of Easy Anti-Cheat. By installing, copying, or otherwise using this Software Product, you give your consent that Easy Anti-Cheat may gather, store, share and publish Data for the sole purpose of the Purpose. You also acknowledge and agree that the processing activities of Easy Anti-Cheat include automated decision-making which may have significant effects to you as you may be banned from the game if you have been found to be cheating in it. The Data will be used solely for the Purpose including but not limited to identifying and banning player accounts which are used for cheating in computer games, analyzing cheating behavior and cheating codes, as well as sharing data about cheats with affiliates of Easy Anti-Cheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of Easy Anti-Cheat.
If you deny Easy Anti-Cheat to process your personal data in accordance with the said privacy statement or request Easy Anti-Cheat to remove or delete your personal data, the Publisher, Easy Anti-Cheat or a third party (appointed by the Publisher or Easy Anti-Cheat) has a right to block your access to the Game and prevent your use of the Game.
For more information regarding the collection, use and distribution of personal information and other analytic data by KUNOS and/or any third party acting on its behalf as a data collector, please review our Privacy Policy. The Privacy Policy is published on the following Website: . For clarity, you understand and agree that we may collect, use and disclose information as described and/or limited under said Privacy Policy.
Please note that all of your personal data will be treated in accordance to the requirements of Regulations (EU) 2016/679 (the General Data Protection Regulations or “GDPR”) as reflected in our Private Policy.
Personal data in the European Union is protected by data protection laws but other countries do not necessarily protect your personal information in the same way. Our Websites and some of our applications or services or parts of them may also be hosted in the United States or otherwise outside of the EEA (“EEA”) and this means that we may transfer any personal data which is submitted by you through the Websites or the Games outside the EEA to the United States or to other territories outside of the EEA. We may use service providers located outside of the EEA to help us provide our Websites and Games to you and this means that we may transfer your personal data to service providers outside the EEA for the purpose of providing our Websites and Games to you.
We take steps to ensure that when your information is transferred outside of the EEA by our service providers and hosting providers, appropriate measures and controls are in place to protect that information in accordance with applicable data protection laws and regulations. By using our Websites or Games, you consent to the transfer of your information outside the EEA in the circumstances set out in this privacy policy. If you do not want your personal data to be transferred outside the EEA you should not use our Websites or Games.
11. U.S. GOVERNMENT END USERS
The Software Product and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. ' 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KUNOS AND KUNOS'S AFFILIATES (COLLECTIVELY REFERRED TO AS "KUNOS" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KUNOS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KUNOS OR A KUNOS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUNOS, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KUNOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KUNOS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, KUNOS'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. INTEGRATION
This EULA, Privacy Policy, Terms of Use, and Steam™ Subscriber Agreement represent the complete agreement between You and KUNOS concerning the license and your rights to use the Software Product, and supersedes all prior agreements and representations, warranties or understandings between You and KUNOS (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this EULA shall remain in full force and not be affected.
16. CONTROLLING LAW
This EULA will be governed by and construed in accordance with the UNIDROIT “Principles of International Commercial Contracts”. In the event of any dispute arising out or in connection with this Agreement, the Parties agree to submit the matter to settlement proceedings under the ICC ADR rules. If the disputes have not been settled within forty-five (45) days following the filing of a Request for ADR or with such other period as the Parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules of Arbitration. The seat of the arbitration court shall be in Paris, and the language of the ADR and arbitration shall be English. Under no circumstances will class action procedures or rules apply to the arbitration.
17. CLASS ACTION WAIVER
YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST KUNOS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
18. Since some of your personal information are required in order to use the game and its online features, you are asked to accept our End User Privacy Policy available at in order to continue installation.
ASSETTO CORSA COMPETIZIONE END USER LICENSE AGREEMENT (EULA)
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SOFTWARE PRODUCT. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND KUNOS SIMULAZIONI SRL FOR ASSETTO CORSA COMPETIZIONE, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT ACCESS, INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE PRODUCT. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, CLICK “DISAGREE/DECLINE”.
2. OWNERSHIP
It is hereby understood and agreed that KUNOS Simulazioni Srl, a company organized under the laws of Italy, with offices at Via degli Olmetti 39/B, Formello, Italy (Licensor) and/or one of its affiliates around the world, is the owner of and/or controls all applicable rights, title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by KUNOS for use only under the terms of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to KUNOS's and its licensors' intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this EULA will govern any software upgrades provided by KUNOS that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package (if any);
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art Work");
4. Related explanatory written materials and instructions, and any other possible documentation related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the "Upgrades"), if any, licensed to by KUNOS under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. KUNOS grants you a non-exclusive, non-transferable, personal, revocable End-User license right to access the Software Product via an on-demand online service and/or install the Software Product on the local hard disk(s) or other permanent storage media of one (1) computer and use the Software Product on a single computer or terminal at a time. Any other use is forbidden without prior written consent of KUNOS Games or its affiliated companies: in particular, but not limited to, the unauthorised lease or rental, public use or other display, e.g. in schools or universities, duplication, multiple installations or overwriting.
B. Unless provided otherwise in the Documentation or by prior express written consent of KUNOS, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any Intellectual Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to KUNOS.
C. You shall not, without KUNOS's express written consent:
1. Copy or reproduce the Software Product;
2. Store the software, in whole or partially, for commercial or private use, as security or backup copy, or for archiving purposes under any circumstance, unless otherwise stated by law;
3. Electronically transfer the Software Product through a LAN (local area network) or other network system or "bulletin board" systems; or
4. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at KUNOS's sole discretion, KUNOS may provide you with support services related to the Software Product ("Support Services"). KUNOS reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this EULA and KUNOS's Policies and Guidelines, Privacy Policy available for download and viewing on the KUNOS Corporate Web Site .
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. KUNOS retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by KUNOS. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to KUNOS and shall be deemed the confidential information of KUNOS.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to other sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
E. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the EULA.
F. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY KUNOS.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including but not limited to postings, screenshots, user generated artwork, or other content that can be viewed by others (“User-Generated Content”). You agree that neither KUNOS, nor any first party platform provider, on which you access and/or use the Software Product, is liable for User-Generated Content that is provided by others. KUNOS has no duty to pre-screen User-Generated Content, but KUNOS has the right to refuse to post, edit, or deliver submitted User-Generated Content. KUNOS reserves the right to remove User-Generated Content for any reason, but KUNOS is not responsible for any failure or delay in removing such material. KUNOS reserves the right to block any user’s access to any content, website or webpage that KUNOS provides in our sole discretion.
B. You represent that you have the right to post any User-Generated Content which you post to and/or in relation to the Software Product, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. In exchange for use of the Software Product, you hereby grant KUNOS and/or the platform manufacturer upon which you access and/or use the Software Platform, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Please consider carefully your player conduct and note that KUNOS does not condone the following behaviors, in particular:
Any offensive behavior directed toward or about other individuals or groups of people
Any unlawful or illegal behavior or actions
Any attempt to mislead, trick or exploit others or the impersonation of other people
Any infringement of another person or company’s intellectual property or other rights
Any racist, sexist, homophobic or other discriminatory practices
Any bullying or abuse of others
Any attempts or actions to damage KUNOS’s or another person or company’s reputation
Any pornographic materials
Any advertising or self-promotion
8. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from KUNOS if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by KUNOS to affect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.
9. INTELLECTUAL PROPERTY RIGHTS
A. KUNOS shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges KUNOS's exclusive rights in the Software Product and that the Software Product is unique and original to KUNOS and that KUNOS is owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, KUNOS's exclusive right and title to the Software Product or the validity thereof.
C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of any of the Software Product.
10. ANALYTICS; CONSENT TO USE OF DATA
To facilitate product support, product development and improvement as well as provide other services to you, KUNOS and other third parties may use certain cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding users, all in line with applicable laws and pursuant to our Privacy Policy. These third parties may collect such information as your anonymous user ID, some hardware details, the country you are playing in along with in-game location and crafted items, and KUNOS may further use certain third party service providers [e.g., DeltaDNA (You will find more information about the privacy practices of DeltaDNA on the privacy statement of DeltaDNA, which you can find from , EasyAntiCheat (You will find more information about the privacy practices of Easy Anti-Cheat on the privacy statement of Easy Anti-Cheat, which you can find from , etc.] which use client software integrated in the Software Product, for the purpose, without limitation, of detecting cheating or unauthorized malicious programs and/or other analytic activities. This information is gathered to enable KUNOS to update and improve the gameplay experience.
Provided you access the Software Product through Valve’s Steam service, your use of the Software Product 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.
Please note that KUNOS is using the Kamu Game Security service (“Easy Anti-Cheat”), which is operated by a third-party service provider offering services to KUNOS. Easy Anti-Cheat has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit Easy Anti-Cheat is monitoring the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose Easy Anti-Cheat is storing information regarding cheating methods used in the Game (“Data”). The Data will contain your personal data as described in of the privacy statement of Easy Anti-Cheat. By installing, copying, or otherwise using this Software Product, you give your consent that Easy Anti-Cheat may gather, store, share and publish Data for the sole purpose of the Purpose. You also acknowledge and agree that the processing activities of Easy Anti-Cheat include automated decision-making which may have significant effects to you as you may be banned from the game if you have been found to be cheating in it. The Data will be used solely for the Purpose including but not limited to identifying and banning player accounts which are used for cheating in computer games, analyzing cheating behavior and cheating codes, as well as sharing data about cheats with affiliates of Easy Anti-Cheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of Easy Anti-Cheat.
If you deny Easy Anti-Cheat to process your personal data in accordance with the said privacy statement or request Easy Anti-Cheat to remove or delete your personal data, the Publisher, Easy Anti-Cheat or a third party (appointed by the Publisher or Easy Anti-Cheat) has a right to block your access to the Game and prevent your use of the Game.
For more information regarding the collection, use and distribution of personal information and other analytic data by KUNOS and/or any third party acting on its behalf as a data collector, please review our Privacy Policy. The Privacy Policy is published on the following Website: . For clarity, you understand and agree that we may collect, use and disclose information as described and/or limited under said Privacy Policy.
Please note that all of your personal data will be treated in accordance to the requirements of Regulations (EU) 2016/679 (the General Data Protection Regulations or “GDPR”) as reflected in our Private Policy.
Personal data in the European Union is protected by data protection laws but other countries do not necessarily protect your personal information in the same way. Our Websites and some of our applications or services or parts of them may also be hosted in the United States or otherwise outside of the EEA (“EEA”) and this means that we may transfer any personal data which is submitted by you through the Websites or the Games outside the EEA to the United States or to other territories outside of the EEA. We may use service providers located outside of the EEA to help us provide our Websites and Games to you and this means that we may transfer your personal data to service providers outside the EEA for the purpose of providing our Websites and Games to you.
We take steps to ensure that when your information is transferred outside of the EEA by our service providers and hosting providers, appropriate measures and controls are in place to protect that information in accordance with applicable data protection laws and regulations. By using our Websites or Games, you consent to the transfer of your information outside the EEA in the circumstances set out in this privacy policy. If you do not want your personal data to be transferred outside the EEA you should not use our Websites or Games.
11. U.S. GOVERNMENT END USERS
The Software Product and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. ' 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KUNOS AND KUNOS'S AFFILIATES (COLLECTIVELY REFERRED TO AS "KUNOS" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KUNOS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KUNOS OR A KUNOS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUNOS, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KUNOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KUNOS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, KUNOS'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. INTEGRATION
This EULA, Privacy Policy, Terms of Use, and Steam™ Subscriber Agreement represent the complete agreement between You and KUNOS concerning the license and your rights to use the Software Product, and supersedes all prior agreements and representations, warranties or understandings between You and KUNOS (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this EULA shall remain in full force and not be affected.
16. CONTROLLING LAW
This EULA will be governed by and construed in accordance with the UNIDROIT “Principles of International Commercial Contracts”. In the event of any dispute arising out or in connection with this Agreement, the Parties agree to submit the matter to settlement proceedings under the ICC ADR rules. If the disputes have not been settled within forty-five (45) days following the filing of a Request for ADR or with such other period as the Parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules of Arbitration. The seat of the arbitration court shall be in Paris, and the language of the ADR and arbitration shall be English. Under no circumstances will class action procedures or rules apply to the arbitration.
17. CLASS ACTION WAIVER
YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST KUNOS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
18. Since some of your personal information are required in order to use the game and its online features, you are asked to accept our End User Privacy Policy available at in order to continue installation.