MULTIMEDIA PRODUCT LICENSE AGREEMENT
Please read carefully this agreement (the "Licence") between you (the "User") and NACON ltd ("NACON") carefully before downloading and using the game in any way, including the software, documentation, or any other digital media, and any other materials related to the game (together the "Multimedia Product").
If user is a minor under the age of 15, user may only create an account with NACON, download the media product and subscribe to the license with the consent of at least one parent (or person with parental authority).
If user is a minor over the age of 15, he or she may create an account with NACON, download the multimedia product and purchase the license alone, but his or her parents (or holders of parental authority) may request deletion of the account and termination of the license.
By checking the "I Accept" (click-wrap) box, as well as the start of downloading and/or using the multimedia product in any way, the user accepts the license. If the user does not accept the terms of the license, the user may not download and/or use the multimedia product in any way.
The provisions of this license are subject to the mandatory provisions of the applicable law, which may grant the user specific rights.
1. The Licence
NACON grants the User a non-exclusive and non-transferable license to use the Multimedia Product, allowing him/her to download and use the Multimedia Product for the duration of the legal protection of the copyright, throughout the world, for strictly private use and in accordance with the terms hereof. Under no circumstances is the Multimedia Product sold to the User.
2. Ownership of the Multimedia Product
The License does not confer any right or title to the Multimedia Product, which remains the sole property of NACON. It therefore does not transfer any intellectual property rights relating to the Multimedia Product to the User for any reason whatsoever.
The User acknowledges that all rights relating to the Multimedia Product and its elements (including titles, computer codes, themes, characters, names of characters, plots, stories, dialogues, places, concepts, images, photographs, animations, videos, music and texts incorporated in the Multimedia Product), including any trademark rights, patent, design, model, sui generis right on the databases, copyright, know-how, trade secret and all related claims are the exclusive property of NACON (or its licensors) and are protected by French regulations or other laws, treaties and international agreements relating to intellectual and industrial property.
3. Use of the Multimedia Product
The User is authorized to use the Multimedia Product in accordance with the instructions provided with it. The License is granted for strictly personal and non-commercial use.
The following are prohibited, subject to the mandatory provisions of applicable law (and in particular Article L.122-6-1 of the French Intellectual Property Code) and/or the authorization of NACON (or its licensors):
1 Making of copies of the Multimedia Product and in particular the software it includes (with the exception of a backup copy when this is necessary to preserve the use of the software);
2 Commercial exploitation of the Multimedia Product or any of its constituent parts, in any form whatsoever (sale, transfer, rental, license, leasing, etc.);
3 Use contrary to good morals or the laws in force;
4 Modification of the Multimedia Product or any of its constituent parts or the creation of any derivative work;
5 Modification, circumvention or removal of technical protection measures of the Multimedia Product and its constituent parts and systems of digital rights management related thereto;
6 Correction by the User or by a third party chosen by the User of any errors, anomalies and bugs in the Multimedia Product software;
7 The provision or transmission of the Multimedia Product or any of its constituent elements, by any means and in particular through an electronic communications network (telephone, internet, set top box, connected television, without this list being restrictive);
8 Decompiling, reverse engineering or disassembling the Multimedia Product, even for interoperability purposes;
9 Gathering in-game currency, items, or resources for sale outside of the Multimedia Product;
10 Performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment;
11 Communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Media Product;
12 Organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, NACON's Media Products, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization;
13 Using any unauthorized process or software that intercepts, collects, reads, or "mines" information generated or stored by the Multimedia Product; provided, however, that NACON may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
14 Hosting, providing or developing matchmaking services for the Multimedia Product, or intercepting, emulating or redirecting the communication protocols used by NACON in any way, for any purpose.
The User may not transfer, sell, resell, sub-license, rent or otherwise make available the Multimedia Product acquired by him/her by any means whatsoever (including by way of downloading on an electronic communications network), nor any of its constituent elements (including, where applicable, the activation code associated with the Multimedia Product).
NACON is not obliged to provide the User with updates, upgrades or new versions (hereinafter, "Updates") of the Multimedia Product software. However, in the event that NACON makes an Update available to the User, the User must have a valid license for the previous version in order to use the Update, which shall be provided under the terms of this License. The User further acknowledges that NACON reserves the right, progressively or not, to cease or limit the maintenance of older versions. Therefore, the User agrees to download and use any Update made available in order to fully benefit from the guarantees made by NACON.
5. Effective date - Termination of the License
The License becomes effective upon the first use of the Multimedia Product.
It shall be automatically terminated by NACON without notice in the event of a serious breach of any of its obligations or a breach of any of its essential obligations under the terms and conditions of the License by the User. It is automatically terminated by the User by the destruction and/or uninstallation by the User of the Multimedia Product and all its constituent parts.
6.1 Commercial warranty. NACON has applied all its know-how in the field of interactive entertainment to this Multimedia Product to guarantee the User complete satisfaction and many hours of entertainment.
If, however, within ninety (90) days from the date of purchase of the Multimedia Product, it proves, under normal conditions of use, to be defective or not in compliance with the functional and technical characteristics described in the instructions provided, NACON undertakes to replace the Multimedia Product free of charge if it is available (or, failing that, to reimburse it in full at its purchase value), under the conditions defined below.
In order for the defective copy of the Multimedia Product to be replaced (or, if applicable, refunded), the User must:
1) Contact NACON's technical support. After briefly describing the defect in the Multimedia Product, NACON will confirm whether it is indeed a defect.
2) If this confirmation is given by NACON, NACON shall allow the User to download a new copy of the Multimedia Product at no additional cost (or if necessary, send a new physical copy of the Multimedia Product or return the purchase price as soon as possible).
NACON reserves the right to delete the activation code associated with the Multimedia Product in the event that it is returned by the User under the above conditions.
6.2 Legal guarantees. Independently of the commercial warranty granted above, the User is reminded that the seller of the Multimedia Product remains bound by the applicable legal warranties, and in particular, with regard to consumer Users residing on French territory, of the defects of conformity of the good to the contract and of redhibitory defects under the conditions provided for in Article L.211-4 et seq. of the French Consumer Code, and in Articles 1641 to 1649 of the French Civil Code, respectively. The details of these guarantees are given in Appendix 1.
7. Limitation of warranty
THE MULTIMEDIA PRODUCT IS PROVIDED AS IS AND WITHOUT WARRANTY OTHER THAN THAT PROVIDED IN ARTICLE 6 OF THE LICENSE. In particular, NACON does not guarantee the continuous or error-free operation of the Multimedia Product or the correction of errors.
The User expressly acknowledges that any use of the Multimedia Product that does not comply with the instructions for use, the minimum recommended specifications, and the latest version made available, is at his/her own risk. Therefore, if the defect or non-compliance noted by the User is the result of such improper use, as well as a case of force majeure, none of the guarantees provided for in Article 6 of the License shall be due by NACON.
Within the limits imposed by the applicable law, NACON therefore excludes any warranty regarding the market value of the Multimedia Product, the satisfaction of the User, its suitability for a particular purpose or the absence of infringement.
In no event shall NACON be liable for any indirect, incidental, special, consequential or other damages arising out of (1) the use or inability to use the Multimedia Product, (2) the improper use or malfunction of the Multimedia Product or an older unsupported version, (3) the loss or alteration of any data or information, and/or (4) the loss of any income or business resulting from the possession or use of the Multimedia Product, even if NACON has been advised of the possibility of such damage.
In particular, NACON shall not be held liable for the use of the Multimedia Product contrary to the precautions for use set forth in the instructions for use.
The User assumes all costs of repair and/or correction of the Multimedia Product, as well as all risks related to loss of profits, loss or alteration of data, errors, loss of commercial information or other resulting from the possession of the Multimedia Product or its use.
In any event, NACON's liability shall not exceed the purchase price of the Multimedia Product.
9. First Parties
For SIEA users: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
For SIEE users: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
10. Content generated by the User
The Multimedia Product allows the User to create content and make it available to third parties. In this respect, the User undertakes to comply with all applicable laws and regulations.
In particular, the User undertakes to ensure that the content thus generated does not contain, in whole or in part, representations that:
- Not respecting all applicable laws and regulations;
- Encouraging or glorifying violence. In particular, the content may not represent scenes of violence, torture or mutilation in an outrageous manner;
- Sexual, explicit or not, or tending to provoke sexual excitement. The content may not depict, encourage or glorify violence, pain or humiliation in a sexual context. Content may not depict minors in a sexualized context;
- Of minors in a violent or abusive context;
- Encouraging or glorifying, explicitly or implicitly, the use of drugs, alcohol or tobacco;
- Encouraging, condoning or promoting racial, ethnic, gender, religious, national, physical attributes, or physical or mental disabilities stereotypes;
- Encouraging, condoning or promoting intolerance, discrimination or prejudice against people because of their race, ethnic group, nationality, gender, disability, physical attributes, religion, age or sexual orientation;
- Negative or disrespectful use of religious symbols, beliefs, texts or places of worship;
- Offensive to any person or entity. Content may not include profanity, obscenity, vulgarity, harassment, or any other type of attack on any person or entity. Content may not violate the rights of any person, including their right to privacy;
- Include false, misleading or defamatory information;
- Promoting third party entities;
- Defamatory or disparaging of NACON, or otherwise damaging to its reputation or goodwill;
- Suggesting that the content is endorsed or approved by NACON.
NACON reserves the right to delete any content generated by the User that does not comply with the above rules.
11. Applicable law - Jurisdiction
The License is subject to French law, excluding any conflict of law rules. In the event of a dispute arising from the formation, interpretation, performance or termination of the License, the French courts having jurisdiction under French law shall have exclusive jurisdiction, even in case of emergency or multiple defendants.
Appendix 1: Legal guarantees
Article L.211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."
Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L.211-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied."
Article L.211-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.”
Article L.211-10 of the French Consumer Code: "If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him:
1) If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2) Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor."
Article L.211-11 of the French Consumer Code: "The application of the provisions of articles L.211-9 and L.211-10 is without any cost for the buyer. These same provisions do not prevent the allocation of damages."
Article L.211-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.”
Article 1643: "He is bound by hidden defects, even if he did not know about them, unless, in this case, he stipulated that he would not be obliged to provide any guarantee.”
Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."
Article 1648 paragraph 1: "The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."