End User License Agreement
End User License Agreement
C. You are entitled to use the Program for your own use, but you are not entitled to:
(i)
sell, auction, or grant a security interest in or transfer reproductions of the Program to other parties in
any way, nor to rent, lease or license the Program to others without the prior written consent of
Licensor.
(ii) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use
at a cyber caf, computer gaming center or any other location-based site without the prior written
consent of Licensor;
(iii) use or allow third parties to use New Materials for any commercial purpose, including, but not
limited to distribution of such New Materials on a stand-alone basis, and/or packaged with other
software or hardware through any and all distribution channels, including, but not limited to, retail
sales and on-line electronic distribution, without the express written consent of Licensor;
(iv) host or provide matchmaking services for the Program or emulate or redirect the communication
protocols used by Licensor in the network feature of the Program, through protocol emulation,
tunneling, modifying or adding components to the Program, use of a utility program or any other
techniques now known or hereafter developed, for any purpose including, but not limited to network
play over the Internet, network play utilizing commercial or non-commercial gaming networks or as
part of content aggregation networks without the prior written consent of Licensor;
(v)
create or maintain, under any circumstance, more than one simultaneous connection to Massgate.
All such connections to Massgate, whether created by the Program or by other tools and utilities,
may only be made through methods and means expressly approved by Licensor. Under no
circumstances may you connect, or create tools that allow you to connect to Massgates, private
binary interface or interfaces other than those explicitly provided by Licensor for public use.
D. Patches, Updates and collection of crash data. Licensor may deploy or provide patches, updates and
modifications to the Program that must be installed for you to continue to utilize the Program. Licensor
may update the Program remotely, including, without limitation, the Program residing on your machine,
without your knowledge or consent, and you hereby grant to Licensor your consent to deploy and apply
such patches, updates and modifications. Additionally, the Program may include a tool that will allow your
system to forward system and driver information to Licensor in the event of a crash. This tool will collect
data on the system during the crash, forward a report to you to review and approve of the information to be
sent to Licensor and ,if approved, send Licensor via electronic mail, the report for diagnostic purposes.
5. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the
recipient agrees to the terms of this License Agreement and you agree to remove the Program and any New Materials
from your home, business or portable computer.
6. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at
any time by destroying the Program and any New Materials. Licensor may, at its discretion, terminate this License
Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you
must immediately destroy the Program and any New Materials.
7. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national
or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Departments
list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By installing the
Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
8. Customer Service/Technical Support. "Customer Service" as used herein may be provided to you by Licensors
representatives by telephone and/or by electronic message (e-mail). "Technical Support" may be provided to you by
Licensor by telephone, electronic message (e-mail), or by posting of information related to known technical support
issues on a web site. Unless otherwise stated in the Program's packaging or in the Program's user manual, nothing
herein shall be construed so as to place a duty upon Licensor to provide Customer Service or Technical Support via a
toll-free telephone number for an unlimited period of time.
9. Duration of the On-Line Component of the Program. This Program contains an on-line component that
allows you to utilize the Product over the Internet utilizing servers and software maintained by Licensor and/or its
affiliates. Licensor may, in its sole discretion, provide the servers and software technology necessary to utilize the
on-line component of the Program, or Licensor may license to third parties the right to provide the servers and
software technology necessary to utilize the on-line component of the Program. However, nothing contained herein
shall be construed so as to place an obligation upon Licensor to provide the servers and software technology
necessary to utilize the on-line component beyond the time that the Program is Out of Publication. The term Out
of Publication as used herein shall mean that the Program is no longer being manufactured by Licensor.
10. Limited Warranty. Licensor expressly disclaims any warranty for the Program, any New Materials and
Manual(s). The Program, any New Materials and Manual(s) are provided "as is" without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. The entire risk arising out of use or performance of the Program, any New Materials
and Manual(s) remains with the User, however Licensor warrants up to and including 90 days from the date of your
purchase of the Program that the media containing the Program shall be free from defects in material and
workmanship. In the event that the media proves to be defective during that time period, and upon presentation to
Licensor of proof of purchase of the defective Program, Licensor will at its option 1) correct any defect, 2) provide
you with a product of equal or lesser value, or 3) refund your money. Some states do not allow the exclusion or
limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you.
11. Limitation of Liability. NEITHER LICENSOR, ITS PARENT, SUBSIDIARIES, ITS LICENSORS OR
AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM
THE USE OF THE PROGRAM AND ANY NEW MATERIAL INCLUDING, BUT NOT LIMITED TO, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE
PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER
COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, LICENSOR, ITS PARENT AND
MASSGATE SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER
CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED. LICENSOR, ITS
PARENT, AND MASSGATE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE
INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR
ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some
states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how
long an implied warranty lasts, so the above limitations may not apply.
12. Equitable Remedies. You hereby agree that Licensor would be irreparably damaged if the terms of this License
Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond,
other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License
Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party
in such litigation shall be entitled to recover from the other party all the costs, attorneys fees and other expenses
incurred by such prevailing party in the litigation.
13. Limitations on License. Nothing in this License Agreement shall preclude you from making or authorizing the
making of another copy or adaptation of the Program and any New Materials provided, however, that (1) such new
copy or adaptation is created as an essential step in your utilization of the Program and any New Materials in
accordance with the terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy or
adaptation is for archival purposes ONLY and all archival copies are destroyed in the event of your Transfer of the
Program and any New Materials, the Termination of this Agreement or other circumstances under which your
continued use of the Program and any New Materials ceases to be rightful.
14. Choice of Laws. If you reside in the United States of America (U.S.A.), this License Agreement shall be
deemed to have been made and executed in the State of California and any dispute arising hereunder shall be
resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one
of the parties against the other shall be commenced and maintained in any state or federal court located in the State
of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the
parties. If you reside outside the U.S.A., this License Agreement shall be governed by and construed in accordance
with the laws applicable in your country of residence. Those who choose to access this program through the Service
from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
15. Miscellaneous. This License Agreement may be amended, altered or modified only by an instrument in writing,
specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of
this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such
provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement
shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between
the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of
installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of the
License Agreement contained herein. I also acknowledge and agree that this License Agreement is the complete and
exclusive statement of the agreement between Licensor and myself and that the License Agreement supersedes any
prior or contemporaneous agreement, either oral or written, and any other communications between Licensor and
myself.
TERMS OF USE
WORLD IN CONFLICT
TERMS OF USE AGREEMENT
IMPORTANT! PLEASE READ CAREFULLY.
BY INSTALLING WORLD IN CONFLICT , YOU ACCEPT ALL TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS
AGREEMENT, YOU SHOULD NOT INSTALL THE WORLD IN CONFLICT
SOFTWARE.
Massgate (Massgate) is a proprietary service that is provided to you by Massive Entertainment,
AB. (Massive), and allows certain Massgate enabled Massive software products to access
Massives on-line environment (the Service).
Grant of License. Massive hereby grants, and by using the Service and/or clicking ACCEPT
below you thereby accept, a limited, revocable, non-exclusive license to access the Service for
your personal, non-commercial use utilizing a product that has been developed by Massive for
use on the Service. Massive may revoke the foregoing license at any time in its sole and absolute
discretion, for any reason or no reason, with or without notice.
1. Registration Information. To utilize the Service, you must register for an account, and to
complete the registration process, you will be required to provide a log in name, and for all
Massgate enabled Massive software products, a unique "CD-Key" from a Massgate enabled
Massive software product. Note that Massive will ask you for an email address during the
registration process, which you can provide to Massive if you choose to do so. Additionally, you
will be required to select a user name and a password that are specific to the Account
(collectively referred to hereunder as "Password") during the registration process. This Password
is to be kept confidential at all times and you are solely responsible for the security of your
Password. You may not disclose your Password to anyone, or allow your Password to be used by
anyone other than yourself. Massive is not responsible for any harm that may result to the
Account (including without limitation the deletion or modification of characters in the Account)
as a result of a lost or shared password. The user name you choose shall be subject to the naming
guidelines contained in this Terms of Use Agreement.
2. Use Restrictions. You agree that you will not:
(i)
(ii)
use any third party software to display game information including without limitation,
statistics about the current match, and any other information not otherwise disclosed by
Massives products or the Service;
utilize a bug or otherwise exploit a design in the Massive Product or the Service for a
competitive gameplay advantage, or to disrupt others who are utilizing the Service;
(iii)
(v)
host or provide matchmaking services for any Massive software program or emulate or
redirect the communication protocols used by Massive or Massgate;
(vi)
exploit the Service or any of its parts for any commercial purpose, including without
limitation (a) use at a cyber cafe, arcade, or other location where users are charged a fee,
whether hourly or otherwise, to use the Service, (b) gathering virtual goods (e.g., ingame armor, equipment, weapons, supplies, etc.) or currency for sale or trade without
Massives prior written consent; (c) delivering virtual goods or currency in connection
with an unauthorized sale or trade; or (d) selling or trading characters or accounts. For
purposes of this subsection, sale and trade refer only to transactions that include
some type of real-world consideration, e.g., exchanging real-world currency for
game currency.
(vii)
use any third-party software to modify Massgate or any Massive software to change
game play, including without limitation the use of cheats and/or hacks, or software that
in any way automates gameplay;
(viii)
(ix)
(x)
(xi)
impersonate any living person, including without limitation any Massive employee;
(xii)
transmit, post or link to websites that display or offer for download chain letters,
"cashbots," pyramid schemes, or offer any other unsolicited advertisement, promotion,
or solicitation on or through the Service;
(xiii)
violate any applicable law or regulation in connection with your use of the Service;
(xiv)
modify any file distributed with or created by Massgate or a Massgate enabled game
without the prior written consent of Massive;
(xv)
create or maintain, under any circumstance, more than one simultaneous connection to
Massgate per account;
(xvi)
connect or contribute to the creation or distribution of tools that allow you to connect to
the Service; or
(xvii) communicate, post or link to any user's personal information on or through the Service.
Failure to comply with these rules may result in Massive taking action against you, which could
include: (i) temporarily suspending your access to the Service, or (ii) permanently terminating
your access to the Service; and (iii) referring your actions to the proper authorities where
applicable. Without limiting the foregoing, Massive retains the right to decline service to any
user who violates this Terms of Use Agreement, and in the event that your actions violate any
state, federal or local laws, Massive reserves the right to forward the matter to law enforcement
for their consideration.
4. Massives Absolute Right to Suspend, Terminate and/or Delete the Account. MASSIVE
MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME
WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of
explanation and not limitation, most account suspensions, terminations and/or deletions are the
result of violations of this Terms of Use or the End User License Agreement.
5. Rules Related to Names. Please be aware that Massive has developed restrictions regarding
the creation of names that you create when using the Service, including, but not limited to,
character names and account names. When you create a username you must abide by the
following guidelines as well as the rules of common decency. If Massive finds such a username
to be offensive or improper, it may, in its sole and absolute discretion, ban the username.
In particular, you may not use any name:
(i). Belonging to another person with the intent to impersonate that person, including
without limitation any employee or agent of Massive;
(ii). That incorporates 'swear' words or words which are otherwise offensive, defamatory,
vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(iii). Belonging to any religious figure or deity;
(iv). Belonging to any political or otherwise controversial figure or entity;
(v). Related to drugs, sex, alcohol, or criminal activity;
You may not use a misspelling or an alternative spelling to circumvent the name restrictions
listed above, nor can you have a "first" and "last" name that, when combined, violate the above
name restrictions.
Compliance with Legal Process. Massive may, with or without notice to you, disclose your
Internet Protocol (IP) address(es), email address, and any other information about you and your
activities in response to a written request by law enforcement, a court order or other legal
process. Massive may use or disclose your personal information if Massive believes that doing
so may protect your safety or the safety of others.
6. Content Uploads to The Service. There are various opportunities to upload content to the
Service including without limitation in chat rooms and forums. Such content may include, but is
not necessarily limited to, files, photos, software programs, game mods, maps, etc. (the
Content). You agree that the Content you provide will not: (a) infringe any third party
intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or
regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, Trojan horses,
worms, time bombs, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept, or collect any system data or personal
information. You hereby grant to Massive a worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to use (including commercial and non-commercial
use), publish, distribute, reproduce, and publicly perform and display the Content.
7. Information found on Massgate. Massive does not endorse or stand behind the accuracy,
truthfulness or reliability of any information (including statements of opinion or advice) provided
on or by means of Massgate. Any and all statements made in forums, conferences, chat sessions,
or otherwise reflect only the views of their authors.
8. Termination. This agreement is effective until terminated by either party. You may terminate
this agreement at any time by ceasing all use of the Service and destroying all materials related
thereto. Massive may terminate this agreement with or without reason or notice at Massive's sole
discretion. Without limiting the foregoing, Massive may terminate this agreement if you fail to
comply with any provision of this agreement, including without limitation disruptive behavior,
cheating, and instituting attacks upon a Massive server, and Massive reserves the right to report
any unlawful activity to law enforcement.
9. Acknowledgments. You hereby acknowledge and agree that (i) you are responsible for all
costs and fees associated with your connection to the Service, (ii) Massive may collect certain
identifying information about your computer and its operating system, along with "non-personal"
data about you and your Internet browsing, without any further notice to you (iii) in the course of
gameplay in certain game modes while utilizing the Service, your IP address may be disclosed to
your teammates and/or opponents and Massive shall not have any liability to you for the actions
of other players who might use this information negatively toward you; (iv) you have no property
right or other interest in or to any data stored by Massive, including without limitation player
characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"),
and Massive may modify or permanently delete the Online Data at any time at its sole discretion
without notice to you; and (v) you are personally responsible and liable for the consequences that
may result if you violate the terms of the Agreement, either by yourself of through the acts of
others that you allow to use your account in violation of this Agreement, including without
limitation termination of your account and loss of your user names and characters.
10. Indemnification. Upon Massives written request, you agree to defend, indemnify and hold
harmless Massive, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities,
claims, expenses, and other losses, including attorneys' fees, arising from or relating to this
Agreement or the use of your account. Massive reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you
hereunder, and in such event, you shall have no further obligation to provide the defense for such
matter.
11. Disclaimer of Warranty. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. MASSIVE DOES NOT WARRANT THAT THE PROGRAM
WILL BE UNINTERRUPTED OR ERROR FREE. MASSIVE DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR
A PARTICULAR PURPOSE.
12. Limitation of Liability. MASSIVE SHALL NOT BE LIABLE FOR LOSS OR DAMAGE
OF ANY KIND ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE
OF MASSGATE, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE, OR LOSS OF DATA.
13. Miscellaneous. This agreement shall be governed by and construed in accordance with the
laws of Sweden, without giving effect to any principles of conflicts of law. Those who choose to
use the Service from other locations do so on their own initiative and are responsible for
compliance with local laws. If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the subject matter herein. Massive reserves the right, in
its sole and absolute discretion, to change the terms of this Agreement at any time by posting new
terms to the Services website, and your use of the Service after this agreement is modified or
replaced indicates your acceptance of those new terms.
World in Conflict and Massive Entertainment are trademarks of Massive Entertainment, AB. All
rights reserved.