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Please read this Licence carefully before installing the game (“Multimedia Product”).
This Licence is an agreement between you, the “User”, and Ubisoft Entertainment
and/or its licensors and/or its beneficiaries (“Ubisoft”), which grants the User the
non-exclusive and non-transferable right to use the Multimedia Product.
This Licence is valid in the United States of America.
By installing the Multimedia Product, the User undertakes to respect the terms and
conditions of the Licence.
1- The Licence
Ubisoft grants the User a non-exclusive and non-transferable Licence to use the
Multimedia Product, but remains the owner of all the rights relating thereto.
Any rights not specifically transferred by this Licence remain the property of Ubisoft.
The Multimedia Product is licensed and not sold to the User, for private use.
The Licence does not confer any right or title to the Multimedia Product and cannot
be understood as a transfer of intellectual property rights to the Multimedia Product.
UBISOFT AGREES FOR A PERIOD OF THIRTY (30) DAYS FROM THE ORIGINAL DATE
OF PURCHASE TO REFUND THE PURCHASE PRICE OF THE UNUSED MULTIMEDIA
PRODUCT TO THE USER. “UNUSED” IS DEFINED TO MEAN THAT ANY USER (I) DID
NOT USE THE KEY CODE; (II) OBTAINS A RETURN MERCHANDISE AUTHORIZATION
(“RMA”) NUMBER FROM UBISOFT CUSTOMER SERVICE AT 919 460-9778 OR BY
USING THE ASK A QUESTION FEATURE IN THE FAQ SECTION OF
HTTP://SUPPORT.UBI.COM; AND (III) RETURNS, DURING THE FOREGOING PERIOD
OF THIRTY (30) DAYS, THE UNUSED MULTIMEDIA PRODUCT IN ITS WHOLE,
ORIGINAL PACKAGING WITH THE ORIGINAL PROOF OF PURCHASE AND THE RMA TO
UBISOFT, POSTAGE PREPAID TO THE ADDRESS SET FORTH BELOW. BY INSTALLING
OR OTHERWISE USING THIS MULTIMEDIA PRODUCT, YOU ACCEPT AND AGREE TO
BE BOUND TO THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT INSTALL OR
OTHERWISE USE THIS MULTIMEDIA PRODUCT. INSTEAD, RETURN IT TO UBISOFT
FOR A REFUND ACCORDING TO THE ABOVE PROCESS.
PLEASE POST THE MULTIMEDIA PRODUCT PREPAID AND INSURED FOR THE FULL
PURCHASE PRICE AGAINST LOSS IN TRANSIT VIA THE UNITED STATES POSTAL
SERVICE, TO:
The User recognises that all of the rights associated with the Multimedia Product and
its components (in particular the titles, computer codes, themes, characters,
character names, plots, stories, dialogues, places, concepts, images, photographs,
animation, videos, music and text contained in the Multimedia Product), and all
saved games and data associated with the Multimedia Product saved on Ubisoft’s
online servers, as well as the rights relating to the trademark, royalties and
copyrights, are the property of Ubisoft and are protected by French regulations or
other laws, treaties and international agreements concerning intellectual property.
The User is authorised to use the Multimedia Product in accordance with the
instructions provided in the manual or on the packaging of the Multimedia Product.
The Licence is granted solely for private use.
It is not permitted:
- To make copies of the Multimedia Product,
- To operate the Multimedia Product commercially,
- To use it contrary to morality or the laws in force,
- To modify the Multimedia Product or create any derived work,
- To transmit the Multimedia Product via a telephone network or any other
electronic means, except during multi-player games on authorised networks,
- To create or distribute unauthorised levels and/or scenarios,
- To decompile, reverse engineer or disassemble the Multimedia Product.
The Multimedia Product can only be played after the User registers the Multimedia
Product and obtains a unique ubi.com account. This Multimedia Product is
distributed solely for use by the authorized end User who has registered the
Multimedia Product and obtained a unique ubi.com account.
The User cannot transfer, sell, resell, sublicense, rent or lease the Multimedia
Product to a third party.
You understand and agree that this Multimedia Product requires an online connection
at all times and the Multimedia Product must be played through the Internet services
provided at ubi.com. In the event Ubisoft terminates or discontinues Internet
services associated with this Multimedia Product, Ubisoft will provide a software
update that will allow the User to utilize the Multimedia Product without connecting
to Ubisoft's servers.
The User acknowledges that Ubisoft may collect and use certain User data in
accordance with the terms of use and/or privacy policy accessible on the website
www.ubi.com.
The Licence is effective from the first time the Multimedia Product is used.
It is terminated automatically by Ubisoft without notice if the User fails to adhere to
the terms and conditions of the Licence.
5- Warranty
Ubisoft offers technical support. When you call, please be as specific as you can be
about the problem you are experiencing and have the below details available:
Ubisoft warrants to the original purchaser of its products (the “User”) that the
products will be free from defects in materials and workmanship for a period of
ninety (90) days from the date of purchase. Ubisoft products are sold "as is",
without any expressed or implied warranties of any kind, and Ubisoft is not liable for
any losses or damages of any kind resulting from use of its products. Ubisoft agrees
for a period of ninety (90) days (or any other longer warranty period provided by
applicable legislation) to either replace defective product free of charge provided you
return the defective item with dated proof of purchase to the store from which the
product was originally purchased or repair or replace the defective product at its
option free of charge, when accompanied with a proof of purchase and sent to our
offices postage prepaid. This warranty is not applicable to normal wear and tear, and
shall be void if the defect in the product is found to be as a result of abuse,
unreasonable use, mistreatment or neglect of the product.
Ubisoft reserves the right to delete the Key Code in the event the Multimedia Product
is returned by the User as per the process above.
6- Warranty Limitation
The User recognises expressly that he uses the Multimedia Product at his own risk.
The Multimedia Product is provided as is. The User is responsible for any costs of
repairing and/or correcting the Multimedia Product.
To the extent of what is laid down by the law, Ubisoft rejects any warranty relating
to the market value of the Multimedia Product, the User’s satisfaction or its capacity
to perform a specific use.
The User is responsible for all risks connected with lost profit, lost data, errors and
lost business or other information as a result of owning or using the Multimedia
Product.
As some legislations do not allow for the aforementioned warranty limitation, it is
possible that it does not apply to the User.
7- Liability
In no event can Ubisoft be held liable for any direct, consequential, accidental,
special, ancillary or other damages arising out of the following: (1) the use or
inability to use the Multimedia Product, (2) inadequate performance or poor
functioning of the Multimedia Product; (3) the loss of any data or information,
including but not limited to the loss of any saved games or data associated with the
Multimedia Product saved on Ubisoft’s servers; and (4) the loss of any profit or
business as a result of owning or using the Multimedia Product, even if Ubisoft has
been advised of the possibility of such damages.
In particular, Ubisoft accepts no liability regarding use of the Multimedia Product
contrary to the precautions for use set out in the manual and on the packaging.
As some legislations do not allow exemption from liability in the event of direct or
incidental damages, it is possible that the aforementioned exclusion does not apply
to the User.
This Licence to use the Multimedia Product grants specific rights to the User and he
may have other rights depending on the laws in his country or state.
Capitalized terms used in this Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to them in the applicable OS Product
EULA.
General. Each of the OS Components available from this site is identified as being
applicable to one or more of the OS Products. The applicable OS Components are
provided to you by Microsoft to update, supplement, or replace existing functionality
of the applicable OS Product. Microsoft grants you a license to use the applicable OS
Components under the terms and conditions of the EULA for the applicable OS
Product (which are hereby incorporated by reference except as set forth below), the
terms and conditions set forth in this Supplemental EULA, and the terms and
conditions of any additional end user license agreement that may accompany the
individual OS Components (each an "Individual EULA"), provided that you comply
with all such terms and conditions. To the extent that there is a conflict among any
of these terms and conditions applicable to the OS Components, the following
hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the
terms and conditions in this Supplemental EULA; and 3) the terms and conditions of
the applicable OS Product EULA.
Additional Rights and Limitations.
* If you have multiple validly licensed copies of any OS Product, you may reproduce,
install and use one copy of the applicable OS Components as part of the applicable
OS product on all of your computers running validly licensed copies of the applicable
OS Product, provided that you use such additional copies of such OS Components in
accordance with the terms and conditions above. For each validly licensed copy of
the applicable OS Product, you also may reproduce one additional copy of the
applicable OS Components solely for archival purposes or reinstallation of the OS
Components on the same computer as the OS Components were previously installed.
Microsoft retains all right, title and interest in and to the OS Components. All rights
not expressly granted are
reserved by Microsoft.
* You may not disclose the results of any benchmark test of the .NET Framework
component of the OS Components to any third party without Microsoft’s prior written
approval.
SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE
ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY
CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this
supplement to you. If you are licensed to use Microsoft Windows operating system
software (the “software”), you may use this supplement. You may not use it if you
do not have a license for the software. You may use a copy of this supplement with
each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These
terms and the license terms for the software apply to your use of this supplement. If
there is a conflict, these supplemental license terms apply.
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By using this supplement, you accept these terms. If you do not accept them, do
not use this supplement. If you comply with these license terms, you have the rights
below.
PUNKBUSTER
The terms of this Software License Agreement (this "Agreement") shall apply to all
versions, editions, and future updates of PunkBuster software and constitute a legal
agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor").
EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.
Licensee agrees not to export or re-export into any country subject to U.S. trade
sanctions or to which the U.S. has embargoed goods or to any nationals or residents
of such countries unless such nationals are permanent residents of a country that is
not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO
DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE
WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.
This Agreement constitutes the entire agreement between Licensor and Licensee and
supersedes any prior statements, whether written or oral.