END USER LICENSE AGREEMENT
Last updated: September 2019
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
WB Games Inc. ("WB Games") is proud to provide you with this game software (together with any updates, the "Game Client") for use with the online component of the game (a "Game Server"). Together, the Game Client and a Game Server make up the game (the "Game"). This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client. By installing or using the Game Client, you agree to be bound by the terms of this Agreement.
1. Limited License. The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, WB Games hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game Client onto a personal computer (an "Entertainment System") owned by you, and (b) use the Game Client in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of WB Games' intellectual property rights:
a. You may not sell, license or transfer the Game Client, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by WB Games;
c. You may not modify the Game Client or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game Client through a WB Games authorized third party computer service as set forth herein; or
h. You may not use the Game Client to connect to any server or service other than a Game Server through a WB Games authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by WB Games or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients under your custody or control.
3. Ownership. You agree that, between you and WB Games, WB Games owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, WB Games, its affiliates or its contractors may monitor your Entertainment System for uses that violate the Limited License Section. You hereby grant WB Games, its affiliates and its contractors permission to monitor your Entertainment System for purposes of identifying such use and communicating potential violations to WB Games.
WB Games, its affiliates and its contractors are under no obligation to monitor your System.
5. Limited Warranty for Games on Physical Media.
WB Games warrants to the best of WB Games' ability to the original consumer purchaser of the Game that the physical medium on which the Game is recorded (if any) shall be free from defects in materials and workmanship for a period of ninety (90) days from the original date of purchase. If a defect in materials or workmanship occurs during this ninety (90) day warranty period, WB Games will either repair or replace, at WB Games' option, the Game free of charge. In the event that the Game is no longer available, WB Games may, in its sole discretion, replace the Game with a product of comparable value. The original purchaser is entitled to this warranty only if the date of purchase is registered at point of sale or the consumer can demonstrate (to WB Games' satisfaction) that the Game was purchased within the last ninety (90) days.
To receive warranty service:
Notify the WB Games Customer Service Department of the problem requiring warranty service by emailing firstname.lastname@example.org. If the WB Games service technician is unable to solve the problem on the web via email, he/she may authorize you to return the Game, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof of purchase within the ninety (90) day warranty period to:
WB Games Customer Support
c/o Pole To Win America
10626 York Road - Suite E
Cockeysville, MD 21030
WB Games is not responsible for unauthorized returns of the Game and reserves the right to send such unauthorized returns back to customer.
This limited warranty shall not be applicable and shall be void if: (a) the defect in the Game has arisen through abuse, unreasonable use, mistreatment or neglect; (b) the Game is used with products not sold or licensed by the appropriate platform manufacturer or WB Games (including but not limited to, non-licensed game enhancements and copier devices, adapters and power supplies); (c) the Game is used for commercial purposes (including rental); (d) the Game is modified or tampered with; or (e) the Game's serial number has been altered, defaced or removed.
6. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS GAME SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
7. LIMITATION OF LIABILITY.
a. Neither you, WB Games, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
b. Nothing in this EULA will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
8. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WB GAMES, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
9. Changes to Agreement and Game. WB Games may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA. WB Games may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
10. Patches and Updates. WB Games may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game Client installed on your Entertainment System. Updates are not optional. You agree that WB Games may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for WB Games to download and apply such Updates.
11. Remedies. You acknowledge that WB Games may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, WB Games shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
12. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
13. Dispute Resolution and Governing Law.
a. The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the jurisdiction of your habitual residence.
b. Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction of your habitual residence (unless otherwise agreed in writing by both parties).
c. Severability. You and WB Games agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
14. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between WB Games and you. WB Games would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of WB Games' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of WB Games. You may not assign this Agreement, in whole or in part, without WB Games' prior written consent and any attempted assignment in violation of this provision shall be null and void. WB Games may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and WB Games with respect to the Game Client and supersedes all prior agreements between you and WB Games pertaining to the Game Client. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense.
15. Third Party Software. The Game contains font software licensed from third parties. Such font software shall only be used with the Game and may not be extracted from the Game for any purpose.
16. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the WB Games Customer Service Department by email at email@example.com or on the web at http://support.wbgames.com before returning the Game to a retailer. Please do not send any Game to WB Games without contacting us first.