End User License Agreement
1. Grant of a Limited Use License
By agreeing to this Agreement, you may install the game client software (hereafter referred to as the “Game Client”) onto your machine for purposes of playing our Game (“Game” means online or mobile games provided by En Masse), and may register for and access an account with the Service (the “Account”). Subject to your agreement to and continuing compliance with this Agreement, En Masse hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on a machine owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. You hereby agree that all use of the Game Client is subject to this Agreement and to the Terms of Service.
2. Additional Limitations
The license granted to you in Section 1 is subject to the terms and conditions of this EULA and any supplemental terms including the Terms of Service. You hereby agree that any use of the Game in violation of any of the limitations set forth in Sections 1 and 2 will be regarded as an infringement of En Masse’s rights in and to the Game, including but not limited to copyrights. You agree that you will not, under any circumstances:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the manuals for backup or archival purposes only;
B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game;
C. exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of En Masse; (b) for gathering in-game currency, items or resources for sale outside the Game; (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or (d) performing advertising or solicitations for a third party;
D. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the service, including without limitation any software that reads areas of RAM used by En Masse for the Game to store information about a character or the game environment; provided, however, that En Masse may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
E. access the Game from any Internet protocol addresses, computers or proxies that En Masse may prohibit in its sole and absolute discretion;
F. modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by En Masse;
G. host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by En Masse in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
H. facilitate, create or maintain any unauthorized connection to the Game or related services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by En Masse;
I. sell, grant a security interest in or transfer reproductions of any part of the Game to other parties in any way not expressly authorized herein, or rent, lease or license any part of the Game to others;
J. sell, transfer or assign any Account, or any items incorporated into or part of the Game, including but not limited to any characters; or
K. infringe a third party’s intellectual property or other rights, or violate any law or regulation applicable to you.
3. Separately Licensed Software
The Game may contain third-party software and/or content which are licensed to you pursuant to a separate agreement (the “Separately Licensed Software”). You agree that En Masse may install the Separately Licensed Software onto your machine during the Game Client installation process. You agree that you will not copy, reverse engineer, derive source code from, modify, disassemble, or decompile any Separately Licensed Software, create any derivative works based on any Separately Licensed Software, or infringe or misappropriate any intellectual property or other rights embodied in any Separately Licensed Software. You also agree that you will not access or use any Separately Licensed Software until and unless you agree with the end user license agreements provided by the licensors of such Separately Licensed Software. The terms of each such end user license agreement will replace and supersede this Agreement, but only with regard to the applicable Separately Licensed Software referenced in such agreement. For the avoidance of doubt, if any third party software and/or content contained in the Game is deemed not covered by a separate end user license agreement, then it is governed by the terms and conditions of this EULA.
4. Limited Warranty and Disclaimer
THE GAME AND ALL RELATED SOFTWARE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EN MASSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, En Masse does not ensure continuous, error-free, secure or virus-free operation of the Game or your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights that vary from state to state or from country to country.
5. Limitation of Liability
NEITHER EN MASSE ENTERTAINMENT, INC. NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME AND RELATED SOFTWARE AND SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, GAME ITEMS OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. YOU AGREE THAT EN MASSE WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS, ALL LIABILITY FOR NON-CONTRACT CLAIMS, WHETHER BASED ON NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE. IN NO EVENT WILL EN MASSE BE LIABLE FOR SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE), EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO EN MASSE IN ADVANCE OR COULD REASONABLY HAVE BEEN FORESEEN BY EN MASSE.
ii. En Masse may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if En Masse believes that doing so may protect your safety or the safety of others;
iii. you are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Game;
iv. you are wholly responsible for the information you decide to disclose to others, including without limitation your real name; En Masse does not encourage users to disclose their personal information to others.
7. Equitable Remedy
8. Dispute Resolution and Governing Law
If a dispute arises between you and En Masse, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and En Masse agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement or our service (a “Claim”) in accordance with one of the subsections below.
(a) The Legal Agreement and the relationship between you and En Masse shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
(b) You and En Masse agree to submit to the exclusive jurisdiction and venue of the courts located in Seattle, Washington, except as provided in subsection 15(c) below regarding optional arbitration. Notwithstanding this, you agree that En Masse shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) All Claims you bring against En Masse must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, En Masse may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that En Masse has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
9. Force Majeure
En Masse is not liable for any failure to perform its obligations if such failure results from Acts of Gods (including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster), wars, acts of terror, riots, government sanctions, embargos, accidents, labor disputes, strikes, interruption of or failure to receive materials, energy, electricity or Internet service, or any other thing beyond En Masse’s reasonable control.
10. Export Control
The Game and any part of the Game 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 Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This 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, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. The provisions of Sections 2, and 4-11, shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed and the remainder of this Agreement shall be given full force and effect.