GOTHAM CITY IMPOSTORS
END USER LICENSE AGREEMENT
Last updated: September, 2011
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY. Welcome to Gotham City Impostors. WB Games Inc. ("WB Games") is proud to provide you with Gotham City Impostors game software (together with any updates, the "Game Client") for use with the online component of Gotham City Impostors (a "Game Server"). Together, the Game Client and a Game Server make up the gameGotham City Impostors (the "Game"). This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client, while Gotham City Impostors Terms of Service (the "TOS"), incorporated herein by this reference, governs your use of the Game Server. By clicking "I Accept" below, or by installing or using the Game Client, you agree to be bound by the terms of this Agreement and the TOS.
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 Microsoft Xbox 360 video game and entertainment system (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, reverse-engineer, 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 the Microsoft Xbox LIVE service or other 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 the Microsoft Xbox LIVE service or other 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. WB Games may terminate this Agreement at any time at its sole discretion by providing notice to you, including without limitation email notice to the last email address or game service account provided by you. Upon termination of this Agreement, you must destroy 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 Section 1. 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. Disclaimer of Warranties. The Game Servers are made available, to the extent permissible by law, on an "as is" and "as available" basis. To the extent permissible by law, any warranties of any kind, express of implied, are excluded.
6. Limitation of Liability.
a. Neither you, WB Games, its directors, parent, affiliates, 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 section 7; or
(iv) for any other liability which cannot be excluded or limited by law
7. Indemnification. You hereby agree to defend, indemnify and hold harmless WB Games, its directors, parent, subsidiaries, affiliates 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 clause 1.
8. Changes to Agreement and Game. WB Games may update this Agreement at its sole discretion, and you will be asked to review and agree to the revised version of the EULA once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the terms of the then-current EULA, you must terminate this Agreement pursuant to Section 2 and immediately stop using the Game. WB Games may change, modify, suspend, or discontinue any aspect of the Game at any time. WB Games may also impose limits on certain features or restrict your access to parts or all of the Game without notice. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
9. 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.
10. 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.
11. 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.
12. Governing Law.
13. 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, 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. 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. This Agreement may be amended only by a writing executed by both parties.
Your purchase of the Game is a contract for the supply of services which will commence immediately upon you clicking "I Accept" below. Upon commencement of the services you will lose your right, under your jurisdiction's legislation implementing the Distance Selling Directive 97/7/EC, to cancel the contract for convenience.