TERMS OF SERVICE AND END USER LICENSE AGREEMENT FOR LINE OF SIGHT
The next phrases of service and finish consumer license settlement (“EULA”) represent an settlement between you and BLACKSPOT ENTERTAINMENT and its associates (“BLACKSPOT ENTERTAINMENT”). This EULA governs your use of Software program and Companies (as specified under).
For functions of this EULA “Software” means all software program packages distributed, printed or in any other case made obtainable by BLACKSPOT ENTERTAINMENT or its associates together with, however not restricted to cellular software program, downloadable/installable software program for private laptop, and software program accessed by the use of a browser or different on-line communication technique. Software program additionally contains updates and upgrades in addition to accompanying guide(s), packaging and different written, information, digital or on-line supplies or documentation, and any and all copies of such software program and its supplies.
“Services” means all providers made obtainable by BLACKSPOT ENTERTAINMENT, together with however not restricted to providers accessed by way of cellular video games, by the use of a browser or by different on-line communication technique.
Software program and Companies are collectively known as “BLACKSPOT ENTERTAINMENT Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE BLACKSPOT ENTERTAINMENT SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE BLACKSPOT ENTERTAINMENT SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you don’t settle for the phrases of this EULA, don’t set up, use or entry the BLACKSPOT ENTERTAINMENT Companies.
SOFTWARE LICENSE. Topic to this EULA and its phrases and circumstances, BLACKSPOT ENTERTAINMENT hereby grants you a non-exclusive, non-transferable, non-sublicensable, restricted proper and license to make use of one copy of the Software program on your private non-commercial use on a single laptop or gaming unit, until in any other case specified within the Software program documentation. The rights granted herein are topic to your compliance with this EULA. The Software program is being licensed to you and also you hereby acknowledge that no title or possession within the Software program is being transferred or assigned and this EULA is to not be construed as a sale of any rights within the Software program.
SERVICE LICENSE. Topic to this EULA and its phrases and circumstances, BLACKSPOT ENTERTAINMENT hereby grants you a non-exclusive, non-transferable, non-sublicensable, restricted proper and license to make use of the Companies as supplied by BLACKSPOT ENTERTAINMENT, on your private non-commercial use, within the method permitted by this EULA. The rights granted herein are topic to your compliance with this EULA.
LICENSE TERM. The time period of your licenses below this EULA shall begin on the date that you just settle for this EULA and set up or in any other case use the Software program and/or Companies and ends on the sooner date of both your disposal of the Software program and/or Companies or BLACKSPOT ENTERTAINMENT’s termination of this EULA. Your license terminates instantly when you try to avoid any technical safety measures utilized in reference to the Software program and/or Companies otherwise you in any other case use the Software program and/or Companies in breach of the phrases of this EULA.
OWNERSHIP; NO OTHER LICENSES. BLACKSPOT ENTERTAINMENT retains all proper, title and curiosity in and to the BLACKSPOT ENTERTAINMENT Companies, together with, however not restricted to, all copyrights, emblems, commerce secrets and techniques, commerce names, proprietary rights, patents, titles, laptop codes, audiovisual results, themes, characters, character names, tales, dialog, settings, paintings, sound results, musical works, and ethical rights whether or not registered or not and all functions thereof. The BLACKSPOT ENTERTAINMENT Companies are protected by relevant legal guidelines and treaties all through the world. Except expressly licensed by necessary laws, the BLACKSPOT ENTERTAINMENT Companies might not be copied, reproduced or distributed in any method or medium, in complete or partially, with out prior written consent from BLACKSPOT ENTERTAINMENT. All rights not expressly granted to you herein are reserved by BLACKSPOT ENTERTAINMENT.
2 THIRD PARTY SERVICES
BLACKSPOT ENTERTAINMENT Companies could embrace hyperlinks to 3rd occasion providers and/or the third occasion providers could also be made obtainable to you through BLACKSPOT ENTERTAINMENT Companies. These providers could embrace, however aren’t restricted to gameplay recording and sharing, social medial connectivity and the like. These providers are topic to respective third occasion phrases and circumstances. Please research these third occasion phrases and circumstances rigorously as they represent an settlement between you and the relevant third occasion service supplier.
3 GENERAL LICENSE CONDITIONS
You agree to not: (i) commercially exploit the BLACKSPOT ENTERTAINMENT Companies; (ii) distribute, lease, license, promote, hire, lend, convey or in any other case switch or assign the BLACKSPOT ENTERTAINMENT Companies, any copies thereof, or any passwords or usernames of BLACKSPOT ENTERTAINMENT Companies, with out the categorical prior written consent of BLACKSPOT ENTERTAINMENT or as set forth on this EULA; (iii) make a duplicate of the BLACKSPOT ENTERTAINMENT Companies or any half thereof, together with however not restricted to Software program (apart from as set forth herein); (iv) make the BLACKSPOT ENTERTAINMENT Companies publicly obtainable or obtainable on a community to be used or obtain by a number of customers; (v) besides as in any other case particularly supplied by the BLACKSPOT ENTERTAINMENT Companies or this EULA, use or set up the BLACKSPOT ENTERTAINMENT Companies (or allow others to do similar) on a community, for on-line use, or on multiple laptop or gaming unit on the similar time; (vi) use or copy the BLACKSPOT ENTERTAINMENT Companies at a pc gaming heart or every other location-based web site; supplied, that BLACKSPOT ENTERTAINMENT could give you a separate web site license settlement to make the BLACKSPOT ENTERTAINMENT Companies obtainable for business use; (vii) reverse engineer, decompile, disassemble, translate, put together by-product works primarily based on or in any other case modify the BLACKSPOT ENTERTAINMENT Companies, in complete or partially; (viii) take away, obscure or modify any copyright, trademark or different proprietary rights notices, marks or labels contained on or throughout the BLACKSPOT ENTERTAINMENT Companies, falsify or delete any writer attributions, authorized notices or different labels of the origin or supply of the fabric; (ix) misrepresent the supply of possession of the BLACKSPOT ENTERTAINMENT Companies; (x) transport, export or re-export (straight or not directly) into any nation forbidden to obtain such BLACKSPOT ENTERTAINMENT Companies by any U.S. or different export legal guidelines or accompanying rules or in any other case violate such legal guidelines or rules, that could be amended occasionally; or (xi) scrape, construct databases or in any other case create everlasting copies of content material returned from the BLACKSPOT ENTERTAINMENT Companies.
Nonetheless, with reference to installable Software program that was delivered on a bodily storage medium, chances are you’ll switch the complete Software program and accompanying documentation on a everlasting foundation to a different individual so long as you keep no copies (together with archival or backup copies) of the Software program, accompanying documentation, or any portion or element of the Software program accompanying documentation, and the recipient agrees to the phrases of this EULA The Software program is meant for personal use solely.
The BLACKSPOT ENTERTAINMENT Companies could embrace measures to manage entry to the BLACKSPOT ENTERTAINMENT Service, forestall unauthorized copies, or in any other case try to stop anybody from exceeding the restricted rights and licenses granted below this EULA. Solely BLACKSPOT ENTERTAINMENT Companies topic to a legitimate license can be utilized to entry on-line providers, and obtain updates and patches. Chances are you’ll not intrude with such entry management measures or try to disable or circumvent such safety features. In case you disable or in any other case tamper with the technical safety measures, the BLACKSPOT ENTERTAINMENT Companies is not going to operate correctly.
The BLACKSPOT ENTERTAINMENT Companies could let you create content material, together with however not restricted to gameplay maps, screenshots or a video of your recreation play. In trade to be used of the BLACKSPOT ENTERTAINMENT Companies, and to the extent that your contributions by way of use of the BLACKSPOT ENTERTAINMENT Companies give rise to any copyright, design proper or every other mental or industrial property proper you hereby grant BLACKSPOT ENTERTAINMENT an unique, royalty-free, perpetual, irrevocable, totally transferable and sub-licensable worldwide proper and license to make use of your contributions in any manner and for any goal together with, however not restricted to the rights to breed, copy, adapt, modify, carry out, show, publish, broadcast, transmit, or in any other case talk to the general public by any means whether or not now recognized or unknown and distribute your contributions with none additional discover or compensation to you of any sort for the entire period of safety granted to mental and industrial property rights by relevant legal guidelines and worldwide conventions. If not expressly prohibited by necessary laws, you hereby waive any ethical rights of paternity, publication, repute, or attribution with respect to BLACKSPOT ENTERTAINMENT’s and different gamers’ use and pleasure of such property in reference to the BLACKSPOT ENTERTAINMENT Companies and associated items and providers below relevant legislation. This license grant to BLACKSPOT ENTERTAINMENT, and the above waiver of any relevant ethical rights, survives any termination of this EULA.
The BLACKSPOT ENTERTAINMENT Companies could require an web connection to entry the BLACKSPOT ENTERTAINMENT Companies or its internet-based options, authenticate the Software program, or carry out different capabilities. To ensure that sure options of the BLACKSPOT ENTERTAINMENT Companies to function correctly, chances are you’ll be required to have and keep (a) an ample web connection and/or (b) a legitimate and energetic account with a web based service as set forth within the documentation associated to BLACKSPOT ENTERTAINMENT Companies. Through the use of the BLACKSPOT ENTERTAINMENT Companies, you acknowledge and agree that third occasion knowledge switch charges could apply relying in your knowledge plan. Please seek the advice of your provider for additional info. If you don’t keep such accounts, then the BLACKSPOT ENTERTAINMENT Companies or sure options of the BLACKSPOT ENTERTAINMENT Companies could not function or could stop to operate correctly, both in complete or partially.
By putting in, accessing or utilizing the BLACKSPOT ENTERTAINMENT Companies, you consent to those info assortment and utilization phrases, together with (the place relevant) the switch of knowledge into a rustic outdoors of the European Union and/or the European Financial Space or the USA of America.
5 PAYMENTS AND PURCHASES OF VIRTUAL GOODS
BLACKSPOT ENTERTAINMENT could license to you sure digital items for use inside BLACKSPOT ENTERTAINMENT Companies. Except in any other case specified, these digital items shall be deemed an integral a part of the Software program. These digital items could also be licensed each for a price utilizing “real world money” and with none separate price, as relevant occasionally. These digital items may be licensed through the use of third occasion digital foreign money, similar to Fb Credit or through the use of separate activation codes.
Any and all digital items are licensed to you on restricted, private, non-transferable, non-sublicensable and revocable foundation and restricted just for non-commercial use.
Please notice that any fee for licenses for digital items or redemption of third occasion digital foreign money is all the time FINAL AND NON-REFUNDABLE. Additionally please notice that if you are going to buy Fb Credit from Fb, such transaction is ruled by the settlement between you and Fb and BLACKSPOT ENTERTAINMENT shouldn’t be a celebration to the transaction.
BLACKSPOT ENTERTAINMENT could handle, regulate, management, modify or eradicate digital items at any time, with or with out discover. BLACKSPOT ENTERTAINMENT shall don’t have any legal responsibility to you or any third occasion within the occasion that BLACKSPOT ENTERTAINMENT workout routines any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT BLACKSPOT ENTERTAINMENT IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
6.1 Guarantee for Bodily software program Merchandise
BLACKSPOT ENTERTAINMENT warrants to you (in case you are the preliminary and authentic purchaser of the Software program) that, to the extent the Software program is made obtainable to you on a bodily storage medium, the unique storage medium holding the Software program is free from defects in materials and workmanship below regular use and repair for 90 days from the date of buy. If necessary laws in your jurisdiction requires longer in extra to the aforementioned 90 days, the size of the guarantee is amended accordingly. If for any purpose you discover a defect within the bodily storage medium in the course of the guarantee interval, BLACKSPOT ENTERTAINMENT agrees to exchange, freed from cost, any bodily storage medium and associated Software program found to be faulty throughout the guarantee interval so long as the Software program is at the moment commercially distributed by BLACKSPOT ENTERTAINMENT. If the Software program is now not obtainable, BLACKSPOT ENTERTAINMENT retains the suitable to substitute the same piece of Software program of equal or higher worth. This guarantee is restricted to the bodily storage medium and the Software program as initially supplied by BLACKSPOT ENTERTAINMENT and isn’t relevant to regular put on and tear. This guarantee shall not be relevant and shall be void if the defect has arisen by way of abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly restricted to the guarantee interval described above.
When returning the Software program topic to the restricted guarantee above, please ship the unique Software program solely to the BLACKSPOT ENTERTAINMENT handle specified under and embrace: your identify and return handle; a photocopy of your dated gross sales receipt; and a short notice describing the defect and the system on which you’re working the Software program.
6.2 No different Warranties
NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE BLACKSPOT ENTERTAINMENT SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. BLACKSPOT ENTERTAINMENT, BLACKSPOT ENTERTAINMENT’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BLACKSPOT ENTERTAINMENT, BLACKSPOT ENTERTAINMENT’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE BLACKSPOT ENTERTAINMENT SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE BLACKSPOT ENTERTAINMENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE BLACKSPOT ENTERTAINMENT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER BLACKSPOT ENTERTAINMENT SERVICES OR THAT ANY ERRORS IN THE BLACKSPOT ENTERTAINMENT SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY BLACKSPOT ENTERTAINMENT, BLACKSPOT ENTERTAINMENT’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7 LIMITATION OF LIABILITY
IN NO EVENT WILL BLACKSPOT ENTERTAINMENT, BLACKSPOT ENTERTAINMENT’S AFFILIATES, BLACKSPOT ENTERTAINMENT’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE BLACKSPOT ENTERTAINMENT SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT BLACKSPOT ENTERTAINMENT, BLACKSPOT ENTERTAINMENT’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, BLACKSPOT ENTERTAINMENT’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL BLACKSPOT ENTERTAINMENT’S, BLACKSPOT ENTERTAINMENT’S AFFILIATES’, BLACKSPOT ENTERTAINMENT’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE BLACKSPOT ENTERTAINMENT SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.
8 OTHER TERMS AND CONDITIONS
TERMINATION: This EULA will terminate robotically when you fail to adjust to its phrases and circumstances. In such occasion, you will need to destroy all copies of the Software program and all of its element elements and stop and desist from accessing any BLACKSPOT ENTERTAINMENT Companies. With reference to Software program delivered on a bodily storage medium you may finish this EULA by destroying the Software program and all copies and reproductions of the Software program and deleting and completely purging the Software program from any shopper server or laptop on which it has been put in.
EQUITABLE REMEDIES: You hereby agree that if the phrases of this EULA aren’t particularly noticed, BLACKSPOT ENTERTAINMENT will probably be irreparably broken, and due to this fact you agree that BLACKSPOT ENTERTAINMENT shall be entitled, with out bond, different safety or proof of damages, to acceptable equitable treatments with respect to your breach of any of the phrases of this EULA, along with every other obtainable treatments.
AFFILIATE: For functions of this EULA, an “affiliate” or BLACKSPOT ENTERTAINMENT means any authorized entity that’s straight or not directly managed by BLACKSPOT ENTERTAINMENT for as long as such management lasts. Management shall exist by way of direct or oblique possession of greater than 50 % of the nominal worth of the issued fairness share capital or greater than 50 % of the shares entitling the holders to vote for the election of the members of the board of administrators or individuals performing related capabilities.
INDEMNITY: You conform to indemnify, defend and maintain BLACKSPOT ENTERTAINMENT, its companions, associates, contractors, officers, administrators, workers and brokers innocent from and towards any and all damages, losses and bills arising straight or not directly from: (i) your acts and omissions to behave in utilizing the BLACKSPOT ENTERTAINMENT Companies pursuant to the phrases of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the whole settlement regarding this license between the events and supersedes all prior agreements and representations between them. BLACKSPOT ENTERTAINMENT reserves the suitable, at its discretion, to vary, modify, add or take away parts of this EULA by posting the up to date EULA on BLACKSPOT ENTERTAINMENT’s web site. You can be deemed to have accepted such modifications by persevering with to make use of the BLACKSPOT ENTERTAINMENT Companies. If any provision of this EULA is held to be unenforceable for any purpose, such provision shall be reformed solely to the extent essential to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will probably be ruled by the legal guidelines of United States of America regardless of its selection of legislation guidelines. The United Nations Conference for the Worldwide Sale of Items shall not apply.
Any dispute, controversy or declare arising out of or referring to this EULA or the breach, termination or validity thereof shall be lastly settled at BLACKSPOT ENTERTAINMENT’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Guidelines for Expedited Arbitration of the Arbitration Institute of the American Chamber of Commerce. The arbitration shall be performed in Sacremento, California, within the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BLACKSPOT ENTERTAINMENT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT firstname.lastname@example.org.