END USER LICENSE AGREEMENT
Thank you for your interest in Gunjack™, a virtual reality arcade shooter game ("Gunjack" or the "Game"). Gunjack is offered by CCP hf. ("CCP"), a company based in Reykjavik, Iceland, dedicated to the creation of next generation games. You may play Gunjack by downloading it from CCP's authorized partners (hereinafter "commonly referred to as "CCP's Partners") and using it on your device.
To play Gunjack, CCP requires that you review and agree to the following terms and conditions of this End User License Agreement ("EULA").
This EULA describes the terms and conditions under which you may use and play Gunjack. CCP may amend this EULA from time to time by posting an amended version at http://www.gunjack.com/eula/. If you accept this EULA, the then-current version of this EULA shall apply each time you play Gunjack.
This EULA is strictly between you and CCP. CCP is solely responsible for Gunjack, and not the above-mentioned parties. Those parties may however be considered as third party beneficiaries of this EULA, to the extent as may be applicable.
By downloading and/or playing Gunjack, you accept the terms and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you must not download, access or play Gunjack and must discontinue its use immediately.
REQUIREMENTS TO PLAY
To play Gunjack, you must: (i) pay a fee, as charged by CCP's Partners, for your copy of Gunjack; (ii) download a copy of Gunjack to an authorized gaming device and (iii); comply with this EULA.
TERMINATION; SUSPENSION OF ACCOUNT
A. By CCP for Termination of the Game
CCP does not guarantee that it will continue to support the Game indefinitely. CCP may, in its sole discretion, cease to provide any or all of the items or services offered in connection with Gunjack (including patches and updates) and terminate the EULA. CCP may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when you log into your Account(ii) in a notice on CCP's website; (iii) via electronic mail; or (iv) in another manner that CCP deems suitable to inform you of the termination. If CCP terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any Fees.
B. By CCP for Breach or Misconduct
CCP, in its sole discretion, may immediately and without notice terminate the EULA and cancel all rights granted to you under the EULA if: (i) you fail to pay the fee when due; (ii) CCP is unable to verify or authenticate any information you provide; (iii) you or anyone using accessing Gunjack materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of CCP or any third party; or (iv) CCP becomes aware of gameplay that is, in CCP's discretion, inappropriate, offensive, or in violation of the rules of conduct. CCP may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
Termination by CCP under this section shall be without prejudice to or waiver of any and all of CCP's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of any fees for a termination pursuant to this section.
C. By You
i. Termination of EULA
You may terminate the EULA upon notice to CCP via electronic mail. Upon termination of the EULA, you must cease playing and/or accessing the Game immediately. Upon termination of the EULA, you will not be entitled to receive a refund of any fees in the event of such termination.
ii. Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA. You may terminate the EULA by notifying CCP via electronic mail to CCP at Gunjack VR within thirty (30) days after the amended EULA was communicated to you, provided that you have not downloaded, accessed or played the Game during that period. Your notice must state that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and that you wish to terminate the EULA. You will not be entitled to receive a refund of any fees in the event of such termination. If you download and/or continue to access or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
D. Effects of Termination
If for any reason the EULA is terminated, all rights granted to you under the EULA will terminate, unless expressly reserved by applicable law. You must discontinue your use of the Game, you may not access or play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing Gunjack, or for any other compensation.
A. Specifically Restricted Conduct
Your license to play the Game is subject to proper conduct. Without limiting CCP's rights to control the Game environment, and the conduct of the players within that environment, CCP prohibits the following practices:
- You may not use your own or third-party software to modify any content appearing within the Game environment or change how the Game is played.
- You may not use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
- You may not use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or the Game may be played by others, as, for example, through server emulators.
- You may not submit any content to any chat room or other public forum hosted by CCP that is harassing, abusive, threatening, harmful, obscene, libellous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights.
B. Compliance with Rules of Conduct
PRIVACY AND USE OF PERSONAL INFORMATION
Transmissions of information by you to CCP are not private. You acknowledge and agree that you have no expectation of privacy regarding transmission of information you make in the Game.
The term “User Personal Details” means information relating to your personal account details (if applicable), including your email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such language selection, any dates the foregoing data is modified, and any other information relating to your account.
The term “User Gameplay Information” means any information relating to your play or use of the Game, including of your gameplay statistics, preferred strategies, trends, history of technical issues and support usage.
User Personal Details and User Gameplay Information together constitute “User Data”.
Collection and Use of User Personal Details
Collection and Use of User Gameplay Information
You acknowledge and agree that CCP may collect and store User Gameplay Information about you, both as an individual and aggregated with the User Gameplay Information of other users of the Game. In addition, you acknowledge and agree that CCP may analyse and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of CCP products and services.
Transfer and Sharing of User Data
You agree that CCP may transfer, share, and/or store your User Data:
- whether inside or outside the European Economic Area where reasonably necessary to administer, operate maintain and support the Game;
- in particular, to the US and the People's Republic of China for the purpose of managing customer support and technical issues; and
- with suitable third parties under a binding duty of confidentiality in order for such third parties to carry out the limited activities of CCP permitted by this Section 7.
C. SECURITY AND DISCLOSURE OF USER DATA
CCP does not guarantee that User Data transmitted to CCP, including without limitation information in your account and/or User Personal Details, will not be disclosed to third parties. While CCP's aim is to keep your User Data confidential and CCP employs security measures to protect it, third parties may unlawfully intercept transmissions or private communications, or access data within CCP's systems.
CCP may (and you hereby expressly authorize CCP to) disclose information about you to private entities, law enforcement or other government officials, as CCP, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
You further agree that in the event of a failure in the Game, CCP’s systems and software, CCP may provide crash dump information (which is information on the state of a computer system when a crash occurs, and may include your User Data) to third parties under suitable confidentiality restrictions in order to review, analyse and provide reports on such information to determine the cause or correction of the failure.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a virtual reality device may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Players using virtual reality hardware shall carefully review all health and safety warnings from their respective manufacturers before use.
A. Limited License
Subject to the other terms of the EULA, CCP grants you a limited, non-exclusive, revocable license to use Gunjack and its accompanying documentation solely in order to play the Game.
You may use only one copy of the Game. You must pay for and download a separate copy of the Game for each device you intend to use to access and play the Game on; e.g., if you have 2 devices, you must have 2 licensed copies of the Game.
B. Specific Restrictions
Any and all rights not expressly granted by CCP herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept any information accessible through the Game for any purpose other than playing Gunjack in accordance with the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Game or any documentation accompanying the Game. You may not transfer the Game except as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the Game, including without limitation, any part of the Game content or any item, object or character in the Game.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Game, or from any information accessible through the Game (including, without limitation, data packets transmitted to and from CCP's systems over the Internet), or anything incorporated therein, or analyse, decipher, "sniff" or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Game contains license management technology, you may not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
D. Software Updates
CCP may from time to time update or otherwise modify the Game electronically, or require you to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game. If you fail to install the new release when required, CCP shall not be responsible in any way for your inability to play Gunjack, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
E. New Releases of the Software
You are not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the EULA, but CCP may, in its sole discretion, offer any or all of the foregoing to you. CCP may provide new releases or otherwise enhance the Game at any time, in its sole discretion, without obligation to you. Any such new release or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, CCP will require all users to migrate to new releases of the Game in order to continue to play it. If you fail to update the Game and install the new release when required, CCP shall not be responsible in any way for your inability to play Gunjack, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
As between you and CCP, CCP is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. CCP reserves all rights not expressly stated herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the Internet when applicable (collectively, the "Game Content"). CCP, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to CCP any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload while playing the Game, including without limitation all files, data and information. To the extent that any such rights are not assignable, you hereby grant CCP an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed.
Violation of CCP's proprietary rights is a material breach of the EULA, in the event of which CCP may terminate the EULA and take whatever additional action CCP deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of CCP's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
The Game, all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with playing the Game.
CCP disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. CCP does not warrant that the operation of the Game or your access to the Game, or that your use of the Game will be uninterrupted or error-free, or that the Game will be compatible with your hardware and software. In the event of a malfunction of, or your inability to use, the Game you have downloaded, your sole and exclusive remedy shall be a replacement download, and CCP shall have no liability for the faulty download.
In no event shall CCP, its affiliates, CCP's Partners, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the Game, Game Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 8 or elsewhere in the EULA are declared to be void or unenforceable, then CCP's liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
You shall defend, indemnify and hold harmless CCP and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Game; (ii) any activities conducted with your copy of the Game (whether by you or another person); and (iii) your playing of the Game.
AMENDMENTS TO EULA
CCP may, in its sole discretion, amend the EULA from time to time by posting an amended version at http://www.gunjack.com/eula/ and/or notifying you when you attempt to access the Game. You must accept the amended EULA in order to continue to play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 2, Termination.
GOVERNING LAW AND JURISDICTION
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Iceland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Game, Game Content and/or the rights and obligations of the parties hereto, shall be the Icelandic courts. Notwithstanding the foregoing, CCP shall be entitled to issue legal proceedings against you in any other competent jurisdiction. Where permitted, you hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the Icelandic courts. However, CCP shall be entitled to seek injunctive relief in any jurisdiction in which this EULA is being breached or CCP’s interests are being prejudiced.
The EULA will be published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA will be the governing agreement and shall control all interpretation thereof.
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the Game.
All notices to CCP required or permitted by the EULA shall be by electronic mail at Gunjack VR, unless stated otherwise in the EULA.
This EULA was last revised 25 August 2016.