GAME TITLE: RAD™
Effective Date: July 11, 2019
IMPORTANT: YOUR ACCEPTANCE OF THE TERMS SET FORTH IN THIS XXXX, AND ANY ADDENDUM ATTACHED HERETO, FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EITHER BANDAI NAMCO ENTERTAINMENT AMERICA INC. (“BNEA”) OR BANDAI NAMCO ENTERTAINMENT EUROPE S.A.S. (“BNEE”) AS APPLICABLE (IN EITHER CASE, “BANDAI NAMCO”) RELATING TO A PARTICULAR GAME. THE BANDAI NAMCO ENTITY WITH WHICH YOU ARE ENTERING INTO A CONTRACTUAL RELATIONSHIP WITH DEPENDS ON YOUR PLACE OF RESIDENCE. IF YOU ARE A RESIDENT OF NORTH AMERICA, CENTRAL AMERICA, OR SOUTH AMERICA, THIS AGREEMENT IS BETWEEN YOU AND BNEA. IF YOU ARE A RESIDENT OF ANYWHERE ELSE, THIS AGREEMENT IS BETWEEN YOU AND BNEE. SPECIFIC PROVISIONS OF THIS AGREEMENT MAY APPLY TO YOU DEPENDING ON YOUR RESIDENCY.
IN ADDITION TO GRANTING CERTAIN RIGHTS AND IMPOSING CERTAIN OBLIGATIONS, THE TERMS OF THIS AGREEMENT MAY REQUIRE RESIDENTS OF THE UNITED STATES AND BNEA TO RESOLVE CERTAIN DISPUTES THROUGH MANDATORY, BINDING ARBITRATION (SEE SUBSECTION 14.a) AND TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION RELATING TO SUCH DISPUTES (SEE SUBSECTION 14.b). WHILE THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS WILL ONLY APPLY TO RESIDENTS OF CERTAIN TERRITORIES, BANDAI NAMCO STRONGLY ADVISES YOU TO READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCEPTING.
YOUR USE OF THE GAME AND ANY OF THE GAME’S ONLINE SERVICES, AS DEFINED BELOW, IS ALSO SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OF SONY INTERACTIVE ENTERTAINMENT LLC AND ITS AFFILIATES (AS THE “PLATFORM OPERATOR”), INCLUDING THE PLAYSTATION™ NETWORK TERMS OF SERVICE AND USER AGREEMENT, AND/OR ANY OTHER TERMS AND AGREEMENTS APPLICABLE TO THE HARDWARE, AS DEFINED BELOW.
IF THIS DOCUMENT HAS BEEN PRESENTED TO YOU IN A LANGUAGE OTHER THAN ENGLISH, PLEASE NOTE THAT ANY DISAGREEMENT OR INCONSISTENCY BETWEEN THE TERMS OF THE ENGLISH LANGUAGE VERSION AND THE VERSION PRESENTED TO YOU SHALL BE RESOLVED IN FAVOR OF THE ENGLISH LANGUAGE VERSION, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WARNING: A small percentage of the population may experience episodes associated with epilepsy, such as seizures or sudden loss of awareness, when exposed to certain visual images that may appear in video games. If You or anyone in Your family has suffered from such epileptic episodes, please immediately consult Your physician before You install, access, play, or otherwise use the Game. Please immediately stop playing the Game and consult Your physician if You experience any of the following symptoms: dizziness, disorientation, loss of consciousness or awareness, convulsions, sporadic jerking movements of arms or legs, muscle stiffness, or eye twitching.
PLEASE READ THE FOLLOWING CAREFULLY:
1. DEFINITIONS. Throughout this XXXX, certain capitalized words and phrases have been given specific definitions, which can be identified wherever those words or phrases first appear in quotes. For example, for the purposes of this XXXX, “You” refers to any individual, natural person that has lawfully obtained a copy of the Game (including by downloading any updates or patches for the Game) and subsequently installed, accessed, played, or otherwise used that copy of the Game, in any way.
2. EFFECTIVE DATE. If, at any time, on or after the Effective Date first set forth above (the “Effective Date”), You first obtained a copy of the Game, were presented with these terms (including as a hyperlink to an online copy of this XXXX, or as packaged with, or embedded in a copy of the Game), and then subsequently installed, accessed, played, or otherwise used a copy of the Game, in any way, You and BANDAI NAMCO are legally bound by the terms of this XXXX until either: (i) this XXXX is terminated by You or by BANDAI NAMCO, as permitted by its terms; or (ii) this XXXX is superseded by the terms of an updated end user license agreement for the Game that was presented to, and accepted by You after the Effective Date.
3. INTELLECTUAL PROPERTY RIGHTS IN THE GAME. The Game is licensed, not sold, to You for use only under the terms of this XXXX, unless superseded by a separate written license agreement, executed by an authorized representative of BANDAI NAMCO, in which case the terms of that separate BANDAI NAMCO license agreement will control over any terms of this XXXX. Except for the rights granted under the License set forth in Subsection 5.a, below, all intellectual property rights in and to the Game Title first referenced above (which includes the software stored on any tangible recording media purchased by You, if any, or later downloaded by You, together with any Virtual Items, Game Currency, and all other Game Content, as defined below, (collectively, the “Game”)) and all title and interest therein, are owned exclusively by BANDAI NAMCO and/or its licensors and are protected by domestic and foreign copyright laws and international treaties. Except as required by applicable law, the License granted to You by BANDAI NAMCO does not convey to You, nor authorize You to earn or acquire any interest, monetary or otherwise, in any element, feature, or content contained in or relating to the Game. As between You and BANDAI NAMCO, BANDAI NAMCO reserves all rights in and to the Game that are not expressly granted to You through this XXXX.
4. PRECONDITIONS OF THE LICENSE. The License granted in this XXXX is specifically conditioned upon the following and Your full compliance with all other terms and conditions set forth in this XXXX:
a. You have reached the age of majority in Your jurisdiction. If You are under the age of majority in Your jurisdiction, Your legal representative (e.g., a parent or a person who has legal parental authority over You) must agree on Your behalf to comply, and take full responsibility for Your compliance, with this XXXX prior to Your use of the Game;
b. You agree to and comply with all of the terms in this XXXX, and any additional terms as may be applicable to the Game, Your acceptance of which is evidenced by Your access to and use of the Game;
c. You agree not to download, install, access, play, or otherwise use the Game in any way except on devices owned or controlled exclusively by You, running validly-licensed copies of operating systems on which the Game is designed to operate and which meet the minimum requirements set by BANDAI NAMCO (collectively, the “Hardware”);
d. You have accepted and are in compliance with all terms and conditions of the Platform Operator from which Your Hardware will download, install, or access any copy of the Game, any updates to the Game, or through which any monetary transactions conducted in connection with the Game may be performed;
e. You have fully complied with all security measures necessary for You to make full use of the Game, which may require registration of the Game with a serial code, access to the Internet, and/or the acceptance of certain security/digital rights management features. Your failure or inability to fully comply with such security measures may impair or prevent You from accessing or making use of the Game, its Online Services, Virtual Items, Game Currency, or Purchased Game Currency; and
5. LIMITED USE LICENSE & ACCEPTABLE USE POLICY.
a. Limited Use License. Subject to Your strict compliance with the terms of this XXXX, BANDAI NAMCO grants You a non-exclusive, non-transferable, revocable, limited right and license to access and use one copy of the Game solely for Your personal use, on Your Hardware (the “License”). Any commercial use of the Game by You is strictly prohibited. To access and use the Game, You must have legally obtained the Game from BANDAI NAMCO and all Hardware and/or third-party
products and Third Party Services required to operate the Game and/or access any Online Service of the Game that BANDAI NAMCO does not provide. You are responsible for paying all fees, taxes, and other costs You may incur to access and use the Game, including, but not limited to, costs for purchasing or maintaining Your Hardware, Your Internet service, and any other third party products or Third Party Services required to access any Online Service of the Game. Neither this XXXX, nor Your access to or use of the Game, entitles You to such Hardware, Your Internet service, such products or service, or any future releases of the Game or any expansions, sequels, or similar or ancillary products. You hereby expressly acknowledge that You do not have and will not acquire any interest, monetary or otherwise, in any feature or content contained in or relating to the Game.
b. Acceptable Use Policy. The License granted to You in Section 5.a is strictly conditioned upon Your strict compliance with the terms of this XXXX, including Your forbearance from:
i. Copying the Game (except for making a single backup copy);
ii. Selling, renting, leasing, licensing, sublicensing, distributing, or otherwise transferring or making the Game available to any other person, in whole or in part;
iii. Using the Game or any part thereof in any commercial context, including, but not limited to, on a commercial website or in a service bureau, “cyber café,” computer gaming center, or any other commercial location in which a user may access or use the Game or the Game’s elements who has not purchased or been authorized by BANDAI NAMCO;
iv. Reverse engineering, deriving source code, modifying, decompiling, disassembling, or creating derivative works of the Game or any portion thereof, in whole or in part;
v. Removing, disabling, or circumventing any proprietary notices or labels contained on or in the Game or any Online Service thereof; or
vi. Exporting or re-exporting the Game, the Third Party Software, or any copy or adaptation thereof, directly or indirectly, in violation of any U.S. laws, including without limitation any applicable export restrictions.
6. ONLINE SERVICES, VIRTUAL ITEMS, & GAME CURRENCY.
a. Online Services. Through the Game, You may also be permitted to access certain online or downloadable features which may include online multi-player functionality and features, including Community Events (as defined below), downloadable “patches” and other software updates for the Game, the Online Store (as defined below), Virtual Items (as defined below), Game Currency (as defined below), and other additional Game Content (as defined below) not fully-included or made accessible in the copy of the Game initially obtained by You (collectively, the “Online Services”). Notwithstanding any License granted by BANDAI NAMCO under this XXXX, You may not be able to access Online Services of the Game unless You have satisfied, and have continued to satisfy certain requirements, such as Your location, the location of Your residence, Your age, Your ability to obtain lawful access to the internet, and the ability of Your Hardware to establish and maintain a secure internet connection. Please refer to Your agreements with the Platform Operator for more information about any requirements that must be satisfied to access any Online Services of the Game. Except as required by applicable law, BANDAI NAMCO cannot and will not guarantee Your access to any Online Service of the Game, and hereby expressly disclaims any liability arising from Your inability to access any Online Service of the Game, for any reason. In no event shall this XXXX obligate the Platform Operator to provide You with any of the foregoing.
b. Community Events. The Online Services may include certain community events, such as tournaments, sweepstakes, and contests (collectively, “Community Events”), which may allow players to win Virtual Items, Game Currency, and other prizes. Your participation in Community Events will be subject to the terms set forth in this XXXX, and any other applicable terms, conditions, and rules, available and posted at, from to time, at: xxxxx://xxx.xxxxxxxxxxxxxx.xxx/xxxxx/xxxxxxxxx-xxxxxx.
c. Virtual Items & Game Currency.
i. License to Virtual Items & Game Currency. Through the Game, BANDAI NAMCO may offer You the opportunity to obtain a limited License for certain in-game virtual goods or services (collectively, “Virtual Items”) by completing certain in-Game tasks or activities, as specified therein. Certain Virtual Items may be exchanged or redeemed, by You, within the
Game (collectively, “Game Currency”) to obtain a limited License for other Virtual Items or other forms of Game Currency. Except as prohibited by applicable law or as otherwise set forth in this XXXX, all Virtual Items and Game Currency: (i) are subject to the License terms set forth in Section 5, above, regardless of how obtained; (ii) do not have any equivalent value outside the Game; (iii) may not be used as a substitute for, and may not be redeemed or exchanged for real currency or tangible goods or services; (iv) may not be redeemed, transferred, sold, exchanged, traded, leased, sublicensed, or rented, except through the Game and only as expressly permitted by BANDAI NAMCO; (v) may be subject to actions, undertaken by BANDAI NAMCO in its sole discretion, that may impact any perceived value of such Virtual Items or Game Currency, including by managing, modifying, suspending, and/or removing such Virtual Items or Game Currency from the Game without prior notice to You; and (vi) are subject to the same age rating as the Game.
ii. Termination of License to Virtual Items & Game Currency. Except as otherwise required by applicable law or expressly set forth in this XXXX, Your License to any Virtual Items or Game Currency will terminate upon the earlier occurrence of either: (i) Your consumption or loss of such Virtual Items through normal play or usage of the Game (including the Game’s Online Services); (ii) Your redemption or exchange of such Game Currency for any other Virtual Item or other form of Game Currency; or (iii) termination of this XXXX, as permitted herein. Except as otherwise prohibited by applicable law, BANDAI NAMCO reserves and retains all rights, title, and interest in and to all Virtual Items and Game Currency.
iii. Online Store, Purchased Virtual Items, & Purchased Game Currency. The Game’s Online Services may also include or enable You to access an online marketplace, administered by the Game’s Platform Operator (the “Online Store”), through which You may be permitted to create an account, maintain an account balance, and/or purchase a limited License to certain Virtual Items (collectively, “Purchased Virtual Items”) and/or Game Currency (collectively, “Purchased Game Currency”). Once the Platform Operator has processed any payment required from You, Your license to any corresponding Purchased Virtual Items or Purchased Game Currency will be activated or made accessible in or through the copy of the Game on Your Hardware, automatically, or by following and completing any necessary instructions provided to You at the time of Your purchase. In the event Your payment has been processed, but the License to the corresponding Purchased Virtual Items or Purchased Game Currency has not been activated or made accessible as described above, please contact the Platform Operator’s customer support line, which may be found in Your agreement(s) with, or on the official website of such Platform Operator. Except for the purchase price applicable to any Purchased Virtual Items or Purchased Game Currency, BANDAI NAMCO will not charge You any additional fees to access, use, or to refrain from using any Purchased Virtual Items or Purchased Game Currency.
iv. Refunds & Redemption of Purchased Virtual Items & Purchased Game Currency. Except as otherwise required by applicable law or expressly set forth in this XXXX, all purchases of Purchased Virtual Items and Purchased Game Currency are final and are not refundable, transferable, or exchangeable and will be deemed delivered to and accepted by You once the corresponding License is activated or made accessible in or through the copy of the Game on Your Hardware. Without limiting the foregoing, Purchased Game Currency will be redeemed upon the earlier occurrence of either: (i) Your election to exchange such Purchased Game Currency for a limited License to any other Virtual Item, including any other form of Game Currency, within the Game; or (ii) issuance of a refund to You of the amount paid to purchase the limited License for such Purchased Game Currency, if required by applicable law. Except as otherwise prohibited by applicable law, any monetary value paid for a limited License to any Purchased Game Currency will be nullified by Your redemption of such Purchased Game Currency and will not carry over or persist in any other Virtual Items or other forms of Game Currency obtained through such redemption.
available to You prior to downloading any copy of the Game from the Platform Operator or accessing the Game’s Online Services. However, in the event You withdraw Your consent to BNEA’s storage, use, and/or processing of such personal data, as necessary for BNEA to provide You with access to such Online Services in a commercially reasonable manner, BNEA reserves the right to terminate all rights granted to You under this XXXX, to the extent permitted by applicable law.
8. THIRD PARTY SOFTWARE AND SERVICES.
a. Third Party Software. The Game may include certain software licensed to BANDAI NAMCO by a third party (collectively, “Third Party Software”), as set forth in any Addendum attached hereto. Your use of the Game may be subject to additional terms and conditions applicable to such Third Party Software.
b. Third Party Services. For Your convenience, the Game’s Online Services may enable integration with and access to certain services operated by a third party (“Third Party Services”), as set forth in any Addendum attached hereto. To the fullest extent permitted by applicable law, Your use of the Game constitutes Your acknowledgement that: (i) Accessing such Third Party Services may require the purchase of additional third party products, Internet access, and/or entering into a separate paid license agreement with the provider of such Third Party Services; (ii) BANDAI NAMCO is not affiliated with, does not endorse, and has no authority to exercise direct control over the providers of such Third Party Services; (iii) BANDAI NAMCO is not responsible for examining or evaluating and expressly disclaims all representations and warranties regarding the accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect of such Third Party services, or the privacy practices of the providers of such Third Party Services; (iv) any use of such Third Party Services is at Your sole risk and liability, including compliance with any terms, conditions or laws applicable to such Third Party Services; (v) any costs incurred by accessing such Third Party Services, shall be borne solely by You; and (vi) except as otherwise expressly set forth in this XXXX, BANDAI NAMCO is not and will not be liable for any failure or loss of access to or use of such Third Party Services, even if caused by BANDAI NAMCO’s termination of the License granted to You under this XXXX, the Game’s integration with Third Party Services. Notwithstanding the foregoing, BANDAI NAMCO reserves the right to change, suspend, remove, or disable any integration between the Game and such Third Party Services, at any time, without prior notice to You.
9. USER-GENERATED CONTENT.
a. User-Generated Content. Certain Online Services of the Game may enable You to create, upload, publicly distribute, or otherwise take attribution for certain forms of creative content (“User- Generated Content”) through such Online Services. With respect to any such User-Generated Content created, uploaded, or otherwise attributable to You:
i. You hereby grant BANDAI NAMCO, its licensors, and the Platform Operator, a perpetual, irrevocable, royalty-free, fully-transferable, and sub-licensable right and license to use such User-Generated Content in any way, throughout the world, for any purpose, including copying, adapting, modifying, creating derivative works from, publicly performing, displaying, publishing, broadcasting, transmitting, distributing, and otherwise exploiting such User- Generated Content, by any and all means and media, whether now known or hereafter devised, for the entire duration of any intellectual property rights You hold, in whole or in part, in such User-Generated Content, without any further notice or compensation of any kind to You (the “UGC License”), provided that such UGC License is granted on a non-exclusive basis (unless subject to Subsection 9.b.iv, below);
ii. To the extent permitted by applicable law, You hereby waive any moral rights of attribution, publication, reputation, or paternity, with respect to any use or enjoyment of such User- Generated Content, by BANDAI NAMCO, its licensors, the Platform Operator, and any other users of the Game, for the entire duration of such rights under applicable law (the “UGC Waiver”); and
iii. You agree that You shall not, and shall not allow any third party to create, upload, or otherwise attribute to You any User-Generated Content in which any third party holds any intellectual property rights.
b. User-Generated Content Incorporating Game Content. Unless otherwise expressly authorized by
BANDAI NAMCO in writing (including through in-Game notifications and/or the rules or terms of certain Community Events), by incorporating or utilizing in any User-Generated Content any imagery, video, audio, or other creative elements from the Game (collectively, “Game Content”), You acknowledge and agree that:
i. Doing so is prohibited by, and violates the terms of this XXXX;
ii. BANDAI NAMCO and its licensors reserve the right to enforce any intellectual property rights BANDAI NAMCO and/or its licensors hold in or to any Game Content incorporated in such User-Generated Content;
iii. Any delay or failure by BANDAI NAMCO or its licensors to remove or demand the removal of such User-Generated Content shall not constitute a waiver of any right to remove or demand the removal of such User-Generated Content;
iv. All such User-Generated Content shall be subject to the UGC Waiver set forth above, and the UGC License, but granted solely to BANDAI NAMCO, on an exclusive basis; and
v. Upon request by BANDAI NAMCO, at Your own expense, You shall take all reasonably steps to ensure that all copies of such User-Generated Content within Your possession, custody, or control are securely destroyed or deleted, including all copies uploaded to or stored on or accessible through any third party services.
10. ONLINE CONDUCT & ONLINE COMMUNICATION.
a. Online Conduct. Certain Online Services may enable You to communicate with other players, including players on other platforms. You acknowledge and agree that such communications shall be subject to all such Platform Operators’ terms and conditions. You acknowledge and agree that BANDAI NAMCO does not screen content of postings or communications through the Game’s Online Services before such content is shown to You. BANDAI NAMCO does not assume any liability for User-Generated Content, including for any failure to remove, or any delay in removing User-Generated Content. BANDAI NAMCO expressly disclaims any expectation of privacy with respect to any User-Generated Content You may create or contribute through the Game, including through any forum posting or online chats, and reserves the right to review all such User-Generated Content whenever BANDAI NAMCO reasonably suspects a violation of this Section, or any other provision of this XXXX may have occurred. BANDAI NAMCO may, but is not obligated to store all such User-Generated Content for a period of no fewer than ninety (90) days. Without limiting any of its other rights and remedies under this XXXX or applicable law, if BANDAI NAMCO objects to any User-Generated Content for any reason, BANDAI NAMCO, in its sole discretion may (either itself or, if applicable, by request to the Platform Operator): (a) remove the User-Generated Content; (b) give warnings to applicable persons; and/or (c) restrict, suspend, or terminate access to and use of the Game’s Online Services without prior notice. You agree that You are and will be, at all times, personally responsible for Your access to and use of the Game’s Online Services, and for all of Your communication and activity in connection with the Game, including any User-Generated Content.
b. Online Communication. In connection with Your communication and activity through, and in connection with the Game, You agree not to:
i. Harass, threaten, embarrass, or do anything else to another user of the Game that is unwanted, as determined by BANDAI NAMCO in its sole discretion.
ii. Impersonate any person or entity, including any BANDAI NAMCO officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
iii. Access the Game using any technology intended to mask or conceal Your IP address, including any proxies, virtual private networks, or remote access services.
iv. Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by BANDAI NAMCO in its sole discretion. Hate speech is not tolerated.
v. Promote or encourage any illegal activity, including hacking.
vi. Disclose Your own or other users’ personal information to third parties.
vii. Impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar
language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods in an attempt to disturb other users of the Game.
viii. Cheat or utilize unauthorized exploits in connection with the Game, including by exploiting any bugs, errors, or design flaws to obtain unauthorized access to or use of the Game or to gain an unfair advantage over other players of the Game.
ix. Violate any applicable laws including, but not limited to, by posting, transmitting, promoting, or distributing content that violates any applicable law or regulation.
x. Violate any rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local, and foreign laws where applicable.
xi. Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of BANDAI NAMCO or the third-party service provider (if applicable) in maintaining the Game for the enjoyment of all its users.
xii. Intentionally disconnect from the network during online play or allow Yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game.
xiii. Violate any other terms or policies communicated by BANDAI NAMCO from time to time.
11. LIMITATION OF LIABILITY AND DAMAGES & DISCLAIMER OF WARRANTIES.
a. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANDAI NAMCO, ITS SUPPLIERS, ITS LICENSORS, OR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS THEREOF, BE LIABLE FOR ANY CLAIM, INCLUDING BREACH OF CONTRACT, NEGLIGENCE (OTHER THAN GROSS NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, OR PRODUCT LIABILITY ARISING FROM OR RELATING TO YOUR POSSESSION OF, ACCESS TO, USE OF, OR INABILITY TO USE THE GAME, OR THE FAILURE TO PROVIDE SUPPORT SERVICES. WITHOUT LIMITING THE FOREGOING, THE PLATFORM OPERATOR SHALL NOT BE HELD LIABLE UNDER THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
b. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY AVAILABLE TO YOU FROM BANDAI NAMCO, ITS SUPPLIERS, ITS LICENSORS, AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS THEREOF, FOR ANY AND ALL DAMAGES ARISING FROM OR RELATING TO THE GAME OR THIS XXXX SHALL BE LIMITED TO THE LESSER OF EITHER: (i) THE TOTAL AMOUNT PAID BY YOU TO PURCHASE A LICENSE TO A SINGLE COPY OF THE GAME, TOGETHER WITH ANY AMOUNT SUBSEQUENTLY COLLECTED FROM YOU BY BANDAI NAMCO (AND NOT REFUNDED OR CHARGED BACK) FOR LICENSES TO ANY PURCHASED VIRTUAL ITEMS OR PURCHASED VIRTUAL CURRENCY; OR (ii) FIVE HUNDRED U.S. DOLLARS AND ZERO CENTS (US$500.00). WITHOUT LIMITING THE FOREGOING, THE PLATFORM OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
c. Disclaimer of Warranties. BANDAI NAMCO AND ITS SUPPLIERS AND LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY: (i) VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE GAME;
(ii) INCOMPATIBILITY BETWEEN THE GAME, OTHER SERVICES, AND HARDWARE; (iii) DELAYS OR FAILURES IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER; OR (iv) OTHER DISRUPTIONS OF YOUR ENJOYMENT AND USE OF THE GAME BEYOND BANDAI NAMCO’S REASONABLE CONTROL. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, BANDAI NAMCO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE PLATFORM OPERATOR SHALL NOT BE HELD LIABLE UNDER THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
d. Jurisdictional Restrictions on Limitations of Liability and Damages. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE LOCAL LAW RESTRICTS OF PROHIBITS LIMITATIONS OF LIABILITY OR DAMAGES IN ANY MANNER THAT IS INCONSISTENT WITH SUBSECTION 11.a or 11.b (INCLUDING FOR DEATH OR PERSONAL INJURY CAUSED BY BANDAI NAMCO’S NEGLIGENCE, ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY BANDAI NAMCO TO YOU, AND ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED OR LIMITED), THE LIMITATIONS SET FORTH IN SUBSECTION 11.a or 11.b ABOVE SHALL BE DEEMED MODIFIED AS NECESSARY TO COMPLY WITH SUCH LOCAL LAWS.
a. This XXXX is effective upon Your agreement to be bound by its terms and remains in effect until terminated by You or BANDAI NAMCO. You may terminate this XXXX at any time by deleting and destroying any and all copies of the Game in Your possession, custody, and control.
b. Except as otherwise prohibited by applicable law, BANDAI NAMCO may limit, suspend, or terminate the License granted hereunder and Your access to and use of the Game, including the Game’s Online Services, if You fail to comply with the terms and conditions of this XXXX.
c. Upon termination of this XXXX, Your rights to access and use the Game, including any License to Virtual Items, user data, points, character progress, and any other information of any kind related to the Game, will terminate immediately, and You must cease all use of the Game.
13. DISPUTE RESOLUTION (NON-U.S. RESIDENTS ONLY). If You are a resident of any nation other than the United States of America, either You or BANDAI NAMCO may refer any dispute relating to or arising from this XXXX or the Game to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. Notwithstanding the foregoing, the terms of this XXXX will not prevent You from bringing any dispute or claim that may be subject to this Section 13: (i) to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from BANDAI NAMCO on Your behalf; (ii) bringing against BANDAI NAMCO, in any court of competent jurisdiction, any claim that is not arbitrable or for which arbitration is prohibited or restricted by applicable law; or (iii) from bringing any claim before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
14. DISPUTE RESOLUTION (U.S. RESIDENTS ONLY). If You are a resident of the United States of America, by accepting the terms of this XXXX, You and BNEA: (i) agree to resolve certain disputes through mandatory binding arbitration, as set forth in Subsection 14.a, and each subpart thereof (collectively, the “Arbitration Agreement”); and (ii) expressly waive the right to a trial by jury or to participate in any class action brought against the other party, pursuant to Subsection 14.b (the “Class Action Waiver”); unless (iii) You exercise Your right to opt out of the Arbitration Agreement and/or the Class Action Waiver, as set forth in Subsection 14.c.
a. MANDATORY, BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SUBPART 14.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THIS XXXX, OR YOUR ACCESS TO OR USE OF THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO
PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS XXXX. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 14.c), YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.
i. Pre-Arbitration Informal Dispute Resolution. Prior to initiating arbitration of any Claim subject to this Arbitration Agreement, You and BNEA agree to make reasonable, good faith efforts to informally resolve any dispute or Claim between You and BNEA. The party seeking to raise such dispute or Claim shall send to the other party a written notice describing the nature and basis of such dispute or Claim and identifying the relief sought. All such written notices to BNEA must be sent via first class mail to: BANDAI NAMCO Entertainment America Inc., Attn: Legal & Business Affairs Department, 0000 Xxxxxxx Xxxxxxx Xxxx., Xxxxx Xxxxx, XX 00000, XXX. If You and BNEA do not agree to resolve such dispute or Claim within 30 days after such written notice is received, the party seeking to raise such dispute or Claim may initiate an arbitration action against the other, as permitted by the Arbitration Agreement, above.
ii. Arbitration Procedure. Arbitration is a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to limited review by courts. The procedure for arbitration of any Claim under this Arbitration Agreement will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: xxxx://xxx.xxx.xxx. Notwithstanding the foregoing, You and BNEA agree that any such arbitration will be conducted in English, and permit the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location.
iii. Excluded Claims. Notwithstanding the foregoing, the terms of this Arbitration Agreement will not prevent You or BNEA from bringing any Claim: (i) to the attention of any federal, state, or local government agencies with the governmental authority and competent jurisdiction to seek relief on Your or BNEA’s behalf, from the other party; or (ii) before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
iv. Severability of Arbitration Agreement. You and BNEA agree that, no provision of this Arbitration Agreement shall be enforceable against You or BNEA and all Claims shall be governed by Section 15, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Arbitration Agreement is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (ii) You submit a proper Opt Out Notice (in compliance with Subsection 14.c), wherein You have expressed Your election to opt out of this Arbitration Agreement.
b. CLASS ACTION WAIVER. YOU AND BNEA HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND BNEA, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 14.a.iii) AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE
BASIS; AND (iii) THE ARBITRATOR (OR COURT, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 14.a.iii) MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 14.a.iii), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED IN SUBSECTION 14.c), YOU AND BNEA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
i. Severability of Class Action Waiver. You and BNEA agree that, no provision of this Class Action Waiver shall be enforceable against You or BNEA and all Claims shall be governed by Section 15, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (ii) You submit a proper Opt Out Notice (in compliance with Subsection 14.c), wherein You have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by You or BNEA to participate in a class action or class arbitration.
c. OPT OUT PROCEDURE. You have the right to opt out and not be bound by the foregoing Arbitration Agreement and Class Action Waiver, by sending a written notice of Your election to opt out from such Arbitration Agreement and/or Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of Subparts 14.c.i – 14.c.iii:
i. Form & Address. Your Opt Out Notice must be sent to the following address: BANDAI NAMCO Entertainment America Inc., ATTN: Legal & Business Affairs, 0000 Xxxxxxx Xxxxxxx Xxxx., Xxxxx Xxxxx, XX 00000, XXX, and either by: (i) first class mail, postage prepaid, certified and return receipt requested; or (ii) overnight courier service (such as Federal Express).
ii. Time Limitations. Unless a longer period is required by applicable law, Your Opt Our Notice must be postmarked (if sent by first class mail) or deposited (if sent by overnight courier service) within: (i) 30 days of Your purchase of Your copy of the Game; or (ii) if no purchase was made, then within 30 days of the date on which You first accessed or used Your copy of the Game.
iii. Required Information. Your Opt Our Notice must include: (i) the title of the specific Game to which Your Opt Out Notice is intended to apply; (ii) Your first and last name; (iii) Your address; (iv) Your phone number; (v) Your email address; (vi) if You are a registered user of the Game or any other BNEA product or service, each of Your usernames for the Game and such other BNEA products and services; and (vii) a statement that You do not agree to the Arbitration Agreement and/or to the Class Action Waiver. BNEA may use the foregoing information included in the Opt Out Notice to record, process, maintain, and administer Your opting out of the Arbitration Agreement and/or Class Action Waiver, as applicable, but not for marketing purposes.
iv. Effects of Proper Opt Out Notice. If Your Opt Out Notice meets all of the above requirements, You and BNEA will be deemed to have opted out of the Arbitration Agreement and/or Class Action Waiver, subject to Your statement in such Opt Out Notice, with respect to this XXXX. Submission of a valid Opt Out Notice applies only to Claims arising from or relating to the Game and XXXX identified therein, as between BNEA and the individual identified in such Opt Out Notice.
v. Effects of Improper Opt Out Notice. If You submit an Opt Out Notice that fails to meet any of the requirements set forth in Subparts 14.c.i – 14.c.iii, You and BNEA will be bound by the Arbitration Agreement and Class Action Waiver set forth in this XXXX.
15. GOVERNING LAW & VENUE.
a. To the extent required by applicable law, all terms and provisions of this XXXX shall be governed
and construed in accordance with all applicable mandatory laws, even if inconsistent with the governing law set forth in the following subparts of this Subsection 15.a:
i. If You reside in North America, Central America, or South America: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this XXXX and/or Your use of the Game; and (ii) You expressly agree that for claims and disputes not subject to the Arbitration Agreement in Section 14.a, above, exclusive jurisdiction for any claim or action arising out of or relating to this XXXX and/or Your use of the Game shall be the federal or state courts that govern Santa Xxxxx County, California, and You expressly consent to the exercise of personal jurisdiction of such courts. Please note that Your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this XXXX.
ii. If You reside in the Republic of Korea: (i) the laws of the Republic of Korea, excluding its conflicts-of-law rules, govern this XXXX and Your use of the Game; and (ii) You expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this XXXX and/or Your use of the Game shall be the competent courts of Seoul, Korea, and You expressly consent to the exercise of personal jurisdiction of such courts.
iii. If You reside anywhere else: (i) the laws of France govern this XXXX and Your use of the Game; and (ii) You expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this XXXX and/or Your use of the Game shall be the competent courts of Lyon, France, and You expressly consent to the exercise of personal jurisdiction of such court.
b. In no event shall the application, interpretation, or enforcement of the terms of this XXXX, under any jurisdictional law contemplated by any subpart of Subsection 15.a exclude, limit, or otherwise restrict any rights vested with You, as a consumer, under any applicable consumer protection law(s).
16. MISCELLANEOUS. If a court of competent jurisdiction conclusively determines that any term or provision of this XXXX is unenforceable, prohibited by applicable law, or inapplicable, such provision shall be struck and the remaining provisions will remain in effect and be enforced as if such unenforceable, prohibited, or invalid provision were not contained in this XXXX. BANDAI NAMCO’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. To the extent permitted by applicable law, You may not assign or transfer this XXXX or Your rights granted to You under this XXXX and, unless otherwise prohibited, any attempt to the contrary is void ab initio. This XXXX, including any Addendum attached hereto, sets forth the entire understanding and agreement between BANDAI NAMCO and You with respect to Your possession, installation, access, play, or other use of the Game, in any way. You and BNEA acknowledge and agree that the Platform Operator is a third party beneficiary of this XXXX, and that, upon Your acceptance of the terms and conditions of this XXXX, such Platform Operator will have the right (and will be deemed to have accepted the right) to enforce this XXXX against You as a third party beneficiary hereof.
If You have any questions concerning this XXXX, You may contact BANDAI NAMCO customer support according to the following:
For residents of Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx, xxx Xxxxx Xxxxxxx please contact BNEA’s customer support line at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/xxxxxxx or by writing to BNEA at: BANDAI NAMCO Entertainment America Inc., 0000 Xxxxxxx Xxxxxxx Xxxx., Xxxxx Xxxxx, XX 00000, XXX.
For residents of anywhere else, please contact BNEE’s customer support line at xxxxx://xxx.xxxxxxxxxxxxxx.xx/xxxxxxx or by writing to BNEE at: BANDAI NAMCO Entertainment Europe S.A.S., 00/00 xxx xxx Xxxxx, XX 00000 – 00000 XXXX CEDEX 09 – France.
GAME TITLE: RAD™
THIRD PARTY SOFTWARE
1. Unreal® Engine 4 licensed by Epic Games, Inc. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2019, Epic Games, Inc. All rights reserved.
2. Wwise licensed by Audiokinetic Inc. Powered by Wwise © 2006 – 2019 Audiokinetic Inc. All rights reserved.
3. Futura® font licensed by Monotype Imaging Inc. Futura is a registered trademark of Xxxxx Types. All rights reserved. Monotype is a trademark of Monotype Imaging Inc. and may be registered in certain jurisdictions. All rights reserved. By installing and using the Game, You agree to Monotype Imaging Inc.’s font software license agreement set forth in Subsections 3.a – i, below (“Font Software License”):
a. The Game contains font software programs which generate human readable typeface designs (“Font Software”). You may not install or use the Font Software on any device except one on which You have installed a properly licensed copy of the Game.
b. The Font Software is supplied to You for Internal Use only. “Internal Use,” as used herein, means use (i) in the course of Your customary and ordinary internal business, or (ii) for Your personal use. If used in the course of Your customary and ordinary internal business, Internal Use shall mean use solely by Your authorized agents and employees. If used for personal use, Internal Use shall mean use solely by individuals who reside with You in Your household. All such agents, employees and household residents must agree to this Font Software License as a condition of using the Font Software. Internal Use shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
c. You may not convert the Font Software into a different format. You may not alter or modify the Font Software in any manner which results in the Font Software having different or enhanced functionality then when it was delivered to You as part of the Game.
d. You may use an application program such as Adobe Acrobat to embed the Font Software into an electronic document. You may send such an electronic document to a third party only for the purpose of permitting the third party to view and print the electronic document. Font Software may not be embedded in any format which permits the recipient of an electronic document to install the Font Software or to use the Font Software for any purpose beyond merely viewing and printing the document. You may not embed Font Software into a Commercial Game. A “Commercial Game” is an electronic document which is distributed in exchange for a fee or other consideration. For example, You cannot embed Font Software into an electronic book or magazine which is offered to the public for a fee.
e. Except for the print and view embedding permission granted in Subsection 3.d of this Font Software License, You may not copy the Font Software, provided, however, You may make one copy of the Font Software for archival purposes only. The archival copy cannot be distributed and can be used only when You have permanently deleted the original or any copy of the Font Software on Your device. You may not reverse engineer, decompile, or take any action which results in or designed to result in gaining access to the source code of the Font Software, except as permitted by law and then only for the purpose of achieving an interoperable program.
f. The Font Software supplied with the Game is proprietary and is protected by U.S. and international copyright and trademark law. All rights not expressly set forth herein are reserved. A breach of this Font Software License may subject You to damages and injunctive relief under this Agreement as well as under applicable copyright and trademark law.
g. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all
bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE GAME OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE GAME AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH
DAMAGES. You agree that Your sole and exclusive remedy and the sole liability of the provider of the Game and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Game, either (and at the sole option of the provider of the Game (i) the replacement of defective Font Software or (ii) the refund of Your license fee paid for such Font Software, if any. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to You. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death so that such limitations or exclusions may not apply to You. In those jurisdictions, You agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives You specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
h. This Font Software License shall remain in effect so long as You are in material compliance with all
of its terms and conditions. If You breach any of the terms and conditions, this Font Software License is automatically terminated and You are obligated to destroy the original and all copies of the Font Software. In such event, upon the request of the provider of the Game or the suppliers of the Font Software, You shall provide written certification of such destruction.
i. If You are acquiring Font Software on behalf of any unit or agency of the United States Government, the following provisions shall apply. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in the Rights in Technical Data and computer Software clause at FAR 252.227-7013, subdivision (b)(3)(ii) or subparagraph (c)(1(ii), as appropriate. Further use, duplication or disclosure is subject to restrictions to restricted rights software as set forth in FAR 52.227-19(c)(2).