Version Date: 03/25/2013
THIS END USER LICENSE AND SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THIS AGREEMENT ("EULA"), DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH METEOR ENTERTAINMENT OFFERS YOU, THE USER: (i) THE ABILITY TO ACCESS AND USE THE GAME (defined below); AND (ii) CERTAIN RIGHTS TO EXCHANGE INFORMATION WITH METEOR ENTERTAINMENT'S SYSTEMS. IF ACCEPTED BY YOU IN THE MANNER DESCRIBED BELOW, THE THEN-CURRENT VERSION OF THIS EULA SHALL APPLY EACH AND EVERY TIME YOU ACCESS METEOR ENTERTAINMENT'S SYSTEM OR PLAY THE GAME.
BY CLICKING THE "I AGREE" BOX (OR PROVIDING SOME OTHER FORM OF ASSENT), YOU HEREBY ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW AS THE SAME MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS EULA, OR IF BY TECHNICAL MEANS YOU BYPASS OR DISABLE THE "I AGREE" CHECKBOX (OR OTHER FORM OF ASSENT), THEN BY ACCESSING OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THE EULA.
METEOR ENTERTAINMENT RESERVES THE RIGHT TO CHANGE THIS EULA AT ANY TIME, FOR ANY OR NO REASON. YOU ARE ENCOURAGED TO FREQUENTLY REVIEW THE EULA FOR CHANGES, AND TO PRINT AND STORE IT FOR FUTURE REFERENCE. EACH AND EVERY TIME YOU ACCESS YOUR ACCOUNT, PLAY, OR ENTER OR REENTER THE GAME, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THE EULA THEN IN EFFECT.
1. NATURE OF THIS AGREEMENT AND PRECONDITIONS OF THE LICENSE.
- The Game is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Game (as defined below) is licensed, and not sold, to you as per the terms of this EULA, and this EULA confers no title or ownership to the Game or any copy thereof. This grant of license is specifically conditioned upon the following:
- You have accepted all of the terms in this EULA, and any additional terms as may be applicable to the Game, which is evidenced by your use of the Game;
- You will comply with all of the terms and conditions in the EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, termination of your Game Account, etc.);
- You will use the Game only on computer systems that run validly licensed copies of the applicable operating systems for which the Game was designed to operate; and
- You will refrain from using any hacks, cracks, bots, or third party hardware, software, or middleware which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
- Meteor Entertainment reserves the right to manage, regulate, control, modify, and/or eliminate the Game and all Contents, which may make the Contents substantially more or less valuable, effective, or functional, and to cease offering the Game in its entirety, in Meteor Entertainment's absolute and sole discretion, and Meteor Entertainment will have no liability to you based on its exercise of such right.
- You understand and acknowledge that Meteor Entertainment is willing to license the Game to you only on the continued satisfaction of these conditions. Furthermore, you understand and acknowledge that failure to abide by any of these preconditions will result in an automatic forfeiture and cancellation of the license granted to you, and any use of the Game after such termination may constitute, among other things, copyright infringement for which civil penalties and injunctive relief may be available.
Unless defined elsewhere in this EULA, capitalized terms in this EULA will have the following meanings.
- "Account" means any account provided by Meteor Entertainment related to the Game.
- "Account ID" means any designation by which Meteor Entertainment may identify an Account.
- "Avatar" means any non-physical, virtual personage or device (e.g., a character or machine) through the manipulation of which a user of the Game participates in the Game (e.g., a wizard character in a fantasy role-playing game or a mech in a mech-based first-person shooter game).
- "Callsign" means any gamertag, handle, name, player identification, or other designation that can be used to identify an Avatar or a user of the Game.
- "Content" means any portion of the Game or Game-related material that is neither a Service nor Software, including any Avatar, Forum, items, points, Team, Virtual Currency, Game-Related Website, or any characteristic or other portion of any of the foregoing.
- "Customer Support" means HAWKEN Customer Support, as notified, for purposes of this EULA, via a ticket submitted at www.playhawken.com. Other notification methods may be specified in other applicable documents.
- "Forum" means any electronic source of information related to the Game, whether or not provided by Meteor Entertainment, including any bulletin board, chat room, message board, post, thread, Usenet network website, wiki, or other mechanism for the electronic distribution of information related to the Game.
- "Forum ID" means any Forum designation that can be used to identify the source of information published on a Forum.
- "Game" means the free-to-play multi-player online video game currently titled "HAWKEN", any Content, Service, or Software related to HAWKEN, any documentation related to HAWKEN made available to you by Meteor Entertainment, and any portion of any of the foregoing.
- "Game-Related Website" means any website, regardless of its content (including Forums), hosted, maintained, or operated by Meteor Entertainment in connection with the Game or for the benefit of users of the Game.
- "Gaming Bot" means any third-party automation software not approved for use by Meteor Entertainment designed to change or modify operation of the Game or a Game-Related Website, including software that automates gameplay functions (including chatting or gathering items within the Game environment).
- "IP Right" means any intellectual property right, including any copyright, database right, domain name, industrial design right, moral right, patent, service mark, trademark, trade name, trade secret, any other similar right recognized by law, and any combination of the foregoing.
- "Malware" means any adware, bloatware, computer virus, crimeware, malware, rootkit, scareware, spyware, Trojan horse, worm, or other program installed in a way that causes executable code of any program to use or to be scheduled to use processor cycles during periods of time when such program is not directly or indirectly being used with the effective consent of the user.
- "Meteor Entertainment" means Meteor Entertainment, Inc., a Delaware corporation.
- "Meteor Entertainment Protected Party" means any, and "Meteor Entertainment Protected Parties" means all, of the following: Meteor Entertainment; any third party under agreement with Meteor Entertainment; any parent, subsidiary, or other affiliate of Meteor Entertainment; or any agent, customer, director, distributor, employee, licensee, officer, shareholder, or supplier of any of the foregoing.
- "Rules of Conduct" means Meteor Entertainment rules related to use of the Game, the current version of which is found below.
- "Service" means any online service or portion thereof provided by Meteor Entertainment which relates to the Game.
- "Software" means any software provided by Meteor Entertainment related to the Game, including any, and any portion of any, bug fix, enhancement, modification, new version, patch, update, or upgrade of or to such software, and any software that functions to fix, enhance, install, modify, patch, update, or upgrade any of the foregoing.
- "Team" means any set of Avatars or users of the Game that are associated on a temporary, semi-permanent, or permanent basis, including any form of in-Game alliance, class, faction group, guild, house, league, legion, pledge, profession, race, super-group, or the like.
- "Virtual Currency" means a virtual medium of exchange that Meteor Entertainment may, in its absolute and sole discretion, permit you to exchange for Content, Services, or any other thing of value not otherwise available.
3. LIMITED LICENSE - NOT A SALE
- Accessing the Game - You acknowledge (1) that the Game requires you to receive from Meteor Entertainment certain Content, Service, and Software, (2) that Software may be associated with an access key or serial number that can only be used once, and (3) that you are responsible for supplying any necessary telecommunications connections (such as Internet access) and hardware to use the Game, as well as any costs or expenses related to the foregoing. You further acknowledge that Meteor Entertainment may, in its absolute and sole discretion, allow you full or partial access to the Game, and may condition such full or partial access upon your compliance with the provisions in Section 6 and other provisions related to the foregoing.
- License not a Sale – All rights to access and use the Game are being licensed to you, not sold. All right, title, and interest in and to the Game, including any IP Right, are retained by Meteor Entertainment or third parties under agreement with Meteor Entertainment. All Contents remain property of Meteor Entertainment. Regardless of the consideration offered or paid in exchange for Contents, you do not have any ownership rights in any Contents. Meteor Entertainment hereby grants you a revocable, non-exclusive, license for personal and non-commercial use of the Game that is non-transferable. You acknowledge that this license shall terminate immediately if you breach, violate, or otherwise fail to comply with every provision of this EULA, and you hereby waive any rights you might otherwise have to notice of termination. If the license is terminated, Meteor Entertainment may, in its absolute and sole discretion, modify or delete your Account, all related Content, and any Callsign.
- Additional License Restrictions - You acknowledge that you will not directly or indirectly:
- adapt, decompile, disassemble, reduce to any human-perceivable form, reverse engineer, attempt to reverse engineer, or derive code from any information accessible through the Game (including, without limitation, data packets transmitted to and from the Game over the Internet);
- analyze, decipher, or translate any Game-related software, "sniff," derive code from, or attempt to analyze, decipher, "sniff," or derive code 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;
- copy, distribute, rent, lease, loan, borrow against, grant a security interest in, hypothecate, interconnect, network, pledge, sell, or sub-license, or engage in any activity that could in any way transfer or provide others access the Game or any portion thereof; or
- modify, or create a derivative work of or based on, the Game or any portion thereof.
- All Other Rights Reserved - Any and all rights not specifically and expressly granted by Meteor Entertainment herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
4. DURATION OF AGREEMENT; ACCOUNT GENERATION; ACCOUNT TERMINATION
- Duration - This EULA shall remain in effect until amended, modified, or terminated by Meteor Entertainment. Termination of any license granted by Meteor Entertainment under this EULA does not affect any other provisions of this EULA.
- Discretionary Account Termination - You may notify Meteor Entertainment that you wish to terminate an Account by notifying Customer Support of your desire to do so. Any such request must include your email address, Callsign, and a reason for the request. Meteor Entertainment may also, in its absolute and sole discretion, provide other means by which you may choose to provide such notice. Whether or not you wish to terminate an Account, Meteor Entertainment may at any time or for any reason, in its absolute and sole discretion, delete, modify, or suspend your Account, Avatar, Forum ID, Callsign, or Team, or any characteristic of any of the foregoing. Termination of an Account under this provision also terminates any license granted by Meteor Entertainment under this EULA but does not affect any other provisions of this EULA.
- Account Suspension and/or Termination for Cause - Meteor Entertainment may delete, suspend, or terminate your Account, Avatar, Callsign, Forum ID, or Team, or any characteristic of any of the foregoing, for cause (e.g., if you breach, violate, or otherwise fail to comply with any provision of, this EULA). Any deletion, suspension, or termination under this Section 4 (c), as well as the timing thereof, shall be conclusively determined in the absolute and sole discretion of Meteor Entertainment. Deletion, suspension, or termination of an Account under this provision also suspends and/or terminates (as applicable) any license granted by Meteor Entertainment under this EULA but does not affect any other provision of this EULA.
5. ACCOUNT(S) AND PAYMENTS TO METEOR ENTERTAINMENT
- Account(s) – Using the Game requires that you establish and maintain at least one Account. You acknowledge that it is your responsibility to establish any Account needed for the Game and to comply with any rules for establishing and maintaining such Account(s). You are responsible for any use and related liabilities with respect to any Account with respect to which you check the "I Agree" checkbox (or provide similar evidence of assent), whether or not such use and related liabilities were in any way authorized by you, and it is your responsibility to safeguard any password or other access control mechanisms you may have related to an Account.
- Age Requirements - You warrant and represent that either: (i) you are at least 18 years of age and have read, understood, and accepted the provisions of this EULA on your own behalf; or (ii) you are at least 13 years of age, your parent or legal guardian has completed the registration form on your behalf, and both you and your parent or legal guardian have read, understood, and accepted the provisions of this EULA. If the registrant is under the age of 18 and registering according to the provisions of subsection (ii), then each time that minor checks the "I Agree" checkbox (or provides some other form of assent), he or she is entering into an EULA with the consent and knowledge of the parent or legal guardian. The parent or legal guardian who authorizes the minor to register for the Game and/or use an Account accepts full and complete responsibility for all of that minor's actions within the Game, and are legally responsible for any payments, damages and/or liabilities related to the actions of that minor (whether in-Game or related to the Game). The Game is not intended for minors under age 13, and you will not allow access to the Game, or the viewing of any display thereof, by any minor under age 13. If Meteor Entertainment learns that a minor under the age of 13 is using the Game or has access to an Account, Meteor Entertainment reserves the right to take any necessary steps to limit that minor's ability to use the Account, including without limitation Account suspension or termination if Meteor Entertainment believes in its absolute and sole discretion that such action is warranted, regardless of reason.
- Account Limitations - Each Account may only be used by one person. If a minor has been allowed access to an Account, only that minor may use that Account.
- Transfer of Accounts - You may not, without Meteor Entertainment's express written consent (which Meteor Entertainment may deny or condition in Meteor Entertainment's absolute and sole discretion), make any assignment or transfer of rights, obligations, or liabilities related to this EULA, and any attempt by you to do so is null and void. Furthermore, you may not offer to transfer the rights to any Account(s) except your own, or act as a "broker" or intermediary (for compensation or otherwise) for any others wishing to transfer or obtain Accounts.
- Selection and Use of Callsign and IDs - The Game may require at least one Callsign that you may be allowed to select, subject to restrictions imposed in the absolute and sole discretion of Meteor Entertainment. You acknowledge that your license to use or select any Account ID, Avatar, Forum ID, Callsign, or Team, to select characteristics related to any of the foregoing, or to provide any communication or information on any Forum, shall be within the absolute and sole discretion of Meteor Entertainment. You further acknowledge that Meteor Entertainment may, in its absolute and sole discretion, choose to modify or to delete your Account ID, Avatar, Forum ID, Callsign, Team, any characteristic related to any of the foregoing, or any communication or information on any Forum if you are not in compliance with the provisions in Section 6 or any other applicable provision of this EULA.
- Payments Related to Accounts or the Game - Meteor Entertainment may, in its absolute and sole discretion, require you to pay to establish or maintain any Account in order to use any Content, Service, or Software. You acknowledge that (i), if you are required to establish or maintain an Account and fail to do so, Meteor Entertainment may terminate your Account under Section 4, (ii) Meteor Entertainment may require such payments on any basis it deems appropriate in its absolute and sole discretion, including any per-use or subscription basis, and (iii) Meteor Entertainment may, at its absolute and sole discretion, establish the timing and form in which such payment must be made, including (with your prior express consent) the right to automatically charge your credit card or online payment service or debit your bank account for the applicable fees or charges, plus any applicable taxes that Meteor Entertainment is required to collect, based on the billing address. Any prices posted in U.S. Dollar or non-U.S. dollar currencies in the Game and Game-Related Website do not include any applicable sales tax, unless otherwise specifically noted.
- You further acknowledge that Meteor Entertainment has no obligation to refund any payment, in whole or in part, related to an Account, whether or not such payments were made or authorized by you, for any reason, including interruption or unavailability of Service. Meteor Entertainment may, in its absolute and sole discretion, terminate under the provisions of Section 4 any Account related to any attempt to obtain a refund of any payments, whether such attempts are made by contacting an issuer of credit cards or otherwise, and that Meteor Entertainment may take any other action it deems appropriate under the circumstances, including recourse by way of any collection agency or credit reporting agency when a refund has been obtained without signed written consent from a legally authorized representative of Meteor Entertainment. If Meteor Entertainment terminates this EULA or suspends your Account, you will lose access to your Account for the duration of the suspension without any refund for any paid Content that you may have purchased. Meteor Entertainment may also terminate this EULA if it decides, in its absolute and sole discretion, to discontinue offering the Game. In such a case all licenses set out herein will immediately terminate without reimbursement or refund to you.
- Content Pricing, Game Enhancements, Modifications, Upgrades, and Patches - In addition to any initial payment you may already have made related to the Game or may make under Section 5(f), Meteor Entertainment may, in its absolute and sole discretion, require you to pay for an enhancement, modification, upgrade, update, or new version the Game and, if you do not, Meteor Entertainment may terminate your Account under Section 4. Meteor Entertainment reserves the right to change prices and availability of Contents at any time and does not provide price protection or refunds in the event of any change or fluctuation in pricing.
- Virtual Currency - You may obtain Virtual Currency from Meteor Entertainment or a third party authorized by Meteor Entertainment. The Contents, Services, or other things of value offered by Meteor Entertainment in exchange for Virtual Currency may be discontinued, modified, or removed from your Account by Meteor Entertainment at any time in its absolute and sole discretion.
- Meteor Entertainment may, in its absolute and sole discretion, determine the availability of Virtual Currency with respect to any Account and the availability and characteristics of any Content, Software, or Service for which such Virtual Currency may be or may have been exchanged. Meteor Entertainment reserves the right to reduce, liquidate, deactivate, suspend, or terminate your Virtual Currency or your access thereto if Meteor Entertainment suspects, after investigation, that you have misused the Virtual Currency service or have otherwise used the Virtual Currency service to conduct any fraudulent or illegal activity.
- Meteor Entertainment may, in its absolute and sole discretion, require you to pay for Virtual Currency and may establish the timing and form in which such payment must be made.
- If Virtual Currency is made available in relation to the Game, Virtual Currency related to a particular Account will be deleted immediately upon termination of such Account or as such Virtual Currency is used (and, as among different types of Virtual Currency, in the order determined in the absolute and sole discretion of Meteor Entertainment). You have no rights in or to any Virtual Currency, whether associated with the Account or otherwise, and Meteor Entertainment may delete Virtual Currency from the Account for any reason, including your failure to comply with this EULA.
- If made available, Virtual Currency may only be available for purchase in limited denominations, and Meteor Entertainment may require users of Virtual Currency to bear any cost related to the unavailability of smaller denominations than have been made available (i.e., the inability to make "change" to smaller denominations).
- Meteor Entertainment may also, in its absolute and sole discretion, make any quantity of Virtual Currency available without purchase in connection with any Account on a limited, promotional, or other basis, including in connection with attendance at events, virtual or otherwise, and gifts from Meteor Entertainment or third parties, etc. (collectively, "Promotional Virtual Currency"). Meteor Entertainment may, in its absolute and sole discretion, require you to exchange purchased Virtual Currency in any of your Accounts before deducting Promotional Virtual Currency from any of your Accounts.
- Meteor Entertainment may, in its absolute and sole discretion, choose to make available Virtual Currency only for those Accounts in compliance with this EULA and to limit the amount of Virtual Currency, including Promotional Virtual Currency, that may be obtained in connection with an Account.
- You acknowledge that (1) Virtual Currency is digital material with no cash value and is not redeemable for any sum of money or monetary value from Meteor Entertainment at any time, (2) no interest is paid or earned with respect to Virtual Currency, (3) Virtual Currency is not personal property, (4) the quantity of Virtual Currency in your Account may be increased or decreased by Meteor Entertainment in its absolute and sole discretion for any reason or no reason, (5) you have no right to a refund related to Virtual Currency, (6) there is no right to transfer or exchange Virtual Currency, (7) Meteor Entertainment may restrict the award or use of Virtual Currency based on your country of residence or other factors, and (8) Meteor Entertainment may limit your license to use Virtual Currency with respect to any Content, Software, Service. You further acknowledge that additional restrictions related to Virtual Currency, as determined in Meteor Entertainment's absolute and sole discretion, may become applicable.
- You acknowledge that Meteor Entertainment has no responsibility with respect to any payments or donations related to the Game that you make to any third party (e.g., with respect to information, services, or content offered or provided by a third party). You further acknowledge that making or attempting to make such payments or donations may also be subject to Section 9.
- Taxes - In addition to any applicable fees described in this Agreement, you are responsible for paying any and all applicable taxes (including those that Meteor Entertainment is not required to collect) that may result from any award or purchase of Virtual Currency attributable to you. Any failure by Meteor Entertainment to invoice you for any applicable sales, value added taxes, use taxes, or other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Game, Game-Related Website, or Service. You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by Meteor Entertainment. Meteor Entertainment and/or any sponsor who provides a particular prize may report the value of the prize to appropriate taxing authorities.
- Certain Third-Party Service Providers - Meteor Entertainment may authorize certain third party service provider(s), and has designated Live Gamer Inc. ("Live Gamer"), as a permissible means through which you can purchase Content (collectively, including Live Gamer for so long as it functions in such capacity, "Third-Party Content Vendors"). Some or allContent transactions conducted through Meteor Entertainment may be processed by Third-Party Content Vendors, and your eligibility to participate in Content transactions is governed by the terms of service, privacy policies, and agreements implemented by the Third-Party Content Vendors.
YOU AGREE, THEREFORE, THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM OR SUIT AGAINST METEOR ENTERTAINMENT, ITS LICENSOR(S) OR OTHER THIRD PARTIES, METEOR PROTECTED PARTIES, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (i) A CLAIM ARISING FROM OR RELATED TO YOUR USE OF THIRD-PARTY CONTENT VENDORS, (ii) A CLAIM ARISING FROM OR RELATED TO THE ACTS OR OMISSIONS OF THIRD-PARTY CONTENT VENDORS, INCLUDING ANY INDIRECT THIRD-PARTY CONTENT VENDORS ACTING ON OR THROUGH OTHER THIRD-PARTY CONTENT VENDORS, OR (iii) A CLAIM FOR THE VALUE OF CONTENT THAT YOU MAY LOSE AS A RESULT OF ANY MALFUNCTIONS AND/OR "BUGS" IN THE SERVICES OR SOFTWARE OF ANY THIRD-PARTY CONTENT VENDORS.
6. USER CONDUCT
- Reading and Understanding the Rules of Conduct - It is your responsibility to read, understand, and accept the Rules of Conduct in effect in connection with your use of the Game. You also acknowledge that each time you check the "I Agree" checkbox you warrant and represent that you have read, understood, and accepted the most recent version of the Rules of Conduct in effect at that time.
- Violating or Helping Others to Violate the Rules of Conduct - If you violate or help another to violate the Rules of Conduct, Meteor Entertainment may, in its absolute and sole discretion, terminate your Account under Section 4 (b) or Section 4 (c), as applicable.
- Review of Communications - Meteor Entertainment may, in its absolute and sole discretion, review communications made to Customer Support regarding violations of the Rules of Conduct related to any Account. Meteor Entertainment may also, in its absolute and sole discretion, provide other means by which it may choose to review communications regarding violations of the Rules of Conduct related to any Account.
- Reported Violations of Rules of Conduct - Meteor Entertainment may take any action or no action in response to communications regarding violations of the Rules of Conduct, including termination of an Account under Section 4 (b) or Section 4 (c). Meteor Entertainment has no obligation to explain any decision to take any action or no action. If Meteor Entertainment, in its absolute and sole discretion, determines that you are associated with a false or non-meritorious report of a violation of the Rules of Conduct, Meteor Entertainment may take any action against you that it deems appropriate under the circumstances, including termination of your Account under Section 4 (b) or Section 4 (c).
- Rules Regarding Account ID Naming, Callsign Naming, and Game-Related Communications - In addition to the Rules of Conduct, you acknowledge the following restrictions on your ability to select any Account ID, Avatar characteristics Forum ID, Callsign, or Team designation, and to provide any communication or information on any Forum:
- You may not misrepresent your identity or otherwise provide Meteor Entertainment any inaccurate information regarding an Account ID;
- You may not select an Account ID, Forum ID, Callsign, or Team designation that would require a license from any third party or that implies any affiliation with Meteor Entertainment or with any third party with which such affiliation does not exist; and
- You may not select an Account ID, Forum ID, Callsign, or Team designation, or provide any communication or information on any Forum, that Meteor Entertainment, in its absolute and sole discretion, deems to be (1) vulgar, threatening, racist, sexist, or otherwise offensive or likely to be so considered, including by reason of any reference to a deity, political party or movement, or religion, (2) confusing, nonsensical, or context-inappropriate slang, or (3) affiliated with or to reflect a rank, title, or position (e.g., Lieutenant) that is not related to the Game.
Additional restrictions may arise from Meteor Entertainment's IP Rights and the IP Rights of third parties. If you violate any of the foregoing these restrictions, Meteor Entertainment may, in its absolute and sole discretion, take any action it deems appropriate under the circumstances, including terminating your Account under Section 4 (b) or Section 4 (c) and modifying or deleting any communication or information on any Forum.
7. INTELLECTUAL PROPERTY
- You acknowledge and agree that you have no IP Right related to the Game except the limited license provided in Section 3.
- You agree that you have no IP Right related to any Account ID, any Forum ID, any communication or information on any Forum provided by you or anyone else, any information, feedback, or communication related to any Avatar or Avatar characteristic, the Game, any combination of the foregoing or parts thereof, or any combination of the foregoing with the Game. To the extent you might otherwise be entitled to such IP Right(s), you hereby grant Meteor Entertainment an irrevocable, no-charge, exclusive, perpetual, royalty-free, sub-licensable, and worldwide, license and full authorization to exercise all rights of any kind or nature associated with such IP Right(s) and all ancillary and subsidiary rights thereto, in all languages and media, now known or not. Your license to Meteor Entertainment includes all necessary trademark licenses and copyright licenses needed to display, distribute, prepare derivative works of, publicly perform, and reproduce any the licensed intellectual property, and all patent licenses needed to make, have made, or otherwise export, import, offer to sell, sell, transfer, and use good and services embodying or practicing such intellectual. In addition to the provisions of Section 13 you agree to defend, indemnify, and hold harmless Meteor Entertainment with respect to any claim by a third party that any such license infringes, misappropriates, or violates any third-party IP Right.
8. PRIVACY AND DATA PROTECTION
- Meteor Entertainment may take any action, or no action, in response to any information, feedback, or communication related to the Game, including publicly commenting upon or publishing the foregoing. In addition to the provisions of Section 13 you further agree to defend, indemnify, and hold harmless Meteor Entertainment with respect to any claim related to any information, feedback, or communications you provide under this Section 8 (b).
- Meteor Entertainment has no obligation under any circumstances to monitor Conduct or other activities related to the Game. Meteor Entertainment may, in its absolute and sole discretion, choose to monitor Conduct or other activities related to the Game. You acknowledge that Meteor Entertainment may conduct, and you consent to, such monitoring, including monitoring in-Game communications and Forums provided by Meteor Entertainment as well as third-party Forums and the like. You also acknowledge that Meteor Entertainment may take any action, or no action, based on such monitoring, including action under Section 4(b) and (c).
- Meteor Entertainment may monitor operation of the Game at any time and in any matter, including monitoring communications and communications interfaces, storage devices, random access memory, or central processing unit processes related to hardware you use with the Game. Such monitoring may also include monitoring for the purposes of detecting any prohibited activity under Section 9. You consent to such monitoring and acknowledge that Meteor Entertainment may, at any time and in any manner, communicate any information between hardware you use with the Game and any mechanism Meteor Entertainment may choose for such communications. You also acknowledge that, as a result of such monitoring, Meteor Entertainment may, in its absolute and sole discretion, take any action, including:
- changing any portion of the Game as made available to you or other users of the Game;
- seeking recourse against you by way of any proceeding that Meteor Entertainment deems appropriate under the circumstances; and
- determining that you are not in compliance with the provisions of this EULA and terminating your account under Section 4 (b) or Section 4 (c).
- Meteor Entertainment collects non-personally-identifiable (anonymous) information about you, including your e-mail address, Callsign, first name, last name, country of residence, and date of birth. Meteor Entertainment cannot ensure that your communications within the game and other personally identifiable information given to Meteor Entertainment will not be disclosed to third parties. For example, Meteor Entertainment may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, Meteor Entertainment may (and you hereby expressly authorize Meteor Entertainment to) disclose any information about you to private entities, law enforcement or other government officials, as we, in Meteor Entertainment's absolute and sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury. Furthermore, if you request any technical support, you consent to Meteor Entertainment's remote accessing and review of the computer you use to access the Service and to play the Game for purposes of support and debugging. You agree that Meteor Entertainment may communicate with you via e-mail and any similar technology for any purpose relating to the Game, the Service, the Game Content, and the Software and any services or software that may in the future be provided by Meteor Entertainment or on Meteor Entertainment's behalf. You may choose to visit Meteor Entertainment's web site at www.playhawken.com if the site offers services such as a Game theme chat room or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of Meteor Entertainment while participating in any interactions on the site.
9. PROHIBITED ACTIVITIES
You acknowledge that you may not, without signed written consent from a legally authorized representative of Meteor Entertainment, do any of the following:
- Appropriate, violate, or infringe any third-party IP Right;
- Use any IP Right of Meteor Entertainment except as permitted under this EULA or otherwise permitted in writing by Meteor Entertainment;
- Use, or provide others with, any software for use in the Game environment or on Game-Related Websites which software is not provided or approved by Meteor Entertainment , including any Gaming Bot;
- Use, or aid, assist, or cooperate with another who uses, a Gaming Bot, or relay or store Virtual Currency or other Content gained through the use of a Gaming Bot.
- Use, or provide others with, any "cheat", "exploit", "hack", or "mod" of the Game;
- Use, or provide others with, any service related to the Game, including:
- any service that interacts with the Software; or
- any service that that would change characteristics related to an Avatar, such as increasing the level of an Avatar (also known as power-leveling);
- Engage in any activity prohibited under Section 3 (c);
- Knowingly affect the Game by means of any Malware;
- Be a party to any commercial activity related to the Game, including providing or obtaining any Content for commercial purposes;
- Use, obtain, or provide data related to operation of the Game, including:
- software that reads areas of computer memory or storage devices related to the Game;
- software that intercepts or otherwise collects data from or through the Game;
- software that redirects communications from any Software or Service; or
- software not provided by Meteor Entertainment which creates or maintains any communication to the Software or Service, including any software that emulates the Software or any part thereof, as well as any server that emulates the Service;
- Violate any law or governmental regulation related to the Game;
- Violate or infringe the Digital Millennium Copyright Act, including 17 U.S.C. §1201 et seq., in any way, such as by circumventing (i) any technological measure intended to effectively control access to the Game or to any other intellectual property of Meteor Entertainment or (ii) any protection afforded by a Meteor Entertainment technological measure to any IP Right of Meteor Entertainment;
- Institute any arbitration or other proceeding against Meteor Entertainment except as permitted under this EULA, including any legal proceeding in court or before an administrative agency;
- Provide anyone whose Account was terminated under Section 4 any access to the Game; or
- Help others violate this EULA.
10. SERVICE AND AVAILABILITY
- You acknowledge that Meteor Entertainment may, in its absolute and sole discretion, provide enhancements, modifications, new versions, patches, upgrades, or updates of or to the Service and that you may be required to accept and/or install the same before you will be able to use the Service.
- You acknowledge that the Service may be interrupted for reasons within or beyond the control of Meteor Entertainment, that Meteor Entertainment cannot and does not guarantee you will be able to use the Service or any Account whenever you wish to do so, and that Meteor Entertainment may interrupt the Service for purposes of maintenance or updates and may do so without providing you with notice before such interruption.
11. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
- You acknowledge that the Game is designed and intended to be used for entertainment purposes only and that you understand that you have no fundamental right to use the Game. You warrant and represent that (i) you will not use any Content, Service, or Software to provide any information that could be used, directly or indirectly, by another user of the Game to identify you outside the Game environment, (ii) you will not use any Content, Service, or Software to obtain any information that could be used, directly or indirectly, to identify another user of the Game outside the Game environment, (iii) you understand that there may be communications or information exchanged on Forum and as parts of the Game, known or unknown to Meteor Entertainment, that may be considered objectionable by some persons, including yourself, (iv) you have no history or pattern of behavior that would lead to use of the Game in an addictive or compulsive manner, and (v) you have no economic, emotional, physical, privacy-related, psychiatric, or psychological condition or circumstance that would be adversely affected by your use of the Game.
- The provisions of this Section 11 are essential terms of this EULA and shall apply to the maximum extent permitted by law. If any of such terms is construed as unenforceable, fails of its essential purpose, or becomes void or detrimental to a Meteor Entertainment Protected Party, any license you may have under this EULA shall terminate immediately.
12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND RELEASES
- Subject to Section 12(c), any portion of the Game provided by a Meteor Entertainment Protected Party is provided at your own risk on an "as available" and "as is" basis in its current condition and without any guarantee, representation, or warranty of any kind or in any way related to correction of defects, error-free or uninterrupted operation, indemnity, service, support, updates, or that it is free from defects or viruses or harmful components of any sort. All such obligations are hereby disclaimed, and you acknowledge agree that all Meteor Entertainment Protected Parties expressly disclaim all warranties or conditions of any kind, written or oral, express or implied, statutory or existing by operation of law, including any warranties of accuracy, completeness, fitness for a particular purpose or use, merchantability, non-infringement, operability or interoperability, quality, quiet enjoyment, or title. The laws of some states may disallow some or all of such disclaimers, and to the extent such a law applies, such disclaimers do not apply to you. By entering into this EULA, you accept the foregoing disclaimer of warranties and the allocation of risk inherent therein and agree to release the Meteor Entertainment Protected Parties from any and all warranties and obligations to the maximum extent permitted by law.
- Subject to Section 12(c), in no event shall any Meteor Entertainment Protected Party be liable for any consequential, direct, exemplary, liquidated, incidental, indirect, punitive, or special damages (including related to procurement of substitute goods or services; loss of use, revenue, data, or profits; or business interruption) however caused or based on whatever theory of liability (including contract, strict liability, tort, or any form of negligence) arising in any way related to this EULA or use of the Game, even if a remedy fails of its essential purpose and even if advised of the possibility of such damage. The laws of some states may disallow some of all such limitations of liability, and to the extent such a law applies, such limitations of liability do not apply to you. By entering into this EULA, you accept the foregoing limitation of liability and allocation of risk and agree to release the Meteor Entertainment Protected Parties from any and all claims, demands, liabilities, and obligations, that may arise under, from, or in any way related to this EULA, directly or indirectly, in excess of the lesser of: 1) one hundred U.S. dollars (US$100); or 2) the greatest amount paid by you in connection with one Account in the preceding six (6) months. The foregoing limitations of liability shall apply to the maximum extent permitted by law and are essential terms of this EULA.
- Nothing in this EULA shall limit Meteor Entertainment's liability for death or personal injury resulting from its negligence, for fraudulent misrepresentation, or for any liability which cannot be excluded by law.
- The provisions of Sections 12(a) and 12(b) are essential terms of this EULA and shall apply to the maximum extent permitted by law. If any of such terms is construed as unenforceable, fails of its essential purpose, or becomes void or detrimental to a Meteor Entertainment Protected Party, any license you may have under this EULA shall terminate immediately.
- (a) You agree to defend, indemnify, and hold harmless the Meteor Entertainment Protected Parties, as well as any person using the Game, with respect to any and all claims, damages, expenses, injuries, liabilities, and losses (including attorney's fees and costs) that arise under or from or that in any way relate, directly or indirectly, to:
- Your failure to comply with any provision of this EULA;
- Your use of the Game; and
- Your actions to knowingly affect the Game by means of any Malware.
- You acknowledge and further agree that Meteor Entertainment has no obligation to defend, indemnify, or hold harmless you in any way related to this EULA, including the use of the Game by you or any other person.
14. TERMINATION OF THIS EULA
- Termination by Meteor Entertainment – In addition to termination of an Account for any reason set out in Section 4 or elsewhere in this EULA, Meteor Entertainment may, in its absolute and sole discretion, cease to offer the Game or cease to offer or provide any or all of the rights granted hereunder. In such circumstances, Meteor Entertainment may terminate this EULA, close all Accounts, and cancel all of the rights granted to you hereunder upon not less than thirty (30) days prior notice, which notice may be posted on Meteor Entertainment's web site, or sent via electronic mail. YOU HEREBY UNDERSTAND, AND ACKNOWLEDGE, THAT THERE IS NO GUARANTEE THAT METEOR ENTERTAINMENT SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF THE EXPERIENCE LEVEL OF YOUR CALLSIGN AND/OR THE ITEMS YOUR CALLSIGN OR ACCOUNT ACCUMULATES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS METEOR ENTERTAINMENT LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CALLSIGN AND/OR ACCOUNT IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE SERVICE AS A WHOLE IS TERMINATED.
- Survival - The following provisions shall survive any expiration or termination of this EULA and any license or use related to the Game: Sections 1, 2, 3(c), 7, 8, 11, 12, 13, 15, 16, and 17.
15. DISPUTE RESOLUTION
- Informal Resolution - With respect to the resolution of any controversy related to this EULA ("Dispute"), except as provided in Section 15 (c), you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. You agree to notify Meteor Entertainment that you wish to resolve a Dispute by notifying Customer Support of your desire to do so. Any such request must be made to Customer Support and must include your name, address, contact information, Account ID, any applicable serial code number or access key, an explanation of your side of the Dispute, and at least one reason why the Dispute should be resolved in your favor. Based on communications regarding a Dispute, Meteor Entertainment may, in its absolute and sole discretion, take any action, including termination of an Account under Sections 4 or 14, or as otherwise provided for in this EULA. Meteor Entertainment has no obligation to explain any decision regarding its action or inaction with respect to any Dispute. If you are not satisfied with a decision by Meteor Entertainment regarding a Dispute, you agree to try to resolve that Dispute informally for at least another thirty (30) days by submitting a request by facsimile to the attention of "Legal Department" at (206) 504-7307 that includes the same information required above to be submitted to Customer Support, plus a statement summarizing such decision. You further agree that Meteor Entertainment may extend the time to try to resolve a Dispute informally for successive thirty (30) day periods, not to exceed a total of ninety (90) days, by notifying you using the contact information you provided under this Section 15 (a).
- Mandatory Binding Arbitration - Except as provided in Section 15 (c), if the Dispute is not resolved to your satisfaction informally within the time permitted by Section 15 (a), or if Meteor Entertainment, in its absolute and sole discretion, determines that it will not be possible to satisfactorily resolve the Dispute within such time and Meteor Entertainment so informs you, you agree that either you or Meteor Entertainment may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator who shall be an impartial attorney. The arbitrator shall complete all proceedings instituted hereunder within six (6) months of initial presentment. The arbitration may be conducted in person (in Seattle, Washington), by submission of documents, by phone, or online, as allowed by the arbitrator and the rules of the AAA. The arbitrator's written opinion (if any) shall be limited to 3,000 words or less. The arbitrator shall have the authority to award the costs of arbitration, including attorney's fees, to the prevailing party. Except as otherwise provided in this EULA, you and Meteor Entertainment may by recourse to other proceedings, including legal proceedings in court or before an administrative agency, seek to compel arbitration, stay other proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award entered by the arbitrator. You understand and agree that you have the right to consult with an attorney of your own choosing regarding this and any other provision in this EULA and that, if you click the "I Agree" button, this binding arbitration provision will eliminate your legal right to sue in court or have a jury trial with respect to any Dispute. You and Meteor Entertainment further acknowledge and agree that this Section 15 (b) may only be used with respect to a Dispute between you and Meteor Entertainment. Accordingly, you and Meteor Entertainment agree that neither shall attempt to have any other Dispute related to any other party, including any class action, joined to any arbitration in which you are involved. To the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided as a class action.
- Prohibited Activities / Exceptions to Informal Discussions and Arbitration - You acknowledge and agree that the provisions of Sections 15 (a) and 15 (b) are not applicable to (i) any activity related to Section 9, (ii) any Dispute that may arise under or from or that may in any way relate to invasion of privacy, theft, piracy, or other criminal activity by you or any other person or persons acting in concert with you, and (iii) any claim for injunctive relief. You acknowledge that Meteor Entertainment may cooperate with law enforcement authorities in instances described in item (ii) of the preceding sentence and that you have no legal right or recourse against any Meteor Entertainment Protected Party in relation to such cooperation.
16. THIRD-PARTY SOFTWARE
You acknowledge that the Game may contain software, content, or other components that are either owned by a third party or in the public domain. Meteor Entertainment has no proprietary interest in such software or components (individually and collectively "Third Party Software") and, as such, cannot grant you a license to use such Third Party Software. A listing of any such Third Party Software (if applicable) is available to you at playhawken.com/licenses. Your rights in any such Third Party Software are governed by and subject to the terms and conditions set out in the applicable third-party licenses set out at playhawken.com/licenses. By installing or using any such Third Party Software, you acknowledge and agree to comply with such terms and conditions. In addition to any disclaimers set out in such terms and conditions, the disclaimers and limitations of liability set out in Section 12 shall apply to Meteor Entertainment Protected Parties with respect to such Third Party Software. Meteor Entertainment is not obligated to provide support services for any such Third Party Software unless Meteor Entertainment expressly agrees to do so in a separate writing. You agree to indemnify, hold harmless, and defend Meteor Entertainment Protected Parties from and against any claims or lawsuits that arise or result from your use or distribution of such Third Party Software from and against losses and other costs associated therewith, including attorneys' fees.
17. GENERAL PROVISIONS
- URI / URL - You acknowledge that Meteor Entertainment may, at any time in its absolute and sole discretion, change any uniform resource identifier associated with the Game, including the www.meteor-ent.com uniform resource locator or domain name.
- Force Majeure - Both you and Meteor Entertainment will be excused from any failure to perform any obligation under this EULA to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, or any cause beyond the control of you or Meteor Entertainment, as the case may be.
- Waiver - Signed written consent from a legally authorized representative of Meteor Entertainment is required to waive any provisions of this EULA. Any waiver of any provision of this EULA, intentional or otherwise, on any occasion, will not be deemed a waiver on another occasion or of any other provisions of this EULA.
- No Rule of Strict Construction - Notwithstanding the fact Meteor Entertainment drafted this EULA, no rule of strict construction shall be applied against Meteor Entertainment. If any provision of this EULA is construed as unenforceable or fails of its essential purpose, such provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, such provision will be severed and deleted from this EULA, and the remainder of this EULA will continue in effect.
- Injunctive Relief - You and Meteor Entertainment acknowledge that a breach of this EULA may result in irreparable harm and loss, and that upon a breach of this EULA the non-breaching party may be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set out in this EULA.
- Governing Law and Venue - This EULA and any controversy related to this EULA shall be interpreted in accordance with and governed by the laws of the State of Washington or, as appropriate, by federal law as applied by a federal court sitting in Washington, both without regard to Washington choice of law rules. You and Meteor Entertainment expressly agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA or to transactions under this EULA. To the extent not otherwise precluded by Sections 15 (a) and 15 (b), all Disputes and litigations arising out of or related to this EULA shall be subject to the exclusive jurisdiction of the courts of Washington sitting in Seattle, Washington, and the federal courts sitting therein. You and Meteor Entertainment hereby irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all objections to such venue.
- Export Controls - You acknowledge that it is your responsibility to fully comply with all relevant export laws and regulations of the United States ("Export Laws") so that no part of the Game is exported, directly or indirectly, in violation of Export Laws or intended to be used for any purposes prohibited by the Export Laws.
- Notices - Unless otherwise stated in this EULA, all notices must be made to the Customer Support.