TERMS OF SERVICE AND END USER LICENSE AGREEMENT SOFTWARE, GAMES AND SERVICES
REDISTRIBUTION NOT PERMITTED
License for software, games and services distributed by RealNetworks International Sarl
IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE, GAMES AND SERVICES: This License Agreement governs your use of software, games and services distributed by RealNetworks International Sarl including any Alpha, Beta, trial, pre-release, free, pay and premium versions of the software, games and services and whether online (the "Online Games") and/or in downloadable formats (the "Deluxe Games") (collectively, "Software") and the FunPass subscription services (the "FunPass Services").This License Agreement is a legal agreement between you (either an individual or an entity) and RealNetworks International Sarl ("RN International"), doing business as GameHouse Europe B.V. (NL commercial register number 17146077 0000). RN International may provide the Software, FunPass Services or other products or services to you directly or through one or more of its affiliates (being any entity directly or indirectly wholly owned by RealNetworks, Inc. each an "Affiliate"). GameHouse Europe B.V. and Zylom are Affiliates of RN International. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE, PLAY ANY ONLINE GAMES, DOWNLOAD ANY DELUXE GAMES, REGISTER ON THE SITE OR SUBSCRIBE TO THE FUNPASS SERVICE.
FOR YOUR USE OF THE FUNPASS SERVICES YOU AGREE TO BE BOUND BY THE ADDITIONAL TERMS OF SERVICE ATTACHED HERETO AS "EXHIBIT A".
YOU AGREE THAT YOUR USE OF, INCLUDING BUT LIMITED TO INSTALLING, THE SOFTWARE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE GAMES DISTRIBUTED BY RN INTERNATIONAL ARE SUBJECT TO THIS LICENSE AGREEMENT UNLESSSUPERCEDED BY ANOTHER LICENSE AGREEMENT PROVIDED BY A THIRD PARTY AND DISPLAYED PRIOR TO YOUR INSTALLATION OF THAT GAME. USAGE OF THIS SOFTWARE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT.
THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL VERSIONS OF THE , INCLUDING ONLINE GAMES ACQUIRED WITHOUT CHARGE OR DELUXE GAMES FOR WHICH A FEE MAY BE CHARGED OR ACQUIRED AS PART OF A SUBSCRIPTION ENTITLEMENT.
THE DELUXE GAMES MAY CONTAIN USE, FEATURE, OR TIME LIMITATIONS. IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE DELUXE GAME IF AVAILABLE.
1. GRANT OF LICENSE.
RN International hereby grants to you a non-exclusive license to use the Software and any related documentation ("Documentation") subject to the following terms:
a) You may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (iii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software's proprietary notices.
b) RN International may modify the terms of this Agreement upon notice to you. RN International may terminate this Agreement and any services at any time upon notice to you. RN International may provide notice by e-mail or by publishing the changes on its website and you acknowledge and agree that this is sufficient notice.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under the terms listed above (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works or bogus high scores based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) abuse the payment method so that you do not complete payment or recall payment for any game to which you have installed and for which there is a license fee, regardless of whether you have played that game or not; or (vi) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your license to the Software.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to game executables, associated game files, or other game-related information which are downloaded, copied, or played using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances subject to the specific licensing terms of that content.
d) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
3. RIGHT TO CANCEL INITIAL SUBSCRIPTION ORDER
You have the right to cancel your initial subscription order within 14 days of the day you signed up for the Services without giving any reason. The cancellation period will expire after 14 days from when you first subscribed.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by post, fax, or email to GameHouse Europe B.V., PO Box 577, 5600 AN, Eindhoven, The Netherlands. You may use the example text set out below, but this is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effect of Cancelling Initial Subscription Order
If you cancel your initial subscription order during the cancellation period, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Any reimbursement due shall be reduced by such amount in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.
Example Cancellation Text
I hereby give notice that I cancel my contract for the supply of the following service, FunPass, ordered on [provide date] by [Name].
If printing form out, please sign and date.
GameHouse Europe B.V.
PO Box 577
5600 AN Eindhoven
Fax: +31 40 2391 389
4. COPIES OF SOFTWARE AND ENHANCEMENTS.
If you receive the first copy of the Software electronically and a second copy on physical media (e.g., CD etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancement or update that may be available for any of the Software.
5. BETA OR OTHER PRE-RELEASE VERSIONS.
In the event that the Software is a beta, alpa or other pre-release version, the terms of this Section shall apply. Your license to use the Software expires 45 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the Software that RN International intends to distribute. While RN International intends to distribute a commercial release of the Software, RN International reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the Beta Release Versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
6. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").
The Software may include a DRM from RN International or third party DRMs as plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in purchased digital content. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Software. DRMs may be able to revoke your ability to use applicable content, which may include a license update from the RN International or third party DRM based on communication with the applicable licensing service. RN International is not responsible for the operation of a third party DRM in any way, including revocation of your content. RN International is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless RN International for any claim relating to your use of a third party DRM.
You acknowledge and agree that in order to protect the integrity of certain third party content, RN International or its suppliers and licensors may provide for the Software security-related updates that will be automatically downloaded and installed on your computer. Such security-related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, RN International and/or its suppliers and licensors shall use reasonable efforts to promptly post notices on the RN International web site explaining the security update and providing instructions to end users for obtaining new versions or further updates of the Software that restore access to secure content and related features. RN International shall have no liability in connection with any damages resulting from the security related updates, unless the end user proves the intent or gross negligence of RN International.
The Software may consist of an online game manager application ("Zylom Games Manager") that will be installed on your machine along with a Deluxe Game. By installing and/or using the Software, you consent to the installation of the Zylom Games Manager and its communications with RN's servers. The Zylom Games Manager will communicate with Software DRM and the Zylom website to access and provide you with information regarding your previous Zylom Software installs and the status of Zylom trials.
7. THIRD PARTY CONTENT.
The Software may contain content such as, but not limited to, advertising content, which may be provided by a third party for placement in the Software and/or FunPass Services. RN International does not assume any responsibility or liability for any such content or for any communications or materials which are available at any sites or services which such third party content links to.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation and the Zylom Website shall remain in RN International and/or its suppliers. The Software is protected by the applicable copyright laws. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files and any third party content shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
9. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXCEPT AS PROVIDED BELOW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN INTERNATIONAL FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. RN INTERNATIONAL MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE SOFTWARE AND DOCUMENTATION BEING ACCURATE, UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED, HOWEVER RN INTERNATIONAL WILL REPAIR OR REPLACE, AT RN INTERNATIONAL'S OPTION, DEFECTIVE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RN INTERNATIONAL OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF RN INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE END USER PROVES THE INTENT OR GROSS NEGLIGENCE OF RN INTERNATIONAL. RN INTERNATIONAL'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES YOU PAID FOR THE SOFTWARE AND/OR THE SERVICES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Software is intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to download, install, and play only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend RN International, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, installed, copied or transmitted any materials (other than materials provided by RN International) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement.
This License Agreement will automatically and immediately terminate if you exceed the bounds of the license grant, circumvent or defeat DRM, or infringe the intellectual property rights of RN International or of a third party that provided content to the Software. No notice shall be required from RN International to effect such termination. You may also terminate this License Agreement at any time by notifying RN International in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software (save for any Software you have purchased on a permanent basis). Your obligation to pay accrued charges and fees and obligation to indemnify shall survive any termination of this License Agreement.
12. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without RN International's express written consent.
a) Governing law. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services or your use of the Software or Services shall be governed by the laws of Luxembourg.
b) Complete Agreement. This Agreement and its Exhibits and any documents referenced herein shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by RN International or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of RN International. If any provision of this Agreement is held to be unenforceable or void for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and valid, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
c. If you have any comments, complaints or questions, please contact our Customer Support team, who will work hard to solve your issue. Locate the "Contact us" link under the Help section on every web page. Or, you can write to:
RN International c/o GameHouse Europe B.V.
PO Box 577
5600 AN Eindhoven
GameHouse Europe B.V. can also be found at:
5611 AZ Eindhoven
TERMS OF SERVICE FOR FUNPASS
1. PAYMENT, CANCELLATION & SERVICES
Following the expiration of a trial period that may be provided to you in the sole discretion of RN International, you agree to pay RN International the applicable service charges (e.g., monthly, quarterly or annual) for your use of FunPass using a valid credit card or via another payment method offered by RN International, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize RN International to automatically bill the charge card you provide each month or on each applicable subscription period renewal date, or withdraw funds via direct debit or electronic transfer from your checking account (depending on what type of payment method you are using), until you cancel your FunPass subscription. Payments are billed at the beginning of the applicable subscription period and if applicable thereafter monthly. All payments are completely non-refundable. You may cancel your FunPass subscription at any time, but RN International will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account or recurring billing required to fulfil the current subscription term. To ensure that your credit card will not be charged for your next billing period, you must cancel your FunPass subscription no later than two days before your next scheduled billing period begins. You can do this by going to your 'my details' page and cancelling the subscription. You agree to provide RN International with a valid credit card or other payment method details and accurate, complete and updated information required by the subscription registration form. Failure to comply may at RN International's sole discretion result in the immediate termination of your FunPass subscription. Once you have cancelled your FunPass subscription, you will be able to access FunPass and play any of the games that you have accessed through FunPass right up until the end of your applicable subscription period but once your cancellation is effective, you will no longer have access to FunPass and you will no longer be able to play any of the games which you have accessed through FunPass save for any outstanding trial periods which may remain on Deluxe Games. RN International will either refund or credit your account, at RN International's option, in the event a disruption of RN International's service prevented you from making use of your FunPass account in good standing.
RN International may assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than three (3) months past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that RN International may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your FunPass subscription, or your FunPass subscription is terminated. You agree to notify RN International about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to RN International's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
2. RN INTERNATIONAL'S RIGHT TO TERMINATE OR MODIFY THE FUNPASS SUBSCRIPTION
RN International may modify the terms of this Agreement or the FunPass subscription, including but not limited to the price, content or nature of the FunPass subscription, upon notice to you. In the event RN International modifies the Agreement or the FunPass subscription, you may terminate the subscription by going to your 'my details' section and cancelling your subscription. RN International may terminate this Agreement and any services at any time upon notice to you, provided that you will be entitled to receive the FunPass subscription services for any period for which you have already paid, or a pro-rata refund at RN International's sole discretion. RN International may provide notice by e-mail or by publishing the changes on its website and you acknowledge and agree that this is sufficient notice. This Agreement will automatically and immediately terminate if you fail to comply with any term. No notice shall be required from RN International to effect such termination. Upon any termination of this Agreement (whether by you or RN International), you shall immediately discontinue use of FunPass. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
3. SERVICE USE RESTRICTIONS
Except as specifically authorized herein, you may not: (i) permit other individuals to use FunPass; (ii) modify, translate, distribute or create derivative works of FunPass or any of its content; (iii) rent, lease, transfer, or otherwise transfer rights to FunPass; and (iv) remove any proprietary notices or labels on FunPass. You may only use FunPass for your private, non-commercial use. You may not use FunPass in any way to provide, or as part of, any commercial service or application.
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a content file. FunPass embodies a copy management system required by applicable laws, and you may not circumvent or attempt to circumvent this system by any means.
In addition to any other remedies available in equity or law to RN International and RN International's content suppliers, failure to comply with any of the terms and conditions in this Section 3 "Service Use Restrictions" shall immediately terminate your license to the content and FunPass.
4. PERSONAL INFORMATION AND PRIVACY
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify RN International immediately of any unauthorized account use. RN International is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
5. E-MAIL NOTIFICATION
To let you know what new content and services are available from time to time, RN International will send you e-mail describing the latest content and how to get access to the content. You agree that as a FunPass subscriber, RN International may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the FunPass subscription services, you will receive this e-mail even if you have opted out of receiving other e-mail from RN International. If you do not want to receive this e-mail, you may cancel the FunPass subscription service at any time as provided in this Agreement.
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