Licence utilisateur final

IMPORTANT! PLEASE READ CAREFULLY.
BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME KNOWN AS EMPIRE OF SPORTS™, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE EMPIRE OF SPORTS.

 

Permitted Uses

Empire of Sports AG, its subsidiaries, parent company, affiliates and licensors (collectively referred to as “Empire of Sports AG”) brings to you Empire of Sports™ (“EOS”).  In order to access and play EOS, proprietary software and associated files are either delivered to you via on-line transmission or are available to you, via a software client for download onto your computer (“Software”).  

Software is made available to you: (1) through the use of the internet, to allow you to utilize the computer system of Empire of Sports AG (“System”) so as to access and play EOS, and (2) in order for EOS to patch, update or otherwise automatically modify the said Software, as permitted by EOS and only in accordance with the terms of this End User License Agreement (“EULA”) and the related legal agreements - Terms Of Use and the Privacy Policy, the terms of which are expressly incorporated herein and can be found at www.empireofsports.com/community/en/legal-infos/index.html 

Empire of Sports AG also provides to you, for your use in accordance with the terms of this EULA, on– line or electronic documentation and / or printed documentation (“Materials”).  
The copyright and any and all other intellectual property rights (as applicable) of EOS, the Software, the System and any Materials, as well as any copies and / or derivative works of the same as provided to you under this EULA, remain at all times with Empire of Sports AG.

Empire of Sports AG may amend the terms of this EULA (including the aforementioned Terms Of Use and Privacy Policy) from time to time and without notice to you by posting an amended version of the EULA at www.empireofsports.com/community/en/legal-infos/index.html 

Legal infos Your continued use of the Software, the System and/ or EOS, including any patches, modifications or updates thereof, after the date of the then amended EULA will be deemed to be your consent to such amended and then current EULA.

 

Grant of a Limited License

Only upon your acceptance of all of the terms of this EULA will Software be installed onto your computer’s hard drive.  Under the terms of this EULA, Empire of Sports AG grants and you hereby accept, a limited, restricted, revocable, non-sublicensable and non-exclusive license to: (a) install the Software on one or more personal computers owned by you or one which remains at all times under your legitimate control, and (b) use the Software in conjunction with the System so as to gain access to and play EOS solely for non-commercial entertainment purposes.

You may not remove or edit any proprietary notices that may be attached to the Software.

 

Intellectual Property Rights & Ownership

All title, ownership rights and intellectual property rights in and to EOS, the Software, the System and Materials, and all copies and derivative works thereof (including without limitation any titles, computer codes, themes, objects, characters and avatars, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation (collectively referred to as “EOS Property”) are owned or licensed by Empire of Sports AG. EOS Property is protected by English and international copyright laws, treaties and conventions, and other laws. EOS Property may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this EULA. Empire of Sports AG reserves all rights not expressly granted to you in this EULA.

 

Beta Release

In the event that the Software is a beta release or pre-release version (“Beta Release”), the terms of the Beta Agreement, which can be found at www.empireofsports.com/community/en/legal-infos/index.htmlLegal infos, will apply to your use of the Beta Release.  The Beta Release may contain more or less functionality than the commercial version of the Software that Empire of Sports AG intends or does in fact release.  Empire of Sports AG is not in anyway obligated to release any commercial product resulting from a Beta Release and, if released, may alter features, specifications, or other characteristics of the commercial release.  You agree that the Beta Release is not a commercial product and may contain errors affecting its proper operation.

 

User Generated Content Ownership and Warranties

User Generated Content shall mean, without any limitation whatsoever, any feedback, chat logs, forum logs, emails, pictures, screenshots, video, game characters and /or game play, or any communication whatsoever that you create from and / or insert, append, attach or otherwise upload to EOS, the EOS websites, forums and / or chat logs (“UGC”).


You warrant:

1) that any and all UGC provided by you, shall be solely created by you and/ or that have a license to use the said UGC in the manner in which you do; and

2) that none, either in whole or in part, of the UGC infringes upon any intellectual property of any third party.

You acknowledge and agree that any and all UGC created and / or generated by you, at any time, is and shall be the sole property of Empire of Sports AG.
You agree to assign any and all rights that you may have in any UGC to Empire of Sports AG and to execute any and all documents required in order to assign any such rights to Empire of Sports AG.  Alternatively, if such an assignment is found to contravene any local laws, you hereby grant to Empire of Sports AG a perpetual, royalty free, irrevocable and unlimited license to use the UGC in such manner, including without limitation, to sub-license and commercially use any UGC, that Empire of Sports AG in its sole discretion decides.
You acknowledge that you have no interest, monetary or otherwise, in any feature or content contained in EOS Property or UGC.

Account

You may register for a user account at the website www.empireofsports.com without downloading the Software.  However, in order to have access to the System so as to enable you to play EOS, you must also download the Software client to your computer. To ensure a successful connection to the System and to heighten your game experience of EOS your computer hardware must meet certain minimum hardware specifications, details of which may be found in the FAQ: www.empireofsports.com/community/en/help/faq/index.html

Empire of Sports AG may change, modify, suspend, or discontinue any aspect of EOS (including the Account), the Software, System or the websites at any time and may also impose limits on certain features or restrict your access to parts or all of EOS Property without notice or liability.

 

Account Holder – Age Limit

Only natural adult individuals are permitted to access and download the Software, access our websites or subscribe to EOS.  You may not share your Account with anyone else or allow anyone else access to your Account, except that, at your own option, and subject to the terms of this clause, you may allow a Young Person to use the Account. Minors who are 12 years of age and under (twelve) are not allowed to either access or download the Software nor subscribe to EOS or our websites. Children between the ages of 13 (thirteen) to 17 (seventeen) (“Young Person”) must have a parent or legal guardian open an account in the parent’s or legal guardian’s name.

As the parent or legal guardian, if you open an Account, which you allow a Young Person to use, you will be fully responsible both for the activities of the Account and for any and all actions of that Young Person; including any fees, payments or charges that may accrue.

Notwithstanding the preceding prohibition, if you do allow a third party access to and the use of your Account, you will be responsible for the actions and activities of such third party.  Further, you may not transfer, either voluntarily or for payment, your account or your character to any third party

Accounts may only be used for personal enjoyment and not for any business or commercial use; this restriction applies both outside and within the EOS environment.

 

Responsibilities of End User

Subject to the license granted hereunder, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on EOS Property, or remove any proprietary notices or labels on EOS Property. Failure to comply with the restrictions and limitations contained in this clause will result in the immediate and automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. However, you may make one (1) copy of the Software and the Materials for back-up and archival purposes only.

You agree that you shall not, under any circumstances:

1) sell or grant a security interest in or transfer reproductions of EOS Property to other parties in any way not expressly authorized by this EULA;

2) rent, lease or license EOS Property to any third party, whether for personal or commercial purposes;

3) exploit EOS Property or any of its parts for any commercial purpose, including without limitation, use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Empire of Sports AG;

4) host, provide or develop matchmaking services for EOS Property or intercept, emulate or redirect the communication protocols used by Empire of Sports AG in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to EOS Property, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;

5) facilitate, create or maintain any unauthorized connection to EOS Property, including without limitation, any connection to any unauthorized server that emulates, or attempts to emulate, EOS Property. All connections to EOS Property, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by Empire of Sports AG. Under no circumstances may you connect, or create tools that allow you or others to connect, to EOS, the Software or the System’s proprietary interface other than those expressly provided by Empire of Sports AG for public use;

6) use EOS Property to transmit or facilitate the transmission of, without limitation, viruses, trojans,  malware or any such other harmful computer code, files or programs;

7) bypass or contravene any digital rights management technology that is or may be integrated into EOS Property; and / or

8) use the Software or System to infringe upon the intellectual property rights of third parties or to contravene any applicable law.

 

Digital Rights Management

Either Empire of Sports AG and/or our licensors may use digital rights management (“DRM”) technology so as to prevent any unauthorized copying, modification or use of EOS Property in whole or in part.  Please note that distributing programs or software that facilitate the bypassing of or actually bypassing DRM technology may in certain jurisdictions incur civil and / or criminal penalties.  If DRM technology is used by us or our licensors, it will be integrated into EOS Property and may be automatically downloaded to your computer and updated concurrently with your use and access to EOS and / or the System and your use and / or continued use of EOS Property constitutes your acceptance of such automatic downloading.

 

Consent to Monitor

Empire of Sports AG may monitor and collect non– personal information from your computer to gather information in order to provide you with an appropriate gaming experience.  We may monitor information in respect of your computer system’s specifications, the EOS client that is installed on your computer, as well as any unauthorized third party programs interacting with the running of EOS. “ Unauthorized Third Party Program” shall mean any third party software, including without limitation, any “ADDON,” “MOD,” “HACK,” “TRAINER,” or “CHEAT,” that in Empire of Sports AG’s sole opinion: (a) enables or facilitates cheating of any type; or (b) allows you to modify or hack the EOS interface, environment, websites and/or game experience in any way not expressly authorized by Empire of Sports AG; or (c) intercepts, “mines,” or otherwise collects or modifies information from or through the game.

Types of information that may be collected may include, without limitation, your account name, details about the Unauthorized Third Party Program found, the date and time such software was detected. If any Unauthorized Third Party Software is found, Empire of Sports AG may exercise any or all of its rights under this EULA, which may include immediate termination of your access to EOS Property without prior notice to you.  For the avoidance of doubt, the limited license granted to you hereunder will also automatically terminate immediately and without notice.

Empire of Sports AG may share such information with third parties, but only in an aggregate form, which will not in anyway, personally identify you. If you download and play this game you will receive advertising messages that appear within and in context with the game environments to enhance the realism of the game. To provide this functionality, technology developed by IGA Worldwide, INC. has been or will be integrated into EOS. This technology will automatically deliver location-based advertising and log and transmit certain information about your interaction with the advertising. If you do not wish to receive contextual advertising messages, you cannot play EOS properly as you need to be connected to the Internet. The IGA Worldwide, INC. privacy policy can be found at www.igaworldwide.com/privacy-policy.cfm

 

Open Source Software

There may contain within EOS Property, open – source software, whereby the terms of the individual licenses may permit rights that are separate from and different from the license contained herein. Open source licensees such as the GNU General Public License (“GPL”) or other similar licenses permit you to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code. The GPL requires that for any software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also is made available to those users. For any such software, the source code is made available in a designated directory created by installation of the Software or designated internet page. It is your responsibility to read and understand any rights granted to you by the appropriate and respective Open-Source Licenses.  To the fullest extent permitted by the Open Source License as granted to us through our use of the same, we prohibit any action by you that contravenes the specific rights granted to you pursuant to this EULA.

 

Termination

This EULA is effective until terminated. You or Empire of Sports AG may terminate this EULA at any time for any reason or no reason.  Upon termination you must
(i) permanently destroy all copies of EOS Property in your possession or control; and (ii) remove the Software from your hard drive; and (iii) notify Empire of Sports AG of your intention to terminate this EULA. Upon termination of this EULA for any reason, all licenses granted herein shall immediately terminate.

 

Export Controls

EOS Property may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Patches, Bug Fixes, Updates, New Versions

In its absolute sole discretion and from time to time, Empire of Sports AG may deploy or provide patches, modifications, bug fixes, updates and new versions to EOS that must be installed upon your computer hardware in order for you to play EOS and/ or access the System (“Updates”). Empire of Sports AG may install Updates remotely, including, without limitation, the EOS client that is installed on your computer.  Empire of Sports AG may undertake the remote installation of Updates, without your knowledge and you hereby grant to Empire of Sports AG your consent to deploy and apply such Updates. However, EOS is under no obligation whatsoever to provide such Updates to you.  Please note that Updates may be applied automatically and without notice to you. If you refuse to accept Updates, your game play experience maybe seriously effected and / or you may not be able to access EOS and / or the System.

 

Limitation of warranty

EOS PROPERTY (INLUDING WITHOUT LIMITATION THE EOS, CLIENT SOFTWARE, ACCESS TO THE SYSTEM  AND MATERIALS(S)) ARE PROVIDED "AS IS" AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF EOS PROPERTY REMAINS WITH YOU.  SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of liability

EMPIRE OF SPORTS AG SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF EOS OR ANY USE OF EOS, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF PROFIT, LOSS OF CHANCE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, EMPIRE OF SPORTS AG SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY EOS, THE SOFTWARE, WEBSITES AND/OR THE SYSTEM. EMPIRE OF SPORTS AG SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, BUGS, MALFUNCTIONS OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL EMPIRE OF SPORTS AG BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EMPIRE OF SPORTS AG'S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO EMPIRE OF SPORTS AG DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

 

Indemnity

You hereby agree to defend, indemnify and hold Empire of Sports AG harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Empire of Sports AG arising out of or from your use of  EOS Property. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

 

Equitable Remedies

You hereby agree that Empire of Sports AG would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Empire of Sports AG shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Empire of Sports AG may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable attorneys' fees and other reasonable expenses incurred by such prevailing party in the litigation.

Changes to the Agreement

Empire of Sports AG reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement whenever Empire of Sports AG upgrades the EOS and / or software and / or the EOS Client.  The most recent version of this Agreement will be posted on the Website at www.empireofsports.com/community/en/legal-infos/index.html.

If you do not agree with any change (in whole or in part) of the then amended Agreement, or if the new changes cause you to no longer be in compliance with the then amended Agreement, you may terminate this Agreement in accordance with the clause, Termination, above.
Your installation and use of any Updates or EOS Property following publication of the then amended Agreement will be deemed to be your consent to the new terms and conditions of the then amended Agreement.

 

Survival

The clauses: Confidentiality, Intellectual Property Rights & Ownership and User Generated Ownership & Warranties, Equitable Remedies, Limited Liability and Your Responsibilities as set out in this Agreement shall survive the expiration, termination or rescission of this Agreement and continue in full force and effect.

 

Governing Law

This EULA will be governed by and construed under the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the laws of England and Wales.

 

Miscellaneous

Severability    

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.

Waiver    

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
Force Majeure    Empire of Sports AG will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this Agreement that is caused by an ‘Act of God’ or earn vent outside Empire of Sports AG’s direct control.

Assignment    

This Agreement is personal to you and cannot be assigned, either in whole or in part, to any other person.

Entire Agreement    

This Agreement is the entire agreement between Empire of Sports AG and you with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the End User License Agreement. To the extent that the provisions of this Agreement conflict with the provisions of the End User License Agreement, the conflicting provisions in this Agreement shall govern.

In the event that there are any conflicts or other discrepancies between the terms of this translated Agreement and that of the respective English source agreement, the terms of the appropriate English source agreement shall prevail and govern in all respects.

Notices    

Any notices pursuant to this Agreement must be served in writing and sent to General Counsel, Grafenauweg 2, Zug, Switzerland.
Governing Law     This Agreement will be governed by and construed under the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the laws of England and Wales. 

 

I acknowledge that I have read and understood this Terms of Use Agreement and agree that by clicking “Accept” or installing EOS I consent to be bound by the terms and conditions of this Terms of Use Agreement.

Copyright © 2008 Empire of Sports AG.  All rights reserved. Trademarks belong to their respective owners.

adidas, the 3-Bars logo and the 3-Stripe trade mark are registered trade marks of the adidas Group, used with permission.October 2008