End User License Agreement
Last updated April 4, 2013
IF YOU DO NOT AGREE WITH OUR END USER LICENSE AGREEMENT, PLEASE DO NOT PROCEED WITH THE REGISTRATION PROCESS AND LEAVE OUR SITES IMMEDIATELY AND DO NOT ACCESS OR USE OUR WEBISTE(S), GAME(S), OR SERVICE(S).
This software program, and any files that are delivered to you by via on-line transmission or otherwise to “patch”, update, or otherwise modify the software program, as well as any printed materials and any online or electronic documentation, and any and all copies and derivative works of such software program and Manual (collectively, with the “Game Client” defined below, the “Game”) is the copyrighted work of Wargaming.net or its licensors (collectively referred to as “WN”). Any and all uses of the Game are governed by the terms of this End User License Agreement (the “License Agreement”, “Agreement”), the terms and conditions applicable to the use of the related online service available at http://worldofwarplanes.com/en/terms_of_service. The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.
1. Grant of a Limited Use License
If you agree to this License Agreement, you may install the Game Client onto your computer for purposes of playing the Game by registering for and accessing an account (“Service”). Subject to your agreement to and continuing compliance with this License Agreement, WN hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. All use of the Game Client is subject to this License Agreement and to the Terms of Service agreement (the “Terms of Service”), both of which you must accept before you can use your Account to play the Game.
2. Additional License Limitations
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Game in violation of the License Limitations will be regarded as an infringement of WN’s copyrights in and to the Game. You agree that you will not, under any circumstances:
A. In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client for archival purposes only;
B. Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the World of Warplanes experience;
C. Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of WN; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
D. Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that WN may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
E. Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by WN;
F. Host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by WN in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
G. Facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by WN;
H. Sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.
3. Terms of Service
You must accept the Terms of Service in order to access the Service and play the Game. The Terms of Service agreement governs all aspects of the game play. You may view the Terms of Service by visiting the following website: http://worldofwarplanes.com/en/terms_of_service. If you do not agree with the Terms of Service, then you may not register for an Account to play the Game.
4. Proprietary Rights; Copyrights and Trademarks
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, 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) are owned or licensed by WN. The Game Client is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions, and other laws. All rights are asserted and reserved. The Game 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 License Agreement. All trademarks are the property of their respective owners.
B. Wargaming.net and WN’s corporate logo are trademarks or registered trademarks of WN in the United Kingdom and other countries, and all rights, title and interests in and to any and all such marks are hereby expressly reserved by WN. All other trademarks, service marks, trade names and logos that appear within WN games or are displayed on the Website are the property of their respective owners. The Game and all materials, information and data contained or displayed within the games, and/or otherwise appearing within the Website, including documents, Services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of WN and are © 1998-2012 Wargaming.net. All rights that have not been expressly granted to you pursuant to these terms are hereby expressly reserved by WN. Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of the games, the Website and/or any of the materials (or any portion or derivative of any such items), directly or indirectly, is strictly prohibited unless the written consent of the applicable copyright owner or relevant sublicensor (if any) is first obtained.
5. Consent to Monitor
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game Client from your hard drive. WN may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game Client from your hard drive.
7. Patches and Updates
WN may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. WN may update the Game remotely including without limitation the Game Client residing on the user’s machine, without the knowledge of the user, and you hereby grant to WN your consent to deploy and apply such patches, updates and modifications.
8. Duration of Online Services
This Game is an online game that must be played over the Internet through the Service as provided by WN. You understand and agree that the Service is provided by WN at its discretion and may be terminated or otherwise discontinued by WN pursuant to the Terms of Service.
9. Game Participation
Your participation in Game is subject to the following terms and conditions.
In order to take part in the World of Warplanes MMO Game, participants (“Players”) must be 13 years of age or older. Each Player can have only one registration account. Players are solely responsible for their behavior in both public and battle chat. Players are responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. It is highly recommended that board users do not share their accounts with others, nor share their computers used to access the site with others. In case your account has been lost or hacked, please, inform the administration immediately.
Please report any bugs and errors related to registration to firstname.lastname@example.org.
B. Account Suspension
Violations of these rules can lead to the following sanctions:
C. Prohibited Uses
By involving yourself in the Game, you acknowledge that you agree to these and all other relevant rules and will abide by them regardless of the circumstances. In addition you also agree that these rules will apply to anyone that you allow to use your WN’s account or user ID. By allowing another user to use your account, you are personally responsible for all the consequences (including termination of your account) which may result, if the above discussed person violates any of the listed rules at any time you will not be entitled to a refund of any monies paid by you.
You agree not to do any of the following while using the Game or any WN public and battle chats, message boards, messenger-type and other communication features:
D. Reporting Violation
Please report any violations to the above terms and conditions to email@example.com. Attached screenshots and/or video are highly appreciated.
10. Disclaimer of Warranties
Your access and use of the Game is and will be entirely at your own risk and expense. Please be advised that neither the materials nor the third-party content have been verified or authenticated in whole or in part by or for WN, and, accordingly, the audiovisual content and related information and data may include inaccuracies or typographical or other errors. WN does not make any representations or grant any warranties regarding the Game, materials, any third-party content, and/or any other subject matters of this Agreement, including, without limitation, any representation or warranty regarding the accuracy or timeliness of the materials or the third-party content contained within or otherwise displayed as part of the Website. WN shall have no obligations or liability for any errors or omissions of or concerning the Game, the materials and/or any third-party content, whether provided by WN or our licensors or any third-party contributors or other sources of any such items.
NEITHER WN, WN’S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “WN PARTIES”), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WN PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.
11. Limitation of Liability
12. Equitable Remedies
You hereby agree that WN would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that WN shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as WN may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
WN reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when WN upgrades the Game Client, effective upon prior notice as follows: WN will post the revised version of this License Agreement on the World of Warplanes website, and may provide such other notice as WN may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 6 herein. Your installation and use of any of WN’s updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. WN may change, modify, suspend, or discontinue any aspect of the Game at any time. WN may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
14. Dispute Resolution and Governing Law
A. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and WN agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. WN will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Wargaming Public Company Limited, a company incorporated in Cyprus with its registered address at 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus and e-mail a copy to firstname.lastname@example.org.
B. Binding Arbitration
If you and WN are unable to resolve a Dispute through informal negotiations, either you or WN may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the jurisdiction of UK courts. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and WN may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and WN agree that any arbitration shall be limited to the Dispute between WN and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration
You and WN agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or WN’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
This License Agreement constitutes and contains the entire agreement between the parties 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 Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. The provisions of Sections 4(A), 5, 9-11, 13 and 14 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking “Accept” or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.