EULA 1-03-2012 część 2
9. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
(a) By cricking "I ACCEPT" You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of minor age 1217 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 1217 who has been authorized to click "I ACCEPT" by Your parents or Your legal guardians. YOU ARE HEREBY FOREWARNED THAT NCSOFT MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, EXERCISE ITS SECTION 3(c) RIGHT TO TERMINATE BASED ON FAILURE TO COMPLY WITH THE CRITERIA ABOVE.
(b) Each Account may only be used by one person. If a minor has been allowed access to an Account by his/her parents or legal guardians, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by You to do so is null and void. However, You may allow access to an Account to any family member who is riving in Your household.
(c) You acknowledge that the Game is not intended for minors under age 12, and You will not allow access to the Game, or the viewing of any display thereof, by any minor under age 12.
10. SERVICE AND AVAILABILITY
(a) You acknowledge that NCsoft may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
(b) You acknowledge that Service may be interrupted for reasons within or beyond the control of NCsoft, that NCsoft cannot and does not guarantee You will be able to use the Game or any Account whenever You wish to do so, that NCsoft will interrupt the Service on a regular basis for purposes of maintenance or updates and may do so without providing You with notice before such interruption, and that NCsoft may provide subsequent versions, enhancements, modifications, upgrades or patches related to the Software that You must accept and/or install before You will be able to use the Game.
11. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
(a) You acknowledge that the Game is designed and intended to be used for entertainment purposes only and:
(i) You warrant and represent that You understand the Game sets forth a virtual world and not the real world, that You understand the distinction between a virtual world and the real world, that You understand that You have no fundamental right whatsoever to use the Game, and that You understand that NCsoft may in its sole and absolute discretion terminate Your ability to access or use the Game for any reason or for no reason whatsoever as detailed above under Section 3;
(ii) You warrant and represent that You understand that Your privacy, as well as the privacy of others who do not know each other personally in the real world, is well served by keeping interactions in a virtual world separate from those in the real world.
(iii) You warrant and represent that You understand that there may be communications or information on any NCsoft Message Board as well as parts of the Service or the Game, known or unknown to NCsoft, that may be considered objectionable by some persons, including yourself;
12. NCSOFT DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND RELEASES
TERMS APPLICABLE TO RESIDENTS OF THE EU (EXCLUDING RESIDENTS OF GERMANY)
If you are ordinarily resident in the European Union (excluding Germany), the following limitations of liability shall apply:
(a) SUBJECT TO SECTION 12(C), ANY SERVICE, CONTENT OR SOFTWARE FROM NCSOFT, ANY THIRD-PARTIES UNDER AGREEMENT WITH NCSOFT, ANY PARENT, SUBSIDIARY OR AFFILIATE OF NCSOFT, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, IS PROVIDED AT YOUR OWN RISK ON AN "AS AVAILABLE," "AS IS" BASIS IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED TO SERVICE, SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, UPDATES, CORRECTION OF DEFECTS, OR THAT IT IS FREE FROM DEFECTS OR VIRUSES OR HARMFUL COMPONENTS OF ANY FORM WHATSOEVER. ALL SUCH OBLIGATIONS ARE HEREBY DISCLAIMED AND YOU HEREBY ACKNOWLEDGE THAT NCSOFT, ANY THIRD-PARTIES UNDER AGREEMENT WITH NCSOFT, ANY PARENT, SUBSIDIARY OR AFFILIATE OF NCSOFT, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR BY OPERATION OF LAW, RELATING TO NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OPERABILITY
(b) If NCsoft breaches the terms of this agreement. it will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and NCsoft at the time this agreement is accepted by you. However, NCsoft's aggregate liability to You with respect to all claims arising from or in connection with this agreement shall be limited to an amount not exceeding any amount paid by You to NCsoft in relation to the Game in the 12 months prior to the date the claim arose.
(c) NOTHING IN THIS AGREEMENT SHALL LIMIT NCSOFT'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
TERMS APPLICABLE IN GERMANY
(d) If You have Your permanent residence in Germany the liability of NCSOFT shall be exclusively governed by the following provisions:
(i) NCsoft shall only be fully liable for damages if such damages were caused by gross negligence or intentional acts of NCsoft, its employees, agents and officers;
(ii) In the case of simple negligence NCsoft is only liable for personal injury and death arising out of its negligence; and
(iii) for breach of contractual obligations which the customer could trust not to be breached and which are essential to perform under this agreement and in this case only, liability is limited to the typical foreseeable damages. Your rights under the Product Liability Act remain unaffected. Where liability is excluded or limited, such exclusion or limitation shall also be extended to NCsoft's parent company, affiliates and subsidiaries and their respective employees, agents and officers.
In addition to the provisions of Sections 6(b), 7(b) and 15, You agree to defend, indemnify and hold harmless NCsoft, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
(i) The provisions of Section 8(a) - 8(m) above;
(ii) Your failure to comply with any provision of this agreement;
(iii) Your use of the Game, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
(iv) Your actions to knowingly affect the Service, the Game, Content or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
14. DISPUTE RESOLUTION
(a) Informal Resolution - With respect to the resolution of any controversy related to this agreement (hereinafter "Dispute") (except as provided under Section 14(b) below), 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 NCsoft that You wish to resolve a Dispute by notifying the Notice Contact of Your desire to do so. Any such request must be made to the Notice Contact and include Your name, contact information, an explanation of Your side of a Dispute, and at least one reason why a Dispute should be resolved in Your favor. NCsoft may also, provide other means by which You may choose to so notify NCsoft. Based on communications regarding a Dispute, NCsoft may take any action, as conclusively determined in the sole and absolute discretion of NCsoft, or no action whatsoever, including but not limited to termination of an Account under Section 3(b) or Section 3(c). NCsoft has no obligation to explain any decision to take any action, or no action whatsoever, based on communications regarding any Dispute. If You are not satisfied with a decision by NCsoft 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 1-44 (0) 1273 872011 _ Attn: Legal Department' that includes Your name, address, contact information, an explanation of Your side of a Dispute.
(b) Prohibited Activities / Exceptions to Informal Discussions and Arbitration _ You acknowledge, and further agree, the provisions of Section 14(a) above is not applicable to: 1) any activity related to Section B above; 2) any Dispute that may arise under, from or in any way relate to invasion of privacy, theft, piracy, or other criminal activity by You or any person(s) other acting in concert with You; and 3) any claim for injunctive relief. YOU ARE HEREBY FOREWARNED THAT NCSOFT MAY COOPERATE WITH LAW ENFORCEMENT AUTHORITIES TO ANY EXTENT NCSOFT DEEMS PROPER, IN ITS FULL AND ABSOLUTE DISCRETION, AND THAT YOU HAVE NO LEGAL RIGHTS OR RECOURSE AGAINST NCSOFT, ANY THIRD-PARTIES UNDER AGREEMENT WITH NCSOFT, ANY PARENT, SUBSIDIARY OR AFFILIATE OF NCSOFT, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, RELATED TO SUCH COOPERATION.
15. THIRD PARTY TECHNOLOGY
You acknowledge that (i) the Game may contain other software or components that are either owned by a third party or in the public domain, and (ii) NCsoft has no proprietary interest in such software or components (collectively and each, the "Third Party Software"). A listing of any such Third Party Software Of applicable) is made available to you in the Documentation, the "Read Me" files for each component of Third Party Software, and is set forth in the THIRDPARTYSOFTWAREREADME.txt file located in the installation directory of the Software, and is available upon written request from NCsoft. Your rights in any such Third Party Software are governed by and subject to the terms and conditions set forth in the applicable third party licenses set forth in the Documentation, the "Read me files for each component of Third Party Software, and in the THIRDPARTYSOFTWAREREADME.txt file located in the installation directory of the Software. By installing or using any such Third Party Software, you acknowledge and agree to fully comply with such terms and conditions. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE DISCLAIMERS SET FORTH IN SECTION 12 ABOVE AND THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 12 ABOVE SHALL APPLY TO NCSOFT, ANY THIRD- PARTIES UNDER AGREEMENT WITH NCSOFT, ANY PARENT, SUBSIDIARY, OR AFFILIATE OF NCsoft, ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, AND ANY LICENSORS WITH RESPECT TO SUCH THIRD PARTY SOFTWARE. NCSOFT IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD PARTY SOFTWARE UNLESS EXPRESSLY AGREED TO IN WRITING BY NCSOFT UNDER A SEPARATE AGREEMENT. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW YOU FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND NCSOFT, ANY THIRD- PARTIES UNDER AGREEMENT WITH NCsoft, ANY PARENT, SUBSIDIARY OR AFFILIATE OF NCsoft, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTYOR OR OFFICER OF ANY OF THE FOREGOING, AND ANY LICENSORS OF ANY OF THE FOREGOING FROM AND AGAINST ANY CLAIMS OR LAWSUITS, INCLUDING ATTORNEYS' FEES, THAT ARISE OR RESULT FROM THE USE OR DISTRIBUTION OF SUCH THIRD PARTY SOFTWARE.
16. GENERAL PROVISIONS
(a) You acknowledge that NCsoft may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only. If you do not agree to any changes made to the provisions of this agreement. NCsoft may in its own discretion agree to continue under the old terms of this agreement. If NCsoft does not agree to continue under the old terms of this agreement, it may terminate the agreement in accordance to Section 3(b).
(b) You acknowledge that any Uniform Resource Identifier, including but not limited to the www.ncsoft.com Uniform Resource Locator (URL) is, in the sole and absolute discretion of NCsoft, subject to change at any time.
(c) Force Majeure - Both You and NCsoft shall be excused from any failure to perform any obligation under this agreement 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 causes of like or different kind beyond the control of You or NCsoft, as applicable under the circumstances.
(d) Waiver - Signed written consent from a legally authorized representative of NCsoft is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
(e) No Rule of Strict Construction - If any provision of this agreement is determined to be unenforceable as a result of any proceeding (e.g., any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency), the agreement shall remain in force as far as the remaining provisions are concerned.
(f) Injunctive Relief - To the extent permitted under applicable law You and NCsoft acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or NCsoft) shall 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 forth in this agreement.
(g) This agreement and any dispute or claim arising out of or in connection with it (including any non-contractual claims or disputes) shall be governed by and construed in accordance with English law. In relation to any legal action or proceedings (a) arising out of or in connection with this agreement or its implementation or effect or (b) relating to any non-contractual obligations arising out of or in connection with this agreement, each of the Parties irrevocably submits to the non-exclusive jurisdiction of the English courts.
(h) Assignment - NCsoft may sub-contract the performance of the Service and the provision of the Game and/or Content. NCsoft may also, at any time, assign (absolutely or by way of security and in whole or in part) transfer, mortgage, charge or deal in any manner with the benefit of any or all of any of NCsoft's obligations or any benefit arising under of out of this agreement.
(i) Notices - Unless otherwise stated in this agreement, all notices must be made to the Notice Contact.