This is the DUST 514 EULA (At time of writing, 7 February 2014). The official version can be found at:
End-User Licence AgreementEdit
END USER LICENSE AGREEMENT
Thank you for your interest in the DUST 514 interactive online game ("DUST 514" or the "Game"). DUST 514 is offered by CCP hf ("CCP"), a company based in Reykjavik, Iceland dedicated to the creation of next generation games. DUST 514 is a multiplayer role playing game that allows the simultaneous participation of players around the world, interacting in the same game environment. You may play DUST 514 by downloading and using CCP's proprietary software (the "Software"). Using the Software allows you to log into CCP's client system (the "System") and interact within the game environment created by CCP. CCP also operates the game EVE Online, which interacts with DUST 514 and is run using the same System.
To play DUST 514, CCP requires that you review and agree to the following terms and conditions of this End User License Agreement ("EULA").
This EULA describes the terms and conditions under which you may (i) use the Software; (ii) subscribe to, access and use DUST 514, and (iii) access the System. CCP may amend this EULA from time to time by posting an amended version at http://www.dust514.com/eula/ and/or notifying you when you attempt to log in to the System, as set out in Section 13 below. If you accept this EULA, the then-current version of this EULA shall apply each time you access the System or play DUST 514.
By clicking the "ACCEPT" button (or if you bypass or otherwise disable the "ACCEPT" button, and still access or otherwise use the Software, the System or the Game), you accept the terms and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you should click the "DECLINE" button, and you must discontinue use of the Software and not access the System or use DUST 514.
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America.
Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited (“SNEE”) and be subject to Sony Entertainment Network Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
REQUIREMENTS TO PLAY
To play DUST 514, you must: (i) download a copy of the Software to an authorized gaming console system; (ii) establish a valid account within the Game (an "Account") and keep that Account active by paying any Fees on a timely basis; (iii) obtain and maintain your own Internet access that has sufficient bandwidth to play the Game (Internet access is required to play DUST 514; CCP is not responsible for your access to the Internet); and (iv) comply with this EULA.
You may establish only one (1) Account for each copy of the Software licensed. However, an Account will be permitted to have multiple characters stored within the Account. If you wish to establish another Account, you must obtain another license for the Software by downloading such license from CCP.
A. ESTABLISHING A NEW ACCOUNT Only an individual, who is a natural person who has reached the legal age of majority in the jurisdiction where he or she is domiciled, may establish an Account. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities.
Children under the legal age of majority may use an Account established by their parent or legal guardian, provided the parent or legal guardian completes the registration process to establish the Account. Upon establishing the Account, such parent or legal guardian may share or otherwise allow their minor child to use the Account. You are not permitted to share your Account with a person under the legal age of majority who is not your child or for whom you are not the legal guardian. Upon sharing or otherwise allowing use of an Account by a minor child, the parent or legal guardian assumes full responsibility and liability for all obligations under the EULA, and for all activities of the child using the Account, including without limitation all items purchased under the Account. Notwithstanding the foregoing, parents and legal guardians may find the content in DUST 514 inappropriate for any child under the age of thirteen (13).
Except as noted above for parents or legal guardians sharing an Account with their minor child, you may not share your Account with anyone, or allow anyone other than you personally to access or use your Account. Joint or shared ownership or use of an Account by more than one user is prohibited.
Accounts may not be used for business purposes. Access to the System and playing DUST 514 is intended for your personal entertainment, enjoyment and recreation, and not for corporate, business, commercial or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish an Account, access the System or play DUST 514. Accessing the System or using the Game for commercial, business or income-seeking purposes is strictly prohibited.
B. PASSWORDS AND NAMES You will be asked to select a password during the registration process ("Password"). Except as noted above for parents or legal guardians sharing an Account with their minor child, you may not disclose your Password to anyone or allow anyone to use your Password to access the System or play DUST 514. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, lost or deleted characters, etc., resulting from disclosure of the Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your Account information and Password.
You will be assigned a login name and a character name during the registration and character creation process. Except as noted above for parents or legal guardians sharing an Account with their minor child, you may not allow anyone to use your login name or character name to access the System or play DUST 514. No player may use the character name of another player to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use or attempt to use the login name or character name of anyone else.
You are encouraged to use a pseudonym for your character name, but you may not choose a name that violates anyone's copyrights, trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any liability incurred by you, CCP or anyone else due to the pseudonym you choose. CCP retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene, discriminatory or otherwise violates standards of good taste.
C. INAPPROPRIATE CONDUCT / COMMUNICATION CCP may establish rules of conduct (discussed below) for players accessing the System and may, but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the System that you may consider inappropriate or offensive. You acknowledge that other players may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. CCP does not, as a matter of policy, pre-screen the communications or content transmitted by each player and is in no way responsible for the communications and content transmitted by players of the Game or by players of EVE.
ACCOUNT TRANSFER / CHARACTER TRANSFER
You are not permitted to transfer your Account to another person, nor are you permitted to transfer your character to another person.
Any attempted character transfers are prohibited and void, and shall not be binding on CCP. A transfer or attempted transfer of a character is entirely at the risk of the parties to such transaction. CCP is not liable to any person (whether transferor, transferee or otherwise) for any acts, omissions, statements, representations, defaults or liabilities of the parties in connection with such a transaction.
FEES AND PAYMENT TERMS
When playing DUST 514, you may purchase items for use within the Game in return for specific item charges. You will be informed of any applicable download fees, item charges, or any other fees (together the “Fees”) as well as applicable payment terms during the registration process and, solely with respect to items for use within the Game, immediately prior to purchase. All items for use within the Game may expire on the earliest of their stated expiration date; or on the termination or expiration of your DUST 514® or Sony Entertainment Network account, as a result of Software upgrades or other changes to the Game; or on the date CCP ceases to offer or support the game.
Fees may be payable in U.S. Dollars, Euros, British Pounds Sterling, or such other currency as stated at the time of purchase and are non-refundable unless expressly stated otherwise in the EULA. Failure to pay any such Fees will constitute a material breach of this EULA, and your Account may be immediately suspended or terminated at CCP's discretion.
You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Sections 5 and 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
Notwithstanding the foregoing, CCP may, in its sole discretion, waive any and all Fees due to CCP.
TERMINATION; SUSPENSION OF ACCOUNT
A. BY CCP FOR TERMINATION OF THE GAME CCP does not guarantee that it will continue to offer access to the System or support the Game. CCP may, in its sole discretion, cease to provide any or all of the items or services offered in connection with DUST 514 (including access to the System and any or all features or components of the Game), terminate the EULA, close all Accounts and cancel all of the rights granted to you under the EULA. CCP may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when you log into your Account (ii) in a notice on CCP's website; (iii) via electronic mail; or (iv) in another manner that CCP deems suitable to inform you of the termination. If CCP terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any Fees.
B. BY CCP FOR BREACH OR MISCONDUCT i. Suspension of Account Without limiting CCP's rights or remedies, CCP may immediately and without notice discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the rules of conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the Game by you or any user under your Account.
ii. Termination of EULA CCP, in its sole discretion, may immediately and without notice terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the Fees when due; (ii) CCP is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System or Software, or infringes the rights of CCP or any third party; or (iv) CCP becomes aware of gameplay, chat or player activity under your Account that is, in CCP's discretion, inappropriate, offensive, or in violation of the rules of conduct. CCP may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
CCP reserves the right to terminate any and all other Accounts in both DUST514 and EVE that share the name, phone number, e-mail address, internet protocol address or credit card number with a closed Account. Termination by CCP under this section shall be without prejudice to or waiver of any and all of CCP's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of any Fees for a termination pursuant to this section.
C. BY YOU i. Termination of EULA You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to CCP via electronic mail. Upon termination of the EULA, CCP will close your Account and discontinue or suspend access to the System through your Account; you will not be entitled to receive a refund of any Fees in the event of such termination.
ii. Change in the Fees or Payment Terms If a change in the Fees or payment terms is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close all of your Accounts. You may terminate the EULA by notifying CCP via electronic mail to CCP at email@example.com within thirty (30) days after the later of (a) the date that CCP has posted the change on its website; or (b) the date the change has impacted your Account (e.g., your credit card has been charged). Your notice must state: (i) that you do not agree to the change, specifically describing the change, and that you wish to terminate the EULA; (ii) your character name and (iii) your login name. You will not be entitled to receive a refund of any Fees in the event of such termination. If you continue to access the System or use DUST 514 more than thirty (30) days after the later to occur of (a) or (b) above, without following the termination procedure set forth above, you shall be deemed to have accepted the change and waive your rights to terminate under this section.
iii. Change in the EULA If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Accounts. You may terminate the EULA by: (a) clicking the "DECLINE" button when you are prompted to review and agree to the amended EULA; or (b) notifying CCP via electronic mail to CCP at firstname.lastname@example.org within thirty (30) days after the amended EULA was communicated to you, provided that you have not clicked the "ACCEPT" button, accessed the System or played the Game during that period. Your notice must state: (i) that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and that you wish to terminate the EULA; (ii) your character name and (iii) your login name. You will not be entitled to receive a refund of any Fees in the event of such termination. If you click "ACCEPT" or otherwise continue to access the System or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
D. CLOSED ACCOUNTS If for any reason the EULA is terminated with regard to your Account, the Account will be closed, and all rights granted to you under the EULA will terminate with regard to the closed Account. You must discontinue your use of the Software, you may not access the System or play the Game under any closed Account, and all the attributes of the Account, including characters, items and currency in the Account, will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing DUST 514, for the real or projected value of your Account were it to be sold, or for any other compensation.
Users whose Accounts have been closed may not access the System or play DUST 514 in any manner or for any reason, including through any other Account, without the express written permission of CCP. Users of active Accounts may not knowingly allow former users whose Accounts have been closed to use the active user's Accounts.
A. SPECIFICALLY RESTRICTED CONDUCT Your continued access to the System and license to play the Game is subject to proper conduct. Without limiting CCP's rights to control the Game environment, and the conduct of the players within that environment, CCP prohibits the following practices:
You may not take any action that imposes an unreasonable or disproportionately large load on the System. You may not use your own or third-party software to modify any content appearing within the Game environment or change how the Game is played. You may not use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, currency, objects, character attributes or beneficial actions not actually acquired or achieved in the Game. You may not use the Software, or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Game may be played by others, as, for example, through server emulators. You may not submit any content to any chat room or other public forum within the Game that is harassing, abusive, threatening, harmful, obscene, libellous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights. B. SELLING ITEMS AND OBJECTS Within DUST 514, you may be permitted to transfer, trade, auction, sell, buy or otherwise accept virtual goods and other content appearing within the Game, including without limitation character attributes, items, currency, and objects, but excluding characters themselves (which may not be sold or transferred from their associated Account). All such transfers must occur within the Game environment, and may not be transferred, traded, auctioned, sold, purchased or otherwise accepted outside of the Game environment. In addition, you may not transfer, trade, auction, sell, buy, or accept any offer to transfer, trade, auction, sell or buy any content appearing within the Game environment, including without limitation characters, character attributes, items, currency, and objects, for real world currency. You may not encourage or induce any other person to participate in such a prohibited transaction. The buying, selling, trading, auctioning, or other transfer (or any attempt at doing so) of characters, character attributes, items, currency, or objects outside of the Game environment or for real world currency, whether through online auctions, newsgroups, postings on message boards or any other means, is strictly prohibited by the EULA and a violation of CCP's proprietary rights in the Game. Unless otherwise prohibited by applicable law, you acknowledge that any revenue generated by you in violation of this section constitutes proceeds from the sale of CCP’s proprietary property, and that upon demand of CCP, you shall account for and pay over to CCP all such revenues.
PRIVACY AND USE OF PERSONAL INFORMATION
A. COMMUNICATIONS Except for certain information in your Account (discussed below), all transmissions by you to the System are not private. You acknowledge and agree that you have no expectation of privacy regarding communications you make in the Game, whether through private in-Game messaging, during chat, or in chat rooms. CCP and/or its designated affiliates and representatives may monitor communications made by or received from you. You should not provide private information to any other player in the Game. CCP shall not be responsible for the consequences of any such disclosure by you.
You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game or interacting with the Game via EVE. You may report any instances of such behaviour to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. You may encounter behaviour of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game, and CCP assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.
B. USE OF PERSONAL INFORMATION You may verify and update your Account information by logging into your Account through the account management page within the Game.
Definitions The term “User Personal Details” means information relating to your personal Account details, including your email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such as friend’s lists, block lists, and language selection, any dates the foregoing data is modified, and any other information relating to your Account.
The term “User Gameplay Information” means any information relating to your play or use of the Game, including of your gameplay statistics, preferred strategies, in-Game transaction history and trends, history of technical issues and support usage, and history of contributed and received User Content and EVE User Content.
User Personal Details and User Gameplay Information together constitute “User Data”.
Collection and Use of User Gameplay Information You acknowledge and agree that CCP may collect and store User Gameplay Information about you, both as an individual and aggregated with the User Gameplay Information of other users of the Game and the System. In addition, you acknowledge and agree that CCP may analyse and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of CCP products and services.
Transfer and Sharing of User Data You agree that CCP may transfer, share, and/or store your User Data:
C. SECURITY AND DISCLOSURE OF USER DATA CCP does not guarantee that User Data transmitted to the System, including without limitation information in your Account and/or User Personal Details, will not be disclosed to third parties. While CCP's aim is to keep your User Data confidential and CCP employs security measures to protect the System, third parties may unlawfully intercept transmissions or private communications, or access data within the System.
CCP may (and you hereby expressly authorize CCP to) disclose information about you to private entities, law enforcement or other government officials, as CCP, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
You further agree that in the event of a failure in the Game, the System and/or the Software, CCP may provide crash dump information (which is information on the state of the System when a crash occurs, and may include your User Data) to third parties under suitable confidentiality restrictions in order to review, analyse and provide reports on such information to determine the cause or correction of the failure.
D. MONITORING You agree that CCP may remotely monitor your Game hardware solely for the purpose of establishing whether, in playing the Game and accessing the System, you are using software created or approved by CCP or its partners, or whether you are using unauthorized software created by you or a third party in contravention of Section 6.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
A. SOFTWARE LICENSE Subject to the other terms of the EULA, CCP grants you a limited, non-exclusive, revocable license to use the Software and its accompanying documentation solely in connection with accessing the System in order to play DUST 514 using a single valid Account.
For each valid Account you maintain, you may use only one copy of the Software. You must download a separate license to the Software for each additional Account you register; e.g., if you have 2 Accounts, you must have 2 licensed copies of the Software. You may make one (1) copy of the Software for backup or archival purposes.
B. LICENSE TO ACCESS THE SYSTEM TO PLAY THE GAME Upon establishing a valid Account, and subject to your continued compliance with the EULA, CCP grants you a limited, non-exclusive, revocable license to access the System, and to access and use the Game Content, User Content and EVE User Content (each as defined below), in order to play DUST 514. You may download and exchange Game Content, User Content and EVE User Content exclusively via a valid Account, solely to play the Game, for purposes permitted by, and in a manner consistent with, the EULA. Additionally and to the extent permitted by the System, you may make a single copy for your own purposes in playing the Game.
C. SPECIFIC RESTRICTIONS Any and all rights not expressly granted by CCP herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept any information accessible through the System for any purpose other than playing DUST 514 in accordance with the EULA. You may not access the System or upload, download or use information accessible through the System, other than as permitted by the EULA.
You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any documentation accompanying the Software. You may not transfer the Software except as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Game Content, User Content or EVE User Content, or any item, object or character in your Account, except that you may modify certain Game Content and User Content solely for your own purposes in playing the Game, but only to the extent permitted by the System.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software, or from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or anything incorporated therein, or analyse, decipher, "sniff" or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Software and/or the System contain license management technology, you may not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
D. SOFTWARE UPDATES CCP may from time to time update or otherwise modify the Software electronically, or require you to install updates, patches or fixes to the Software (“Updates”). You must install such Updates before you will be allowed to proceed to play the Game or access the System. If you fail to install the new release when required, CCP shall not be responsible in any way for your inability to access the System or play DUST 514, and you shall not be entitled to receive a refund of any prepaid Fees or any other form of compensation. You hereby grant CCP permission to: (i) extract hardware system profile data from your hardware; (ii) extract information from your computer's file directories pertaining to the Game and your ability to access the System; and (iii) download to your hardware any content, Game files and any data related to the operation of the Game. The foregoing applies to any hardware from which you log into the System using your Account.
E. NEW RELEASES OF THE SOFTWARE You are not entitled to receive any new releases of the Software, or any expansion packs, updates, upgrades or similar products under the EULA, but CCP may, in its sole discretion, offer any or all of the foregoing to you. CCP may provide new releases or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Periodically, CCP will require all users to migrate to new releases of the Software in order to continue accessing the System and playing DUST 514. You will be informed when a new release is available when logging in and must install the new release before you will be allowed to play the Game or access the System. If you fail to install the new release when required, CCP shall not be responsible in any way for your inability to access the System or play DUST 514, and you shall not be entitled to receive a refund of any prepaid Fees or any other form of compensation.
F. DOWNTIME While CCP attempts to have the System available at most times, CCP does not guarantee that the System will always be available. The System may be suspended or interrupted from time to time or indefinitely, in CCP’s sole discretion, for such items as maintenance, repair, installation of Updates, or installation of new releases. Your license does not entitle you to a refund for periods the System may be unavailable.
A. OWNERSHIP OF SOFTWARE, SYSTEM AND GAME As between you and CCP, CCP is the sole and exclusive owner of the Software, System, Game and Game Content (as defined below). The Software, System, Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. CCP reserves all rights not expressly stated herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, currency, objects and attributes comprising or associated with a character or an Account), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the System (collectively, the "Game Content"). CCP, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Software, System, Game and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
B. RIGHTS TO CERTAIN CONTENT You have no interest in the value of your time spent playing the Game, e.g., by the building up of the experience level of your character and the items your character accumulates during your time playing the Game. Your Account, and all attributes of your Account, including without limitation all corporations, actions, groups, titles and characters, and all objects, currency and items acquired, developed or delivered by or to characters as a result of play through your Accounts, are the sole and exclusive property of CCP, including any and all copyrights and other intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
Without limiting its rights in any way, and subject to the other terms of the EULA, CCP shall have the right to display and publish any information (except certain User Personal Details in your Account) relating to any character in your Account, for example, in charts, lists and other compilations, without notice or any compensation to you whatsoever.
You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to CCP any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to the System or while playing the Game, including without limitation all files, data and information comprising or manifesting corporations, groups, titles, characters and other attributes of your Account, together with all objects and items acquired or developed by, or delivered by or to characters, in your Account. To the extent that any such rights are not assignable, you hereby grant CCP an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed.
C. USER CONTENT The System may allow you to communicate information, such as by posting messages in chat rooms, on bulletin boards, via voice chat, and other user-to-user areas (collectively, "User Content"). User Content may also be in response to “EVE User Content”, which consists of communications made to users of the Game by users of EVE.
User Content that you cause to be communicated to the System may not (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be discriminatory, defamatory, indecent, obscene, pornographic or harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets or personal information.
CCP may take any action it deems appropriate regarding any User Content, if CCP believes, in its sole discretion, that such User Content violates the EULA, or that such User Content may (i) expose CCP or its licensors and/or suppliers to liability, (ii) damage CCP's relationships with any of its respective suppliers, licensors, internet service providers or other users of DUST 514, or (iii) harm anyone or harm CCP's reputation or goodwill.
You hereby grant CCP an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of your User Content, in any medium now known or hereafter developed.
Violation of CCP's proprietary rights is a material breach of the EULA, in the event of which CCP may suspend your Account, terminate the EULA and take whatever additional action CCP deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of CCP's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
The Software, System, Game, all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the System and playing the Game.
CCP disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. CCP does not warrant that the operation of the System or your access to the System, or that your use of the Software will be uninterrupted or error-free, or that the System or Software will be compatible with your hardware and software. In the event of a malfunction of, or your inability to use, the Software you have downloaded, your sole and exclusive remedy shall be a replacement download, and CCP shall have no liability for the faulty download.
While CCP attempts to have the System available at most times, CCP does not guarantee that the System will always be available, or that the System will not become unavailable during Game play. The System may become unavailable for a number of reasons, e.g., during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures. You shall have no right to bring any claim, demand, action or proceeding against CCP in respect of the same.
In no event shall CCP, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with your Account, the System, Software, Game, Game Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 11 or elsewhere in the EULA are declared to be void or unenforceable, then CCP's liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
You shall defend, indemnify and hold harmless CCP and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Game.
AMENDMENTS TO EULA
CCP may, in its sole discretion, amend the EULA from time to time by posting an amended version at http://www.dust514.com/eula/ and/or notifying you when you attempt to log in to the System. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the "ACCEPT" and/or "CONFIRM" buttons. You must accept the EULA in order to continue to access the System or play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 5, Termination.
GOVERNING LAW AND JURISDICTION
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of England and Wales. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software, System, Game, Game Content, User Content and/or the rights and obligations of the parties hereto, shall be the English courts. Notwithstanding the foregoing, CCP shall be entitled to issue legal proceedings against you in any other competent jurisdiction. Where permitted, you hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the English courts. However, CCP shall be entitled to seek injunctive relief in any jurisdiction in which this EULA is being breached or CCP’s interests are being prejudiced.
The EULA will be published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA will be the governing agreement and shall control all interpretation thereof.
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
All notices to CCP required or permitted by the EULA shall be by electronic mail at email@example.com, unless stated otherwise in the EULA.