16 | BATTLEBORN 17 | BATTLEBORN
was or is intentionally incorrect.
USING VIRTUAL CURRENCY AND VIRTUAL GOODS:
All purchased in-game Virtual Currency and/or
Virtual Goods may be consumed or lost by players
in the course of gameplay according to the game’s
rules applicable to currency and goods, which
may vary depending on the associated Software.
VC and VG may only be used within the Software,
and Licensor, in its sole discretion, may limit use
of VC and/or VG to a single game. The authorized
uses and purposes of VC and VG may change at
any time. Your available VC and/or VG as shown in
your User Account will be reduced each time you
use VC and/or VG within the Software. The use of
any VC and/or VG constitutes a demand against
and withdrawal from your available VC and/or VG
in your User Account. You must have sufficient
available VC and/or VG in your User Account
in order to complete a transaction within the
Software. VC and/or VG in your User Account may
be reduced without notice upon the occurrence of
certain events related to your use of the Software:
For example, you may lose VC or VG upon the loss
of a game or the death of your character. You are
responsible for all uses of VC and/or VG made
through your User Account, regardless of whether
or not authorized by you. You must notify Licensor
immediately upon discovering the unauthorized
use of any VC and/or VG made through your User
Account by submitting a support request at www.
take2games.com/support.
NON-REDEEMABLE: VC and VG may only be
redeemed for in-game goods and services. You
may not sell, lease, license, or rent VC or VG,
convert them into convertible VC. VC and VG may
only be redeemed for in-game goods or services
and are not redeemable for any sum of money or
monetary value or other goods from Licensor or
any other person or entity at any time, except as
expressly provided herein or otherwise required
by applicable law. VC and VG have no cash value,
and neither Licensor nor any other person or entity
has any obligation to exchange your VC or VG for
anything of value, including, but not limited to, real
currency.
NO REFUND: All purchases of VC and VG are final
and under no circumstances will such purchases
be refundable, transferable, or exchangeable.
Except as prohibited by applicable law, Licensor
has the absolute right to manage, regulate, control,
modify, suspend, and/or eliminate such VC and/or
VG as it sees fit in its sole discretion, and Licensor
shall have no liability to you or anyone else for the
exercise of such rights.
NO TRANSFERS: Any transferring, trading,
selling, or exchanging of any VC or VG to anyone,
other than in game play using the Software as
expressly authorized by Licensor (“Unauthorized
Transactions”), including, but not limited to, among
other users of the Software, is not sanctioned by
Licensor and is strictly forbidden. Licensor reserves
the right, in its sole discretion, to terminate,
suspend, or modify your User Account and your
VC and VG and terminate this Agreement if you
engage in, assist in, or request any Unauthorized
Transactions. All users who participate in such
activities do so at their own risk and hereby agree to
indemnify and hold harmless Licensor, its partners,
licensors, affiliates, contractors, officers, directors,
employees, and agents from all damages, losses
and expenses arising directly or indirectly from
such actions. You acknowledge that Licensor may
request that the applicable Application Store stop,
suspend, terminate, discontinue, or reverse any
Unauthorized Transaction, regardless of when
such Unauthorized Transaction occurred (or has
yet to occur) when it suspects or has evidence of
fraud, violations of this Agreement, violations of
any applicable law or regulation, or any intentional
act designed to interfere or that otherwise has the
effect of or may have the effect of intervening in
any way with the operation of the Software. If we
believe or have any reason to suspect that you
have engaged in an Unauthorized Transaction,
you further agree that Licensor may, in its sole
discretion, restrict your access to your available
VC and VG in your User Account or terminate or
suspend your User Account and your rights to
any VC, VG, and other items associated with your
User Account.
LOCATION: VC is only available to customers in
certain locations. You may not purchase or use VC
if you are not in an approved location.
SOFTWARE STORE TERMS
This Agreement and the provision of the Software
through any Software Store (including the purchase
of VC or VG) is subject to the additional terms and
conditions set forth on or in or required by the
applicable Software Store and all such applicable
terms and conditions are incorporated herein
by this reference. Licensor is not responsible or
liable to you for any credit card or bank-related
charges or other charges or fees related to your
purchase transactions within the Software or
through a Software Store. All such transactions
are administered by the Software Store, not
Licensor. Licensor expressly disclaims any liability
for any such transactions, and you agree that your
sole remedy regarding all transactions is from or
through such Software Store. This Agreement is
solely between you and Licensor, and not with any
Software Store. You acknowledge that the Software
Store has no obligation to furnish any maintenance
or support services to you in connection with
the Software. Except for the foregoing, to the
maximum extent permitted by applicable law,
the Software Store will have no other warranty
obligation whatsoever with respect to the Software.
Any claim in connection with the Software
related to product liability, a failure to conform to
applicable legal or regulatory requirements, claims
under consumer protection or similar legislation
or intellectual property infringement are governed
by this Agreement, and the Software Store is not
responsible for such claims. You must comply
with the Software Store Terms of Service and any
other Software Store applicable rules or policies.
The license to the Software is a non-transferable
license to use the Software only on an applicable
device that you own or control. You represent
that you are not located in any U.S.-embargoed
countries or other geographical areas or on the U.S.
Treasury Department’s list of Specially Designated
Nationals or the U.S. Department of Commerce
Denied Person’s list or Entity List. The Software
Store is a third-party beneficiary to this Agreement
and may enforce this Agreement against you.
INFORMATION COLLECTION & USAGE
By installing and using the Software, you consent
to the information collection and usage terms set
forth in this section and Licensor’s Privacy Policy,
including (where applicable) (i) the transfer of
any personal information and other information
to Licensor, its affiliates, vendors, and business
partners, and to certain other third parties, such
as governmental authorities, in the U.S. and other
countries located outside Europe or your home
country, including countries that may have lower
standards of privacy protection; (ii) the public
display of your data, such as identification of your
user-created content or displaying your scores,
ranking, achievements, and other gameplay data
on websites and other platforms; (iii) the sharing of
your gameplay data with hardware manufacturers,
platform hosts, and Licensor’s marketing partners;
and (iv) other uses and disclosures of your personal
information or other information as specified in the
above-referenced Privacy Policy, as amended from
time to time. If you do not want your information
used or shared in this manner, then you should not
use the Software. For the purposes all data privacy
issues, including the collection, use, disclosure,
and transfer of your personal information and other
information, the Privacy Policy located at www.
take2games.com/privacy, as amended from time
to time, takes precedence over any other statement
in this Agreement.
WARRANTY
LIMITED WARRANTY: Licensor warrants to you
(if you are the initial and original purchaser of the
Software but not if you obtain the pre-recorded
Software and accompanying documentation as
a transfer from the original purchaser) that the
original storage medium holding the Software is
free from defects in material and workmanship
under normal use and service for 90 days from the
date of purchase. Licensor warrants to you that the
Software is compatible with a personal computer
meeting the minimum system requirements
listed in the Software documentation or that it
has been certified by the gaming unit producer
as compatible with the gaming unit for which it
has been published. However, due to variations
in hardware, software, internet connections, and
individual usage, Licensor does not warrant the
performance of the Software on your specific
computer or gaming unit. Licensor does not
warrant against interference with your enjoyment
of the Software; that the Software will meet your
requirements; that operation of the Software will
be uninterrupted or error-free; or that the Software
will be compatible with third-party software or
hardware or that any errors in the Software will
be corrected. No oral or written advice provided
by Licensor or any authorized representative shall
create a warranty. Because some jurisdictions do
not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable
statutory rights of a consumer, some or all of the
above exclusions and limitations may not apply
to you. If for any reason you find a defect in the
storage medium or Software during the warranty
period, Licensor agrees to replace, free of charge,
any Software discovered to be defective within the
warranty period as long as the Software is currently
being manufactured by Licensor. If the Software
is no longer available, Licensor retains the right
to substitute a similar piece of Software of equal
or greater value. This warranty is limited to the
storage medium and the Software as originally
provided by Licensor and is not applicable to
normal wear and tear. This warranty shall not
be applicable and shall be void if the defect has
arisen through abuse, mistreatment, or neglect.
Any implied warranties prescribed by statute are
expressly limited to the 90-day period described
above. Except as set forth above, this warranty is in
lieu of all other warranties, whether oral or written,
express or implied, including any other warranty of
merchantability, fitness for a particular purpose, or
non-infringement, and no other representations
or warranties of any kind shall be binding on
Licensor. When returning the Software subject to
the limited warranty above, please send the original
Software only to Licensor address specified below
and include: your name and return address; a
photocopy of your dated sales receipt; and a brief
note describing the defect and the system on which
you are running the Software.
INDEMNITY
You agree to indemnify, defend, and hold
Licensor, its partners, licensors, affiliates,
contractors, officers, directors, employees, and
agents harmless from all damages, losses, and
expenses arising directly or indirectly from your
acts and omissions to act in using the Software
pursuant to the terms of the Agreement.• IN NO
EVENT WILL LICENSOR BE LIABLE FOR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM POSSESSION, USE, OR
MALFUNCTION OF THE SOFTWARE, INCLUDING,
BUT NOT LIMITED TO, DAMAGES TO PROPERTY,
LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION, AND, TO THE EXTENT PERMITTED
BY LAW, DAMAGES FOR PERSONAL INJURIES,
PROPERTY DAMAGE, OR LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF
ACTION ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE SOFTWARE, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE),
CONTRACT, STRICT LIABILITY, OR OTHERWISE,
WHETHER OR NOT LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL LICENSOR’S LIABILITY FOR ALL
DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE
LAW) EXCEED THE ACTUAL PRICE PAID BY YOU
FOR USE OF THE SOFTWARE. • IN NO EVENT
SHALL LICENSOR’S AGGREGATE LIABILITY FOR
ANY AND ALL CLAIMS HEREUNDER BY YOU,
REGARDLESS OF THE FORM OF ACTION, EVER
EXCEED THE GREATER OF THE FEES PAID BY
YOU TO LICENSOR FOR THE PRECEDING TWELVE
(12) MONTH PERIOD FOR ANYTHING RELATING
TO THE SOFTWARE OR US$200, WHICHEVER
IS GREATER. • BECAUSE SOME STATES/
COUNTRIES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS
AND/OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, DEATH, OR PERSONAL INJURY
RESULTING FROM NEGLIGENCE, FRAUD, OR
WILLFUL MISCONDUCT, THESE LIMITATIONS
AND/OR EXCLUSIONS AND ANY EXCLUSION OR
LIMITATION OTHERWISE RESULTING FROM THE
ABOVE INDEMNITY MAY NOT APPLY TO YOU. THIS
WARRANTY SHALL NOT BE APPLICABLE SOLELY
TO THE EXTENT THAT ANY SPECIFIC PROVISION
OF THIS WARRANTY IS PROHIBITED BY ANY
FEDERAL, STATE, OR MUNICIPAL LAW, WHICH
CANNOT BE PRE-EMPTED. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION. • WE DO NOT
AND CANNOT CONTROL THE FLOW OF DATA TO
OR FROM OUR NETWORK AND OTHER PORTIONS
OF THE INTERNET, WIRELESS NETWORKS, OR
OTHER THIRD-PARTY NETWORKS. SUCH FLOW
DEPENDS IN LARGE PART ON THE PERFORMANCE
OF THE INTERNET AND WIRELESS SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES.
AT TIMES, ACTIONS OR INACTIONS OF SUCH
THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR
CONNECTIONS TO THE INTERNET, WIRELESS
SERVICES, OR PORTIONS THEREOF. WE CANNOT
GUARANTEE THAT SUCH EVENTS WILL NOT
OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND
ALL LIABILITY RESULTING FROM OR RELATED
TO THIRD-PARTY ACTIONS OR INACTIONS THAT
IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE
INTERNET, WIRELESS SERVICES, OR PORTIONS
THEREOF OR THE USE OF THE SOFTWARE AND
RELATED SERVICES AND PRODUCTS.
TERMINATION
This Agreement is effective until terminated by you
or by the Licensor. This Agreement automatically
terminates when Licensor ceases to operate the
Software servers (for games exclusively operated
online), if Licensor determines or believes your
use of the Software involves or may involve fraud
or money laundering or any other illicit activity,
or upon your failure to comply with terms and
conditions of this Agreement, including, but not
limited to, the License Conditions above. You
may terminate this Agreement at any time by (i)
requesting Licensor to terminate and delete your
User Account that is used to access or use the
Software using the method set forth in the Terms of
Service or (ii) destroying and/or deleting any and all
copies of all Software in your possession, custody,
or control. Deleting the Software from your Game
Platform will not delete the information associated
with your User Account, including any VC and VG
associated with your User Account. If you reinstall
the Software using the same User Account,
then you may still have access to your prior
User Account information, including any VC and
VGassociated with your User Account. However
except as otherwise prohibited by applicable law,
if your User Account is deleted upon termination
of this Agreement for any reason, all VC and/or
VGassociated with your User Account will also be
deleted, and you will no longer be available for use
the Software or any VC or VG associated with your
User Account. If this Agreement terminates due
to your violation of this Agreement, Licensor may
prohibit you from re-registering or re-accessing the
Software. Upon any termination of this Agreement,
you must destroy or return the physical copy of
Software to Licensor, as well as permanently
destroy all copies of the Software, accompanying
documentation, associated materials, and all of
its component parts in your possession or control,
including from any client server, computer, gaming
unit, or mobile device on which it has been
installed. Upon termination of this Agreement, your
rights to use the Software, including any VC or VG
associated with your User Account, will terminate
immediately, and you must cease all use of the
Software. The termination of this Agreement will
not affect our rights or your obligations arising
under this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS. The
Software and documentation have been developed
entirely at private expense and are provided as
“Commercial Computer Software” or “restricted
computer software.” Use, duplication, or disclosure
by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth
in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clauses in DFARS