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- SMITE® End User License Agreement
- Last updated on October 21, 2016.
- 1. TERMS OF AGREEMENT.
- IMPORTANT LEGAL NOTICE!
- PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND
- CONDITIONS. THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") IS BETWEEN YOU AS
- THE END USER ("YOU" OR "YOUR") AND HI-REZ STUDIOS, INC. ("HI-REZ," "WE," "US," OR "OUR").
- IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT,
- YOU MUST NOT PROCEED ANY FURTHER AND EXIT THE SOFTWARE PRODUCT IMMEDIATELY.
- BY PROCEEDING PASS THIS SCREEN, OR BY INSTALLING, COPYING, OR OTHERWISE USING
- THE SOFTWARE PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS
- OF THIS AGREEMENT, AND REPRESENT AND WARRANT TO HI-REZ THAT YOU HAVE READ THIS
- AGREEMENT, UNDERSTAND IT, AND THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE (EVEN
- IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS
- AT LEAST THIRTEEN YEARS OF AGE).
- IF YOU PURCHASED THIS GAME OR OTHER DIGITAL CONTENT FROM A THIRD PARTY RETAILER
- OR DISTRIBUTOR, REFUNDS FOR THE SOFTWARE PRODUCT ARE GOVERNED BY THAT
- RETAILER’S OR DISTRUBTOR'S REFUND POLICY. IF YOU PURCHASED THE SOFTWARE
- PRODUCT DIRECTLY FROM HI-REZ AND NOT FROM A RETAILER OR DISTRIBUTOR, AND YOU
- REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY CALENDAR DAYS AFTER YOUR
- PURCHASE, YOU MAY BE ELIGIBLE FOR A REFUND IN ACCORDANCE WITH HI-REZ’S REFUND
- POLICY LOCATED AT <http://www.hirezstudios.com/legal>. PLEASE NOTE THAT ONCE YOU AGREE
- TO THE TERMS OF THIS AGREEMENT, CREATE AN ACCOUNT WITH HI-REZ, OR ACTIVATE THE
- SOFTWARE PRODUCT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
- THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED, OR MODIFIED AT ANY
- TIME BY HI-REZ IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, WHEN HI-REZ
- UPDATES OR UPGRADES THE SOFTWARE PRODUCT, EFFECTIVE UPON PRIOR NOTICE AS
- FOLLOWS: Hi-Rez will post the revised version of this Agreement on the legal page of the official Hi-Rez
- website located at <http://www.hirezstudios.com/legal> and may provide such other notice as Hi-Rez may
- elect in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you
- to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with
- Section 9 below. Your installation and use of any of Hi-Rez’s updates, upgrades, or modifications to the
- Software Product or your continued use of the Software Product following notice of changes to this
- Agreement shall conclusively demonstrate your acceptance of such changes. Hi-Rez may change,
- modify, suspend, or discontinue any aspect of the Software Product at any time. Hi-Rez may also impose
- limits on certain features or restrict your access to parts or all of the Software Product without notice or
- liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software
- Product.
- 2. SCOPE OF AGREEMENT.
- This Agreement is a legal contract between you and Hi-Rez for the game accompanying this Agreement,
- which includes the interactive entertainment software product entitled "SMITE" in object code format only,
- and the associated media, Documentation, and Updates, if any, provided by Hi-Rez to you and for which
- you are granted a license pursuant to this Agreement (collectively, the "Software Product"). As used in
- this Agreement, "Documentation" shall mean the Online Terms of Service and Use Agreement (the
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- October 21, 2016
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- "Terms of Use") and the Online Privacy Policy (the "Privacy Policy"), both of which are available from the
- legal page of the official Hi-Rez website located at <http://www.hirezstudios.com/legal>, as well as any
- User Manual(s) that Hi-Rez makes generally available to licensees of SMITE. As used in this Agreement,
- "Updates" shall mean any and all patches, modifications, updates, and upgrades with respect to the
- Software Product that Hi-Rez makes generally available to licensees of SMITE. The Software Product
- may only be played by obtaining from Hi-Rez access to the SMITE game service (the "Service"), which
- can be done by visiting <http://www.smitegame.com> (the "Site") or through an authorized distribution
- channel otherwise provided by a third party and approved by Hi-Rez (e.g., Valve Corporation, Sony
- Computer Entertainment), either of which is subject to a separate the Terms of Use and will require you to
- setup an account with Hi-Rez as well as Hi-Rez’s third party payment provider(s). The Terms of Use are
- incorporated into this Agreement by reference. You may access the current version of the Terms of Use
- at <http://www.hirezstudios.com/legal>. The Terms of Use are subject to change by Hi-Rez with or
- without notice. The Software Product and any and all copies and derivative works of the Software Product
- are the proprietary and copyrighted work of Hi-Rez Studios, Inc. Any use, reproduction, modification, or
- distribution of the Software Product not expressly authorized by the terms of this Agreement is expressly
- prohibited. All rights in and to the Software Product not granted herein are hereby expressly reserved by
- Hi-Rez. Any permitted user-generated content based on or included in the Software Product constitutes a
- derivative work of the Software Product and Hi-Rez retains all right, title, and interest therein.
- 3. LIMITED USE LICENSE.
- By accepting this Agreement (via the appropriate affirmation button on your platform), and subject to the
- terms and conditions of this Agreement, you may install the applicable software comprising of the
- Software Product (the "Game Software") onto your computer or applicable hardware device, solely for
- purposes of playing the Software Product by registering for and accessing an account with the Service at
- the Site (the "Account"). Subject to your agreement to and full ongoing compliance with the terms and
- conditions of this Agreement, Hi-Rez hereby grants to you a limited, non-exclusive, non-transferable
- license to (a) install one copy of the Game Software on one or more computers and/or applicable
- hardware devices owned by you or under your legitimate control, and (b) use the Game Software in
- conjunction with the Service solely for your lawful and non-commercial entertainment purposes. You may
- install the Game Software on multiple computers and/or applicable hardware devices owned by you or
- under your legitimate control, but you may only play the Software Product on one computer or one
- applicable hardware device at any single point in time. All use of the Game Software is subject to the
- terms and conditions of this Agreement and the Terms of Use, both of which you must accept before you
- can use your Account to play the Software Product. You agree that Hi-Rez is not transferring title to the
- Software Product to you and that this license shall not be considered a “sale” of the Software Product.
- 4. LICENSE RESTRICTIONS AND LIMITATIONS.
- The limited, personal use license granted to you in Section 3 is subject to the following restrictions and
- limitations, as well as all other terms and conditions of this Agreement (collectively, the "License
- Limitations"). You agree that you will not, under any circumstances:
- a. sell, sublicense, assign, rent, lease, or otherwise transfer the Software Product,
- except as expressly permitted by this Agreement;
- b. reverse engineer, decompile, disassemble, or otherwise derive source code from the
- Software Product or reduce the Software Product to a human-readable form, except to the extent that
- such actions are expressly permitted by applicable law;
- c. copy, photocopy, or reproduce the Software Product, in whole or in part; provided,
- however, that you may make one (1) copy of the Game Software and the User Manual for archival
- purposes only;
- d. modify, translate, or create derivative works based on or utilizing the Software
- Product, Service, or Software Product experience, or any portion thereof;
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- e. remove or tamper with any copyright, trademark, or other proprietary notices
- contained in or relating to the Software Product, Service, or Game experience, or any portion thereof;
- f. use cheats, automation software (bots), hacks, mods, or any other unauthorized
- third-party software, tools, or content designed to or capable of modifying the Software Product, the
- Service, the Site, the SMITE experience, or any portion thereof;
- g. exploit the Software Product, the Service, the SMITE experience, or any portion
- thereof for any commercial purpose, including, without limitation, (i) use at a cyber cafe, PC bang,
- computer gaming center, or any other location-based site without the express written consent of Hi-Rez;
- (ii) for gathering in-game currency, items, or resources for sale outside the Software Product or inside the
- Software Product but outside a virtual marketplace owned and maintained by Hi-Rez; or (iii) performing
- in-game services in exchange for payment outside the Software Product (e.g., power-leveling and similar
- activities);
- h. use any unauthorized third-party software that intercepts, "mines," or otherwise
- collects information from, within, or through the Software Product or Service, including, without limitation,
- any software that reads areas of RAM used by the Software Product to store information about a
- character, in-game items, or the Software Product environment; provided, however, that Hi-Rez may, in
- its sole discretion, allow the use of specified third party user interfaces and/or permit certain "data-mining"
- activities on a case-by-case basis;
- i. modify, or allow or cause to be modified, any files that are a part of the Game
- Software in any way not expressly authorized by Hi-Rez in writing in each instance;
- j. host, provide, or develop matchmaking services for the Software Product or Service
- or intercept, emulate, or redirect the communication protocols used by Hi-Rez in any way, for any
- purpose, including, without limitation, unauthorized play over the Internet, network play, or as part of
- content aggregation networks;
- k. facilitate, create, or maintain any unauthorized connection to the Software Product or
- Service, including, without limitation, (i) any connection to any unauthorized server that emulates, or
- attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved
- by Hi-Rez in writing in each instance;
- l. create any other software or content that incorporates the Software Product or
- Service, or any portion thereof; or
- m. sell, grant a security interest in, or transfer reproductions of the Software Product to
- other parties in any way not expressly authorized herein, or rent, lease, or license the Software Product to
- others.
- 5. TERMS OF USE.
- You must accept the Terms of Use and create an Account in order to access the Service and play the
- Software Product. The Terms of Use governs all aspects of gameplay. You may view the current Terms
- of Use here: <http://www.hirezstudios.com/legal>.
- 6. INTELLECTUAL PROPERTY RIGHTS.
- a. The Software Product is protected by copyright laws and international copyright
- treaties, conventions, and other applicable law. As between you and Hi-Rez, Hi-Rez shall exclusively
- retain all right, title, and interest in and to the Software Product, the Service, the Site, your Account, and
- any and all modifications and improvements thereto and copies and derivative works thereof, including,
- without limitation, any Software Product content, Updates, and Documentation provided to you. The
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- Software Product 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 Agreement. You will not obtain any ownership
- rights whatsoever in your Account, the Software Product, the Service, the Site, your Account or game
- content, Updates, or Documentation.
- b. SMITE®, Battleground of the Gods™, and certain related names and logos are the
- registered trademarks or trademarks, service marks, and/or trade names of Hi-Rez. These and all other
- trademarks, service marks, and trade names used by or in connection with the Software Product (the
- “Marks”) are proprietary rights owned by Hi-Rez or its licensors.
- c. As between you and Hi-Rez, you acknowledge Hi-Rez’s exclusive rights in and to the
- Software Product and that the Software Product is unique and original to Hi-Rez and that Hi-Rez is the
- exclusive owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the
- effective term of this Agreement, dispute or contest, directly or indirectly, Hi-Rez’s exclusive right, title,
- and interest in and to the Software Product or the validity thereof. You agree to promptly assign to Hi-Rez
- any and all rights that you may obtain in or to the Software Product arising under applicable law and you
- hereby appoint Hi-Rez as your attorney in fact for such purpose.
- d. You may permanently transfer all of your rights and obligations under this Agreement
- to another person only by (i) where applicable, physically transferring the original media (e.g., the CDROM
- or DVD you purchased), all original packaging, and all User Manual(s) and Documentation
- distributed with the Software Product, or (ii) contacting Hi-Rez and obtaining written approval for the
- transfer; provided in both instances, however, that you permanently delete all copies and installations of
- the Software Product in your possession or control, and that the recipient agrees to and accepts the
- terms of this Agreement. However, your Account with Hi-Rez is not transferable. The transferor (i.e., you),
- and not Hi-Rez, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings,
- assessments, and the like, together with any interest, penalties, and additions imposed in connection with
- such transfer.
- 7. PRE-LOADED SOFTWARE.
- The media on or method by which the Game Software is distributed may contain additional software
- and/or content for which you do not have a license (the "Locked Software"), and you agree that Hi-Rez
- may install the Locked Software onto your computer or applicable hardware device during the Game
- Software installation process. You also agree that you will not access, use, distribute, copy, or display the
- Locked Software, unless and until you receive from Hi-Rez (a) a license to use that Locked Software; and
- (b) if and where applicable, a valid alphanumeric key with which to unlock it. If you receive a license
- and/or a key from Hi-Rez, you may only unlock those portions of a single copy of the Locked Software for
- which you received a license, and the License Limitation set forth in Section 4 shall apply. The terms of
- any End User License Agreement displayed after the Locked Software is unlocked will replace and
- supersede this Agreement, but only with regard to the Locked Software for which you receive a license.
- Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for
- archival purposes only.
- 8. CONSENT TO MONITOR.
- WHEN RUNNING, HI-REZ MAY MONITOR YOUR USE AND PLAY OF THE SOFTWARE PRODUCT
- AND COLLECT DATA REGARDING YOUR USE AND PLAY OF THE SOFTWARE PRODUCT IN
- ACCORDANCE WITH HI-REZ’S PRIVACY POLICY, A CURRENT COPY OF WHICH MAY BE
- ACCESSED AT <http://www.hirezstudios.com/legal>. IN ADDITION, THE SOFTWARE PRODUCT AND
- ANY RELATED HI-REZ SERVICES MAY MONITOR EACH OF YOUR HARDWARE DEVICE'S
- RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING
- CONCURRENTLY WITH THE SOFTWARE PRODUCT. AN “UNAUTHORIZED THIRD PARTY
- PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE
- PROHIBITED BY SECTION 4. IN THE EVENT THAT THE SOFTWARE PRODUCT AND/OR ANY
- RELATED HI-REZ SERVICES DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE
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- SOFTWARE PRODUCT OR APPLICABLE HI-REZ SERVICES MAY COMMUNICATE INFORMATION
- BACK TO HI-REZ, INCLUDING, WITHOUT LIMITATION, YOUR ACCOUNT NAME, DETAILS ABOUT
- THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, THE TIME AND DATE, AND ANY
- OTHER RELEVANT INFORMATION; AND HI-REZ MAY EXERCISE ANY OR ALL OF ITS RIGHTS
- UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO YOU, INCLUDING, WITHOUT
- LIMITATION, TERMINATION OF THIS AGREEMENT AND YOUR RIGHT TO CONTINUE TO USE THE
- SOFTWARE PRODUCT.
- 9. TERMINATION.
- This Agreement is effective until terminated. You may terminate this Agreement at any time by (a)
- permanently destroying all copies of the Software Product in your possession or control; (b) removing the
- Game Software completely from each computer or applicable hardware device on which you have
- installed the Software Product; and (c) notifying Hi-Rez of your intention to terminate this Agreement. HiRez
- may terminate this Agreement at any time for any reason or no reason, with or without notice. Upon
- termination for any reason, all licenses granted to you in this Agreement shall immediately terminate and
- you must immediately and permanently destroy all copies of the Software Product in your possession and
- control and remove the Game Software completely from each computer or applicable hardware device on
- which you have installed the Software Product.
- 10. EXPORT CONTROLS.
- The Software Product may not be re-exported, downloaded, or otherwise exported into (or to a national or
- resident of) any country to which the United States has embargoed goods, or to anyone on the United
- States Treasury Department’s list of Specially Designated Nationals or the United States Commerce
- Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the
- control of, or a national or resident of any such country or on any such list.
- 11. PATCHES AND UPDATES.
- Hi-Rez, or its third party vendors, may deploy or provide patches, updates, and modifications to the
- Software Product that must be installed for you to continue to play the Software Product. Hi-Rez, or its
- third party vendors, may update the Software Product remotely, including, without limitation, the Game
- Software residing on the user’s machine, without the knowledge of the user, and you hereby grant to HiRez
- your consent to deploy and apply such patches, updates, and modifications.
- 12. DURATION OF THE “ONLINE” COMPONENT OF THE GAME.
- The Software Product is an "online" game that must be played over the Internet through the Service as
- provided by Hi-Rez. You understand and agree that the Service is provided by Hi-Rez at its discretion
- and may be terminated or otherwise discontinued by Hi-Rez pursuant to the Terms of Use.
- 13. LIMITED WARRANTY.
- THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
- IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION,
- UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- The entire risk arising out of use or performance of the Software Product and Service
- (including, without limitation, the Game Software, the Manual(s), and Documentation) remains with the
- user. However, Hi-Rez warrants that the media containing the Software Product, if applicable, will be free
- of defects in material and workmanship for a period of thirty (30) calendar days from the date of your
- purchase of the software product. In the event that such media proves to be defective during such thirty
- (30) calendar day period, and upon presentation to Hi-Rez, or the retailer from whom you purchased the
- software product, of proof of your purchase, Hi-Rez, or the retailer will, at its sole option, (a) correct the
- defect in material and workmanship in the media containing the Software Product, (b) provide you with a
- similar product of similar value, or (c) refund the money you paid for the Software Product. THE
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- FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET
- FORTH ABOVE. EXCEPT FOR THE FOREGOING WARRANTY WITH RESPECT TO DEFECTIVE
- MEDIA, THE SOFTWARE PRODUCT (INCLUDING, WITHOUT LIMITATION, THE GAME SOFTWARE,
- THE MANUAL, AND ALL DOCUMENTATION AND CONTENT) IS PROVIDED “AS IS” WITHOUT
- WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
- ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Some states do not
- allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
- 14. LIMITATION OF LIABILITY; INDEMNITY.
- NEITHER HI-REZ NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS
- SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE
- SOFTWARE PRODUCT OR ANY USE OF THE SOFTWARE PRODUCT OR SERVICE, INCLUDING,
- WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
- FAILURE OR MALFUNCTION, APPLICABLE HARDWARE DEVICE FAILURE OR MALFUNCTION, OR
- ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER HI-REZ NOR ITS PARENT,
- SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY
- LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., EQUIPMENT, WEAPONS,
- SKINS, AUDIO PACKS, AESTHETIC FLAIR, ETC.), OR CURRENCY, ACCOUNTS, STATISTICS, OR
- USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SOFTWARE PRODUCT
- OR THE SERVICE. HI-REZ SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF
- SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE
- FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF
- SERVICE. IN NO EVENT WILL HI-REZ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
- SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL HIREZ’S
- LIABILITY, OR THE LIABILITY OF ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR
- VENDORS, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
- EXCEED IN THE AGGREGATE THE TOTAL FEES PAID BY YOU TO HI-REZ DURING THE SIX (6)
- MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. You hereby agree to
- defend, indemnify, and hold Hi-Rez and its parent, subsidiaries, affiliates, and vendors harmless from and
- against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees)
- incurred by Hi-Rez arising out of or related to your use of the Software Product or Service. Some states
- do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations
- may not apply to you.
- 15. EQUITABLE REMEDIES.
- You hereby agree that Hi-Rez would be irreparably damaged if the terms of this Agreement were not
- specifically enforced, and therefore you agree that Hi-Rez shall be entitled, without bond or other security
- or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect
- to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as
- Hi-Rez may otherwise have available under applicable law. In the event any litigation is brought by either
- party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover
- from the other party all the costs, attorneys’ fees, and other expenses incurred by such prevailing party in
- the litigation.
- 16. GOVERNING LAW; DISPUTE RESOLUTION.
- a. To expedite resolution and control the cost of any dispute, controversy, or claim
- related to this Agreement ("Dispute"), you and Hi-Rez agree to first attempt to negotiate any Dispute
- (except those Disputes expressly provided below) informally for at least thirty (30) calendar days before
- initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice
- from one party to the other. Hi-Rez will send its notice to your billing address and email you a copy to the
- email address you have provided to Hi-Rez. You will send your notice to Hi-Rez Studios, Inc., 3750
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- Brookside Parkway, Suite 200, Alpharetta, Georgia 30022, Attention: Legal Department, or to such other
- address or person as Hi-Rez may hereafter direct.
- b. If you and Hi-Rez are unable to resolve a Dispute through informal negotiations,
- either you or Hi-Rez 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 Commercial Arbitration Rules of the American Arbitration Association ("AAA') and,
- where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA
- Consumer Rules"), both of which are available at the AAA website <www.adr.org>. The determination of
- whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and
- determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator
- compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer
- Rules. 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 Agreement, you and Hi-Rez 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.
- c. You and Hi-Rez agree that any arbitration shall be limited to the Dispute between HiRez
- and you individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any
- other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
- class action procedures; and (iii) 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. You and Hi-Rez agree that the following Disputes are not subject to the above
- provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or
- protect, or concerning the validity of, any of your or Hi-Rez’s intellectual property rights; (ii) any Dispute
- related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii)
- any claim for injunctive relief.
- e. Any arbitration shall be initiated in the County of Fulton, State of Georgia, United
- States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small
- claims court), or where no election to arbitrate has been made, shall be decided by a court of competent
- jurisdiction within the County of Fulton, State of Georgia, United States of America, and you and Hi-Rez
- agree to submit to the personal jurisdiction of that court.
- f. Except as otherwise set forth herein, this Agreement shall be governed by, and will
- be construed under, the Laws of the United States of America and the laws of the State of Georgia,
- without regard to choice of law principles. The application of the United Nations Convention on Contracts
- for the International Sale of Goods is expressly excluded. For customers who purchased a license to the
- Software Product in, and are a resident of, Canada, Australia, Singapore, or New Zealand, other laws
- may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws
- shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement
- shall be interpreted to give maximum effect to the terms and conditions hereof. If you purchased your
- license to the Software Product in New Zealand, and are a resident of New Zealand, The New Zealand
- Consumer Guarantees Act of 1993 ("New Zealand Act") may apply to the Software Product and/or the
- Service as supplied by Hi-Rez to you. If the New Zealand Act applies, then notwithstanding any other
- provision in this Agreement, you may have rights or remedies as set out in the New Zealand Act which
- may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set
- out in this Agreement. Those who choose to access the Service from locations outside of the United
- States, Canada, Australia, Singapore, or New Zealand do so on their own initiative and are responsible
- for compliance with local laws if and to the extent local laws are applicable.
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- g. You and Hi-Rez agree that if any portion of this Section 16 is found illegal or
- unenforceable (except any portion of Section 16(d)) that portion shall be severed and the remainder of
- the applicable section(s) shall be given full force and effect. If Section 16(d) is found to be illegal or
- unenforceable then neither you nor Hi-Rez will elect to arbitrate any Dispute falling within that portion of
- Section 16(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of
- competent jurisdiction within the County of Fulton, State of Georgia, United States of America, and you
- and Hi-Rez agree to submit to the personal jurisdiction of that court.
- 17. MISCELLANEOUS.
- This 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 Use. To the extent that the
- provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in
- the Terms of Use shall govern. The provisions of Sections 4, 6, 8, 10 and 13 through 18 shall survive the
- termination of this Agreement for any reason. Subject to Section 16(g), 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.
- 18. PLAYSTATION 4 ONLY.
- a. If you reside in North America or South America, 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 Interactive Entertainment America.
- b. If you reside in Europe, any content purchased in an in-game store will be purchased
- from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™
- 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.
- I hereby acknowledge that I have read and understand the foregoing End User License Agreement and
- agree that by proceeding past this screen, or installing the Software Product, I am acknowledging my
- agreement to be bound by the terms and conditions of this Agreement.
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