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END USER LICENCE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement
(“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and
updates and related services (the “Product”) currently provided or which will be provided by UBISOFT
ENTERTAINMENT S.A., or any one of its subsidiaries or affiliated companies, including without limitation
UBISOFT EMEA SAS, UBISOFT INC. or UBISOFT MOBILE GAMES SARL (collectively referred to as
“UBISOFT").
This EULA sets out the basis on which UBISOFT makes the Products available to you (“User” or ”You”) and
on which You may use them. UBISOFT’s Privacy Policy (« Privacy Policy ») which can be found on
http://legal.ubi.com/privacypolicy/, forms an integral part of this EULA. By installing or using the Product, You
agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree
with one of these, please do not install or use the Product.
If You have a UBISOFT Account which can be found on http://www.ubi.com (“Terms of Use”), this EULA 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.
UBISOFT reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance
with the procedures described below in Section 9.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE.
1.1 UBISOFT (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, noncommercial and personal license to install and/or use the Product (in whole or in part) and any Product (the
“License”), for such time until either You or UBISOFT terminates this EULA. You must in no event use, nor
allow others to use,the Product or this License for commercial purposes without obtaining a license to do so
from UBISOFT. Updates, upgrades, patches and modifications may be necessary in order to be able to
continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by
third-party providers for which additional terms and/or costs may apply. You must comply with such additional
terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated
wireless data service agreement when using the Product). Please review such additional terms and costs
carefully.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or
any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create
derivate works of this Product (except if the Product enable You through a specific feature to create, generate
or submit User Generated Content and for which You will need to create an Account and comply Terms of
Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer
programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online
multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter,
disable or circumvent any copyright and trademark indications or other authorship and origin information,
notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of
adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also
agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which
are not meant to be exhaustive and can be modified at any time by UBISOFT. In all cases, You may only use
the Product according to anticipated use of the Product.
For example purposes, and without limiting UBISOFT’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words,
images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property
right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular,
piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or
part of the Product, or their accessibility to other users, or the functioning of the partner networks of the
Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device
or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an
attack on UBISOFT’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with
repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of
UBISOFT, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening,
unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or
otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of
UBISOFT’s personnel;
i. falsely claim to be an employee or representative of UBISOFT or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with UBISOFT.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all
text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes,
objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts,
choreographies, videos, audio-visual effects, domain names and any other elements which are part of the
Product, individually or in combination) and any and all copies thereof are owned by UBISOFT or its
licensors. The Product is protected by national and international laws, copyright treaties and conventions and
other laws. This Product may contain certain licensed materials and, in that event, UBISOFT’s licensors may
protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these
licensed materials in any way and for any reason is prohibited without UBISOFT’s prior permission and, if
applicable, UBISOFT’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights
not granted hereunder to You are expressly reserved by UBISOFT.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights
in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT IS PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM
SOFTWARE”) AND DENUVO ANTI-TAMPER PROTECTION TECHNOLOGY (“ANTI-TAMPER
TECHNOLOGY”). YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING
REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM
SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE
NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR
COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; (IV) DURING THE
INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE
REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE AND (V) CERTAIN FILES OF
THE ANTI-TAMPER TECHNOLOGY MAY REMAIN EVEN AFTER THE PRODUCT IS UNINSTALLED
FROM YOUR COMPUTER.
IN NO EVENT SHALL UBISOFT BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE
INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE OR IN CONNECTION WITH THE ANTITAMPER TECHNOLOGY. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM
SOFTWARE OR OF THE ANTI-TAMPER TECHNOLOGY. AN INTERNET CONNECTION, A UBISOFT
CONNECT ACCOUNT AND INSTALLATION OF THE UBISOFT CONNECT CLIENT SOFTWARE
(https://ubisoftconnect.com/) AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE ARE
REQUIRED TO ACTIVATE THE GAME AFTER INSTALLATION ON ANY NEW COMPUTER,
AUTHENTICATE YOUR COMPUTER AT ANY GIVEN TIME, ACCESS ONLINE FEATURES, PLAY OR
UNLOCK EXCLUSIVE CONTENT. WHILE THERE IS NO LIMIT TO THE TOTAL NUMBER OF
COMPUTERS ON WHICH THE PRODUCT MAY BE ACTIVATED, YOU MAY ONLY ACTIVATE THE
PRODUCT ON FIVE (5) DISTINCT COMPUTERS IN A 24 HOUR PERIOD. IF YOU CIRCUMVENT THE
DRM SOFTWARE, THE PRODUCT WILL NOT BE ACCESSIBLE ANYMORE AND THE LICENSE
GRANTED PER THIS END USER LICENSE AGREEMENT WILL BE DEEMED TERMINATED FOR
MATERIAL BREACH. YOU ARE RESPONSIBLE FOR KEEPING THE SERIAL CODE OF THIS PRODUCT
AT ALL TIMES. YOU WILL NEED IT TO INSTALL THE PRODUCT ON OTHER COMPUTERS. THE SERIAL
CODE MAY ONLY BE USED FOR ONE SINGLE UBISOFT CONNECT ACCOUNT. AGE RESTRICTIONS
MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL
LAWS.
3.2 If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to You and to
Your use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to
Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones,
smartphones , tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an
electronic communication network. The connection costs (including but not limited to mobile providers’ and/or
carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the
response time or access to certain features may depend on the capacities of Your Compatible Mobile
Terminal and of the electronic communication network. UBISOFT may in no case be held responsible for
reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices
or through all carriers or network service providers.
b. Collection of personal data: In order to provide You with a better game experience, adapted services and
Product support, UBISOFT may collect and store data about You in relation to Your use of the Product, Your
connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed
and used to create user statistics. Your privacy is very important to UBISOFT and UBISOFT will not reveal
Your personal data to third parties except when expressly authorised by You to do so or in special
circumstances. UBISOFT may be under a duty to disclose or share Your personal data in order to comply
with a legal obligation, or in order to protect UBISOFT’s rights and those of other users and third parties. This
includes exchanging information with other companies and organisations for the purposes of fraud protection
and credit risk reduction. In addition, UBISOFT reserves the right to collect, store and use anonymous data
about You. For further information concerning UBISOFT’s use of Your personal data, please refer to the
Privacy Policy.
c. Analytics Tools and Ad Serving Technology. UBISOFT uses third party analytics tools to collect information
concerning Your and other users’ gaming habits and use of the Product. The information collected may
contain the following, without limitation: mobile device unique identity or other device identifiers and settings,
carrier, operating system, localization information, date and time spent on the Product, game scores, game
metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and
other similar information. UBISOFT uses third party ad serving technologies that may collect information as a
result of ad serving in the Product and that may temporarily display advertisements in the Product. The
information collected and used for the targeted advertising may contain the following, without limitation: age
and gender, number views of an advertisement, mobile device unique identity or other device identifiers and
settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites
(including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed),
advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the
advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web
beacons, cookies, tracking pixels and other technologies to collect said information and may combine the
information collected on other UBISOFT Products and services with information collected from other third
party websites and mobile products and services and with demographic, advertisement, market and other
analytics surveys. Standing alone, this information is not personal data; however, if UBISOFT combines any
of this information with personal data, UBISOFT will treat this information as personal data pursuant to our
Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving
technologies are used in our Product(s) at https://legal.ubi.com/partners/. UBISOFT makes its best efforts to
provide You with the links to our partners’ own privacy policies according to which their tools and
technologies are used and when available the link to allow You to opt-out from their services.
4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for
unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the
Product detects such an unauthorized third party program, information may be communicated back to
UBISOFT, including the name of your Account, your internet protocol (IP) address, details about the
unauthorized third party program detected, and the time and date that the unauthorized third party program
was detected, along with the hardware specifications and performance characteristics of Your hardware, with
or without additional notice to You. If the Product detects the use of an unauthorized third party program, this
License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that UBISOFT is not responsible for and does not endorse the opinions, advice and/or
recommendations displayed or sent by You in the Product, including in game chats. Such communications
are the sole responsibility of the user in question.
5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL
MEDIUM.
If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to
You:
UBISOFT warrants that the physical medium containing the Product shall be free from defects in material and
workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event
that the medium containing the Product proves to be defective during that time period, UBISOFT will, at
UBISOFT’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar
Product of equal or greater value (in the event the Product is not longer being manufactured by UBISOFT or
available in UBISOFT’s inventory), or (d) refund Your money when You present UBISOFT with written proof
of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE
EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty
replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective
packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed
or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the
hardware and system on which You are running the Program.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS
IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES,
CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS
INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS,
RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT
DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT,
UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE
FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY
RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY
KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY),
CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B)
DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F)
INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN
THE EVENT OF A DISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE,
SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A
COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES,
UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS
CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE
PRODUCT. IN NO EVENT UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU
HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL
INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT
MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF
LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
7. INDEMNITY.
You are solely responsible for any damage caused to UBISOFT, its licensors, channel partners and
associated service providers and subcontractors, other users of the product or any other individual or legal
entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS
AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS
AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES
DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY
ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION
OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. UBISOFT reserves the right to take
sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to
indemnify UBISOFT. The provisions of this Section 7 shall remain in force after termination of this EULA.
8. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until
terminated according to its terms. You and UBISOFT (or its licensors) may terminate this EULA, at any time,
for any reason. Termination by UBISOFT will be effective upon (a) notice to You or (b) termination of Your
UBISOFT Account (if any) or (c) at the time of UBISOFT’s decision to discontinue offering and/or supporting
the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions
of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all
copies of the Product in Your possession.
9. CHANGES TO THIS EULA OR TO THE PRODUCT.
UBISOFT reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to,
supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such
changes will be effective with or, as applicable, without prior notice to You. You can review the most current
version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible
for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You
or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in
accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product.
Your continued use of the Product following any revision to this EULA constitutes Your complete and
irrevocable acceptance of any and all such changes.
UBISOFT may modify the Product for any reason or without any specific reason, at any time and at its entire
discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to
improve and/or optimize the Product. You agree that the Product may install or download the modifications
automatically. You agree that UBISOFT may stop to support previous versions of the Product upon
availability of an updated version. UBISOFT’s channel partners and associated service providers shall have
no obligation to furnish any maintenance or customer support with respect to the Product. UBISOFT also
reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the
Product.
10. MISCELLANEOUS.
10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all
export and import laws and restrictions and regulations of any United States and foreign agency or authority
relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or
otherwise exported to, or installed by a national or resident of, any country to which the United States has
embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. 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.
10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this
EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be
deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be
affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if
some part of it were deleted, the provision shall apply with the minimum modification necessary to make it
legal, valid and enforceable to reflect UBISOFT’s initial intentions.
10.3 No Waiver. No failure or delay by UBISOFT (or its licensors) to exercise any right or remedy provided
under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude
or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right
or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right
or remedy may be considered to have taken place only after signing of a written statement to this effect by
UBISOFT or by the User.
10.4 Law, Jurisdiction and Dispute Resolution.
10.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in
connection with it, or its subject matter or formation (including non-contractual disputes or claims) are
governed by and construed in accordance with the laws of the United States and the State of California,
without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United
Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby
expressly excluded from any interpretation of this EULA.
10.4.2 UBISOFT’s goal is to provide you with a neutral and cost-effective means of resolving a dispute
quickly. Thus, for any claim related to this EULA where the total amount sought (i) is equal to or more than
$10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by
completing the Notice of Dispute Form accessible at https://legal.ubi.com/NoticeOfDispute/en-US . UBISOFT
may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date
of UBISOFT's offer to settle or UBISOFT's receipt of the Notice of Dispute Form (whichever is later), you may
invoke binding arbitration by filing a separate Demand for Arbitration accessible at
https://legal.ubi.com/DemandForArbitration/en-US . A party electing arbitration shall initiate it through an
established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR
provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the
option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b)
any in person arbitration will take place in the county in which the city or town you have entered as your
residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County,
California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider
may award any form of individual relief; (e) UBISOFT will pay all costs for non-frivolous claims; (f) any
judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g)
UBISOFT may not seek reimbursement of its attorney's fees in connection with such arbitration; (h) in the
event you receive an arbitration award greater than UBISOFT's last written settlement offer, UBISOFT will
pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of your attorney's
fees, (i) claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in
any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less
than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a
member of a class in a class action or similar proceeding, and you will abide by the dispute resolution
mechanism in this Section.
10.4.3 For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section
10.4.2 of this EULA, it is hereby agreed that any action at law or in equity arising under this EULA shall be
finally adjudicated or determined in any court or courts of the State of California, or of the United States of
America, in Los Angeles County, California and the parties hereto hereby submit generally and
unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such
matter and consent to service of process by any means authorized by California law.
10.4.4 All claims you bring against UBISOFT must be resolved in accordance with this Section 10. All claims
filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA.
Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs
up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified
the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
For any questions concerning this EULA, you may contact UBISOFT at the following address:
https://www.ubisoft.com/help.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
https://legal.ubi.com/ThirdPartyTextMicrosoftDirectX9/en-US
https://legal.ubi.com/ThirdPartyTextMicrosoftDotNet/en-US
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PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement
(“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and
updates and related services (the “Product”) currently provided or which will be provided by UBISOFT
ENTERTAINMENT S.A., or any one of its subsidiaries or affiliated companies, including without limitation
UBISOFT EMEA SAS, UBISOFT INC. or UBISOFT MOBILE GAMES SARL (collectively referred to as
“UBISOFT").
This EULA sets out the basis on which UBISOFT makes the Products available to you (“User” or ”You”) and
on which You may use them. UBISOFT’s Privacy Policy (« Privacy Policy ») which can be found on
http://legal.ubi.com/privacypolicy/, forms an integral part of this EULA. By installing or using the Product, You
agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree
with one of these, please do not install or use the Product.
If You have a UBISOFT Account which can be found on http://www.ubi.com (“Terms of Use”), this EULA 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.
UBISOFT reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance
with the procedures described below in Section 9.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE.
1.1 UBISOFT (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, noncommercial and personal license to install and/or use the Product (in whole or in part) and any Product (the
“License”), for such time until either You or UBISOFT terminates this EULA. You must in no event use, nor
allow others to use,the Product or this License for commercial purposes without obtaining a license to do so
from UBISOFT. Updates, upgrades, patches and modifications may be necessary in order to be able to
continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by
third-party providers for which additional terms and/or costs may apply. You must comply with such additional
terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated
wireless data service agreement when using the Product). Please review such additional terms and costs
carefully.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or
any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create
derivate works of this Product (except if the Product enable You through a specific feature to create, generate
or submit User Generated Content and for which You will need to create an Account and comply Terms of
Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer
programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online
multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter,
disable or circumvent any copyright and trademark indications or other authorship and origin information,
notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of
adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also
agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which
are not meant to be exhaustive and can be modified at any time by UBISOFT. In all cases, You may only use
the Product according to anticipated use of the Product.
For example purposes, and without limiting UBISOFT’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words,
images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property
right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular,
piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or
part of the Product, or their accessibility to other users, or the functioning of the partner networks of the
Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device
or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an
attack on UBISOFT’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with
repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of
UBISOFT, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening,
unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or
otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of
UBISOFT’s personnel;
i. falsely claim to be an employee or representative of UBISOFT or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with UBISOFT.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all
text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes,
objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts,
choreographies, videos, audio-visual effects, domain names and any other elements which are part of the
Product, individually or in combination) and any and all copies thereof are owned by UBISOFT or its
licensors. The Product is protected by national and international laws, copyright treaties and conventions and
other laws. This Product may contain certain licensed materials and, in that event, UBISOFT’s licensors may
protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these
licensed materials in any way and for any reason is prohibited without UBISOFT’s prior permission and, if
applicable, UBISOFT’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights
not granted hereunder to You are expressly reserved by UBISOFT.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights
in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT IS PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM
SOFTWARE”) AND DENUVO ANTI-TAMPER PROTECTION TECHNOLOGY (“ANTI-TAMPER
TECHNOLOGY”). YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING
REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM
SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE
NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR
COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; (IV) DURING THE
INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE
REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE AND (V) CERTAIN FILES OF
THE ANTI-TAMPER TECHNOLOGY MAY REMAIN EVEN AFTER THE PRODUCT IS UNINSTALLED
FROM YOUR COMPUTER.
IN NO EVENT SHALL UBISOFT BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE
INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE OR IN CONNECTION WITH THE ANTITAMPER TECHNOLOGY. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM
SOFTWARE OR OF THE ANTI-TAMPER TECHNOLOGY. AN INTERNET CONNECTION, A UBISOFT
CONNECT ACCOUNT AND INSTALLATION OF THE UBISOFT CONNECT CLIENT SOFTWARE
(https://ubisoftconnect.com/) AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE ARE
REQUIRED TO ACTIVATE THE GAME AFTER INSTALLATION ON ANY NEW COMPUTER,
AUTHENTICATE YOUR COMPUTER AT ANY GIVEN TIME, ACCESS ONLINE FEATURES, PLAY OR
UNLOCK EXCLUSIVE CONTENT. WHILE THERE IS NO LIMIT TO THE TOTAL NUMBER OF
COMPUTERS ON WHICH THE PRODUCT MAY BE ACTIVATED, YOU MAY ONLY ACTIVATE THE
PRODUCT ON FIVE (5) DISTINCT COMPUTERS IN A 24 HOUR PERIOD. IF YOU CIRCUMVENT THE
DRM SOFTWARE, THE PRODUCT WILL NOT BE ACCESSIBLE ANYMORE AND THE LICENSE
GRANTED PER THIS END USER LICENSE AGREEMENT WILL BE DEEMED TERMINATED FOR
MATERIAL BREACH. YOU ARE RESPONSIBLE FOR KEEPING THE SERIAL CODE OF THIS PRODUCT
AT ALL TIMES. YOU WILL NEED IT TO INSTALL THE PRODUCT ON OTHER COMPUTERS. THE SERIAL
CODE MAY ONLY BE USED FOR ONE SINGLE UBISOFT CONNECT ACCOUNT. AGE RESTRICTIONS
MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL
LAWS.
3.2 If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to You and to
Your use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to
Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones,
smartphones , tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an
electronic communication network. The connection costs (including but not limited to mobile providers’ and/or
carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the
response time or access to certain features may depend on the capacities of Your Compatible Mobile
Terminal and of the electronic communication network. UBISOFT may in no case be held responsible for
reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices
or through all carriers or network service providers.
b. Collection of personal data: In order to provide You with a better game experience, adapted services and
Product support, UBISOFT may collect and store data about You in relation to Your use of the Product, Your
connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed
and used to create user statistics. Your privacy is very important to UBISOFT and UBISOFT will not reveal
Your personal data to third parties except when expressly authorised by You to do so or in special
circumstances. UBISOFT may be under a duty to disclose or share Your personal data in order to comply
with a legal obligation, or in order to protect UBISOFT’s rights and those of other users and third parties. This
includes exchanging information with other companies and organisations for the purposes of fraud protection
and credit risk reduction. In addition, UBISOFT reserves the right to collect, store and use anonymous data
about You. For further information concerning UBISOFT’s use of Your personal data, please refer to the
Privacy Policy.
c. Analytics Tools and Ad Serving Technology. UBISOFT uses third party analytics tools to collect information
concerning Your and other users’ gaming habits and use of the Product. The information collected may
contain the following, without limitation: mobile device unique identity or other device identifiers and settings,
carrier, operating system, localization information, date and time spent on the Product, game scores, game
metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and
other similar information. UBISOFT uses third party ad serving technologies that may collect information as a
result of ad serving in the Product and that may temporarily display advertisements in the Product. The
information collected and used for the targeted advertising may contain the following, without limitation: age
and gender, number views of an advertisement, mobile device unique identity or other device identifiers and
settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites
(including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed),
advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the
advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web
beacons, cookies, tracking pixels and other technologies to collect said information and may combine the
information collected on other UBISOFT Products and services with information collected from other third
party websites and mobile products and services and with demographic, advertisement, market and other
analytics surveys. Standing alone, this information is not personal data; however, if UBISOFT combines any
of this information with personal data, UBISOFT will treat this information as personal data pursuant to our
Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving
technologies are used in our Product(s) at https://legal.ubi.com/partners/. UBISOFT makes its best efforts to
provide You with the links to our partners’ own privacy policies according to which their tools and
technologies are used and when available the link to allow You to opt-out from their services.
4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for
unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the
Product detects such an unauthorized third party program, information may be communicated back to
UBISOFT, including the name of your Account, your internet protocol (IP) address, details about the
unauthorized third party program detected, and the time and date that the unauthorized third party program
was detected, along with the hardware specifications and performance characteristics of Your hardware, with
or without additional notice to You. If the Product detects the use of an unauthorized third party program, this
License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that UBISOFT is not responsible for and does not endorse the opinions, advice and/or
recommendations displayed or sent by You in the Product, including in game chats. Such communications
are the sole responsibility of the user in question.
5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL
MEDIUM.
If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to
You:
UBISOFT warrants that the physical medium containing the Product shall be free from defects in material and
workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event
that the medium containing the Product proves to be defective during that time period, UBISOFT will, at
UBISOFT’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar
Product of equal or greater value (in the event the Product is not longer being manufactured by UBISOFT or
available in UBISOFT’s inventory), or (d) refund Your money when You present UBISOFT with written proof
of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE
EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty
replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective
packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed
or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the
hardware and system on which You are running the Program.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS
IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES,
CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS
INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS,
RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT
DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT,
UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE
FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY
RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY
KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY),
CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B)
DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F)
INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN
THE EVENT OF A DISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE,
SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A
COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES,
UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS
CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE
PRODUCT. IN NO EVENT UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU
HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL
INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT
MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF
LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
7. INDEMNITY.
You are solely responsible for any damage caused to UBISOFT, its licensors, channel partners and
associated service providers and subcontractors, other users of the product or any other individual or legal
entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS
AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS
AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES
DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY
ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION
OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. UBISOFT reserves the right to take
sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to
indemnify UBISOFT. The provisions of this Section 7 shall remain in force after termination of this EULA.
8. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until
terminated according to its terms. You and UBISOFT (or its licensors) may terminate this EULA, at any time,
for any reason. Termination by UBISOFT will be effective upon (a) notice to You or (b) termination of Your
UBISOFT Account (if any) or (c) at the time of UBISOFT’s decision to discontinue offering and/or supporting
the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions
of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all
copies of the Product in Your possession.
9. CHANGES TO THIS EULA OR TO THE PRODUCT.
UBISOFT reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to,
supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such
changes will be effective with or, as applicable, without prior notice to You. You can review the most current
version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible
for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You
or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in
accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product.
Your continued use of the Product following any revision to this EULA constitutes Your complete and
irrevocable acceptance of any and all such changes.
UBISOFT may modify the Product for any reason or without any specific reason, at any time and at its entire
discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to
improve and/or optimize the Product. You agree that the Product may install or download the modifications
automatically. You agree that UBISOFT may stop to support previous versions of the Product upon
availability of an updated version. UBISOFT’s channel partners and associated service providers shall have
no obligation to furnish any maintenance or customer support with respect to the Product. UBISOFT also
reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the
Product.
10. MISCELLANEOUS.
10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all
export and import laws and restrictions and regulations of any United States and foreign agency or authority
relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or
otherwise exported to, or installed by a national or resident of, any country to which the United States has
embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. 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.
10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this
EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be
deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be
affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if
some part of it were deleted, the provision shall apply with the minimum modification necessary to make it
legal, valid and enforceable to reflect UBISOFT’s initial intentions.
10.3 No Waiver. No failure or delay by UBISOFT (or its licensors) to exercise any right or remedy provided
under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude
or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right
or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right
or remedy may be considered to have taken place only after signing of a written statement to this effect by
UBISOFT or by the User.
10.4 Law, Jurisdiction and Dispute Resolution.
10.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in
connection with it, or its subject matter or formation (including non-contractual disputes or claims) are
governed by and construed in accordance with the laws of the United States and the State of California,
without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United
Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby
expressly excluded from any interpretation of this EULA.
10.4.2 UBISOFT’s goal is to provide you with a neutral and cost-effective means of resolving a dispute
quickly. Thus, for any claim related to this EULA where the total amount sought (i) is equal to or more than
$10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by
completing the Notice of Dispute Form accessible at https://legal.ubi.com/NoticeOfDispute/en-US . UBISOFT
may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date
of UBISOFT's offer to settle or UBISOFT's receipt of the Notice of Dispute Form (whichever is later), you may
invoke binding arbitration by filing a separate Demand for Arbitration accessible at
https://legal.ubi.com/DemandForArbitration/en-US . A party electing arbitration shall initiate it through an
established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR
provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the
option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b)
any in person arbitration will take place in the county in which the city or town you have entered as your
residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County,
California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider
may award any form of individual relief; (e) UBISOFT will pay all costs for non-frivolous claims; (f) any
judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g)
UBISOFT may not seek reimbursement of its attorney's fees in connection with such arbitration; (h) in the
event you receive an arbitration award greater than UBISOFT's last written settlement offer, UBISOFT will
pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of your attorney's
fees, (i) claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in
any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less
than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a
member of a class in a class action or similar proceeding, and you will abide by the dispute resolution
mechanism in this Section.
10.4.3 For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section
10.4.2 of this EULA, it is hereby agreed that any action at law or in equity arising under this EULA shall be
finally adjudicated or determined in any court or courts of the State of California, or of the United States of
America, in Los Angeles County, California and the parties hereto hereby submit generally and
unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such
matter and consent to service of process by any means authorized by California law.
10.4.4 All claims you bring against UBISOFT must be resolved in accordance with this Section 10. All claims
filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA.
Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs
up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified
the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
For any questions concerning this EULA, you may contact UBISOFT at the following address:
https://www.ubisoft.com/help.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
https://legal.ubi.com/ThirdPartyTextMicrosoftDirectX9/en-US
https://legal.ubi.com/ThirdPartyTextMicrosoftDotNet/en-US
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