End user license agreement
The present end user license agreement (hereinafter referred to as the "License Agreement") makes provision for the terms and conditions in line with which you are authorised to install and/or use the Multimedia Program and/or Online Service edited and/or supplied by Focus Entertainment, a company entered on the Paris Trade and Companies Register under number 399 856 277 and having its registered office at Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis“, 11 Rue de Cambrai, 75019 Paris, France.
YOU SHOULD CAREFULLY READ THE LICENSE AGREEMENT BEFORE PURCHASING, DOWNLOADING, OR INSTALLING THIS MULTIMEDIA PROGRAM OR USING THE ONLINE SERVICE. MOREOVER, SOME MULTIMEDIA PROGRAMS MAY MAKE PROVISION FOR TERMS AND CONDITIONS OF USE WHICH ARE INDIVIDUAL AND SEPARATE (HEREINAFTER REFERRED TO AS "SPECIFIC TERMS AND CONDITIONS OF USE"), TO WHICH YOU SHOULD HAVE REFERENCE AND ACCEPT THE TERMS AND CONDITIONS PRIOR TO PURCHASING, DOWNLOADING, OR INSTALLING SAID MULTIMEDIA PROGRAMS OR USING THE ONLINE SERVICE RELATED THERETO.
You hereby acknowledge to have read and understood the License Agreement and to have accepted that installation of the Multimedia Program is confirmation of your acceptance to be contractually bound by the following provisions. You hereby acknowledge and accept that the present License Agreement stipulates all of the agreement exclusively between Focus Entertainment and yourself and that the License Agreement replaces any previous or current agreement, whether oral or written, as well as any other communication between Focus Entertainment and you, notably any written license agreement accompanying the Multimedia Program that is inconsistent and/or contrary to these terms.
IN SUCH INSTANCE AS YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH UNDER THE PRESENT LICENSE AGREEMENT, AS WELL AS THE SPECIFIC TERMS AND CONDITIONS OF USE WHERE APPLICABLE, YOU ARE NOT AUTHORISED TO DOWNLOAD OR INSTALL THE MULTIMEDIA PROGRAM OR USE THE ONLINE SERVICE.
The term "Multimedia Program" shall be used to refer to any video game edited by Focus Entertainment: software, all components (notably including characters, scenario, universe, computer code, images, animations, videos, music, text, etc.) as well as their documentation, whether accessible via the Online Service or not.
The term "Online Service" shall be used to refer to the platform provided and maintained by Focus Entertainment or any third party which it commissions and allowing you notably to access a group of functions and information pertaining to the Multimedia Program, to connect Multimedia Programs, interact with their game play methods, access tools to create and share content, and more widely all other functions pertaining to the Multimedia Program. An internet connection is required to access the Online Service. The Online Service may also include an authorised mobile application store/marketplace or an online retailer (“Online Store”).
The Multimedia Program and Online Service are protected by copyright and are the sole and exclusive property of Focus Entertainment, its subsidiaries, licensors or suppliers (hereinafter referred to as "Focus Entertainment"). Use thereof is subject to the terms and conditions of the License Agreement.
Reference to the Multimedia Program in the present License Agreement includes the Online Service to the full extent permitted by its content.
1. Limited user license
The Multimedia Program is not sold but is conferred to you under a license by Focus Entertainment. Consequently, your license does not allow you any right or title of ownership over the Multimedia Program.
Subject to your acceptance and respect of the present License Agreement and the restrictions indicated under article 3, Focus Entertainment confers you a limited, non-exclusive Multimedia Program license, transferrable in line with the terms and conditions under article 4 as well as a non-exclusive right of installation and use of a (1) single copy of the Multimedia Program on a single device, and for personal and non-commercial use.
2. Property of Focus Entertainment
Focus Entertainment is the exclusive owner and/or licensee of all rights, titles and interests in and to the Multimedia Program, as well as all Intellectual Property Rights in and to the Multimedia Program and all of its features and components.
The term "Intellectual Property Rights" shall be used to refer to all intellectual and/or industrial property rights pertaining to the Multimedia Program, such as notably copyright, patents, patent applications, database rights, designs and templates, brands, domain names, expertise, commercial secrets concerning the following elements, of which the list is not exclusive:
All content on the Multimedia Program (such as notably themes, objects, characters, character names, plots, text, dialogues, hooks, places, illustrations, concepts, graphics, animations, sounds, compositions and musical recordings, audiovisual effects);
All data and communication generated by the Multimedia Program;
All softwares, computer codes (source code and object code), titles, operating methods, documentation pertaining thereto, integrated applications, interfaces and any creation of the mind, content, and integrated into the Multimedia Program.
The Multimedia Program may additionally include elements conferred under a license to Focus Entertainment by third parties. The latters may consequently take all measures in order to promote their rights in the event of a breach, by you, of the present License Agreement.
The License indicated under article 1 is conferred to you under the following reservations:
You are not allowed to copy, reproduce, translate, retro-compile, locate source code, modify, adapt, merge, convert, disassemble, decompile the Multimedia Program or create derivative works based on the Multimedia Program, in whole or in part, or remove any notice or indication of intellectual property from the Multimedia Program, without the prior written consent of Focus Entertainment.
The Multimedia Program is conferred under license as a unique product. Its components should not be separated to be used on several computers.
Pursuant to the user license conferred, you may use the Multimedia Program for personal and non-commercial use. Consequently, you shall not be permitted to:
Sell, distribute or transfer copies or reproductions of the Multimedia Program to third parties, in any manner whatsoever, nor to lease, transfer under a credit lease or confer licenses over the Multimedia Program to third parties, without the prior written consent of Focus Entertainment and subject to the provisions set forth under article 4 of these presents;
Operate the Multimedia Program in whole or in part for commercial purposes;
Use the Multimedia Program for illegal or immoral purposes;
Use the Multimedia Program for purposes other than those intended by Focus Entertainment under this License Agreement;
Use the Multimedia Program or allow use of the Multimedia Program across several computers, games consoles, pocket computers, mobile or PDA devices at the same time, without any additional license (such license may be provided through an authorised third party (such as an Online Store) subject to you agreeing to further terms and conditions);
Use the Multimedia Program or allow use of the Multimedia Program on a network, in the framework of a multi-user system or remote access system, notably any use online, notwithstanding any provision to the contrary expressly indicated by Focus Entertainment and subject to acceptance of the terms and conditions of use of the Multimedia Program;
Use any third party software program not expressly authorised by Focus Entertainment interacting with the Multimedia Program and/or the Online Service, whatever the purpose;
Delete, deactivate or overturn any notice or indication of property or copy the protection software included in the Multimedia Program;
Export or re-export the Multimedia Program, a copy or an adaptation, in breach of laws or regulations applicable;
Create data or Multimedia Programs which are executable and reproduce data or functions of the Multimedia Program.
Download of the Multimedia Program is only permitted from an authorised source. You cannot yourself make the Multimedia Program available on a network where it can be downloaded by other people.
4. Transfer of the Multimedia Program
You are hereby authorised to definitively transfer all of your rights in the framework of the present License Agreement, under the condition that the recipient of the transfer accepts to be subject to the terms and conditions of the License Agreement and that you accept to delete the Multimedia Program from the medium on which it was downloaded/used/copied.
5. Term / Termination
The present License Agreement shall remain in force until termination. You may terminate the License Agreement, at any time, by deleting or uninstalling the Multimedia Program from your medium and destroying the copy of the Multimedia Program in your possession.
The License Agreement shall be automatically terminated by Focus Entertainment if you default in respect of any of the terms and conditions herein. In this instance, you should immediately destroy or delete the Multimedia Program and any copies, in whole or in part, in your possession or under your control and stored on any medium whatsoever, and upon request by Focus Entertainment, certify that you have performed this destruction.
6. Limitation of guarantee
Focus Entertainment does not guarantee continuous or flawless operation of the Multimedia Program nor the correction of any error in the Multimedia Program. The Multimedia Program is provided without any guarantee, notwithstanding those where applicable for which provision is expressly made in the present License and insofar as authorised by applicable law. The guarantees indicated hereunder shall outline the scope of liability and guarantees of Focus Entertainment and your rights of redress.
INSOFAR AS AUTHORISED BY APPLICABLE LEGISLATION, FOCUS ENTERTAINMENT EXPRESSLY EXCLUDES ANY GUARANTEE PERTAINING TO THE MULTIMEDIA PROGRAM. THE MULTIMEDIA PROGRAM IS PROVIDED "AS IS" AND WITHOUT ANY GUARANTEE OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLICIT, NOTABLY AND WITHOUT LIMITATION, THE IMPLICIT GUARANTEES AND/OR CONDITIONS PERTAINING TO THE TRADE QUALITY OF THE MULTIMEDIA PROGRAM, SUITABILITY FOR A PARTICULAR USE, OF ADEQUATE QUALITY, PERFORMANCE OR LACK OF BREACH OF INTELLECTUAL PROPERTY RIGHTS.
It is incumbent upon you to accept all risks resulting from the use or performance of the Multimedia Program. However, Focus Entertainment hereby guarantees that the physical medium on which the Multimedia Program is installed shall be, in line with normal terms and conditions of use, exempt of any hidden defect or manufacturing defect during a term of ninety (90) days following the date of purchase of the Multimedia Program.
7. Limitation of liability
INSOFAR AS AUTHORISED BY APPLICABLE LEGISLATION, FOCUS ENTERTAINMENT MAY NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT HOWEVER BEING LIMITED TO DIRECT, INDIRECT, COLLATERAL OR CONSEQUENTIAL DAMAGES PERTAINING TO SUSPENSION OF ACTIVITIES, LOSS OF CLIENTS, LOSS OF PROFIT, LOSS OF DATA, OR ANY ECONOMIC OR FINANCIAL LOSS) RESULTING FROM THE USE OF THE MULTIMEDIA PROGRAM AND/OR ONLINE SERVICE, OR THE IMPOSSIBILITY TO USE THE MULTIMEDIA PROGRAM AND/OR ONLINE SERVICE, AS WELL AS THE IMPROPER OPERATION THEREOF, OR EVEN POSSESSION THEREOF CONCERNING THE MULTIMEDIA PROGRAM, AND THIS EVEN IF FOCUS ENTERTAINMENT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
Focus Entertainment may not be held liable for damages, harms or losses resulting from negligence, accidents or improper use incumbent upon you or the modification of the Multimedia Program, in any manner whatsoever, after purchase of the Multimedia Program. In all instances and insofar as the aforementioned limitations were not applicable under certain legislation, the liability of Focus Entertainment may not exceed the purchase price of the Multimedia Program.
None of the provisions set forth under the present License Agreement shall limit or exclude the liability of Focus Entertainment towards you in the event of death or corporal damage resulting from its own negligence.
You hereby undertake to guarantee and hold harmless Focus Entertainment against all claims, costs and expenses (notably lawyer fees) resulting, directly or indirectly, from your actions and omissions during use of the Multimedia Program and/or the Online Service which does not comply with the terms and conditions of the present License Agreement.
8. Online Service
Focus Entertainment shall provide and maintain the Online Service, or it may be provided by and/or accessed through an Online Store. The Multimedia Programs accessible via the Online Service are used in compliance with the terms and conditions set forth under the present License Agreement and/or additional terms set forth by the Online Store.
8.1 Subscription to the Online Service
To use the Online Service, you should subscribe and open an account, and consequently you should:
Provide various personal information such as notably your name, address and email address as well as any information requested by Focus Entertainment;
Choose a username and password.
To use the Online Service and subscribe, you must be of legal age under the laws of your country, or, if not, you must request a parent or guardian to subscribe for you. Insofar as you have used the Online Service and are registered, you shall be deemed to have confirmed being an adult or, if not, to have the consent of a parent or guardian. Any account subscription by a minor is deemed to have been done with the consent of their parents or legal guardians. The latters shall be responsible for all use of the Online Service by the minor.
You hereby guarantee that the information provided at the time of subscription is accurate, complete, and correct. Consequently, you hereby undertake to update this information regularly. In such instance as the information provided is incomplete or incorrect, you hereby undertake to compensate Focus Entertainment for any loss or damage suffered by Focus Entertainment as well as any third party having suffered damages due to the information provided.
The username and password selected at the time of subscription with Focus Entertainment and/or the Online Store are personal, in order to facilitate use and access to the Online Service and should not be sent to any third parties. Consequently, you are responsible for protecting the confidentiality of your username and password.
If you believe that your username, password, or account have been hacked and/or fraudulently accessed, you hereby undertake to inform Focus Entertainment immediately. Focus Entertainment and/or Online Stores may not be held liable for any fraudulent use of your username, password and/or account by a third party.
Insofar as you have used the Online Service, you are deemed to have confirmed that you own all hardware, software and capacities necessary and that Focus Entertainment and its licensors and Online Stores shall not have any liability pertaining to the hardware, software or other services required for use of the Multimedia Program and/or Online Service.
8.2 User Content
Certain Multimedia Programs, via the Online Service, may allow you to gain access to different tools which allow for creation of your own content (hereinafter referred to as "User Content") and sharing thereof. User Content may not be used outside of the Multimedia Program and the Online Service.
Where the Multimedia Program allows sharing of User Content or interaction with other third parties websites and/or online services (hereinafter referred to as "Third-Party Websites"), you hereby undertake to respect the terms and conditions of use of the Third-Party Website in question. Focus Entertainment shall not be responsible for the content thereof. Links made available are done so for practical purposes without the liability of Focus Entertainment being incurred in this regard. It is incumbent upon you to ensure that you respect the terms and conditions of use of Third-Party Websites and that these are appropriate for your profile. You hereby undertake to guarantee and hold harmless Focus Entertainment for any liability concerning a breach of the terms and conditions of use of said website by yourself as well as any direct or indirect damage which may result therefrom.
You hereby confirm acceptance that the Multimedia Program and/or Online Service may store your User Content as well as statistics and other data, in an anonymous manner or otherwise. Data stored shall only concern the Multimedia Program. Where games are stored and the Multimedia Program makes provision, you hereby authorise consultation by other players via an interface in and out the Multimedia Program.
You hereby confer to Focus Entertainment a free operating license for any online User Content which you create or share during your use of the Multimedia Program and/or Online Service, in an unlimited, perpetual and irrevocable manner, without any restriction, across all media, formats and forms, known or to be developed in future, which may be conferred under a license, transferred, leased, made available to the public, executed publicly and globally, for all objects and media. This license notably covers the right to copy, modify, reproduce in whole or in part, adapt, develop, translate, copy onto any medium, incorporate on other works, extract elements in whole or in part and/or add elements and to remove other elements, to publish, distribute, or sell. Notwithstanding the foregoing, you acknowledge and accept that any and all User Content you create may include assets and materials that belong to Focus Entertainment and/or its licensors, and that nothing in this License Agreement shall confer any transfer of rights (including any Intellectual Property Rights) to such assets and materials, which will continue to be owned by Focus Entertainment and/or its licensors.
Focus Entertainment is not bound to undertake any control or evaluation of User Content. Consequently, you hereby confirm and accept that you have the full and entire responsibility over User Content and that Focus Entertainment may not be held liable for this.
You shall be solely and exclusively liable for the comments, opinions or remarks expressed in the User Content, which under no circumstances represents the opinion of Focus Entertainment. In particular, and without limiting the scope of the previous provision, Focus Entertainment may not be held liable for any comments, opinions and remarks expressed in any User Content and excludes all liability in this regard.
Focus Entertainment does not issue any guarantee or make any declaration as to the accuracy or validity of information or elements included in the User Content or the Online Service and may not be held liable for losses or damage occasioned by the use of these elements.
Focus Entertainment hereby reserves the right (or authorises the Online Store), for any reason whatsoever and at its full discretion to delete, restrict, suspend or modify your account and User Content (as well as the option of sharing or creating User Content online), due to the use of your account and/or User Content which does not comply with the provisions set forth under the License Agreement.
8.3 Restrictions pertaining to the Online Service / Code of Conduct
You hereby accept and undertake not to publish or send declarations, information, or any other element via the Online Service, or to create and share User Content which, in an unlimited manner:
Is illegal or likely to incur a civil or criminal liability;
Should lead to a breach in copyright, brands, patents or other intellectual and/or industrial property rights of third parties;
Would encourage piracy, notably any request for CD keys or pirated software;
Includes computer viruses, worms, logic bombs or other malware or harmful data;
Is abusive, seditious, pornographic, offensive, homophobic, defamatory, slanderous, inaccurate, discriminatory, obscene, provocative or racist;
Is likely to harass a person;
Could be considered as marketing or commercial communication or promotion of products or services coming from another person than Focus Entertainment;
Is likely to encourage illicit or illegal activities, notably but without being limited to, solicitation, gambling or the sale of prescription medication;
Is aimed at minors or attempting to arrange meetings with minors with the intent to sexually abuse them or whose purpose or effect is to obtain such a meeting;
Includes confidential information, notably without however being limited to passwords, medical information or confidential information about any person;
More widely, infringes any law or regulation in force in the country of use of the Multimedia Program and/or Online Service;
Solicits, invites, encourages, recommends, incites, or leads to any of the previous actions.
8.4 Online Service data management
Focus Entertainment hereby reserves the right to register a certain amount of data pertaining to the Online Service, including notably your score, statistics, the number of single and/or multi-player games, and all other data pertaining to your use of the Online Service.
This data is used by Focus Entertainment to improve the services offered, and notably to:
Allow you to use and control your use of the Online Service;
Provide you with a reliable and efficient up to date service;
Ensure due and proper operation of the Online Service in general.
By subscribing and using the Online Service, you hereby expressly accept that Focus Entertainment may store such data.
Consequently, Focus Entertainment may use a software program which notably stores information as to whether you have already used the Online Service on your computer, as well as all other data concerning your use of the Online Service. For instance, you may be asked whether you wish for the Online Service to memorise your computer and/or username and/or password. You can deactivate this function by modifying the parameters of your account.
8.5 Special terms and conditions of use
8.5.1 Anti-Cheat software
Focus Entertainment may use the Easy Anti-Cheat service performed by Kamu, through a client software (“Client Software”) that is integrated into the Multimedia Program. In such event, when you start a new game session the Client Software will automatically load and install its latest version to your computer or any other game play device on which the Multimedia Program is used (“the Unit”). When you are using the Multimedia Program on your Unit, Easy Anti-Cheat is monitoring the Unit, analyzing the game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the game (“Purpose”). For the Purpose, Easy Anti-Cheat is storing and processing information regarding cheating methods used in the game (“Data”). The Data will contain your personal data as described in the privacy statement of Kamu.
The processing activities of Easy Anti-Cheat include automated decision-making which may have significant effects to you as you may be banned from the game if you have been found to be cheating in it. The Data will be used solely for the Purpose including but not limited to identifying and banning player accounts which are used for cheating in computer games, analyzing cheating behavior and cheating codes, as well as sharing data about cheats with affiliates of Easy Anti-Cheat.
To know more about your rights with regards to your personal data, please consult article 9.2 below.
8.5.2 Storage / hosting information concerning the Online Service and/or User Content
Focus Entertainment may be led to store and host information concerning the Online Service and/or User Content on remote servers.
Consequently, you hereby authorise Focus Entertainment to notably store scores achieved during use of the Online Service and to publish these in the form of a classification of users.
Moreover, you hereby authorise Focus Entertainment to intervene on said servers, notably so as to update the Multimedia Program and/or Online Service, to combat fraudulent behaviour or following any server incident. You shall guarantee and hold harmless Focus Entertainment against any liability concerning any loss or alteration of the aforementioned elements following intervention, whether intentional or accidental.
8.5.3 Dedicated servers
Certain Multimedia Programs may offer you, whether free of charge or against payment, the option to create your own server allowing you to administer sections (public or private), to invite or refuse access to other players, and to set forth specific rules for each part (hereinafter referred to as "Dedicated Servers").
You hereby accept sole and exclusive liability of administration and/or use of a Dedicated Server and shall guarantee and hold harmless Focus Entertainment against any damage, of any nature whatsoever, resulting from administration and/or use of a Dedicated Server.
Consequently, Focus Entertainment may under no circumstances whatsoever be held liable for any temporary or definitive incident occurring on a Dedicated Server.
8.5.4 Competitions / Leagues
Certain Multimedia Programs may offer you a competition/league system with other players. Depending on the Multimedia Program, you may be offered the chance to create and administer competitions as well as establish specific rules for competition, via a Dedicated Server or otherwise.
A right of entry into the competition, using "virtual" money or any other Multimedia Program tool may be established. In this instance, you should ensure respect of the specific Terms and Conditions of Use of the Multimedia Program establishing this option.
In all instances, Focus Entertainment may not be held liable for actions undertaken by the user administering said competition. The latter hereby undertakes to administer the competition in an honest manner in respect of this License Agreement.
8.5.5 Additional Content - "Virtual" money
Where a Multimedia Program offers this function, you can purchase the following additional elements:
Additional content such as notably characters, contents or levels;
Consumables in the framework of use of the Multimedia Program;
Or "virtual" money which may be used solely in the framework of the Multimedia Program.
Methods of acquisition of "virtual" money can vary in line with the Multimedia Program, the specific terms and conditions of use of said Multimedia Program shall clarify the provisions set forth under the present article.
More widely, and notwithstanding any contrary stipulation in the specific Terms and Conditions:
"Virtual" money may be directly generated by your use of the Multimedia Program, without any financial counterpart from you;
You can also purchase "virtual" money directly on the Multimedia Program via the Online Service.
In all instances, you can use "virtual" money, notably to acquire additional content on the Multimedia Program, allow for more rapid progress through the Multimedia Program, or any other function offered by the Multimedia Program in respect of the specific Terms and Conditions set forth by the Online Store on which you bought the Multimedia Program.
Focus Entertainment may under no circumstances whatsoever be held liable for loss, in whole or in part, of currency at the time of acquiring "virtual" money or use thereof.
8.5.6 Modding / Customisation of the Multimedia Program
Certain Multimedia Programs allow you to create and customise games, levels, maps, scenarios, and all other content (hereinafter referred to as "Mods") which may be used and shared in the framework of the Multimedia Program and/or Online Service.
You shall be solely and exclusively liable for use and sharing of all Mods you create and should in all instances respect the terms and conditions of the present License Agreement at the time of creation/use/sharing of a Mod.
Consequently, Focus Entertainment may under no circumstances be held liable, notably but without being limited to, for any alteration in the quality of the Multimedia Program, alteration or loss of User Content at the time of creation/use/sharing of a Mod, or infringement of any intellectual property right held by a third party.
You shall refrain from using Mods outside of the framework of the Multimedia Program in which these have been generated and this whatever the purpose or means used for extracting these from said program. More widely, you shall refrain from extracting any component of the Multimedia Program.
You hereby agree to transfer to Focus Entertainment’s Licensor, for the duration of rights, an exclusive, irrevocable, fully transferrable and sub-licensable international right of use, in any manner whatsoever, for your Mods, including, without however being limited to, rights of reproduction, copy, adaptation, modification, execution, display, edition, publication, transfer or communication to the general public in all manners, whether known or unknown, and to distribute your contributions without any prior notice or compensation for the entire term of protection granted by intellectual property rights pursuant to international legislation and conventions. You hereby waive, and agree never to claim, any moral rights of paternity, publication, reputation or attribution over use by Focus Entertainment’s Licensor or other players of such Mods. Notwistanding the foregoing, you acknowledge and accept that any and all Mods you create may include assets and materials that belong to Focus Entertainment and/or its licensors and nothing in this License Agreement or otherwise shall confer any transfer of rights (including any Intellectual Property Rights) to such Mods, which will continue to be owned by Focus Entertainment and/or its licensors.
You hereby unreservedly accept to confer to Focus Entertainment the exclusive right to reproduce, represent, modify, adapt, use, exploit across all media, all formats, and by all media, in all geographical areas and for the entire term of the rights, all Mods for your creation likely to be protected by an intellectual property right and more widely a license equivalent to that indicated under article 8.2.
8.5.7 Web Radio
The Multimedia Program may allow access to web radio on streaming (“Web Radio”). The Multimedia Program may offer tool features of preselected list of Web Radios, such list could eventually be completed at your discretion. These tools features do not constitute an essential element of the Multimedia Program. Any disruption, unavailability or equivalent inability to access these tools features shall not entitle you to form any claim whatsoever against Focus. Access to Web Radio is merely a technical facility to play such Web Radio, also operational outside the Multimedia Program. Therefore, Focus Entertainment may not under any circumstances be held liable for Web Radio contents or Web Radio editorial lines whatsoever nor shall Focus Entertainment liability be engaged on such grounds or any other related to Web Radios.
8.5.8 Sony PlayStation® Users
For the Americas’ residents:
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.
For the Europe, Oceania and EMEA’s residents:
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.
8.6 Lack of guarantee for the Online Service
Focus Entertainment does not issue any guarantee whatsoever and shall not accept any liability pursuant to article 7 and more particularly as to:
The availability of the Online Service;
Any incorrect or inaccurate information on the Online Service as well as any errors, interruptions or delays in updating the Online Service;
The management of invites to play, with this function falling within the remit of the support system and/or platform used;
Hosting the User Content and any alteration or loss;
Infringement, by any person whomsoever, of intellectual property rights of a third party caused by the use of the Online Service;
Any level or type of loss or damage attributable to viruses or other malware likely to infect computer hardware, software, data or other assets of a user, and occasioned by people accessing the Online Service, and using or downloading it or attributable to transfers by email or attachments received from Focus Entertainment or its licensors;
Availability, quality, content or nature of other websites held and operated by third parties (hereinafter referred to as "External Websites") to which the Online Service is linked, websites located on or via any External Website, nor transactions involving External Websites (notably "cookies", personal data, confidential information or purchases of domain names or other services). Please contact the network administrator or site administrator for any questions concerning these links, websites or transactions;
All declarations, guarantees, conditions or other terms which may be effective without this notification;
The correction of any error, or interruption or continuous flawless operation of the Online Service.
You hereby agree to use the Online Service at your own risk. Consequently, you hereby confirm awareness of risks pertaining to the use of the Internet, and that users may provide information or behave in a manner which is not reliable, misleading, illegal or illicit.
Focus Entertainment has no way of verifying whether declarations made by other users are authentic.
This decision can only be taken at your discretion, and it is recommended to show a certain degree of caution.
Insofar as you have used the Online Service, you are deemed to have accepted the risk associated therewith.
It is recommended that you take all necessary precautions when disclosing your own personal information.
Focus Entertainment (or the Online Stores as applicable) may also, at any time and for any reason whatsoever, remove or suspend access to the Online Service, without notice or obligation.
9. Miscellaneous provisions
9.1 Control of exports
You are not allowed to export, download or re-export the Multimedia Program to any country (citizens or residents) which is the object of any embargo in force.
9.2 Personal data
We collect some of your Data through our video games and/or website, notably to allow you to:
Sign up to our newsletter, forum, and competitions;
Take part in testing our games;
Benefit from products and services you have requested;
Benefit from enhanced products, services, and game experience, as well as technical support (in-game tools and technologies, including telemetry); and
Receive promotional and commercial offers if you have given your consent.
We mostly collect identification data and information regarding your use of our services (your email address, your name, your pseudonym, your password, your IP address). The categories of information that we collect in connection with your use of our games, products and services, as well as the related purposes and legal bases, are described in our General Personal Data Protection Policy.
You have right of access, rectification and deletion of your Data, the right to limit their processing, right to object to the processing, and right to portability. You can exercise these rights at any time by contacting our Data Protection Officer (DPO) at the following address firstname.lastname@example.org. If after having contacted us you feel your data protection rights have not been respected, you have the right to lodge a claim with the competent supervisory authority, such as the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés). When the processing of your data is based on your consent, you have the right to withdraw your consent at any time. For further information concerning your data protection rights, please read the General Personal Data Protection Policy.
9.3 Redress in equity
You hereby accept that Focus Entertainment shall suffer irreparable damages in such instance as the terms and conditions of the present License Agreement are not strictly applied and, consequently, you hereby accept that Focus Entertainment may, without any obligation, guarantee or proof of damages, legitimately claim appropriate redress in equity pertaining to infringements of the present License Agreement, as well as other means of redress which Focus Entertainment may have, by virtue of applicable law.
The License Agreement constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present License Agreement may be established solely by way of a written agreement specifying said amendment, alteration or modification and signed by both parties.
In such instance as one or more stipulations in the present License Agreement are or should become null and void, in whole or in part, by virtue of any law, regulation or following any definitive decision by a competent jurisdiction, all other stipulations shall retain their full effect.
9.6 Force majeure
Focus Entertainment shall under no circumstances be held liable for any case of force majeure or fortuitous incident, as defined by article 1148 of the French Civil Code and case law as handed down by French Courts, making it impossible for Focus Entertainment to perform its obligations by virtue of the present License Agreement.
9.7 Applicable law
The Multimedia Program and/or Online Service is planned for use and should only be used in those countries in which such use is legally permitted.
Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Multimedia Program and/or Online Service, this License Agreement is governed by French law.
In such instance as French law cannot be applied in the country where you use and/or have acquired the Multimedia Program and/or Online Service, the following provisions shall be applicable:
In such instance as you should acquire the Multimedia Program in the USA: the present License Agreement shall be governed by the laws in the State of Pennsylvania.
If the Multimedia Program is purchased in Canada: the present License Agreement shall be governed pursuant to the laws in force in the Province of Ontario, Canada, notwithstanding the prohibition expressly indicated by local law; and pertaining to any dispute resulting from these present, you expressly accept to be governed by the jurisdiction of the Federal and Provincial Courts in Toronto, Ontario.
If you purchase the Multimedia Program in any other county: local legislation shall be applicable.