End-User Licence Agreement

THIS END-USER LICENCE AGREEMENT (HEREINAFTER "EULA" OR "AGREEMENT") AGREED BETWEEN YOU, AN ADULT WITH THE POWER OF AUTHORITY AND THE ABILITY TO SIGN CONTRACTS, AND US (HEREINAFTER ''WE'' OR "US" OR ''GOA'' OR "THE PUBLISHER") SETS OUT THE TERMS UNDER WHICH GOA OFFERS ACCESS TO THE ONLINE GAME (HEREINAFTER "THE GAME").

BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACCEPT ALL TERMS AND CONDITIONS SET OUT IN THIS EULA. BY CLICKING ON THE "I REFUSE" BUTTON, YOU DECLINE OUR OFFER.

If you refuse to accept the terms of the EULA, do not install or play the game. This EULA is considered as accepted each time you access the Game.

Licence

• Under this EULA you are authorised to install and use one copy of the specified version of the Game on a single computer. This EULA also allows you to keep a copy of the Game on any storage peripheral, such as a network server, for the sole purpose of installing or running the Game on your other computers connected by a local network; nevertheless, you must purchase a licence for any computer on which the Game is installed, used, accessed or displayed. The Game’s licence cannot be shared or used simultaneously on several computers.


• To access the Game you must (a) legally possess the European version of the Game offered on the Goa.com portal in the corresponding language version, have it installed on your computer and have accepted the EULA for this Game, (b) have an Internet connection (not supplied) to access your Account.


• Under the terms of this EULA, we grant you non-exclusive authorisation to use the Software, with the sole aim of enabling you to play the Game, by means of an authorised Account paid up to date. Any reproduction (with the exception of a reproduction for the exclusive purpose of a backup), distribution, free transfer or transfer against payment, rental, loan, modification, creation of derivative works, adaptation, translation, circulation, sub-letting or transfer of the Licence is prohibited. Any decompilation, disassembly, attempt at reverse engineering or extraction of part or all of the Software code, or authorisation to a third party to perform or attempt to perform such manipulations on the Software is strictly prohibited.

Restrictions and Other Rights

• This EULA does not provide any right in relation to any trademark or service linked to the Game.
  This EULA is changeable at any time without notice. You will be informed of these modifications a) when you connect to your Account or b) by a clear notice on the website. Any modification immediately becomes effective from the moment of its publication.


• We, and our suppliers, retain all intellectual property rights to the content linked to or provided on the Software. The Software Packages are commercial goods.


• You expressly acknowledge that all the characters created, objects acquired and developed during the Game are an integral part of the Software Packages and strictly remain the property of the Publisher.


• You acknowledge that the Software Packages and their content are protected by laws on registered trademarks, intellectual property rights and any other property right.


• You acknowledge that: (i) the Software contains graphics, sound effects, music, visual animation and text (hereinafter "Content") to which you have no property right or intellectual property right, and (ii) other content, including contributions from other Members. These independent suppliers of content, including other Members, are called suppliers of "Third Party Content" in this EULA. You alone, as well as any other Licence user, can judge the exact nature, potential usefulness or uselessness of any Third Party Content and the consequences thereof.

We are not in a position to monitor the Third Party Content in advance and we are not civilly or criminally liable for Third Party Content. Nevertheless, we reserve the right to at any time remove Third Party Content which breaches the terms of this EULA or that we consider potentially dangerous, contrary or incompatible with the spirit of the Game or that is clearly contrary to public order, good morals or is against the law.

Reproduction Rights

This Game is supplied to you under Licence by the Publisher and is protected by international laws on intellectual property. Consequently, you must treat the Game like any other type of property protected by such laws (e.g. films or books), with the exception that you can (a) make one single copy for the purposes of backup or archiving or (b) transfer the Game onto a single hard disk while retaining the original solely for the purposes of archiving or backup.

Information on the Account

• We remind you that Accounts can only be accessed by adults with the power of authority and the ability to sign contracts and, solely under their responsibility, by their minor children. If you are a minor, your parents, guardians or persons legally responsible for you must complete the registration procedure, by which they declare to assume all liability concerning the obligations set out in this EULA.


• BY CLICKING ON THE "I ACCEPT" BUTTON, YOU DECLARE THAT YOU ARE AN ADULT WITH THE POWER OF AUTHORITY AND THE ABILITY TO SIGN CONTRACTS AND ACCEPT THE TERMS OF THIS EULA FOR YOU OR YOUR MINOR CHILDREN. You cannot transfer or share your Account with anyone, unless, as a parent or guardian, you allow your child to use it. You are responsible for the use of your Account, and parents or legal guardians are responsible for the actions of their children. Unless specifically agreed with GOA, Account creation is prohibited for any legal entity or commercial company.


• During the creation of your Account, a password is allocated to you. You are responsible for keeping this password secret and for any damages or losses (in particular, deleted characters) resulting from the disclosure of your password or from another person using your password to access your Account.


• We will never ask you for your password by e-mail or by telephone, and you must not reveal it by these means, even after an express request. Additional costs may be generated for searching for lost passwords. Although we allow you to "backup” or "store" your password on your hard disk, we draw your attention to the fact that third parties can access your computer and therefore your Account.


• Obtaining an Account requires choosing one or several character names. You are encouraged to use a pseudonym, as long as it does not infringe the property right of any existing trademark, an advertising right or any other property right. Acceptance of a pseudonym by the Game server does not mean that GOA acknowledges that the pseudonym chosen does not infringe the rights of a registered third party trademark, an advertising right or any other third party right. Consequently you remain liable for the choice of your pseudonym. Nevertheless, GOA reserves the right at any time to remove any pseudonym that it considers to be indecent, obscene or that breaks the rules of propriety.


• Possession of an Account authorises you to transfer data ("Third Party Content") to our servers, in various forms, particularly in discussion rooms and all the other places of direct exchange between players. You are expressly reminded that this Third Party Content cannot: (a) infringe any third party intellectual property or any other property right or respect for privacy; (b) break any law or regulation in force; (c) be defamatory, discriminatory, obscene, paedophilic or dangerous for minors and generally contrary to public order, good morals or against the law; (d) contain any type of virus, Trojan horse, worm, logic bomb, robot or any other program aiming to damage, interfere with the normal operation of the Game, secretly intercept or retrieve any data, systems or personal information.

We may take any appropriate measure if we consider that Third Party Content is disrupting or is likely to disrupt (in whole or in part) the smooth operation of the Game or communication services.

For the exclusive purposes of the Game, you authorise us to use, continuously, irrevocably and free of charge on a worldwide basis, and with the option of sub-licensing to any third party, your Third Party Content on any known or future medium. Nevertheless, you remain personally and fully liable for your Third Party Content and discharge us from any liability with regard to it. You also guarantee us and you undertake to compensate us for any costs, claims, losses, applications, damages incurred by us, in relation to any claim concerning your Third Party Content, whatever its nature or purpose.

Prices

The Game is free to access. It includes optional content against payment, the price of which is given prior to your order. To purchase optional content, you must credit your Game’s virtual wallet by using one of the available means of payment. All payments are made in advance and are non-refundable.

Hacking, Nuisances, Modifications or Changes Made to the Game

It is strictly prohibited to use any third party software or process whatsoever aiming to modify the Game in anyway whatsoever, change the manner of playing it or play it in a way that is abnormal or harmful to the correct functioning of the Game. Authorisations that are granted to you under this Agreement must never be used for the purposes of creating or providing any possibility whatsoever for third parties to access the Game, particularly by means of server emulators. Furthermore, you cannot undertake any action that imposes an unreasonable or disproportionate load on our infrastructure.

Resale

This EULA gives you a single user right to all of the Game’s elements, and particularly any element included in the Game. Consequently you are prohibited from selling or auctioning, or from any other action involving any supply or transfer whatsoever, either free of charge or against payment, of any Game character, object, component or element of the Game, protected in particular by intellectual property rights.

Any aforementioned action, carried out through online auctions, forums or discussion rooms is contrary to the terms of this EULA. In addition to constituting a breach of the terms of the EULA, the sale of objects and/or components harms the image of GOA and the Game, for which we could require you to compensate us.

Respect for Privacy

You acknowledge that you do not benefit from any guarantee with regard to the protection of your communications and information from the Game or in the discussion rooms. GOA reserves the right to monitor all the information sent or received by you.

Circulation of Information

We hold and store data provided by you when opening your Account.

We cannot guarantee that exchanges made in the Game and any other identifiable information will not be sent to third parties. For example, we can be ordered by any competent authority to supply such information; third parties may intercept or illegally gain access to the transmissions and private exchanges. Furthermore, we can (and you authorise us to) send any information that we consider necessary concerning you to private entities, law enforcement agencies or any other administrative entity, if we deem it necessary or appropriate for the resolution of any problems or investigations. Furthermore, if you require technical assistance, you agree to allow us remote access to the computer on which the Game has been installed to carry out any necessary work. You accept any communication from us in the form of emails or any other similar means for any subject linked to the Game, Software and any other service or software that we are likely to offer in the future.

End of the Agreement

We can terminate this Agreement (including your Licence Agreement and your Account) immediately, without notice and with immediate effect, particularly if we notice that you have breached the terms of this EULA, infringed the intellectual property rights of third parties, clearly breached public order or good morals, or if we cannot check or validate any information concerning you that you provide during the game, discussion or any other activity linked to the Game and that we consider inappropriate and/or not in keeping with the spirit of the Game as set out in the Behaviour Charter available at the following address: Behaviour Charter.

If we end your Agreement under such circumstances, you lose any access to your Account.

We can also decide to terminate this Agreement if we decide to definitively withdraw the game offers.

Limited Guarantee

WE PROVIDE THE SOFTWARE PACKAGES, THE ACCOUNT, THE GAME AND ALL THE OTHER SERVICES "IN THEIR CURRENT CONDITION". WE EXPRESSLY REJECT ANY GUARANTEES OR CONDITIONS OF ANY KIND, INSOFAR AS PERMITTED BY THE APPLICABLE REGULATIONS, WITH REGARD TO THE SOFTWARE OR THE GAME, THEIR QUALITY, THEIR PERFORMANCE OR THEIR MARKETABLE NATURE. FURTHERMORE, WE EXCLUDE ANY LIABILITY AS TO THE OWNERSHIP OF THE GAME, TO ANY EXISTENCE OF A VIRUS, TO ITS COMPLETENESS OR TO ITS SUITABILITY FOR A PARTICULAR USE.

You acknowledge that due to the complexity of the computer technology, GOA cannot guarantee uninterrupted and error-free performance of this product. Without limiting the restrictions set out above, we do not guarantee continuous performance, without errors or without a virus of the Software, Game or your Account.

We do not guarantee that the Software and its documentation are without faults or errors and that they can function on your computer.

We are not liable for waiting periods or difficulties, particularly technical, resulting from circumstances beyond our control. Furthermore, we cannot guarantee permanent access to your Account.

IN ORDER TO USE THE GAME AND YOUR ACCOUNT, YOU ACKNOWLEDGE THAT YOU ARE 1) SOLELY RESPONSIBLE FOR THE USE OF YOUR ACCOUNT AND ANY INFORMATION THAT YOU SEND AND 2) FULLY CAPABLE OF JUDGING AND ASSESSING THE CONTENT AND RELEVANCE OF ANY INFORMATION THAT WILL BE PROVIDED OR SENT TO YOU.

UNDER NO CIRCUMSTANCES ARE WE, OUR SUPPLIERS OR OUR SUBSIDIARIES, LIABLE TOWARDS YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR INDIRECT LOSS WHATSOEVER, OR FOR ANY EXEMPLARY DAMAGE, LOSS OF EARNINGS OR OTHER, IN RELATION TO YOUR ACCOUNT, THE GAME, OR THESE CONDITIONS. OUR LIABILITY TOWARDS YOU OR ANY THIRD PARTY IS IN ANY EVENT LIMITED TO THE AMOUNT YOU PAID WITHIN THE LAST THREE MONTHS PRECEDING THE EVENT THAT CAUSED THE DAMAGE.

The guarantees and recourse set out above cancel and replace any oral or written, express or implicit commitment that could have otherwise been made. No distributor, agent or employee of GOA is authorised to make alterations or additions to this guarantee.

You must comply with all the applicable laws concerning use of the Software, access to your Account and your use of the Game.

By using the Game and by accessing your Account, you agree to guarantee the Publisher, any company that it holds or by which it is held, its subsidiaries, its employees and managers, against any legal action and/or damages (including reasonable lawyers fees), following use of the Game and of your Account by you or by a third party.

If one of the provisions of this Agreement is declared unlawful, invalid or unenforceable, in whole or in part, the said provision will be subject to the necessary modifications, which will be limited to rendering it lawful, valid or enforceable; the legality, validity and enforceability of the other provisions of this Agreement will not be affected.

Failure to exercise or any delay in exercising a right or recourse under the terms of this Agreement will not constitute a waiver of this right or recourse or of any other right or recourse.

You cannot sell or transfer this Agreement or your rights, and any action to do so will be null and void.

This Agreement presents and determines all of our obligations under this user licence and will not be subject to modifications unless agreed in writing by each party to this Agreement.

For any information, you can contact us at the following address: France Télécom / DC – GOA / Customer Services / 48 rue Camille Desmoulins / 92130 Issy-les-Moulineaux - FRANCE.

GOA is the Games Business Unit of France Télécom S.A., a limited liability company with capital of 10,412,239,188 euros. Paris 380 129 866 Commercial Register. Head office: 6, Place d’Alleray - 75015 Paris – FRANCE.