BEFORE USING THE LICENSED SOFTWARE PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT" OR "LICENSE AGREEMENT") CAREFULLY.
THIS LICENSE AGREEMENT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND NANOS GBR, INH. ALEXANDER GÜTTLER, DENNIS SCHLOTTERBECK, MALTE SCHOLZ, PASCAL STÜCKER ("LICENSOR").
LICENSOR IS ONLY WILLING TO GRANT A LICENSE FOR THE LICENSED SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SOFTWARE (IN THE FOLLOWING REFERRED TO AS YOU OR YOUR) ON THE TERMS AND CONDITIONS DESCRIBED HEREIN.
INDICATING ASSENT OR REFUSAL
BY OPENING THE LICENSED SOFTWARE, CLICKING THE „I AGREE" OR „YES" BUTTON, INDICATING ACKNOWLEDGE IN STEAM, INDICATING ASSENT OTHERWISE OR USING THE LICENSED SOFTWARE OR USING PARTS OF THE SOFTWARE OTHERWISE, YOU AGREE TO THE TERMS AND CONDITIONS DESCRIBED IN THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, YOU ARE 18 YEARS OF AGE OR ABOVE, AND THAT YOU ARE AUTHORISED TO ACCEPT IT. IF YOU DO NOT AGREE TO THIS AGREEMENT CLICK THE „I DO NOT AGREE" OR „NO" BUTTON, DISAGREE IN STEAM OR INDICATE REFUSAL OTHERWISE. IN THIS CASE YOU ARE NOT ALLOWED TO MAKE ANY (FURTHER) USE OF THE LICENSED SOFTWARE. IF YOU STILL RUNNING THE LICENSED SOFTWARE YOU SHALL CLOSE AND UNINSTALL IT.
JUST CAUSE 3 MULTIPLAYER IS AN UNOFFICIAL MODIFICATION OF JUST CAUSE 3. SQUARE ENIX HAS NOT REVIEWED OR APPROVED JUST CAUSE 3 MULTIPLAYER FOR QUALITY PURPOSES, NOR DOES SQUARE ENIX ENDORSE JUST CAUSE 3 MULTIPLAYER.
THE SOFTWARE "JUST CAUSE 3 MULTIPLAYER" YOU DOWNLOADED AND/OR STARTED REQUIRES A LEGITIMATE COPY OF THE GAME JUST CAUSE 3 WHICH COPYRIGHTS AND TRADEMARKS BELONGS TO SQUARE ENIX LTD..
1.1 Capitalized terms used in this Agreement are defined terms.
1.2 Defined Terms
a. "Client Software" (also "Client") is the software used in connection with the game Just Cause 3. The "Server Software" (also "Server") is the server used to to run the server components of game modes and to accept client connections. b. "Documentation" means all written documentation, notices and other texts related to the Software. c. "Legitimate Copy of Just Cause 3" means a full, official, and verifiably legitimate copy of the game Just Cause 3 legally acquired. d. "Licensed Software" or "Software" means the computer program Just Cause 3 Multiplayer including all its modules, components, functions and features, distributed by nanos GbR or on behalf of nanos GbR. It includes both, the Server Software and the Client Software. e. "Personally Identifiable Information" means information that identifies an individual such as a name, phone number, email address, account name, username, user id, unique or persistent identifier, social security number, mailing address, billing information, or any information that could be considered personally identifiable information or personal data under applicable laws or regulations, as well as any data that either alone or in combination with other information could be used to identify an individual. f. Section means a section in this Agreement, unless otherwise specified.
2. Granted License
2.1 Licensor grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Licensed Software for Your personal, non-commercial purposes on a device owned or controlled by You in accordance with the terms and conditions described herein.
2.2 You shall not directly or indirectly distribute, or otherwise offer the Licensed Software or a copy of the Licensed Software. You are only allowed to create a copy of the Server Software to run it on your own or controlled devices.
2.3 The Software is licensed, not sold to you and Licensor reserves any rights not expressly granted to You.
2.4 Neither Licensor, the developers of the Game nor Square Enix Ltd., are required to provide any technical or other support to Licensee or any third party in connection with the Modification. 2.5 If You host or operate a server that allows the inclusion of any user generated content in, or in connection with the Licensed Software, You shall publicly post and abide by a notice-and-takedown policy for infringing third-party content that conforms to the procedures required by either UK law or the Digital Millennium Copyright Act (17 U.S.C. 512). 2.6 You acknowledge that every derivative work You create, buy, run or otherwise use must comply with the restrictions of Section 2 and Section 3.
3. Restriction of Use 3.1 You shall not, and shall not allow others to, receive or solicit any direct or indirect commercial or financial benefit from the creation of, distribution of, sale of, promotion of, or any other dealing with the Software.
3.2 You shall not, and shall not allow others to, directly or indirectly require any person to donate or pay money to any person or entity in order to access or use the Licensed Software and Your derivative work from the Software.
3.3 You shall not, and shall not allow others to, include any advertising or sponsorships in, or generate any advertising or sponsorship revenue from, the Software itself.
3.4 Notwithstanding the foregoing of this Section, (a) You may accept voluntary donations to contribute to Your ongoing support, hosting, and maintenance costs associated with the Licensed Software (You must apply any such donation exclusively for the purposes set out above and may not use any such donations to make a profit); and (b) You may generate advertising revenue by placing ads on Your website, or by placing ads on other internet offerings such as a YouTube or Twitch channels (but excluding the Licensed Software itself), as long as You are legally responsible for the webpages or channels and provided that advertising is truthful; complies with all applicable laws, regulations, and advertising codes; does not violate the Intellectual Property Rights or other rights of any party or third party; and does not disparage or harm Licensor or Square Enix Ltd., its Affiliates, or their respective games, intellectual properties, or developers. 3.5 You shall not reward donations with ingame profits, assets or any other benefits which grants an advantage in the game over other players.
3.6 You shall not remove, disable or circumvent any security protections or any technical measures that control access to the Game Just Cause 3; (See also Section 7.)
3.7 You shall not remove, modify, deface or circumvent any proprietary notices or labels contained or within the Game Just Cause 3. (See also Section 7)
4. Termination of Use
4.1 This Agreement remains effective until termination.
4.2 If You exceed the scope of license granted or fail to comply with Section 2, 3, 5, 7, 8 or 9 or if You violate any applicable laws and regulations this agreement will be immediately terminated without any notice.
4.3 Licensor may terminate this Agreement to any time without any reason in written form.
4.4 If this Agreement is terminated or expires or this Agreement is invalid for any other reason, You have to ensure that all Your use of the Software ceases. You are not allowed to make any (further) use of the Software. Furthermore You have to uninstall, delete and destroy all copies of the Software You possess in physical or electronic form. If Licensors wishes, you have to certify to Licensor’s reasonable satisfaction that you complied and will comply with this section.
5. Warranty Disclaimer
5.1 Licensor does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Licensor shall have no liability of any kind for the use of or inability to use the software, the software content or any associated service. 5.2 You acknowledge to understand that Just Cause 3 Multiplayer is in a beta phase and OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY LICENSOR OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
6. Limitation of Liability
6.1 To the fullest extent permitted by law, Licensor shall not be liable to You for any costs, expenses, loss, expenses, or damages (whether direct, indirect, or consequential, and whether economic or other) arising directly or indirectly from this Agreement or the Licensed Software. All use of the Software is entirely at Your risk. 6.2 In respect of Section 6.1 in no event Licensor shall be liable for a) Loss of profits and revenues, b) Loss of data or c) Loss of use Even if the Licensor has been advised of the possibility of such damages.
6.3 In respect to Section 6.1 Licensor is not liable for damages caused by third party content.
7. Your Representations and Warrants You represent and warrant that: a. In case that you are a duly organized corporation, that this cooperation is validly existing, in good standing, and is authorized to conduct business; b. In case that you are a natural person, that you are allowed to use the game Just Cause 3 and the Licensed Software; c. All materials You create and already created in connection with the Licensed Software or any other derivative work from the Licensed Software shall not violate any applicable law or regulation, defame any person or entity, and/or violate or infringe upon the Intellectual Property Rights or other rights of any person or entity and shall not contain any viruses, worms, Trojan horses, exploits, backdoors, or other harmful or malicious code; d. You shall not circumvent, disable, or otherwise bypass any anti-piracy, anti-tamper, or anti-copy technology used in connection with the Game Just Cause 3 and the Licensed Software, including Denuvo; and (See also Section 3) e. You comply, and at all times shall comply, with all applicable laws and regulations.
8. Copyrights and Copyright Infringement
8.1 You acknowledge that the Licensed Software belongs to the intellectual property of the Licensor.
8.2 You acknowledge that the Licensed Software requires a Legitimate Copy of Just Cause 3 which copyrights and trademarks belong to Square Enix Ltd.. Neither the use of the Licensed Software nor this Agreement grant a license for the game Just Cause 3 or any other intellectual property and trademarks which belong to Square Enix Ltd..
8.3 You agree that the Licensor and its third party licensors own and shall continue to own all rights in the Software and Documentation.
9 Personal Data Collection
9.1 You acknowledge and agree with the provisions of the Licensed Software’s Privacy Statement.
9.2 You acknowledge and agree that the Licensor may collect Personal Identifiable Information and send them anonymized to Square Enix Ltd. and their partners. If you disagree with this Clause you may terminate this Agreement at any time, in this case Section 4, especially Section 4.4, is applicable.
10. Contact and General Provisions
10.1 This Agreement, including all contractual and non- contractual obligations hereunder, shall be governed by and construed with the laws of England and Wales, without regard to choice-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Each party irrevocably agrees that the courts of England and Wales, located in London, shall have exclusive jurisdiction over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement and that accordingly any proceedings in respect of any such claim or matter must be brought in such courts. Each party waives any objection it may have to such venue.
10.2 You can contact us by a. the postal address: nanos GbR, Alemannenweg 7, Germany 21357 Barum or b. mail at email@example.com.
10.3 If a Section of this Agreement should be ineffective or lose their effectiveness due to later circumstances, the legal effectiveness of the other Sections and of this Agreement at all should not be affected as far as possible. The provision of the invalid Section or Sections shall be replaced by an appropriate provision which comes as close as possible to what the parties of this Agreement would have wanted and agreed when they had considered the related facts and other related information.
10.4 Square Enix Ltd. is a third-party beneficiary of this Agreement and you acknowledge that Square Enix Ltd. is expressly granted the right to enforce the terms of this EULA against You.
Just Cause 3 © 2015-2016 Square Enix Ltd. JUST CAUSE, JUST CAUSE 3, and the Just Cause logo are registered trademarks or trademarks of Square Enix Ltd. SQUARE ENIX and the Square Enix logo are registered trademarks or trademarks of Square Enix Holdings Co., Ltd. All other trademarks are property of their respective owners. Graphical representations of Just Cause 3 are reproduced with the permission of the copyright owner.
This website or software is not operated by Square Enix and Square Enix accepts no responsibility or liability for the content available or views expressed hereon, which are the sole responsibility of nanos GbR.