WORLD OF BATTLES
TERMS AND CONDITIONS OF USE
World of Battles is an online entertainment service operated by Frogwares. These terms and conditions apply to all and any use, access and availability of World of Battles.
In these terms:
"Frogwares" means Frogwares Ireland Limited;
"World of Battles" means the online entertainment service, web site, game and games, competitions, content and services available at or using www.worldofbattles.com, the Game Client and all Communications.
"Game Client" means the software programs and materials made available by Frogwares which must be installed on a suitable computer in order to access and use World of Battles, together with any and all copies and derivative works of such software program and materials; on-line or electronic documentation; and patches, updates and supplements thereto.http://www.worldofbattles.com/en/content/frogwares-world-battles-terms-and-conditions
"Communications" means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using World of Battles.
By using World of Battles and each time you do so you are telling Frogwares that you understand, accept and are able to accept these terms and conditions and agree to be bound by these terms and conditions.
If you do not accept or understand these terms and conditions you should not use or access World of Battles or any part of it.
If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.
In any case you must be over the age of [12 years] in order use World of Battles.
Frogwares may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from.
By using and accessing World of Battles you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. Frogwares shall have no liability in relation to any hardware, software or other services required to make use of World of Battles.
Registration
In order to use and access World of Battles you will need to register. To Register you will need to submit certain information and choose a User Name, and a Password.
The User Name and Password chosen by and issued to you upon registration with Frogwares is personal to you so that you can use and access World of Battles and must not be disclosed to any person without Frogwares' prior written consent.
You agree, accept and understand that:
• you must ensure that all information held about you by Frogwares is up to date and that you can amend your registration details at any time through World of Battles;
• you are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
• you are solely liable for any use of World of Battles using your User Name, and Password whatsoever.
DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. FROGWARES IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN ID, USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.IF YOU THINK YOUR LOGIN ID, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM FROGWARES IMMEDIATELY.
You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify Frogwares against any loss or damage incurred by Frogwares and any third parties who may suffer damage as a result of the information that you have supplied.
Rights of Use
Subject to these terms and conditions and your compliance with them, Frogwares grants you a non-exclusive, non-transferable, personal, limited licence to access and use World of Battles solely for your private, non-commercial, personal use only.
This licence includes the limited right to download content, materials, data and communications temporarily, except for the Game Client, for purposes solely connected with the private, non-commercial, personal use of World of Battles.
Subject to these terms and conditions and your compliance with them, Frogwares grants and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Game Client for your use on either a home or portable computer subject to and in accordance with these terms and conditions and the Game Client EULA.
You may not transfer, sub license or deal in this right without Frogwares' prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in World of Battles and should not be deemed a sale or transfer of any copyright or other right.
Restrictions and Obligations
You agree to comply with these terms and conditions and all rules applicable to the use of World of Battles.
Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
• hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of World of Battles or any part of it;
• remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in World of Battles;
• create software which mimics any data or functionality in World of Battles;
• use or deal in World of Battles except as permitted by these terms and conditions;
• include contact details intended to enable communication outside of World of Battles, in any Communication;
• use your access to World of Battles, or information gathered from it, for the sending of unsolicited bulk email;
• make any public, business or commercial use of World of Battles or any part of it;
• provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to World of Battles without Frogwares' prior written permission;
• make World of Battles or any part of it available to any third party;
• display, publish, copy, print, post or otherwise use World of Battles and the information contained therein for the benefit of any third party or web site;
• use or process World of Battles or any part of it unfairly or for any illegal or immoral purpose;
• delete or obscure any copyright or other proprietary notice on World of Battles.
World of Battles may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of World of Battles and you expressly consent to Frogwares monitoring your computer's random access memory for said unauthorized third party programs.
Intellectual Property Rights
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in World of Battles belong to and vest in Frogwares, or are licensed to Frogwares.
All intellectual property rights of Frogwares are hereby asserted and reserved.
All third party trade names and trade marks are the property of their respective owners and Frogwares makes no warranty or representation in relation to them.
Frogwares does not claim or assert any right title or interest in any third party Communications.
Forum and Communications
World of Battles is an entertainment service and ancillary to this Frogwares is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
The views expressed in any Communications are the views of the individual authors and not those of Frogwares unless specified otherwise by Frogwares.
Frogwares is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
By using World of Battles you acknowledge that Frogwares has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Frogwares is not required to and does not exercise any control or judgement of their content.
Notwithstanding the foregoing Frogwares shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
You agree that Frogwares may use, publish, edit, modify and adapt your Communications for any and all purposes relating to World of Battles and the business of Frogwares and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications.
You agree and undertake that you will not make any Communication or post to or transmit to World of Battles any statement or material, nor use World of Battles in any way, that:
• is unlawful or which gives rise to civil or criminal liability;
• promotes any illegal or unlawful activity;
• infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
• includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
• is abusive, pornographic, defamatory, discriminatory or obscene;
• harasses any person;
• markets or promotes any third party;
• interferes with another user's use and enjoyment of World of Battles;
• impersonates any moderator, administrator or any staff or other persons connected with Frogwares;
• infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
• includes restricted / password protected content or materials;
• exploits any other person;
• solicits passwords or personal information;
• provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
• tries to gain unauthorized access to any computer, servers or any part of World of Battles including its servers, network and the computers of other users;
• tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of World of Battles;
• engages in or solicits commercial activities or sales without Frogwares' prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
• refers to any material that is inappropriate;
• seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
• contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
• solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
If you discover any material which you believe contravenes these terms and conditions please inform Frogwares or a forum moderator with details of the page you found it on.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Frogwares has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using World of Battles and its services you accept that this is the case and accept that you therefore use World of Battles at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, Frogwares will communicate with you via the email address you have provided to Frogwares. Notices that are applicable to all Frogwares' customers shall be made available on the World of Battles websites or otherwise within World of Battles. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.
All emails sent by Frogwares and attachments thereto are intended for the addressee only.
Liability
Frogwares provides and maintains World of Battles for personal entertainment on an "as is" basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Frogwares and all use and access of External Sites is made at your own risk. "External Sites" means third party web sites and online services to which World of Battles links.
Frogwares gives no other warranty in connection with World of Battles and to the maximum extent permitted by law, Frogwares excludes liability for:
• any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Frogwares has been made aware of;
• the accuracy, currency or validity of information and material contained within any Communications or World of Battles;
• any interruptions to or delays in updating World of Battles;
• any incorrect or inaccurate information on World of Battles;
• the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of World of Battles;
• the availability, quality, content or nature of External Sites;
• any transaction involving External Sites;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading World of Battles, or any Communication;
• all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
Frogwares does not warrant that the operation of World of Battles will be uninterrupted or error free.
Frogwares will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of World of Battles you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute World of Battles.
You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and membership account and for all activities that occur under your account.
You hereby indemnify, defend and hold Frogwares and Frogwares' officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of World of Battles any Communications and any use of your membership account. You shall use your best efforts to cooperate with Frogwares in the defence of any claim. Frogwares reserves the right, at Frogwares' own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Termination
Without limiting to any other rights it may have Frogwares may remove, restrict, cancel or suspend access to and use of World of Battles and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions.
Privacy and Data Policy
Frogwares will only use information collected about you in accordance with the Data Protection Act 1998.
Frogwares may ask you for certain information and you may submit personal data to World of Battles (such as your name, email address and contact details) when you subscribe or sign up to World of Battles.
Frogwares may also record which parts of World of Battles and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:
(a) process your Communications, your subscription to World of Battles and to enable your use of World of Battles and associated services;
(b) open and run your account and provide you with an up to date, efficient and reliable service;
(c) administer prize draws;
(d) generally run World of Battles.
By subscribing and submitting your data you agree to this use.
From time to time Frogwares also monitor and record telephone calls for training purposes and to improve the service to you.
Frogwares will never collect sensitive information about you without your explicit consent.
If you believe Frogwares has information about you that you do not want Frogwares to have or that is incorrect please contact Frogwares as described below and Frogwares shall correct or remove the data as you request as soon as reasonably practicable.
If you have any other concerns over privacy, this privacy policy or World of Battles please contact Frogwares as described below.
Marketing Communications
Frogwares gives you a choice of whether or not you want Frogwares or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. Frogwares will not sell or trade personal information to other companies but Frogwares would like to keep you informed of the developments on World of Battles and certain games and Frogwares would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
Frogwares will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
Cookies
Frogwares uses ‘cookies' on World of Battles. Cookies are a way that information such as whether you have visited World of Battles before is recorded on your computer and used by Frogwares to improve World of Battles and the services available to you. If you do not wish for Frogwares to use cookies when you use World of Battles please adjust your Internet browser settings to not accept cookies. Your computer's help file should tell you how to do this but please note that this may affect your ability to use World of Battles and games.
If you don't disable cookies World of Battles will ask for and store details including your name and email address and may automatically insert certain information on the subscription or Communications forms so that you can use World of Battles with less form filling.
WOB Features
World of Battles is free to use and play.
As part of and to enhance your use and enjoyment of World of Battles you may be able to obtain additional features that form part of the World of Battles experience ("WOB Features").
WOB Features are features of a service that that may used subject to these terms and conditions and on the basis of the licence granted by these terms and conditions. These terms and conditions and your use of World of Battles do not give you any rights of ownership in any property whether tangible or intangible (including in any Gameplay Feature).
WOB Features may be exchanged for other WOB Features in and as part of World of Battles only.
WOB Features include a virtual currency used in and as part of World of Battles ("Gold").
You may obtain or receive WOB Features (including Gold) free of charge as part of and as a result of your participation in World of Battles.
You may also purchase additional WOB Features using your credit or debit card, cheque, postal order, international money order, SMS, internet +, audiotel, allopass, bank transfer or through a Paypal account or as otherwise described in the payment section of World of Battles.
Such additional WOB Features, include WOB Features known as "Gems".
Gems may be exchanged only for Gold and certain other WOB Features described in World of Battles as being capable of being exchanged for Gems from time to time.
Other WOB Features may not be exchanged for Gems and Gems may only be obtained in the manner aforesaid.
Gold and Gems are WOB Features and in common with all WOB Features have no cash or real world value.
It is a condition and fundamental term of these terms and conditions and your use of World of Battles that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Gameplay Feature (including Gold and Gems) outside of World of Battles or in any way other that as expressly provided above namely that certain WOB Features may only be exchanged for certain other designated WOB Features in and as part of World of Battles only.
It is a further condition and fundamental term of these terms and conditions that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of World of Battles including your World of Battles account, Password or username.
When you buy a Gameplay Feature you are buying a right to use that Gameplay Feature within, in and as part of World of Battles only, in accordance with these terms and conditions.
WOB Features that may be purchased are advertised for sale on World of Battles so that you may offer to purchase them for the price stated in the manner described below.
When you complete and submit the online form required to purchase WOB Features you are offering to purchase them for the price stated ("Order").
Orders are subject to these terms and conditions and will be confirmed by e-mail. Orders are deemed accepted when Frogwares sends the confirmation e-mail.
Frogwares may cancel any sale and not supply WOB Features if it is reasonable to do so and may change or discontinue the availability of WOB Features at any time at its sole discretion.
You may cancel your Order of WOB Features at any time up to the end of the seventh (7th) day after receiving them, except where you have taken advantage of or used the WOB Features. Once notified, Frogwares shall, in respect only of that cancelled Order and WOB Feature, as soon as possible, provide a refund; re-credit your account with any sum debited by it from your credit card or debit card; or use reasonable efforts to procure that the charge does not appear on your phone bill or internet +, audiotel, allopass or Paypal account and remove your WOB Features from World of Battles.
The charge will appear on your monthly credit card bill or bank statement. Credit card Orders will be confirmed by e-mail and are deemed accepted when Frogwares sends the confirmation e-mail. All Order details and invoices will be sent to the credit card or debit card billing address and not the shipping address where they differ.
You will not be charged for any Orders that cannot be fulfilled and where appropriate Frogwares will re-credit to your account any sum debited by Frogwares.
Frogwares cannot guarantee that a particular Gameplay Feature will always be available.
Your statutory rights are unaffected by these terms and conditions.
PLEASE DO NOT SEND CASH. FROGWARES MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). FROGWARES WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY FROGWARES.
General
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit Frogwares' liability for death or personal injury resulting from its negligence nor any fraudulent representation.
All questions, comments or enquiries should be directed by email to maintenance@worldofbattles.com or by post to Frogwares Ireland Limited at [ 22 Northumberland Road, Dublin 4 Ireland]
These terms and conditions constitute the entire agreement between you and Frogwares and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word "including" in these terms and conditions means including without limitation.
Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
World of Battles is intended for and directed at the United Kingdom and no representation or warranty is made as to whether World of Battles complies with the regulatory regime and local laws of any other country.
Use of Frogwares and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
About Frogwares
All questions, comments or enquiries should be directed to Frogwares at support@worldofbattles.com
Frogwares Ireland Limited
Registered company number: [ ]
Registered company address: at [ 22 Northumberland Road, Dublin 4 Ireland].
These terms and conditions include the terms and conditions of the Game Client EULA as follows:
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE USING, DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM OR USING IT IN CONNECTION WITH THE RELATED ONLINE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS GAME CLIENT EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE SOFTWARE.
PLEASE NOTE: This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Game Client") are the copyrighted work of Frogwares, its subsidiaries, licensors and/or its suppliers. All use of the Game Client is governed by the terms of this End User License and Warranty Agreement ("Game Client EULA") and the terms and conditions applicable to the use of the related online service available at http://www.worldofbattles.com/en/content/frogwares-world-battles-terms-and-conditions ("Online Service Terms") which are incorporated into this Game Client EULA.
The Game Client is solely for use in connection with the use and access of the online entertainment service, web site, games, competitions, content and services available at or using www.worldofbattles.com, (the "Online Service") by end users according to the terms of the Game Client EULA and the terms and conditions applicable to the use of the Online Service. Any use, reproduction or redistribution of the Game Client not in accordance with the terms of the Game Client EULA is expressly prohibited.
Reference to Game Client in this Game Client EULA shall include the Online Service where and to the fullest extent that the content permits.
1. Limited Use Licence.
Frogwares hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Game Client for your use on either a home or portable computer subject to the terms of this Game Client EULA. You may not network the Game Client or otherwise install it or use it on more than one computer at a time. The Game Client is licensed, not sold. Your licence confers no title or ownership in the Game Client.
2. Ownership.
All right, title, interest and ownership rights in the Game Client and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ("Intellectual Property Rights"), in or connected with and to the Game Client and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game Client) are owned by, belong to and vest in Frogwares or its licensors. The Game Client is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game Client may contain certain licensed materials and Frogwares' licensors may act to protect their rights in the event of any violation of this Game Client EULA. All trade marks are the property of their respective owners.
3. Responsibilities of End User.
Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game Client, or remove any proprietary notices or labels on the Game Client without the prior consent, in writing, of Frogwares. Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Frogwares on creation in any event):
• The Game Client is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
• You are entitled to use the Game Client for your own personal non-commercial use as described in this Game Client EULA, but you are not entitled to:
• sell, distribute or otherwise transfer copies or reproductions of the Game Client to other parties in any way, nor to rent, lease or license the Game Client to others without the prior written consent of Frogwares; or
• exploit the Game Client or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. Frogwares may offer a separate site license agreement to permit you to make the Game Client available for commercial use; contact Frogwares for details;
• use, copy, transfer or distribute the Game Client or part of it other than as permitted by this Game Client EULA;
• use, assign, rent, loan, charge or otherwise deal in the Game Client or any part or interest therein or under this Game Client EULA except as expressly provided herein;
• use the Game Client for any illegal or immoral purposes;
•
• use the Game Client, or permit use of the Game Client, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Frogwares and subject to acceptance of the terms and conditions of use;
• remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game Client;
• export or re-export the Game Client or any copy or adaptation in violation of any applicable laws or regulations;
o create data or executable programs which mimic data or functionality in the Game Client;
• otherwise use, copy, transfer or distribute the Game Client or part of it except as expressly permitted by this Game Client EULA or in any manner which is inconsistent with this Game Client EULA.
You must back-up to another secure location, on a regular basis, any data files concerning your use of the Game Client as Frogwares has no liability for lost or corrupted data.
4. Game Client Transfer.
You may permanently transfer all of your rights under this Game Client EULA, provided that the recipient agrees to the terms of this Game Client EULA; you agree to remove the Game Client from your home or portable computer and you transfer the applicable Game Client key to the recipient and agree with the recipient to take over your Password and username, subject to the terms of this Game Client EULA.
5. Termination.
This Game Client EULA is effective until terminated. You may terminate the Game Client EULA at any time by deleting and removing the Game Client from your home or portable computer and destroying your copy of the Game Client in your possession. This Game Client EULA will terminate automatically if you fail to abide by any of the terms and conditions. Frogwares may additionally, at its discretion, give notice to terminate this Game Client EULA in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Game Client and all and any copies in your possession or control and stored on any media whatsoever and on Frogwares' request certify that you have done so.
6. Export Controls.
The Game Client may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty.
Frogwares does not warrant that the operation of the Game Client will be uninterrupted or error free or that errors can be corrected. The Game Client is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Frogwares' liability, warranties and your remedies. To the maximum extent permitted by law, Frogwares Ireland Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FROGWARES EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE GAME CLIENT AND MANUAL(S). THE GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game Client and manual(s) remains with you, however Frogwares warrants in respect of the Game Client distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Game Client the master disk on which the Game Client is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to Frogwares of proof of purchase of the defective Game Client, Frogwares will at its option; 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER FROGWARES, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME CLIENT INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Frogwares and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer failure, errors or loss of business or other information as a result of possession, use or malfunction of the Game Client, even if it has been advised of the possibility of such loss. Frogwares and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Game Client has been modified in any manner (not by Frogwares or its licensors) after it has been purchased, downloaded or otherwise received or obtained. The liability of Frogwares and its licensors shall not exceed the actual price paid for the Game Client.
Frogwares, its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
You agree to indemnify, defend and hold Frogwares and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions in using the Game Client otherwise than in accordance with the terms of this Game Client EULA.
9. Equitable Remedies.
You hereby agree that Frogwares would be irreparably damaged if the terms of this Game Client EULA were not specifically enforced, and therefore you agree that Frogwares shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Game Client EULA, in addition to such other remedies as Frogwares may otherwise have available to it under applicable laws.
10. Severability.
In the event that any provision of this Game Client EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Game Client EULA shall remain in full force and effect.
11. Applicable Law.
The Online Service is intended for use and may only be used in countries where all such use is lawful. To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Game Client, Online Service and this Game Client EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Game Client and Online Service the following provisions shall apply. If you acquired this Game Client in the United States, this Game Client EULA is governed by the laws of the State of Pennsylvania. If you acquired this Game Client in Canada, unless expressly prohibited by local law, this Game Client EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Game Client in the European Union, Iceland, Norway or Switzerland, then local law will apply. If you acquired this Game Client in any other country, then local law will apply.
12. Agreement.
You hereby acknowledge that you have read and understand this Game Client EULA and the Online Service Terms and agree that the action of installing the Game Client is an acknowledgement of your agreement to be bound by the terms and conditions of the Game Client EULA contained herein. You also acknowledge and agree that this Game Client EULA is the complete and exclusive statement of the agreement between Frogwares and you and that the Game Client EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Frogwares and you, including any inconsistent written license agreement accompanying the Game Client.
Frogwares may also remove or suspend access to the Online Service at any time.
© 2006 - 2011 Frogwares Ireland Limited. All rights reserved.
World of Battles, the World of Battles logo, Frogwares and the Frogwares logo are trade marks or registered trade marks of Frogwares in the United Kingdom and/or other countries. All other trade marks and registered trade marks are the properties of their respective owners.
