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SECRET WORLD LEGENDS™ END USER LICENSE AGREEMENT (“EULA”) AND TERMS OF SERVICE

Last Modified: 14 June, 2017

This Secret World Legends (the “Game”) Terms of Service and End User License Agreement (the “Agreement”or “EULA”) is a legal agreement between you individually as the user of the computer on which the Game (“You”) and Funcom Oslo AS (“Funcom”,”We”or “Us”) The Game includes client software that is installed on a computer (“Software”) and may access a service operated for the Game (“Service”).

By installing or using the Software or Service, you agree that you are of legal age AND HAVE THE LEGAL CAPACITY to enter into this Agreement. YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU and that you agree to the terms of this Agreement. If you do not agree, do not download, access or install this Game. .

  1. ACCOUNT ACCESS

You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you.

YOU AGREE THAT YOU WILL NOT:

  1. (i) Share Your account password(s) with any other person
  2. Or provide access to your accounts or the Service to any other person.

SUSPENSION AND TERMINATION

FUNCOM RESERVES THE RIGHTS TO SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT OR YOUR ACCESS TO THE GAME AT ANY TIME FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE AND FUNCOM WILL NOT PROVIDE REFUNDS OF VIRTUAL ITEMS OR VIRTUAL CURRENCY.

YOU MAY TERMINATE THE AGREEMENT AT ANYTIME BY UNINSTALLING THE GAME

  1. LICENSE GRANT TO YOU

The Software and Service (including In-Game Features) are licensed, not sold, to you under the agreements you may have with us, including acceptance of our Privacy Policy, we grant to you a non-exclusive, non-transferable, non-sub licensable license to do the following:

  1. Install and use one copy of the Software on a single personal computing device, and
  2. access and use the Game through such copy of the Software.
  3. transfer the Game from one such device to another; provided the Game is Used on only one device at any one time and any device on which it is Used is under your custody and control at the time of Use.

All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Funcom and their affiliates. Your rights of use under this Agreement are strictly conditional upon your observance of the terms of Service contained in this Agreement at all times

  1. LICENSE RESTRICTIONS

You understand and agree that you will not use, or authorize any third party to use, the Software in any manner except as permitted in this Section. You will not:

  1. distribute or sell the Software or access to the Software;
  2. use the Software to develop another product or service,
  3. reverse engineer, decompile, disassemble or attempt to discover the source code for the Software. (except as otherwise expressly permitted by law, including for interoperability reasons)
  4. modify, alter or create any derivative works of the Software or Service; or
  5. use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;
  6. probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;
  7. violate any technology control or export laws and regulations that apply to the technology used or supported by the Game or any Online Features.
  8. Use any unauthorized third-party “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and Funcom, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game,
  9. or remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.

4. OWNERSHIP

The Game (including all user accounts and all Game characters, objects, settings, themes, storylines, concepts, music, sounds, artwork, animations, dialog, code and other In-Game Features) are the property of Funcom and its licensors and are protected by copyright and other intellectual property laws and treaties around the world. We and our licensors own and reserve all right, title and interest in and to the Game. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Funcom Oslo AS.

4.1 GRANT OF RIGHTS TO FUNCOM

Funcom does not own the materials you provide to Funcom (including feedback and suggestions) or post, upload, input or submit via the Game or Online Features, and you may request deletion of any such materials at any time, unless such content has been shared with, or copied and stored by other users of the Game or Online Services. However, by posting, uploading, inputting, providing or submitting such content you are granting Funcom, and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such content.

All content posted, uploaded, inputted, or submitted by you via the Game or any Online Feature is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

4.2 VIRTUAL ITEMS

If Funcom offers the ability to purchase virtual items or currency, Funcom, hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use such game currency and/or virtual items as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this Agreement.

Neither virtual items or virtual currency have any value outside of the game and neither are redeemable outside of the game.

All purchases of virtual currency or items (including subscriptions) are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law.

Funcom has the absolute right to manage, modify, suspend, and/or eliminate virtual items or currency without notice or liability to you. Except as otherwise prohibited by applicable law, Funcom reserves and retains all rights, title, and interest in and to the virtual items and virtual currency.

You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent virtual items or virtual currency outside of the game.

5. ACKNOWLEDGEMENTS

5.1 EXTERNAL LINKS: The Game may contain links to other third-party websites. Such websites are not controlled by Funcom, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.

5.2 EPILEPSY WARNING: A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns.  Such individuals may experience a seizure while watching certain images or playing a video game.  If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game.  If you experience any of the following symptoms while playing any video game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video game immediately and consult a medical professional.

6. PRIVACY; CONSENT TO ACCESS YOUR COMPUTER

Full information regarding how we collect, use and share information about you or your computer is at: http://www.funcom.com/corporate/privacy_policy . Acceptance of our privacy policy is incorporated into this agreement.

While the Software is installed on your computer, you authorize us to access, modify or delete Game-related data on your computer via the Software and Service. Also, you authorize us to check your version of the Software and automatically download and install Software upgrades to update, patch, fix, enhance and further develop the Software and Service. Some upgrades may be designed to disable unauthorized access to the Software or delete unauthorized copies of the Software. You will not bypass any automatic update downloads or installations.

In addition, you authorize us to monitor or collect certain information from your computer or our servers related to the use or performance of the Game, including to record your gameplay and interactions with other players in the Game.

Data entered into the game to create accounts, make use of purchased items, utilize the game, or communicate with other users may be stored on servers located in the U.S and Europe. Each data hosting provider’s role is limited to providing a hosting and storage service to Funcom Oslo AS and the providers are not permitted to access or use your information, except for the limited purpose of storing the information.

The Game may contain links to other third-party websites. Such websites are not controlled by Us, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.

7. INDEMNIFICATION

IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION CERTAIN OTHER JURISDICTIONS (DEPENDING ON APPLICABLE LAW), THIS SECTION DOES NOT APPLY TO YOU.

You will indemnify and hold harmless Funcom, its affiliates, investors, independent contractors and service providers and their respective directors, officers, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to your use of or inability to use the Game, except to the extent they arise out of (i) negligence or wrongdoing or (ii) the Game’s infringement of the intellectual property rights of a third party.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FUNCOM PARTIES BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING FOR LOSS OF DATA, LOSS OF CONTENT OR INABILITY TO ACCESS THE GAME.

IN NO EVENT, SHALL FUNCOMS’ AGGREGATE LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE GAME EXCEED MONIES ACTUALLY PAID BY YOU TO ACCESS THE SOFTWARE UNLESS YOUR JURISDICTION DOES NOT ALLOW

THE GAME IS PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND.

FUNCOM DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR NONINFRINGEMENT.

Nothing in this AGREEMENT shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.

You understand that the Game may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.

If you breach or threaten to breach any provision in this AGREEMENT, you agree that Funcom shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Funcom shall be entitled to receive an injunction compelling specific performance by you of your obligations under this AGREEMENT without the necessity of posting any bond or other security.

9. TERMINATION

Funcom may terminate this Agreement at any time, with or without cause, immediately upon notice to you. Funcom may also suspend or discontinue the Game at any time, in which case this Agreement shall terminate automatically without notice.

You may terminate this Agreement by ceasing use of the Software and Service, cancelling any account you may have with us to use the Service (if any), and permanently deleting all copies of the Software in your possession or control.

All other Sections of this Agreement will survive such termination.

10. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of Oslo, Norway. You irrevocably consent to jurisdiction of the courts located in Oslo, Norway with respect to any proceeding regarding this Agreement or the Game. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

GENERAL

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement will remain in full force and effect. This Agreement shall be written and executed in, and all other communications under or in connection with this Agreement, shall be in the English language.  Any translation into any other language will not be an official version of this Agreement or any other communication, and in the event of any conflict in interpretation between the English version and any translation, the English version will control.

Funcom may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Funcom’s prior written consent.

NOTICES

To send notices to Funcom, you may deliver written mail to:

Funcom Oslo AS

Attn: Legal

Bestumstubben 11
N-0281 Oslo
Norway

Questions and Inquiries may be submitted to legal@funcom.com