Date of Last Update: September 23, 2016
This End User License Agreement (“Agreement”) is a contract between you and Perfect World Entertainment, Inc. (“PWE,” “we” or “us”) for all software provided by PWE in connection with the Games and the Service (both as defined below) together with all updates, patches, supplements and replacements provided by PWE and all applicable documentation (collectively the “Software”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE. BY CLICKING “I ACCEPT” OR BY INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE RELATED TERMS OF SERVICE (PUBLISHED ON THE FOLLOWING WEBSITE: www.arcgames.com. IF YOU DO NOT AGREE TO THESE TERMS AND THE TERMS OF SERVICE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
PWE MAY AMEND OR MODIFY THIS AGREEMENT (AND THE TERMS OF SERVICE AND ANY OTHER RELATED AGREEMENTS OR TERMS) AT ANY TIME IN OUR SOLE DISCRETION. AMENDMENTS AND MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY AFTER PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY THEREOF, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS. WE WILL INDICATE AT THE TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO AND ARE RESPONSIBLE FOR CHECKING THIS AGREEMENT AND THE TERMS OF SERVICE PERIODICALLY SO YOU WILL BE FAMILIAR WITH THEIR CONTENTS, AS THEY MAY BE AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SOFTWARE.
Subject to the terms of this Agreement, the Terms of Service that governs your use of the Service (defined below), and your compliance with any Rules of Conduct posted on the Website (as defined below) or otherwise provided to you by PWE (the “Rules of Conduct”) we grant you a nonexclusive, non-transferable license to install and use the Software, in object code form only, on one or more personal computing devices under your control solely to access and use the Service for your own personal, noncommercial entertainment use. Any PWE software that updates, supplements or replaces the original Software is governed by this Agreement and is included within the definition of the term Software unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms. As used herein, the term “Service” means collectively the PWE website located at www.arcgames.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites, mobile sites and subdomains of such sites (collectively, the “Website”), any games and game platforms, clients or servers operated by PWE through the Website (“Games”), and all features, functions, software and services offered through the Website.
The preceding states the entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) distribute, license, rent, lease, sell or transfer the Software; (b) use the Software for any commercial or business purposes or otherwise for any purpose other than your own personal entertainment use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the Software; (d) modify, alter or create any derivative works of the Software; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software or any other material given to you by PWE, (f) use any third party software to modify the Software or the Service or to change game play; (g) redirect, intercept or emulate any communication protocols used by PWE as part of the Service by any means, including but not limited to protocol emulation, reverse engineering, packet sniffing, or modifying or adding components to the Software; (h) provide, host, facilitate, link to or use any private servers, emulators, “matchmaking” services or other means by which the Games may be played outside of the Service; or (i) create, use or maintain any unauthorized connections to the Software or the Service. All such connections may only be made through methods and means expressly approved by PWE, and the Software, Games and Service may only be played on sites hosted by (or under the authority of) PWE. You may not distribute or provide to any third party, post on any website, and/or publicly perform or publicly display any part of the Games, Software or the Service, or any Confidential Information (as defined in the Terms of Service). You may not network the Games, Software or Service or use the Games, Software or Service in any other way on more than one computer or computer terminal simultaneously, except that you may connect online via the Internet to the PWE network that hosts the persistent game world. PWE has no obligation to give you the appropriate software and/or access codes to the Games, Software or Service; access to the Games, Software or Service and any appropriate software are at PWE’s sole discretion.
(a) The Software is the valuable property of PWE and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all rights, title and interest in and to the Software, including all copyright and other intellectual property rights in the Software. The Software and documentation are provided to you solely in accordance with this Agreement and are licensed, not sold. This Agreement and the license rights provided to you hereunder are not a sale and do not transfer to you any title or ownership interest in or to the Software, Games or Service or any Intellectual Property Rights therein (defined below).
(b) “Intellectual Property Rights” means and includes, without limitation, copyrights, patents, trademarks, moral rights, and trade secrets, all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including without limitation: (a) any concept, computer program, content, customer data, customer information, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and like of the foregoing, (d) service marks, trademarks, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.
(c) You hereby agree to assign, and do hereby assign to PWE all right, title, and interest in and to any and all feedback, suggestions for game improvement, materials, and information on the results of tests and evaluations of the Software, Games or Service (including, without limitation, questions, comments, suggestions, or the like) regarding the performance, features, gameplay and functionality of the Software, Games or Service and any all inventions regarding an improvement of or other change or addition to the Software, Games or Service formulated or produced, in whole or in part, as a result of your feedback or what you have created or made (collectively “Feedback”), and all Intellectual Property Rights embodied therein, or resulting from, such Feedback and inventions. You agree that PWE will be and is hereby the sole and exclusive the owner of such Feedback and inventions including all Intellectual Property Rights embodied therein, or resulting from such Feedback and inventions; you hereby agree to cooperate with PWE in connection with the protection thereof and shall execute such documents (such as further deeds of transfer and assignment), if any, as needed by PWE to perfect its rights hereunder. All rights, title, and interest in and to the Software, Games and Service remains the property of PWE (and/or its licensors or assigns), and is protected by trade secret, trademark, copyright, patent, and/or other laws protecting Intellectual Property Rights. Upon PWE’s request during the period of this Agreement and upon termination of this Agreement, you agree to hand over to PWE all copies of the Feedback and all copies of documents or other media in any form, written or electronic, that contain Confidential Information (as defined in the Terms of Service), whether created by you or provided to you by PWE.
(d) You agree that all Feedback may be used by PWE to improve or enhance the Software, Games, and Service and its products and, accordingly, to the extent the foregoing assignments do not transfer any ownership interest in or to the Feedback and the results thereof to PWE, you hereby grant to PWE an exclusive, perpetual, irrevocable, fully sublicensable, transferable, royalty free, worldwide right and license to copy, reproduce, modify, create derivative works of, publicly perform, publicly display, distribute, market, offer for sale, sell, have sold, import, have imported, make, have made, use, have used, and commercially exploit the Feedback and all of the information and contents of any and all such Feedback without restriction. PWE may, at its option and in its sole discretion, correct software errors or bugs confirmed by PWE to exist in the Software, Games and Service without any requirement of payment of any fee or royalty to you.
(a) THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE SOFTWARE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, PWE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. PWE ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAMES, THE WEBSITE, THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY WITH THE SERVICE.
(b) PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) WHILE PWE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SOFTWARE SAFE, PWE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) PWE SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
(f) REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY PWE.
(g) You understand and agree that PWE may update, enhance or otherwise modify in any manner the Games, the Software and/or the Service at any time without notice.
(h) When we update or “patch” the Software, we may utilize a patch routine to verify whether the most recent version of the Game is installed on your computer. If not, the most recent version may automatically be uploaded to and installed on your computer, modifying or replacing any prior version of the Software that may be installed on your computer, and you hereby consent to, and waive any further notice of, such upload and installation. However, you understand that we have no obligation to furnish any updates or patches to you pursuant to this Agreement.
(i) You are solely responsible for, and shall supply, all needed facilities and supplies, such as appropriate computer equipment and Internet connections, all at your own expense.
(j) You understand and agree that the Software may monitor and communicate information from your computer, including without limitation information relating to hardware capacity, modifications and the presence of unauthorized third party programs, including programs that enable or facilitate cheating or obtaining an unfair advantage of any kind, allow users to modify or hack any portion of the Software or the Service (other than as expressly authorized by PWE) or intercept or collect any information from or through the Software or the Service (“Unauthorized Programs”). If the Software detects an Unauthorized Program, then the Software may also communicate further information back to PWE regarding the user and the Unauthorized Program, including without limitation information about the users account and User ID and about the Unauthorized Program and its use. Further, you understand and agree that when you communicate with other players within a game or utilize any interactive features available through the Software or Service, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to the monitoring and information collection described in this Section.
(k) You understand and agree that when you run our Software we can and may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
(l) You understand and agree that when you run our Software we can and may access, collect, monitor and/or remotely store one or more “user identifiers.” User identifiers are small data files or similar data structure assigned to a user, that will be used to enable you to continue in-game progress, use games across multiple platforms and help associate your identity across multiple platforms. A user identifier may convey information to us about how you browse and use the Service. A user identifier may remain persistently on your device or computer, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of user identifiers is impaired or disabled.”
(m) When you run our Software by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
(n) When you run our Software, this may involve software functions designed to detect cheating or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store screenshots of game play, information relating to hardware capacity, modifications related to our Game software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate cheating, unfair advantage or hacking of the Games or Service. If unauthorized or malicious programs are detected, the Game software may also communicate to us the users account and User ID and information about the unauthorized or malicious program or its use.
(o) Publisher is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Publisher. EasyAntiCheat has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit EasyAntiCheat 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 EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Software Product, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you deny EasyAntiCheat to process your personal data in accordance with the said privacy statement or request EasyAntiCheat to remove or delete your personal data, the Publisher, EasyAntiCheat or a third party (appointed by the Publisher or EasyAntiCheat) has a right to block your access to the Game and prevent your use of the Game.
(p) You understand and agree that when you run our Software we may, with your consent, send push notifications and local notifications to your mobile device to provide game updates and other relevant messages.
You agree to defend, indemnify and hold PWE, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents (“PWE Parties”), harmless from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of, the Software.
(a) IN NO EVENT SHALL WE, PWE, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR PWE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PWE’S RECORDS, PROGRAMS OR SERVICES.
(b) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PWE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PWE FOR ACCESS TO OR USE THEREOF.
(c) SOME STATES IN THE U.S. DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU AND IN SUCH A CASE YOU AGREE THAT OUR (OR ANY SUCH OTHER RELEASED PARTIES’) LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT WE CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM USING, ACCESSING OR SUBSCRIBING TO THE SOFTWARE OR SERVICE.
This Agreement begins on the day you agree to these terms and conditions and continues in effect up until it is terminated by you or PWE.
(b) You may terminate this Agreement by cancelling your PWE Service account opened in connection with your use of the Software and deleting all copies of this Software in your possession or control. When you terminate your account, you also terminate the license to use, play and/or operate the Software and terminate this Agreement. At any time, you can end your use of the Software, Games or Service, through permanently deleting your copy of the client software from the computer on which it is installed.
(c) When this Agreement is terminated, you must delete all copies of the Game and its related documentation as well as all of the Confidential Information (as defined in the Terms of Service) in your possession, custody, or control, and remove all portions of the Software, Games or Service from any hard drives upon which you installed it. Upon termination of the Agreement, for any reason or no reason whatsoever, by either you or PWE: (w) you shall immediately discontinue and cease all use of the Software, Games, Service, and your account(s); (x) all license and rights granted to you under this Agreement will immediately terminate; (y) you will promptly delete, destroy or erase all copies of the Software, Games software and/or Service software in your possession or control; and (z) you will immediately forfeit the right to use any and all of your virtual goods or virtual currency (Zen) for the Software, Games or Service. Any fees associated with your use of the Software, Games and the Service are payable in advance and are not refundable, returnable or exchangeable in whole or in part. Your obligation to pay accrued charges and fees will survive any termination of the Agreement. Sections 3 (Ownership), 4 (Disclaimers and Consents), 5 (Indemnification), 6 (Limitation of Liability), 7 (Term and Termination), 8 (Compliance with Law), 9 (Governing Law; Jurisdiction), 10 (Remedies), 12 (Independent Contractors), 13 (Export Restrictions) and 14 (General) will survive any such termination.
You shall comply with all applicable laws regarding your use of the Software, the Service and your playing of the Games. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.
Unless expressly prohibited by local law, this Agreement is governed by the laws of the State of California, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in San Mateo County, California with respect to any proceeding regarding this Agreement or the Software. You will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement or the Software except in such courts. The U.N. Convention on Contracts for the International Sale of Goods or any successor thereto is expressly disclaimed and does not apply to this Agreement.
You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect PWE, its business, and its licensors, and you expressly agree that monetary damages would be inadequate to compensate PWE fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to PWE and that, in addition to any other remedies that may be available, in law, in equity or otherwise, PWE shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.
If the Software you have received with this Agreement is an alpha, beta, or other pre-release version of the Software (a “Pre-Release Version”), then the following additional terms shall apply:
(a) You will at your own risk and expense perform tests and other evaluations of the Software and Service. You will provide to PWE Feedback (defined above), which shall be owned by and licensed to PWE as set forth above, and will make yourself available to PWE on a reasonable basis for this purpose. All Feedback will be the confidential information of PWE, and you will not use or disclose any such Feedback to any third party without PWE’s prior written consent in each instance.
(b) In consideration of your ability to use the Pre-Release Version, you hereby grant to PWE the rights to Feedback granted herein in Section 3. We will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever. We will have no obligation to consider, use, return or preserve any Feedback you provide to us.
You acknowledge that you are not considered, and shall not present yourself as, an agent, employee, joint venturer, or partner of PWE (or any of its respective affiliates, publishing partners, licensors or licensees). Each party to this Agreement is an independent contractor with respect to the other, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers.
You acknowledge and agree that Software, Games and other software provided through the Website or Service are subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations promulgated thereunder. You agree and certify that neither the Software, Games nor any other software provided through the Website or Service, nor any direct product thereof is being or will be acquired, shipped, transferred or reexported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same. You agree that you will comply with all applicable law in with regard to your possession, use and operation of the Software, Games and other software provided through the Website or Service.