Cryptic Studios, Inc.
Star Trek Online End User License Agreement
This Star Trek Online End User License Agreement (this "Agreement") is between you as the end user ("You" or "Your") and Cryptic Studios, Inc. ("Cryptic").
IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE GAME (AS HEREINAFTER DEFINED) WILL NOT BE INSTALLED ON YOUR COMPUTER.
1. Definitions.
1.1 "Documentation" shall mean the terms of use, privacy policy, user manuals and posted rules, instructions and guidelines that Cryptic makes generally available with respect to interactive entertainment software product entitled "Star Trek Online."
1.2 "Game" shall mean the interactive entertainment software product entitled "Star Trek Online," in object code form only, and the media, Documentation and any updates provided by Cryptic to You and for which You are granted a license pursuant to this Agreement.
2. Grant of License; Ownership. Cryptic grants You a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the object code form of the Game for personal, non-commercial and lawful use on a single computer for purposes of playing the Game by registering for and accessing an account with the Service (as hereinafter defined). Cryptic does not transfer title to the Game to You; this license shall not be considered a "sale" of the Game. You agree that the Game belongs to Cryptic and its licensors, including all intellectual and proprietary rights, unless otherwise specified. Cryptic and its licensors retain all right, title and interest in and to the Game at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that You voluntarily and optionally disclose to us through any means will be used, or not used, by Cryptic at Cryptic’s sole discretion; and, Cryptic and its licensors will have no obligation to You regarding any ideas or inventions that You disclose through such means. No right, title or interest in or to any trademark, service mark, logo or trade name of Cryptic or its licensors, suppliers or affiliates is granted under this Agreement. All other rights are reserved to Cryptic except as expressly provided herein.
3. Restrictions. You may not (and You agree not to permit another person to):
3.1 rent, lease, sell, sublicense, assign, or otherwise transfer or copy the Game, except as expressly permitted by this Agreement;
3.2 reverse engineer, decompile, disassemble or otherwise reduce the Game to a human-readable form, except to the extent that such actions are expressly permitted by applicable law;
3.3 modify, translate or create derivative works based on or using the Game or any component thereof;
3.4 remove any copyright or other proprietary notices contained in or relating to the Game and/or any of its components;
3.5 create any other software that incorporates the Game;
3.6 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Star Trek Online experience;
3.7 exploit the Game or any of its parts, including without limitation the client software, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Cryptic; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
3.8 use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Cryptic may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
3.9 host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Cryptic in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; and
3.10 facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Cryptic.
4. Service and Terms of Use. The Game may only be played by accessing the Star Trek Online game service (the "Service"). You must accept the Star Trek Online terms of use agreement (the "Terms of Use Agreement") in order to access the Service and play the Game. The Terms of Use Agreement governs all aspects of game play. You may view the Terms of Use Agreement by visiting the following website: http://www.startrekonline.com/terms_of_service.
5. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling from Your computer all copies of the Game and destroying any copies of the Game that You may have made.
6. Maintenance. Cryptic is not obligated to provide maintenance and technical support to You for the Game.
7. Upgrades. You acknowledge that Cryptic may issue upgraded versions of the Game from time to time. Your license to an existing version of the Game may, at Cryptic’s discretion, expires when new versions of the Game are released. Notwithstanding the foregoing, Cryptic has no obligation to make available to You any subsequent versions of the Game. The Game will operate only on those hardware and software platforms specified in the Documentation. It is Your responsibility to ensure that You have the appropriate software, hardware and Internet connection to operate the then-current version of the Game. Cryptic reserves the right to cease supporting any hardware or software platform at any time, with or without notice. Cryptic may modify the Game at any time without notice. Additionally, Cryptic may update the Game remotely, including without limitation, the software client for the Game residing on Your machine, without Your knowledge, and You hereby grant to Cryptic Your consent to deploy and apply such patches, updates and modifications.
8. Disclaimers of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE EXPRESS PROVISIONS OF THIS AGREEMENT: (A) CRYPTIC AND ITS LICENSORS AND SUPPLIERS PROVIDE THE GAME "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE GAME (B) THERE IS NO REPRESENTATION OR WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT, WITH REGARD TO THE GAME; (C) THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF USE OR PERFORMANCE, OF THE GAME, REMAINS WITH YOU; AND (D) CRYPTIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED.
9. Exclusion of Incidental, Consequential, and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRYPTIC OR ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR: (A) ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER; (B) ANY DIRECT OR INDIRECT DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE OR NEGLIGENCE; OR (C) ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE GAME, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CRYPTIC OR ANY SUPPLIER, EVEN IF CRYPTIC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL OTHER DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CRYPTIC AND ANY OF ITS LICENSORS, SUPPLIERS AND AFFILIATES UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, You will not, and You will require Your representatives not to, export, direct or transfer the Game, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
12. U.S. Government Rights. If You are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Game is "commercial computer software" and "commercial computer software documentation," and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Game are governed by the terms of this Agreement.
13. Questions. Should You have any questions concerning this Agreement, or if You desire to contact Cryptic for any reason, please send Cryptic an email message at: support@startrekonline.com.
14. Successor Agreements. This Agreement may change in the future. In such case, and when appropriate, Cryptic will obtain Your acceptance prior to the revised version of this Agreement going into effect. You agree that after receipt of any revised version of this Agreement, You will be deemed to have accepted this revised version unless and until Cryptic receives written notice from You informing Cryptic that You do not accept the revised version of the Game and that You have removed the Game from Your computer. Failure to remove and destroy the Game from Your computer will be deemed an acceptance of the revised version of this Agreement. Except as provided in this section, this Agreement may not be revised except in writing signed by all relevant parties.
15. Trademarks. "Cryptic Studios" is a trademark of Cryptic Studios.
16. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the San Francisco, California, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by You except with Cryptic’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
BY CLICKING THE “I ACCEPT” BUTTON LOCATED AT THE END OF THIS AGREEMENT THAT APPEARS ONLINE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE GAME (AS HEREINAFTER DEFINED) WILL NOT BE INSTALLED ON YOUR COMPUTER.
BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT (1) YOU HAVE CAREFULLY READ AND REVIEWED THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, (4) BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.
