FR EN DE ES IT PT

THIS CONTRACT IS IMPORTANT! 

This end user license agreement (hereinafter the “EULA” or the “Agreement”) governs the use of video games for mobile devices as well as their upgrading, corrections and updates (hereafter the “Game”) that are supplied currently and shall be subsequently by the company Ankama Games (hereafter “Ankama”, the “Company” or “Us”) and that shall offer a link to this EULA.
For the purposes of this EULA, “mobile device” means any mobile device capable of connecting to the Internet to access the Game (mobile phones, tactile tablets, personal digital assistants…).
If you have not reached the age of majority in your country of habitual residence, then please be aware that your legal representative (parent or guardian) must read and accept the terms of this Agreement before the Game is downloaded or installed.
The installation, copying and/or use of the Game in any other way shall indicate your acceptance of all the rules provided in this Agreement. If you disagree with these provisions, you are not authorised to download and/or install the Game.

 

1. LICENCE

Subject to compliance with the terms of this Agreement, Ankama grants you a limited, non-exclusive, non-transferrable and personal license to download, install and use the Game for your personal private and non commercial use.
The Game is granted under license but it not sold. You acknowledge hereby that no property right attached to the Game is transferred or assigned and that this EULA must not be interpreted as a transfer of rights on the Game.
Unless otherwise specified in this EULA, all of the rights that are not attributed to you in the framework of the EULA are expressly reserved by Ankama.

2. LIMITS OF USE

You renounce:

  • submitting the Game to reverse engineering operations, disassembling, decompiling, translating or modifying in any other way all or part of the Game;
  • creating works derived from the Game;
  • creating or reproducing elements of works taken from the Game without the prior written authorisation of the Company and not to create or distribute unauthorised levels and/or scenes;
  • selling, granting a sublicense, distributing, renting, leasing, marketing, assigning or transferring in any other way the Game or one of its parts, or your rights relating to the Game, to a third party;
  • creating, using or promoting any program or tool likely to cause damage to the Game or altering the experience of the Game, such as, in a non-exhaustive way, bots, viruses, Trojan horse, piracy tools, means of cheating, automation software, modification software or other non-authorized software, intended to modify the Game;
  • deleting, modifying or hiding any mention of copyright, trademark right or other mention of property rights that feature in or on the Game;
  • transporting, exporting or re-exporting the Game in infringement of the applicable laws or regulations.

3. RULES OF CONDUCT

The use of our Game must be made in accordance with the applicable laws and regulations. To ensure the best experience of the game possible for all users, you undertake furthermore to comply with certain rules of conduct:
-    You undertake not to insult, threaten the other users or employees of the Company or to make racist, shocking, offensive, discriminatory remarks or those contrary to French, European or international laws, and this whatever the language used;
-    You also undertake not to send “spams”, “floods”, commercial offers of any kind to other users; threaten, harass or embarrass the other users by any means whatsoever; make available to other users personal information about yourself or about another user;
-    You renounce from proceeding with any form of advertising or commercial promotion in the game via means of communication that could be made available to you in the framework of the Game;
-    You accept not to use loopholes, bugs or any other form of error to obtain game advantages, or to promote the use. Likewise, you undertake to immediately warn Ankama when you observe a loophole or error in the Game;
-    You renounce from participating, organizing or being involved in an attack against Ankama servers.

 

 

 

4. GAME ACCESS

The Company authorizes you to install the Game on any mobile device you are the owner of or for which you have such rights that authorize you to install computer programs and to preserve these files for the purposes of backup.
To use the Game, you must have access to an electronic communication network. Connection costs are borne by you. You acknowledge that the quality of the game, the response or access time for certain functionalities may depend on the capacities of your mobile device and the electronic communication network. You acknowledge that the Game may not be available on all mobile devices.
 

5. INTELLECTUAL PROPERTY/ TRADEMARKS 

All rights relating to the Game and its elements, functionalities, tools, documents (non-exhaustively any title, computer code, theme, object, character, character name, story, dialogue, slogan, concept, work of art, animation, sound, musical composition, audiovisual effect, operating means, moral rights, documentation, transcription of conversation in the Game, information relating to the profile of a character, recording or repetition of parts of the game and the server software), as well as all trademarks are protected by French and international copyright and intellectual property laws and belong to the Company.
Any reproduction or representation of these elements in any way and for any reason whatsoever is prohibited without prior authorization from Ankama.
 

6. UPDATES

In order to improve the gaming experience, Ankama reserves the right to make upgrades, corrections and updates to the Game. The Game, its upgrades, corrections and updates constitute an indivisible whole, inseparable from its components and that all remain subject to this Agreement. 

7. LIMITATION OF GUARANTEE

The use of the GAME is carried out under YOUR full responsibility and at YOUR riskS AND PERILS.
The GAME is provided “as is”, without any guarantee of any kind, express or implied.
Within the limits required by law, Ankama excludes any guarantee RELATING TO THE GAME, NOTABLY ANY GUARANTEE of the market value of quality, SUITABILITY for a particular use, OWNERSHIP AND ABSENCE OF COUNTERFEITING, e.
Ankama does not guarantee that the operation of the GAME will be uninterrupted and error-free, THAT THE ERRORS SHALL BE CORRECTED OR THAT THE GAME DOES NOT INCLUDE VIRUSES OR OTHER PREJUDICIAL COMPONENTS. Furthermore, the Company does not guarantee that the Software will operate on all types of MOBILE DEVICES.
As some countries do not allow the exclusions or limitations of guarantee mentioned in this clause, it is possible that they do not apply to YOU.

8. LIMIT OF LIABILITY

Unless otherwise provided by law or special terms expressly provided between Ankama and YOU, Ankama shall not be held liable in any way at all for losses or damages of any kind whatsoever (included but not limited to indirect, incidental or consecutive damages for loss of earnings, non-operation, loss of data, loss of clients or any pecuniary loss) arising from the use, impossibility of use, possession or incorrect use of the GAME and this is even if Ankama had been notified of the possibility of such damage. Ankama releases itself of any liability in the case of use of the GAME that is inconsistent with this Agreement.
Some countries do not authorise exclusions or limitations of liability. Thus, the limitations or exclusions mentioned may not apply to you.
SUBJECT TO THE ABOVE PROVISIONS, IF ANKAMA IS HELD LIABLE DUE TO YOUR USE OF THE GAME, THE AMOUNT OF THE COMPENSATION YOU MAY CLAIM IS LIMITED TO THE AMOUNT OF THE SUMS YOU HAVE PAID TO ANKAMA FOR THE GAME.
 

9. TERM AND TERMINATION

9.1 This Agreement comes into force on the day of your acceptance thereof until it is terminated.
9.2. You may terminate this Agreement at any time by removing or uninstalling the Game from your mobile device.
9.3 The Agreement shall be terminated automatically on the date on which Ankama stops offering the Game. The Company may also terminate this Agreement with immediate effect and without notification if you do not comply with the terms and conditions. The Company shall also reserve the right to take any measures which are necessary to remedy the damage it has suffered.  
9.4 In all cases of termination, you must immediately uninstall the Game and destroy all copies of this in your possession or under your control and stored on any medium whatsoever.

 

10. MISCELLANEOUS

10.1 Applicable law: All the Agreement is governed and interpreted in accordance with the law of your country of habitual residence.
10.2. Divisibility: If one of the terms or conditions of this Agreement is considered illegal, invalid or inapplicable with respect to the applicable law such as is defined in clause 10.1, this condition or this term shall be removed without prejudice to the application of the other provisions.
10.3. Entirety clause: This Agreement expresses the entirety of the obligations of the parties and cancels and replaces any declarations, negotiations, undertakings, oral or written communication, approval, prior agreements and contracts concerning the purpose of the Agreement and the provisions it contains.
10.4 Revision: You can refer to this EULA at any time at the address http://www.tactile-wars.com/en/eula. For technical, legal, security, best practice or regulation reasons, Ankama reserves the right to update this EULA at any time by publishing their new version at the address given above. Consequently, We invite you to regularly refer to the EULA. If you do not accept a future modification of the Agreement, you can terminate it in accordance with article 9.2 hereof and you must immediately stop using our Game. You acknowledge that by continuing to use the Game after a revision to the Agreement, you accept all the modifications made to the Agreement.
10.5 Survival of the terms: If the Agreement is terminated, clauses 2, 3, 7, 8 and 10 shall continue to apply.