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Video game EULA (premium)

This is an end user licence agreement (EULA) for video games.

At the centre of the EULA is the licence, granted by the publisher or developer to the customer, allowing the customer to install and use the game. This licence may be restrictive or permissive. A more restrictive licence may limit the devices upon which the game may be installed and the classes of person who may play the game.

Several of the provisions of the EULA assume that the video game will be delivered online, whether directly or through a third party distribution system. That said, the EULA may also be used in relation to games provided on a disk or other physical media.

The EULA includes optional provisions relating to updates, online services, user content, intra-user communications, modding, editing tools and digital credits.

Whilst this video game EULA does take account of (UK) consumer protection legislation insofar as it relates to the licensing of the video game, it may not be appropriate to include terms relating to the contract of sale for the game. For example, if the video game is being distributed via a third party distribution platform, then the relevant third party's terms and conditions may cover distance selling compliance and similar legal issues.

The EULA assumes that all customers will be individual consumers, not businesses.

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Video game EULA (premium) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term (indefinite).
  3. Licence: grant of licence to use video game; video game licence limitations; video game licence prohibitions; activation code for video game; agreement to third party licences.
  4. Online Services: video game to be used with online services;
    User
     responsible for internet connection; charges for online services; availability of online services; use of online services not excessive; online services subject to acceptable use provisions; non-renewal or termination of online services.
  5. Acceptable use: acceptable use prohibitions (video game); behavioural rules for video game;
    Licensor
     must not cheat at video game; specific prohibitions on cheating at video game; video game cheat detection software; consequences of breach or video game cheating; no circumvention of video game bans.
  6. User Content: no transfer of ownership rights in 
    User
    content; licence of
    User
    content; sub-licensing of
    User
    content; right to bring proceedings in respect of
    User
    content; waiver of moral rights in
    User
    content; no unlawful
    User
    content;
    User
    content rules; age suitability of
    User
    content; civility and
    User
    content (video games); hyperlinking and
    User
    content; previous complaints and 
    User
    content; no professional advice in
    User
     content (video games); no spam in 
    User
    content (video game).
  7. User
     Creations
    :
    User
     creations not 
    User
     content; ownership of rights in 
    User
     creations; grant of licence to create 
    the User
     creations; prohibitions on use of 
    User
     creations; no commercial exploitation of 
    User
     creations; no damaging use of 
    User
     creations; application of content rules to 
    the User
     creations;
    User
     creations and credit for 
    Licensor
    ; discretionary termination of licences.
  8. User
     Communications
    :
    User
     communications licensing override; licence to use 
    User
     communications; monitoring etc of 
    User
     communications;
    Licensor
     not responsible for user communications in video game;
    User
     communications not private; profanity filters on 
    User
     communications.
  9. Mods: mods not 
    User
     content; ownership of rights in mods; grant of licence to create mods; prohibitions on use of mods; no commercial exploitation of mods;
    Licensor
     not responsible for mods; application of content rules to mods; video game mod credit for 
    Licensor
     ; discretionary termination of licences.
  10. Editing Tools: grant of licence to use editing tools; no sub-licensing of software (secondary); editing tools licence prohibitions; no damaging use of editing tools; editing tools subject to acceptable use provisions; discretionary termination of licences (no survival).
  11. Feedback:
    User
     may provide feedback; no obligations in relation to feedback.
  12. Updates: no obligation to provide updates; obligation to apply updates to video game; consequences of failure to apply update to video game; automatic application of updates.
  13. Support Services: discretion to provide support services; support services to be provided remotely; no guarantees in relation to support services.
  14. Credits: opportunity to acquire credits; licence to use credits; ownership of rights in credits; credits not refundable etc; credits not redeemable for money; credits to be used only for purchases; prohibitions on use of credits;
    Licensor
     rights in relation to credits; credits upon termination; use of technical measures to enforce provisions.
  15. Distribution Platforms: application of video game distribution platform terms and conditions; conflict with distribution platform terms and conditions;
    Licensor
     benefits from video game distribution platform terms and conditions; matters covered by the distribution platform terms and conditions; rights of distribution platform operator.
  16. Intellectual Property Rights: no assignment of 
    Licensor
    intellectual property rights; all rights in video game reserved.
  17. Warranties: infringement of intellectual property rights by video game; second party warranty of authority; exclusion of implied warranties and representations.
  18. Acknowledgements and warranty limitations: minimum requirements for video game; video game not error free; video game not entirely secure.
  19. User
     indemnity:
    second party indemnifies first party (video game).
  20. Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; per event liability cap.
  21. Termination: automatic termination upon breach by second party; termination by first party upon breach; distance contract order cancellation results in 
    EULA
     termination.
  22. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; video game licence on contract termination; video game copies on contract termination.
  23. Third party websites: third party websites in video game: hyperlinks not recommendations; third party websites in video game: no control or liability.
  24. Equitable relief: injunctive or other equitable relief.
  25. General: no waiver; severability; asymmetric variation via notice or website (video game); asymmetric assignment of contractual rights (B2C); no third party rights; entire agreement; governing law; exclusive jurisdiction (B2C).
  26. Interpretation: statutory references; section headings not affecting interpretation; no ejusdem generis.

SCHEDULE 1 (DIRECT PURCHASING)

  1. Introduction: application to direct purchases.
  2. Order process: video game advertisement as invitation to treat; no contract of sale except in accordance with order process; order process; input error correction and identification.
  3. Charges: obligation to pay charges in advance; amounts inclusive of UK VAT.
  4. Distance contracts: cancellation right: distance contracts: cancellation right for consumers for services or digital content; cancellation right for services and digital content; consumer agreement to provision of services; consumer agreement to provision of digital content; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  5. Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number; link to ODR website; name and URL of ADR provider.

SCHEDULE 2 (THIRD PARTY LICENCES)

    Third party licences.
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