Video game EULA (premium)

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.

SCHEDULE 2 (THIRD PARTY LICENCES)

Third party licences.