Video game EULAs

Video game EULA (basic) 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.
4. 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.
5. Intellectual Property Rights: no assignment of 
   Licensor
   intellectual property rights; all rights in video game reserved.
6. Warranties: infringement of intellectual property rights by video game; second party warranty of authority; exclusion of implied warranties and representations.
7. Acknowledgements and warranty limitations: minimum requirements for video game; video game not error free; video game not entirely secure.
8. 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.
9. Termination: automatic termination upon breach by second party; termination by first party upon breach.
10. 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.
11. 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).

Video game EULA (standard) 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; no unlawful
   User
   content;
   User
   content rules; age suitability of
   User
   content; civility and
   User
   content (video games); no spam in 
   User
   content (video game).
7. 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.
8. Support Services: discretion to provide support services; support services to be provided remotely; no guarantees in relation to support services.
9. 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.
10. Intellectual Property Rights: no assignment of 
    Licensor
    intellectual property rights; all rights in video game reserved.
11. Warranties: infringement of intellectual property rights by video game; second party warranty of authority; exclusion of implied warranties and representations.
12. Acknowledgements and warranty limitations: minimum requirements for video game; video game not error free; video game not entirely secure.
13. User
     indemnity: second party indemnifies first party (video game).
14. 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.
15. Termination: automatic termination upon breach by second party; termination by first party upon breach; distance contract order cancellation results in 
    EULA
     termination.
16. 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.
17. Equitable relief: injunctive or other equitable relief.
18. 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).
19. 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.