(678)
248.2969
●
[email protected]3750 Brookside Parkway, Suite 200, Alpharetta, GA 30022 USA
www.hirezstudios.comTribes: Ascend
®
End User License Agreement
Last
u
pdated
on November 10
, 2015
.
1.
TERMS OF AGREEMENT
.
IMPORTANT LEGAL NOTICE!
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE CLICKING THE
"
I ACCEPT
"
BUTTON
.
THIS END USER LICENSE AGREEMENT (THE
"
AGREEMENT
"
) IS BETWEEN YOU AS THE
END USER (
"
YOU
"
OR "
YOUR
"
) AND HI
-
REZ STUDIOS, INC. (
"
HI
-
REZ
,
"
"
WE
," "
US
," OR "
OUR
"
).
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT,
YOU MUST CLICK THE
"
I REJECT
"
BUTTON.
BY CLICKING THE
"
I ACCEPT
"
BUTTON
BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE PRODUCT (AS DEFINED BELOW), YOU AGREE T
O BE BOUND BY THE
TERMS OF THIS AGREEMENT, AND REPRESENT AND WARRANT TO HI
-
REZ THAT YOU HAVE
READ THIS AGREEMENT, UNDERSTAND IT, AND THAT YOU ARE AT LEAST
EIGHTEEN
YEARS OF
AGE (EVEN IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED
USER W
HO IS AT LEAST
THIRTEEN
YEARS OF AGE).
IF YOU PURCHASED THIS GAME OR OTHER DIGITAL CONTENT FROM A
THIRD PARTY RETAILER
OR DISTRIBUTOR
, REFUNDS FOR THE SOFTWARE PRODUCT ARE GOVERNED BY THAT
RETAILER’S
OR DISTRUBTOR'S
REFUND POLICY. IF YOU PURCHASED THE SOF
TWARE
PRODUCT DIRECTLY FROM HI
-
REZ AND NOT FROM A RETAILER
OR DISTRIBUTOR
, AND YOU
REJECT THE TERMS O
F THIS AGREEMENT WITHIN THIRTY
CALENDAR DAYS AFTER YOUR
PURCHASE, YOU MAY BE ELIGIBLE FOR A REFUND IN ACCORDANCE WITH HI
-
REZ’
S
REFUND
POLICY LOCATED AT <ht
tp://legal.hirezstudios.com>. PLEASE NOTE THAT ONCE YOU AGREE TO
THE TERMS OF THIS AGREEMENT, CREATE AN ACCOUNT WITH HI
-
REZ, OR ACTIVATE THE
SOFTWARE PRODUCT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEM
ENTED, OR MODIFIED AT ANY
TIME BY HI
-
REZ IN ITS SOLE DISCRETION,
INCLUDING, WITHOUT LIMITATION,
WHEN HI
-
REZ
UPDATES OR UPGRADES THE SOFTWARE PRODUCT, EFFECTIVE UPON PRIOR NOTICE AS
FOLLOWS: Hi
-
Rez will post the revised version of this Agreement on the lega
l page of the official Hi
-
Rez
website located at <http://legal.hirezstudios.com> and may provide such other notice as Hi
-
Rez may elect
in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no
longer be in c
ompliance with this Agreement, you may terminate this Agreement in accordance with
Section
9
below. Your installation and use of any of Hi
-
Rez’
s
updates, upgrades, or modifications to the
Software Product or your continued use of the Software Product following notice of changes to this
Agreement shall conclusively demonstrate your acceptance of such changes. Hi
-
Rez may change,
modify, suspend, or
discontinue any aspect of the Software Product at any time. Hi
-
Rez may also impose
limits on certain features or restrict your access to parts or all of the Software Product without notice or
liability. You have no interest, monetary or otherwise, in any f
eature or content contained in the Software
Product.
2
.
SCOPE OF AGREEMENT
.
This Agreement is a legal
contract
between you and Hi
-
Rez for the game accompanying this Agreement,
which includes the interactive entertainment software product entitled
"
Tribes: Ascend
"
in object code
format only, and the associated media, Documentation, and Updates, if any, provided by Hi
-
Rez to you
and for which you are granted a license pursuant to this Agreement (collectively, the
"
Software Product
"
).
As used in this
Agreement, "
Documentation
" shall mean the
Online Terms of Service and Use Agreement
TRIBES: ASCEND
EULA
November 10, 2015
2
(the "
Terms of Use
") and the
Online Privacy Policy
(the "
Privacy Policy
")
,
both of which are available from
the legal page of the official Hi
-
Rez website located at <http:/
/legal.hirezstudios.com>, as well as any
User Manual(s) that Hi
-
Rez makes generally available to licensees of
Tribes: Ascend
. As used in this
Agreement,
"
Updates
"
shall mean any and all patches, modifications, updates, and upgrades with respect
to the Soft
ware Product that Hi
-
Rez makes generally available to licensees of
Tribes: Ascend
. The
Software Product may only be played by obtaining from Hi
-
Rez access to the
Tribes: Ascend
game
service (the
"
Service
"
)
, which can be done by visiting
<
http://www.tribesascend.com
>
(the
"
Site
"
) or
through an authorized
distribution channel otherwise provided
by a third party
and approved by Hi
-
Rez
(e.g., Microsoft Corporation, Valve Corporation
, Sony Computer Entertainment
)
,
either of
which is subject
to
a separa
te
Terms of Use
and will require you to set
up an account
with Hi
-
Rez as well as Hi
-
Rez’
s
t
hird
party payment provider(s).
The Terms of Use are incorporated int
o this Agreement by reference.
You may
access the current version of the Terms of Use at
<
http://legal.hirezstudios.com>.
The Terms of Use are
subject to change by
Hi
-
Rez with or without notice.
The Software Product and any and all copies and
derivative works of the Software Product are the proprietary and copyrighted work of Hi
-
Rez Studios, I
nc.
Any use, reproduction, modification
,
or distribution of the Software Product not expressly authorized by
the terms of this Agreement is expressly prohibited. All rights in and to the Software Product not granted
herein are hereby expressly reserved by
Hi
-
Rez.
Any
permitted
user
-
generated content based on or
included in the Software Product, through the "Steam Workshop" or otherwise, constitutes a derivative
work of the Software Product and Hi
-
Rez retains all right, title, and interest therein.
3
.
LIMITED USE LICENSE
.
By clicking the
"
I ACCEPT
"
button
and subject to the terms and conditions of this Agreement, you may
install the
applicable
software comprising
of
the Software Product (the
"
Game Software
"
) onto your
computer or
applicable hardware
device
,
solely for purposes of playing the Software Product by
registering for and accessing an account with the Service at the Site (the
"
Account
"
). Subject to your
agreement to and full ongoing compliance with the terms and conditions of this Agreement,
Hi
-
Rez
hereby grants to you a limited, non
-
exclusive, non
-
transferable license to (a) install one copy of the Game
Software on one or more computers
and/or
applicable hardware devices
owned by you or under your
legitimate control, and (b) use the Game Sof
tware in conjunction with the Service solely for your lawful
and non
-
com
mercial entertainment purposes.
You may install the Game Software on multiple computers
and/or
applicable hardware devices
owned by you or under your legitimate control, but you may on
ly
play
the Software Product on one
computer
or
one
applicable hardware device
at any single point in time. All
use of the Game Software is subject to the terms and conditions of this Agreement and the Terms of Use,
both of which you must accept before you
can use your Account
to play the Software Product
.
You agree
that Hi
-
Rez is not transferring title to the Software Product to you and that this license shall not be
considered a “sale” of the Software Product.
4
.
LICENSE RESTRICTIONS AND LIMITATIONS
.
The limited, personal use license granted to you in
Section
3
is subject to the following restrictions and
limitations
,
as well as all other terms and conditions of this Agreement (collectively, the
"
License
Limitations
"
). You agree that you will not, unde
r any circumstances:
a.
sell, sublicense, assign, rent, lease, or otherwis
e transfer the Software Product
,
except as expressly permitted by this Agreement;
b.
reverse engineer, decompile, disassemble
,
or otherwise derive source code from the
Software P
roduct or reduce the Software Product to a human
-
readable form, except to the extent that
such actions are expressly permitted by applicable law;
c.
copy, photocopy
,
or
reproduce the Software Product
, in whole or in part; provided,
however, that you may
make one (1) copy of the Game Software and the
User M
anual for archival
purposes only;
TRIBES: ASCEND
EULA
November 10, 2015
3
d.
modify, translate
,
or create derivative works based on or utilizing the Software
Product, Service
,
or Software Product experience, or any portion thereof;
e.
remove or tamper with any copyright
, trademark,
or other proprietary notices
contained in or relating to the Software Product, Service
,
or Game experience, or any portion thereof;
f.
use cheats, automation software (bots), hacks, mods
,
or any other unaut
horized
third
-
party software, tools
,
or content designed to
or capable of
modify
ing
the Software Product, the
Service
,
the Site,
the
Tribes: Ascend
experience
, or any portion thereof
;
g.
exploit the Software Product, the Service, the
Tribes: Ascend
exper
ience
,
or any
portion thereof for any commercial purpose, including
,
without limitation, (i) use at a cyber cafe,
PC bang,
computer gaming center
,
or any other location
-
based site without the express written consent of Hi
-
Rez;
(ii) for gathering in
-
game cu
rrency, items
,
or resources for sale outside the Software Product
or inside the
Software Product but outside a virtual marketplace owned and maintained by Hi
-
Rez
; or (
iii
) performing
in
-
game services in exchange for payment outside the Software Product (e.
g., power
-
leveling and similar
activities);
h.
use any unauthorized third
-
p
art
y software that intercepts, "
mines
,
"
or otherwise
collects information from, within
,
or through the Software Product or Service, including
,
without limitation,
any software tha
t reads areas of RAM used by the Software Product to store information about a
character, in
-
game items
,
or the Software Product environment; provided, however, that Hi
-
Rez may, in
its sole discretion, allow the use of specified third party user interfaces
and/or permit certain "data
-
mining"
activities on a case
-
by
-
case basis
;
i.
modify, or allow or cause to be modified, any files that are a part of the Game
Software in any way not expressly authorized by Hi
-
Rez in writing in each instance;
j
.
host, pro
vide
,
or develop matchmaking services for the Software Product or Service
or intercept, emulate
,
or redirect the communication protocols used by Hi
-
Rez in any way, for any
purpose, including
,
without limitation, unauthorized play over the Internet, network
play, or as part of
content aggregation networks;
k
.
facilitate, create
,
or maintain any unauthorized connection to the Software Product or
Service, including
,
without limitation, (i) any connection to any unauthorized server that emulates, or
attempts
to emulate, the Service; or (ii) any connection using programs or tools not expressly approved
by Hi
-
Rez in writing in each instance;
l
.
create any other software or content that incorporates the Software Product or
Service
,
or any portion thereof; or
m
.
sell, grant a security interest in
,
or transfer reproductions of the Software Product to
other parties in any way not expressly authorized herein, or rent, lease
,
or license the Software Product to
others.
5
.
TERMS OF USE
.
You must accept the Terms of
Use
and create an Account in order to access the Service
and play the
Software Product.
The Terms of
Use governs all aspects of game
play. You may view the current Terms
of Use
here
:
<
http://legal.hirezstudios.com>
.
6
.
INTELLECTUAL PROPERTY RIGHTS
.
a.
The Software Product is protected by copyright laws and international copyright
treaties, conventions
,
and other applicable law. As between you and Hi
-
Rez, Hi
-
Rez shall exclusively
retain all right, title
,
and interest
in and to the Software Product
, the Service, the Site, your Account
,
and
TRIBES: ASCEND
EULA
November 10, 2015
4
any and all modifications and improvements thereto and copies and derivative works thereof, including
,
without limitation, any Software Product content, Updates
,
and D
ocumentation pr
ovided to you.
The
Software Product may contain materials licensed by third parties, and the licensors of those materials
may enforce their rights in the event of a
ny violation of this Agreement.
You will not obtain any ownership
rights whatsoever in your
Account, the Software Product, the Service, the Site, your Account or game
content, Updates
,
or Documentation.
b.
Tribes: Ascend
®
, Tribes™,
and certain related names and logos are
the
registered
trademarks
or trademarks, service marks
, and/or trade names
of Hi
-
Rez.
These and all other trademarks,
service marks
,
and tra
de names used by
or in connection with the Software Product (the “
Marks
”) are
proprietary rights owned by Hi
-
Rez or its licensors.
c.
As between you and
Hi
-
Rez, you acknowledge Hi
-
Rez’
s
exclusive rights in and to the
Software Product and that the Software Product is unique and original to Hi
-
Rez and that Hi
-
Rez is the
exclusive owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the
effective term
of this Agreement, dispute or contest,
directly or indirectly, Hi
-
Rez’
s
exclusive right, title
,
and interest in and to the Software Product or the validity thereof. You agree to promptly assign to Hi
-
Rez
any and all rights that you may obtain in or to the
Software Product arising under applicable law and you
hereby appoint Hi
-
Rez as your attorney in fact for such purpose.
d.
You may permanently transfer all of your rights and obligations under this Agreement
to another person only by
(i)
where applicable
,
physically transferring the original media (e.g., the CD
-
ROM or DVD you purchased), all original packaging, and all
User M
anual(s) and Documentation
distributed with the Software
Product, or (ii) contacting Hi
-
Rez and obtaining written approval for the
t
ransfer
; provided
in both instances
, however, that you permanently delete all copies and installations of
the Software Product in your possession or control, and that the recipient agrees to and accepts the
terms of this Agreement. However, your Account wi
th Hi
-
Rez is not transferable.
The transferor (i.e., you),
and not Hi
-
Rez, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings,
assessments, and the like, together with any interest, penalties, and additions imposed in connec
tion with
such transfer.
7
.
PRE
-
LOADED SOFTWARE
.
The media on
or method by
which the Game Software is distributed may contain additional software
and/or content for which you do not have a license (the
"
Locked Software
"
), and you agree that Hi
-
Rez
may install the Locked Software onto your
computer or
applicable hardware device
during the Game
Software installation process. You also agree that you will not access, use, distribute, copy
, or
display the
Locked Software, unl
ess and until you receive from Hi
-
Rez (a) a license to use that Locked Software; and
(b)
if and where applicable,
a valid alphanumeri
c key with which to unlock it.
If you receive a license
and
/or
a key from Hi
-
Rez, you may only unlock those portions of a s
ingle copy of the Locked Software for
which you received a license, and the License Limitation set forth in
Section
4
shall apply. The terms of
any End User License Agreement displayed after the Locked Software is unlocked will replace and
supersede this A
greement, but only with regard to the Locked Software for which you receive a license.
Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for
archival purposes only.
8
.
CONSENT TO MONITOR
.
WHEN RUNNING,
HI
-
REZ MAY MONITOR YOUR USE AND PLAY OF THE SOFTWARE PRODUCT
AND COLLECT DATA REGARDING YOUR USE AND PLAY OF THE SOFTWARE PRO
DUCT IN
ACCORDANCE WITH HI
-
REZ’
S
PRIVACY POLICY, A CURRENT COPY OF WHICH MAY BE
ACCESSED AT
<
http://legal.hirezstudios.com>
.
IN ADD
ITION, THE SOFTWARE PRODUCT
AND ANY
RELATED HI
-
REZ SERVICES
MAY MONITOR
EACH OF
YOUR
HARDWARE DEVICE'S
RANDOM
ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING
CONCURRENTLY WITH THE SOFTWARE PRODUCT. AN “
UNAUTHORIZED THIRD PARTY
PROGRAM
” AS
USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE