This End User Licence Agreement (“Agreement”) describes the terms and conditions upon which you are granted access to use a multi-user online service and its programs (“Services”)on the website operated by ST Electronics (Training and Simulation Systems) Pte. Ltd. (“STEE-T&S”) or on behalf of its partners. (“Website”). Prior to using the Services, you are required to indicate your acceptance to these terms and conditions and create and register an account with your personal particulars with us(“Account”). By clicking on the "I Accept" button, you agree to these terms and conditions. By clicking on the "Decline" button, you choose to disagree with these terms and conditions in which case you will be prohibited from accessing or using this Website. We may at our sole discretion, amend this Agreement from time to time, which amendments are effective upon posting or by communication to you through any written contact method which you have registered with us. Your continued use of the Account, the Services or access to this Website shall be deemed conclusive acceptance of the terms and conditions herein, as amended from time to time.
If you do not agree to the terms and conditions of this Agreement or this Agreement is terminated for any reason or your access to this Website and the use of the Services are terminated for any reason, you are to immediately stop accessing this Website and using the Services and if you have previously installed or downloaded any programs from this Website (“Programs”), you are to immediately, delete, remove and uninstall the said Programs from your computer systems, media or other device containing the same. In the event you choose not to accept this Agreement but by technical means or otherwise bypassed/disabled the "I Accept" button, by installing, copying, downloading, accessing or otherwise using the Programs, you shall still be deemed to have agreed to be bound by the terms and conditions of this Agreement. You acknowledge that you agree to these terms and conditions every time you enter or re-enter this Website.
STEE-T&S and/or its partners (collectively referred to as “Publisher”) have designed and developed this Website and the Services. All copyright, trade mark, design, patents and intellectual property of whatever form and nature residing in this Website and the Services (“Intellectual Property”) are the sole property of the Publisher. Hence, only the Publisher has the exclusive rights to publish, market, host and distribute this Website and the Services. In the event that you should infringe any Intellectual Property, you acknowledge and agree that such infringement will cause irreparable damage to the Publisher for which monetary damages would not be an adequate remedy and as such that you will not object to any application made by the Publisher to court for temporary or permanent injunctive relief to stop your breach or further breaches. This is without prejudice to he Publisher’s right to recover damages or to pursue any other right or remedy available to the Publisher at law or in equity.
By accessing this Website and the Services, you represent, warrant, undertake, agree and/or acknowledge that:
(A) as at the date of accessing this Website and the Services, you have attained the age of eighteen (18) years or more and have the legal capacity required under applicable laws to enter into this Agreement. IF YOU ARE UNDER 18 YEARS OF AGE OR DO NOT HAVE THE LEGAL CAPACITY REQUIRED UNDER APPLICABLE LAWS TO ENTER INTO THIS AGREEMENT, YOU MAY ONLY ACCESS THIS WEBSITE AND THE SERVICES UNDER THE GUIDANCE AND SUPERVISION OF YOUR PARENT OR GUARDIAN.
(B) the Programs contained on this Website shall run from the time you install, copy, download, access or otherwise use the same and may at any time, be terminated unilaterally by the Publisher at its sole discretion for any reason without prior notice or any form of compensation or explanation whatsoever.
(C) save as expressly provided herein, the Publisher has not made any promises, guarantees, representation, whether express or implied regarding any other form of consideration by virtue of you accessing this Website and the Services.
(D) the Publisher may, at its sole discretion, terminate this Website and/or the Services, suspend or terminate your Account or your access to this Website and the Services at any time without prior notice or any form of compensation or explanation whatsoever. In particular, the Publisher may at its sole discretion, suspend or terminate your Account or your access to this Website and the Services if you are found to have modified or the Publisher has reasonable cause to believe that you have modified this Website, the Services, the Programs and/or the Materials or not complied with the Program Code of Conduct as set out at Annex C in any manner without prior notice or any form of compensation whatsoever.
(E) in the event that you receive any materials from the Publisher (“Materials”), you are granted the revocable, limited, non-transferable right and license to install the Materials onto a single computer and use the Materials for the sole purpose of accessing this Website, its Programs and Services in the manner as permitted herein. You may not use, copy, modify, sell, lease, rent, distribute, transfer or disclose any part of the Materials except as provided in this Agreement. All rights reserved. In particular, the following shall apply:
1.1 You shall not:
a) Sublicense to, transfer, distribute or permit use of the Materials by, any third party;
b) Reverse engineer, decompile, or disassemble the Materials;
c) Make copies of the Materials other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that you include on the back-up copy all copyright and other notices that are included on the Materials; and
d) Share your Account with any third party.
1.2 You (a) agree to indemnify, defend and hold the Publisher harmless from and against all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys and expert witnesses) which result from any breach or alleged breach of any of your covenants, representations, warranties or obligations herein, and (b) hereby release, the Publisher and its direct and indirect parents, subsidiaries, affiliates and sister corporations, and their respective officers, directors, employees and agents, from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) whatsoever and howsoever arising out of or in connection with the use of the Materials and/or your participation in any of the Programs.
1.3 ALL OF YOUR FEEDBACK, WHICH SHALL INCLUDE THOSE PROVIDED BY YOU PURSUANT TO PARAGRAPH 6.1 BELOW (“Feedback”) SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF THE PUBLISHER AND/OR ITS LICENSORS OR LICENSEES, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE FEEDBACK, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO TO THE PUBLISHER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE PUBLISHER AND/OR ITS LICENSORS OR LICENSEES SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF YOUR FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have right to enter into this Agreement and to assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
1.4 You may be required to provide to the Publisher, certain personally identifiable information ("Personal Information"). Personal Information collected by the Publisher will be treated with the highest confidentiality. The Publisher will not share or disclose your Personal Information, except in the following cases:
- when you have given your prior agreement to share this information;
- when the Publisher must share this information with its suppliers, service providers and in particular technical service providers, sellers, buyers, in order to enable you to use the Materials;
- when the Publisher is obligated to do so by a legal authority or by law;
- when such information has become public and available in the public domain. Furthermore, you acknowledge and agree that your communications with other users or with the Publisher via chats, conferences, bulletin boards, and any other avenues of communication within this Website, the Services or any of the Programs are public and not private communications, and that you have no expectation of privacy concerning your use of this Website, the Services or any of the Programs (including, any character data or communication). You further acknowledge and agree that the Publisher reserves the right to monitor and publish any such content and communications.
1.5 Term of the Agreement. Your participation in any of the Programs, and the grant of the limited license herein, may be terminated by the Publisher at any time, for any reason or for no reason, in the Publisher's sole and absolute discretion. You may, at any time and for any reason or for no reason, terminate your participation in any of the Programs by providing written or email notice to the Publisher. The termination of your participation in any of the Programs however, shall not modify or supersede the survival provision in paragraph I below. Upon termination of any of the Programs or your participation in it for any reason as provided herein, all license rights granted hereunder shall terminate immediately.
2.1 "Confidential Information" shall mean (a) any and all information relating to, contained in or relayed through any software, this Website, the Services and any of the Programs, including, without limitation, information relating to (i) the performance, capabilities and contents of the Materials, (ii) your Feedback, (iii) any other Program participant's Feedback, and (iv) any of the Publisher’s employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to this Website, the Services, the Programs or business operations of the Publisher. Without limiting the generality of the foregoing, please review Annex B below for a list of examples of Confidential Information. The list in Annex B is not exhaustive and is provided for reference and as an example only. You shall use best efforts to safeguard and to prevent unauthorized use or disclosure of the Confidential Information, unless otherwise expressly authorized in writing as provided in paragraph 2.3 below.
2.2 You shall keep the Confidential Information in confidence and shall not publish, disclose, distribute, transmit, post or otherwise make available, directly or indirectly, any Confidential Information to any third party except as otherwise expressly set forth herein. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that (a) you give the Publisher prompt written notice of such order so the Publisher has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide the Publisher with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and (c) you disclose only such portion of the Confidential Information as is either permitted by the Publisher or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by the Publisher.
2.3 You may disclose the information that is specifically identified in Annex A, if any, on online message boards, forums or other similar venues in accordance with the restrictions set forth in Annex A and this Agreement. Said restrictions are to be applied no matter whether the venue is open to the general public or with access that is regulated and/or restricted. The Publisher reserves the right to amend Annex A from time to time upon written notice to you. Notwithstanding anything contained herein to the contrary, you shall not make any false statements to anyone about the Publisher, its licensors, the Program, other participants in the Program, or any of the Publisher’s products or services, including this Website, the Services and the Programs.
3 Except for the revocable, limited, non-transferable license expressly granted hereunder, the Publisher retains all right, title and interest in and to the Materials and all copies thereof, and all data in connection therewith. This Website, the Services, the Programs and Materials provided hereunder are copyrighted and are protected by Singapore copyright laws, international treaty provisions and applicable intellectual property laws. You acknowledge that the Publisher and/or its licensors own all intellectual property rights in and to the Materials, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Materials. You agree that this Agreement shall be retained with all printed and electronic copies of the Materials and documentation constituting the Materials. You agree to prevent any unauthorized copying of the Materials. Except for the revocable, limited, non-transferable license as expressly provided herein, the Publisher does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of the Publisher, and/or its licensors. You further agree that the Publisher and/or its licensors or licensees own all right, title, and interest in any and all of your Feedback, without any remuneration, compensation or credit to you. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned. You agree at the Publisher's request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce the Publisher's and/or its licensor's ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by the Publisher in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint the Publisher as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no consideration shall be payable to you at anytime in connection therewith. You will acquire no right to use, and will not use without the Publisher's prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of the Publisher or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assigns, successors, licensors or licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in any manner other than in accordance with this Agreement.
4 You acknowledge and agree that a breach or threatened breach of paragraphs H, sub-clause 1-3 of this Agreement will cause irreparable injury for which monetary damages would not be an adequate remedy and that as such the Publisher shall be entitled to any application made by the Publisher to court for temporary or permanent injunctive relief to stop your breach or further breaches. This is without prejudice toe Publisher’s right to recover damages. This is without prejudice to the Publisher’s right to recover damages or to pursue any other right or remedy available to the Publisher at law or in equity.
5.1 YOU ACKNOWLEDGE THAT THIS WEBSITE, THE SERVICES, THE PROGRAMS AND MATERIALS ARE WHOLLY OWNED BY THE PUBLISHER. YOU ACKNOWLEDGE THAT THIS WEBISTE, THE SERVICES, THE PROGRAMS AND MATERIALS MAY CONTAIN ERRORS AND DEFECTS AND ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WHILST THE PUBLISHER IS CURRENTLY GRANTING YOU ACCESS TO THIS WEBSITE, THE SERVICES, THE PROGRAMS AND MATERIALS AVAILABLE FOR PLAY WITHOUT CHARGE UNTIL 31 MARCH 2011, YOU AGREE THAT IT IS NOT OBLIGED TO DO SO AND THAT IT IS ENTITLED AT ANY TIME, TO AMEND THIS AGREEMENT AND IMPOSE CHARGES FOR ACCESS TO THIS WEBSITE, THE SERVICES, THE PROGRAMS AND MATERIALS FOR PLAY WITHOUT CHARGE OR NOT TO MAKE THEM AVAILABLE AT ALL.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THIS AGREEMENT, THIS WEBSITE, THE SERVICES, THE PROGRAMS AND MATERIALS PROVIDED HEREUNDER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE PUBLISHER’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED FIFTY SINGAPORE DOLLARS (S$50.00).
5.3 The Publisher does not provide any support for this Website, the Services, and the Programs. However, the Publisher may provide an e-mail address and/or a private message board for you to send any questions and/or comments regarding the Materials. The Publisher does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to your e-mail(s) and/or board postings.
5.4 You acknowledge that any data, or any other value or status indicators that you achieve through playing via this Website, the Services, and the Programs may be erased or modified at the Publisher's sole discretion at any time.
6.1 It is understood and agreed to that all changes, improvements, additions to this Website, the Services, the Programs notified by you to the Publisher and that any such material which you may provide to the Publisher in any form whatsoever, including but not limited to email, text messages on message boards and/or oral become the sole property of the Publisher. The foregoing materials shall be deemed Feedback as such term is defined in paragraph 1.3 above. You hereby waive any rights to the Feedback or any remuneration for the Feedback. The Publisher shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback and you hereby grant the Publisher a license to attribute such Feedback to you.
6.2 It is understood and agreed that, as part of your participation in any of Programs, it is your responsibility to report all known bugs, abuse of 'bugs', 'undocumented features' or other defects and problems related to this Website, the Services, and the Programs to the Publisher as soon as they are found ("Bugs"). If you know about a Bug or have heard about a Bug and fail to report the Bug to the Publisher, we reserve the right to treat you no differently from someone who abuses the Bug. You acknowledge that the Publisher reserves the right to lock anyone caught abusing a Bug, out of all the Publisher’s products.
6.3 It is understood and agreed to that at the request of the Publisher, you shall return to the Publisher any and all copies of the Programs and the Materials. The return of the Programs and the Materials shall not affect your obligations to treat the Confidential Information disclosed to you as confidential.
6.4 You acknowledge and agree that your participation in any of the Programs and use of the Materials are governed by this Agreement and any other additional membership terms or end user license agreement that are shown to you during the registration or installation process.
(I) Survival. The provisions of paragraphs H, sub-clauses 1.1, 1.2, 1.3, 2, 3, 4, 5, 6.2, 6.3, 6.4, (I), (P) and (K) shall continue in full force and effect even after (a) this Agreement has been terminated and/or (b) your access to this Website has been terminated.
(J) This Agreement constitutes the entire agreement between the parties and supersedes and cancels in all respects all previous agreements and undertakings between the parties hereto with respect to the subject matter hereof whether such be written or oral. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
(K) In the event that you violate any of the terms set forth in this Agreement you hereby acknowledge and agree that the Publisher may remove your access to this Website as well as subject you to any legal proceedings or remedies.
(L) The Publisher will not be liable for any delay or failure to perform its obligations pursuant to this Agreement as a result of any cause beyond its reasonable control; including but not limited to acts of God, acts of governments, acts of terrorism, hostilities between nations, war, strikes, boycotts, lockouts, industrial and labour dispute, infectious diseases epidemics as well as travel restrictions due to such events. If such delay or failure continues for at least 90 days, either party will be entitled to terminate this Agreement by notice in writing.
(M) Save as otherwise expressly provided herein, you may not assign nor transfer your obligations under this Agreement without the prior written consent of the Publisher. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of either party.
(N) The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power privileges that it has or may have hereunder operate as a waiver of any breach or default by the other party.
(O) A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons. No consent of any third party is required for any variation or termination of this Agreement.
(P)This Agreement shall be subject to Singapore law and the parties hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
Dated this 6 day of March 2010
ANNEX A
1. The fact that you are a member of any of the Programs.
ANNEX B
Examples of Confidential Information (No Disclosure Permitted)
1. Any contact/private information for the Publisher personnel that is provided to you.
2. Any contact information (address, password, etc.) to any private areas for use in connection with any of the Programs, including but not limited to, chat, email and message boards.
3. Any information/discussions/postings from the private boards or forum for any of the Programs.
4. Any comments/information that would allow people who are not currently part of any of the Programs to gain access to the Programs or this Website through either legitimate or illegitimate means.
5. Post or distribute any screen captures, pictures, videos, podcasts, screenshots or any other representations, known or unknown, of any content in this Website or other Materials.
6. Post or distribute any pictures or screenshots of the revised character models in this Website or other Materials.
7. Any public posting or commentary of this Website based on your participation in the Program.
8. Any comments or discussions on new player character classes, new features, or other new functionalities in this Website or other Materials.
9. Any details regarding the stability of this Website.
10. General comments about this Website’s overall development.
11. Any comments on any aspect of this Website or other Materials not covered by Annex A above.
ANNEX C
Program Code of Conduct
You agree:
1. That you are privileged guests of this Program and as guests, we expect you to exhibit and extend common courtesy to all of our personnel as well as all other users of the Program. We do not condone rude, nasty, demanding or unreasonable behaviour (“Prohibited Behaviour”). Examples of Prohibited Behaviour can be found in Annex D below. Annex D is however by no means exhaustive of all types of Prohibited Behaviour. If you are found to be exhibiting Prohibited Behaviour, we have the discretion to suspend or terminate your account
2. We value your participation, comments and invaluable inputs. If we do not agree with you, this does not mean that we do not value your continual participation, comments and inputs.
3. We value and thank you for your feedback and participation.
ANNEX D
Examples of Prohibited Behaviour:
- Indecency.
The provision of content or engaging in communication or behaviour involving profanity, nudity or depiction of sexual content is prohibited.
- Disclosure.
The sharing of personal information and real-life location beyond what is displayed on the user interface thereby violating user privacy is prohibited.
- Intolerance.
The engaging in words or actions that injure the reputation of any user or which may amount to libel, slander or defamation of individuals or groups thereby inhibiting the exchange of ideas and interactions or the use of derogatory or demeaning language or images in reference to another person’s race, ethnicity, gender, religion or sexual orientation is prohibited.
- Harassment.
The engaging in communication or behaviour which is offensive, intimidating, threatening or engaging in communication or behaviour that constitutes unwelcomed sexual advances or a request for sexual favours or is otherwise likely to annoy other users and/or amounts to stalking behaviour is prohibited. The engaging in remote monitoring of conversations between other users without their consent is also prohibited.
- Disputes.
Being involved in a disagreements with one or more persons/parties resulting in public (within the virtual world) show of unhappiness use of profanity or otherwise unnecessarily involve or inconvenience innocent third parties is prohibited. The disputes may occur between individual users, an individual user and a moderator.
- Disturbing the Peace.
The engaging in behaviour involving disruption of enjoyment and use of the Programs by users, which shall include, without limitation to repeated transmission of unsolicited or undesirable advertising, ambushed marketing, use of virtual objects or the doing of any act or thing that intentionally slows server performance or inhibits other users’ experience is prohibited.
- Fraud.
The engaging in behaviour involving defrauding another user into revealing his loginname and password by impersonating as a moderation team member and/or other user or defrauding another user of his property by any means.
8. Illegality.
The engaging in any behaviour or the doing of any act or thing that may amount to illegal activity punishable as an offence under the applicable laws of any country.
|