ARC SYSTEM WORKS [ABSOLUM] EULA - English

End User License Agreement
Arc System Works Co., Ltd.


This End User License Agreement (hereinafter referred to as "this License Agreement") sets forth the terms and conditions under which you may install and/or use multimedia programs published by Arc System Works Co., Ltd. ("ASW"), Arc System Works America Inc. ("ASWA"), or Arc System Works Co. Ltd. Asia Branch ("ASW Asia"), as applicable (in each case, "Arc System Works" or "our company").

Please read this License Agreement carefully before purchasing, downloading, or installing any Multimedia Programs. In addition, some Multimedia Programs may be subject to separate terms of use ("Separate Terms of Use"). Please review and agree to the Separate Terms of Use before purchasing, downloading, or installing such Multimedia Programs.

You hereby acknowledge that you have read and understood this License Agreement, and that by installing the Multimedia Program, you signify your agreement to be legally bound by its terms and conditions. You acknowledge and agree that this License Agreement sets forth the complete and exclusive agreement between you and Arc System Works, and that this License Agreement supersedes all prior or contemporaneous agreements, whether oral or written, and any communications that conflict with and/or are contrary to this Agreement (including any written license agreement accompanying the Multimedia Program).

If you do not agree to the terms of this License Agreement and any separate terms of use, if applicable, you are not authorized to download or install the Multimedia Program.
"Multimedia Programs" refers to all video games and game software published by Arc System Works, all components thereof (in particular, characters, scenarios, worlds, computer code, images, animations, videos, music, text, etc.), downloadable content for such games (including, but not limited to, DLC, expansion packs, battle passes, add-ons, add-on software, and other game expansion content), and all documentation therefor.

"Seller" means the online sales platform through which You have purchased the Multimedia Program. In the sales contract for the Multimedia Program, the Seller must inform You of the applicable provisions between You and the Seller, in particular the legal guarantee of conformity, the guarantee against hidden defects, the right of withdrawal and the provisions regarding renewals.

The Multimedia Programs are protected by intellectual property rights, particularly copyright, and are the exclusive property of Arc System Works, its subsidiaries, licensors or suppliers (hereinafter referred to as "Arc System Works"). Use of the Multimedia Programs is subject to the terms of this License Agreement.

1. License Prerequisites The license granted in this Agreement is conditioned upon your full compliance with, among other things, the following and all other terms and conditions set forth in this Agreement:

1.1 You are the age of majority where you reside. If you are under the age of majority where you reside, you must have your parent or legal guardian consent to be bound by this Agreement and any applicable Additional Terms.

1.2 You agree to and comply with all terms of this Agreement and any additional terms that apply to the Game.

1.3 Your access to and use of the Game is subject to certain security measures, including, but not limited to, registering the Game's serial code, continuous access to the Internet, and agreeing to certain security/digital rights management features. Your failure to agree to or fully comply with such security measures may partially or completely impair your use of the Game.

1.4 Your access to and use of the Game will comply with all applicable local, state, national and foreign laws and regulations.

1.5 You may only access and use the Game on a local computer running a validly licensed operating system for which the Game is designed (the "Supported Hardware");

1.6 Purchase and use of items requires consent to the network terms and conditions established by the operator of the operating system and platform on which the target hardware runs. Please note that usage rights for purchased items vary for each item. Unless otherwise specified, the age restrictions for in-game store content will be governed by the age restrictions for the game.

2. Limited Use License The Multimedia Programs are licensed, not sold, to you by Arc System Works, and therefore the license granted to you does not grant you any ownership or title in the Multimedia Programs.
Subject to your agreement to and compliance with the restrictions set forth in this License Agreement and Article 4, Arc System Works grants you the right to download, install, run, display, and more broadly use one copy of the Multimedia Program on one device solely for your personal, non-commercial use. The license granted is revocable, personal, non-exclusive, non-commercial, and transferable, subject to the terms of Article 8.
This License Agreement is strictly limited to the Multimedia Programs only and does not apply to any remasters, remakes, reboots, sequels (e.g., prequels, sequels, spin-offs), ports, or any other versions of the Multimedia Programs.

3. Owned by Arc System Works Arc System Works is the exclusive owner and/or licensee of all right, title, and interest in and to the Multimedia Program, and all intellectual property rights related to or connected with the Multimedia Program and its features and components.

"Intellectual Property Rights" means all intellectual and/or industrial property rights relating to the Multimedia Programme, including, but not limited to, all copyrights, neighboring rights, patents, patent applications, database rights, designs, trademarks, domain names, know-how and trade secrets relating in particular to the following elements:
  1. All content of a multimedia program (especially themes, objects, characters, character names, story, text, dialogue, points of interest, locations, illustrations, concepts, graphics, animations, sounds, musical compositions, recordings, audiovisual effects, etc.).
  2. All data and communications generated by multimedia programs.
  3. All software, computer code (source code and object code), title, method of operation, related documentation, applications, integrated interfaces, and works of creative expression contained in or integrated with the multimedia program.

4. Restrictions The license under Section 1 is granted to you subject to the following reservation:
  1. You may not copy, replicate, translate, reverse engineer, reverse compile, modify, adapt, merge, convert, disassemble or decompile the Multimedia Programs, in whole or in part, or derive the source code of, attempt to extract or use the source code from, or create derivative works based on, the Multimedia Programs, without the prior written consent of Arc System Works. You also may not remove any notices or references regarding intellectual property rights in the Multimedia Programs, without the prior written consent of Arc System Works.
  2. The multimedia program is licensed to you as a single product and its component parts may not be separated for use on more than one computer.

Under the terms of the license granted to You, the Multimedia Programs may be used for personal, non-commercial use. Therefore, You may not:

  1. Sell, distribute or transfer in any way copies or counterfeits of the Multimedia Programs to any third party, or rent, lease or sublicense the Multimedia Programs to any third party, without the prior written consent of Arc System Works and/or other than in accordance with the provisions of Article 8 of this License Agreement.
  2. Exploiting all or any part of the Multimedia Programme for commercial or promotional purposes or in any way whatsoever;
  3. Use the multimedia program for any illegal or immoral purposes.
  4. Using the multimedia program for purposes other than those specified by Arc System Works under this License Agreement.
  5. Use or enable the use of the multimedia program on more than one computer, gaming console, small form factor, mobile device or personal digital assistant simultaneously without an additional license (which may be provided by an authorized third party, such as a merchant, if you agree to the terms of sale or service in question).
  6. Use or enable the use of the Multimedia Program over a network (including online use), including multi-user systems and remote access systems, unless expressly provided otherwise by Arc System Works and you have agreed to the Multimedia Program's terms of use.
  7. Using any third-party software not expressly permitted by Arc System Works in conjunction with the Multimedia Program for any purpose.
  8. Remove, disable or circumvent any proprietary notices or references contained in the Multimedia Programs or copy any protected software contained in the Multimedia Programs.
  9. Export or re-export any multimedia program or any copy or adaptation thereof in violation of applicable laws and regulations.
  10. Creating executable data or multimedia programs that imitate the data or functionality of any multimedia program.

You may only download multimedia programs from authorized sources. You may not make the multimedia programs available over a network from which they can be downloaded by others.

5. Third Party Intellectual Property Rights; Third Party Software and Tools The Multimedia Program may contain elements licensed to Arc System Works by third parties, which allows the latter to take all necessary measures to assert its rights in the event of any violation by you of this License Agreement.

As such, third-party software and tools (hereinafter "Third-Party Software") are used in particular for the development of the Multimedia Programs and may also be integrated as an integral part of the Multimedia Programs. Third-Party Software may also be made available to you in order to enable the creation of User-Generated Content (see Article 11).

All rights in and to any Third Party Software are reserved and all ownership rights therein remain with the relevant third parties.

Nothing in this License is intended to or has the effect of transferring to you any ownership rights in such Third Party Software or granting to you any rights or title with respect to such Third Party Software.

Some Third Party Software may be governed by additional, separate terms. This applies in particular to the Unreal Engine® developed by Epic Games, Inc., which can be found at this link: https://www.unrealengine.com/en/eula-reference/unreal-en. You are also subject to Epic's Fab Marketplace Terms of Use: https://www.fab.com/en/terms-of-service. By accepting this License Agreement, you agree to the separate terms of use for all Third Party Software. With respect to such Third Party Software, in the event of any conflict or inconsistency between the terms for such Third Party Software contained in this License Agreement and the separate terms of use for such Third Party Software, the latter separate terms of use shall prevail over the terms of this License Agreement.

The Third Party Software is not sold to you or provided with the Multimedia Program, but is an integral component of the Program. No warranty is given and no liability is assumed with respect to the Third Party Software.

Any requests or complaints regarding the Multimedia Program should be directed to Arc System Works, and under no circumstances should they be directed to its licensors.

6. Updates, Patches, and Modifications 6.1 Arc System Works or authorized third parties may make improvements, updates, changes or modifications to the Multimedia Programs (hereinafter referred to as "Updates").
Arc System Works reserves the right, at its sole discretion, to modify the code of the Multimedia Program at any time. Such modifications may affect the functionality of the Multimedia Program or its content (e.g., adding or removing features or content, fixing bugs or errors, or making changes to balance the game).

6.2 If You are subject to national legislation other than that of a European Union Member State, these updates may be automatically downloaded to enable the Multimedia Program to run and may make changes to various aspects of the Multimedia Program, and You expressly consent to such downloads.

6.3 If you are subject to national law of a European Union Member State, the terms and conditions for downloading these Updates will be determined by the Seller.
Information about the nature of these Updates and the period for which they will be available for download will be communicated to you by the Seller in the general terms of sale prepared by the Seller or in any other contractual document of its choice.
Information about the essential characteristics of each Update (such as the purpose of the Update, the operating system version of the intended hardware, the required storage space, and the impact the Update may have on the operation of multimedia programs) will be communicated to the User prior to downloading the Update.
If an update is necessary to maintain the compatibility of the Multimedia Program, you will be notified by the seller along with the reason for the update. Arc System Works strongly recommends that you download and install all necessary updates to maintain the compatibility of the Multimedia Program, and assumes no responsibility for any malfunctions of the Multimedia Program arising from failure to download and install such updates.

6.4 Accessing and downloading these updates requires a valid internet connection. Poor internet or carrier-related connectivity may interfere with your ability to access or download updates. Arc System Works assumes no responsibility for operational issues resulting from insufficient internet connectivity or connection problems that are beyond Arc System Works' control.

7. Technical protection devices The Multimedia Programs may contain technological protection devices. Therefore, you acknowledge that:

  1. The number of times you can install or activate multimedia programs may be limited.
  2. Certain files and/or data may be downloaded to your device and certain information may be collected for authentication purposes of the multimedia program.
  3. An internet connection may be required.

If necessary, the seller may provide you with additional information.

8. Transfer of Multimedia Programs You are authorized to permanently transfer all of your rights under this License Agreement, provided that the transferee agrees to abide by the terms of this License Agreement and agrees to remove any multimedia programs from any media on which you have downloaded, used or copied such programs.

9. Term/Termination This License Agreement is effective until terminated. You may terminate this License Agreement at any time by deleting or uninstalling the Multimedia Program from the media and destroying all copies of the Multimedia Program in your possession.
If you fail to comply with the terms of this License Agreement, Arc System Works may terminate this License Agreement depending on whether the breach is minor (a breach of legal or regulatory obligations or not a material breach) or major (Article 4 - Restrictions, Article 5 - Third Party Intellectual Property Rights, Third Party Software and Tools, Article 12 - User-Generated Content, and Article 14 - Code of Conduct of this License Agreement). In the case of a minor breach, Arc System Works will request you in writing to cease the violation within 48 hours. If the violation is not remedied within that period, Arc System Works may automatically terminate this License Agreement. In the case of a material breach, Arc System Works may immediately and automatically terminate this License Agreement by notifying you in writing (email is acceptable).
Upon any termination of this Agreement, you must immediately destroy and delete all or any part of the Multimedia Programs and any copies thereof stored in any media in your possession or control, and you must certify that destruction has been carried out upon request by Arc System Works.

10. Warranty Limitations 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARC SYSTEM WORKS DOES NOT WARRANT THE CONTINUOUS OR ERROR-FREE OPERATION OF THE MULTIMEDIA PROGRAM, OR THAT ANY ERRORS IN THE MULTIMEDIA PROGRAM WILL BE CORRECTED. THE MULTIMEDIA PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE. THE WARRANTIES SET FORTH BELOW DEFINE THE EXTENT OF ARC SYSTEM WORKS' LIABILITY AND WARRANTY AND YOUR REMEDIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARC SYSTEM WORKS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE MULTIMEDIA PROGRAM. THE MULTIMEDIA PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, PERFORMANCE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE MULTIMEDIA PROGRAM.

You shall bear all risks associated with the use or execution of the Multimedia Program at your own risk. However, Arc System Works warrants that the physical media on which the Multimedia Program is installed will be free from latent defects and manufacturing defects for a period of 90 days from the date of purchase under normal conditions of use.

10.2 This limited warranty does not in any way affect your statutory rights which cannot be excluded or limited under applicable national law.

10.3 If the Customer is subject to the national laws of a Member State of the European Union, the legal guarantees of conformity will be communicated to the User by the Seller.

For all purposes, if you reside in France, you are entitled to the legal guarantee of conformity provided for in the French Consumer Code and the guarantee against latent defects provided for in the French Civil Code, with regard to the multimedia program, which are restated in Appendix 1.

If you reside in another country within the European Union, similar provisions specific to your country may apply, pursuant to EU Directive 2019/770.

11. Limitation of Liability Arc System Works takes reasonable measures to ensure the normal operation of multimedia programs and to promptly restore the programs if any malfunctions occur. However, Arc System Works is not liable for any failures or performance degradation caused by force majeure (e.g., armed conflict, epidemic, pandemic (including the COVID-19 pandemic), natural disasters, strikes), maintenance, repair, or other work on our technical facilities, or the influence of third parties providing data, content, information, or means of communication.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARC SYSTEM WORKS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO BUSINESS INTERRUPTION, LOSS OF CUSTOMERS, LOSS OF PROFITS, LOSS OF DATA, OR OTHER ECONOMIC OR PENALTIES) ARISING OUT OF THE USE, INABILITY TO USE, MALFUNCTION OF, OR MERE POSSESSION OF THE MULTIMEDIA PROGRAM, EVEN IF ARC SYSTEM WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Arc System Works shall not be liable for any damages, injuries, or losses resulting from your negligence, accident, improper use, or any modification of the Multimedia Program after purchase. In no event shall Arc System Works' liability exceed the purchase price of the Multimedia Program, unless the foregoing limitation applies under certain laws.

Nothing in this License Agreement limits or excludes Arc System Works' liability for death or personal injury caused by its negligence, or any other liability that cannot be excluded or limited under applicable law.

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Arc System Works from and against all claims, costs and expenses (including attorneys' fees) that arise directly or indirectly from your acts or omissions while using the Multimedia Program, that are unlawful or in breach of the terms of this License Agreement.

12. User-Generated Content Certain multimedia programs may allow you, through tools or third-party software provided by Arc System Works or its licensors ("Licensors"), to select a pseudonym, create an avatar, interact and communicate with other players, send, receive, and share messages, sounds, voice recordings, text, images, illustrations, photographs, documents, and the like, as well as create and customize games, levels, maps, scenarios, and other content ("UGC"). Such UGC may be used and shared as part of the multimedia programs. UGC may be creations based on your imagination ("Original UGC") or creations based on pre-existing creations ("Derived UGC"), and Arc System Works and its licensors may own the rights to such UGC.

If the Multimedia Program allows sharing on or integration with other third-party websites and/or online services (hereinafter referred to as "Third-Party Sites"), you agree to abide by the terms of use of those Third-Party Sites. Arc System Works is not responsible for the content of Third-Party Sites. Links are provided solely for convenience, and Arc System Works assumes no responsibility therefor. You are solely responsible for complying with the terms of use of Third-Party Sites and for determining whether those sites are appropriate for your profile. You agree to indemnify and hold Arc System Works harmless from any liability related to your violation of the terms of use of those sites, and from any direct or indirect damages resulting therefrom.

More generally, you are solely responsible for all use and sharing of UGC that you create, and you must comply with the terms of this License Agreement at all times when creating, using, or sharing UGC.

Therefore, Arc System Works will not be liable under any circumstances for any alteration in the quality of the multimedia program, any alteration or loss of UGC that occurs during the creation, use or sharing of UGC, or any infringement of intellectual property rights held by a third party, including, but not limited to, any damages caused by the alteration or loss of UGC that occurs during the creation, use or sharing of UGC.

You agree not to use the UGC outside the multimedia program in which it was generated, regardless of the means and purpose of extraction from the program. In general, it is prohibited to extract any component of a multimedia program from the latter.

To the maximum extent permitted by applicable law, you hereby grant to Arc System Works and Arc System Works' licensors a worldwide, royalty-free, irrevocable, fully transferable, and in any way sublicensable, non-exclusive license for the duration of the rights to your UGC (whether Original UGC or Derivative UGC) and your contributions thereto (at the time created and/or shared), including, without limitation, the right to use, copy, modify, reproduce in whole or in part, adapt, evolve, translate, publish in any media, incorporate into other works, extract elements in whole or in part and/or add or remove elements, broadcast, display, publicly perform, distribute in any way, sell and market such UGC, as may be licensed, transferred, rented, publicly displayed, or publicly and worldwide performed in any media, formats, and forms now known or later devised, without prior notice or compensation to you.

This Operational License is granted for the purposes of distributing the Multimedia Program, creating derivative works of the Multimedia Program, sharing UGC within the framework of the Multimedia Program, and promoting the Multimedia Program and its derivative works.

If Arc System Works breaches this License Agreement and fails to correct the breach within one month of receiving formal notice that it will do so, the customer may terminate the applicable operating license.

You hereby agree that, to the maximum extent permitted by applicable law, you will not assert any moral rights, rights of publicity, rights of honor, or rights of attribution with respect to the use of your UGC by Arc System Works, Arc System Works' licensors, or other players. Separate terms of Arc System Works' licensors may apply to your UGC, and you will be notified of such terms as appropriate.

Notwithstanding the above, you acknowledge and agree that any Derivative UGC you create contains content, products, and materials owned by Arc System Works and/or our licensors. Such UGC is a derivative work based on pre-existing works in which Arc System Works or Arc System Works' licensors hold the rights. Nothing in this License Agreement or any other document governing this contractual relationship grants you any rights (including intellectual property rights) to pre-existing works used to create the Derivative UGC, and these rights remain the property of Arc System Works and/or Arc System Works' licensors. Accordingly, UGC based on pre-existing works may not be used without the express permission of Arc System Works and/or Arc System Works' licensors.

13. Code of Conduct Arc System Works is not required to exercise any control or evaluation over UGC. Therefore, you declare and agree that you are solely responsible for any UGC you create or generate, and that Arc System Works bears no responsibility whatsoever for the latter.
Any comments, opinions, or statements you express in UGC are made at your sole risk and do not in any way represent the views of Arc System Works. In particular, without limiting the scope of the preceding paragraph, Arc System Works assumes no responsibility for any comments, opinions, or statements expressed in UGC and excludes all liability in this regard to the extent of applicable law.
Additionally, you agree and undertake not to create or share UGC that contains, but is not limited to, the following:

  1. Any content that may be illegal or give rise to civil or criminal liability.
  2. Any content that may infringe the copyright, trademark, patent or other intellectual and/or industrial property rights of third parties.
  3. Any content that may encourage piracy, including requests for keys, CDs, or pirated software.
  4. Any content that may contain computer viruses, worms, logic bombs, or other malicious software or harmful data.
  5. Any content that is abusive, inflammatory, pornographic, offensive, homophobic, defamatory, libelous, slanderous, inaccurate, discriminatory, obscene, provocative or racist.
  6. Any content that may be considered harassment of anyone.
  7. Any content that may be deemed to be marketing, commercial communication, or advertising for products or services by anyone other than Arc System Works.
  8. Any content that may promote illegal or fraudulent activity, including but not limited to solicitation, gambling, or the sale of prescription drugs.
  9. Any content that may target or attempt to engage minors for the purpose of sexual abuse, or whose purpose or effect may be to facilitate such an engagement.
  10. Any content that may contain restricted information, including but not limited to personal passwords, medical information, or confidential information.
  11. Generally, any content that may violate the laws and regulations applicable in the country in which the multimedia program is used.
  12. Any content that solicits, invites, encourages, recommends, incites or could lead to any of the above acts.

More generally, you agree to comply with the provisions of the Code of Conduct set out in Schedule 2.

Arc System Works reserves the right to remove, restrict, suspend, or modify UGC (and the ability to share or create UGC online), as well as to terminate this License Agreement, especially if a third party reports UGC to us or if we believe that such UGC does not comply with applicable laws and regulations or the provisions of this License Agreement (particularly Articles 12 and 13).

14. Personal Data Dotemu, a company registered with the Paris Trade and Companies Register (RCS) under number 494 378 706 and with its registered office at 31A rue de Bellefond - 75009 Paris, France (hereinafter referred to as "Dotemu"), as data controller, may collect certain personal data through its multimedia programs. Personal data is any information that relates directly or indirectly to an identified or identifiable natural person, regardless of the means of identification.

Dotemu collects personal data primarily for the following purposes:

  1. To provide you with requested products and services.
  2. To provide you with better products, services and gaming experiences (including in-game tools, telemetry and other technologies where appropriate).
  3. To provide you with technical support.
  4. To control the use of multimedia programs in relation to the acquired rights (in particular to prevent fraudulent activities in multimedia programs).
  5. Ensuring the proper operation and security of the entire multimedia program.

This data mainly consists of the following:
  1. Identifying information (your name, nickname, etc.)
  2. Demographic data (such as your language, country, city)
  3. Game data (such as your scores, statistics, and number of solo and multiplayer games played)
  4. Other data related to your use of multimedia programs (such as your IP address, hardware configuration, connection history, error reports, etc.)

You have the right to access, rectification and deletion of your personal data, the right to restriction of processing and the right to object to processing, as well as the right to portability of this data. You can exercise these rights at any time by contacting our Data Protection Officer (hereinafter referred to as "DPO") at the following email address: rgpd@dotemu.com or at Dotemu's registered office as set out at the beginning of this License. If, after contacting us, you still believe that your rights regarding the protection of your personal data have not been respected, you also have the right to lodge a complaint with the competent supervisory authority. The French data protection authority is the Commission Nationale de l'Informatique et des Libertés (Commission Nationale de l'Informatique et des Libertés, hereinafter referred to as "CNIL"). Where the processing of your personal data is based on your consent, you have the right to withdraw that consent at any time.

This section applies to the first level of information. For more information about the data we collect when using our Multimedia Programs, the purpose and legal basis for doing so, the storage period for the processed data, and your data protection rights, please refer to our Privacy Policy (https://www.dotemu.com/legal/).

15. Special Terms of Use 15.1. Additional Paid Servers
Some multimedia programs may offer you the option to create your own server, for a fee or free of charge, which will allow you, among other things, to manage games (public or private), invite or reject other players and set rules specific to each game (hereinafter "Dedicated Server").

You shall bear all responsibility for the management and/or use of the dedicated server, and you shall indemnify and hold Arc System Works harmless from any damages of any kind arising from the management and/or use of the dedicated server.

Therefore, Arc System Works will not be held responsible for any temporary or permanent problems related to the dedicated server.

15.2. Additional Content - "Virtual" Currency
If the multimedia program offers this functionality, you may acquire the following additional items:

  1. Additional content including characters, costumes, levels, etc.
  2. Consumables related to the use of multimedia programs
  3. "Virtual" currency that can only be used as part of a multimedia program

The method for acquiring "Virtual" Currency may vary depending on the Multimedia Program. The specific terms of use for such Multimedia Program will specify the provisions of this Section.
Generally, unless otherwise specified in the specific terms and conditions, the following applies:
  1. "Virtual" currency may be generated directly through your use of the Multi-Program at no financial cost to you.
  2. You can also purchase "virtual" currency directly on the multimedia program's platform.
  3. "Virtual" currency is not currency and cannot be exchanged or converted into currency.
  4. "Virtual" currency cannot be resold and can only be used as part of a purchased multimedia program.

In any event, "Virtual" Currency may be used to acquire additional content for, increase the rate at which, or take advantage of other features offered by, the Multimedia Program, subject to the specific terms and conditions set forth by the seller of the Multimedia Program you purchased.
Arc System Works assumes no responsibility for any partial or total loss of "virtual" currency incurred during the acquisition process or use of such currency.

15.3. Sony PlayStation® Users
  1. For residents of the United States:
    Purchase and use of items are governed by the PlayStation™ Network Terms of Use and User Agreement. This online service is sublicensed to you by Sony Interactive Entertainment America.
  2. For residents of Europe, Oceania, and EMEA:
    Content purchased through the Game Store is purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and is governed by the PlayStation™ Network Terms of Use and User Agreement, available on the PlayStation™ Store. Please check usage rights with each purchase, as they may vary by item. Unless otherwise stated, the classification of content available through the Game Store is the same as the classification of the game itself.

16. General Provisions 16.1 Export Control
You may not export, download or re-export the Multimedia Programs to any country (whether a citizen or resident) that is currently subject to an export embargo.

16.2 Equitable Relief
You hereby acknowledge that Arc System Works will suffer irreparable harm if the terms of this License Agreement are not strictly enforced, and you agree that, as a result, Arc System Works may assert appropriate equitable remedies, including any other remedies it may have under applicable law, with respect to breach of this License Agreement, even without warranty, indemnity, or proof of damages.

16.3 Inclusiveness
This License Agreement may be unilaterally modified by Arc System Works if it is deemed necessary for any of the following reasons: (i) to take into account the technological evolution of multimedia programs or the media used therein; (ii) for legal, regulatory, technical, or security reasons; or (iii) provided that the modifications are not detrimental to the customer and respect the balance of the original contract.

Changes to the core obligations of this License Agreement that may change the purpose of the agreement as described in Article 2 are not subject to the unilateral right of modification.

Any changes to this License Agreement will be notified to the email address provided to the Seller when purchasing the Multimedia Program at least four weeks in advance. If you do not object to the changes within four weeks of receiving the notice, you will be deemed to have accepted the changes with future effect. However, if you object to the changes, Arc System Works reserves the right to terminate this Agreement with two weeks' prior notice, after notifying you of the consequences of your rejection of the changes and your right to terminate the Agreement. In this case, you will no longer be able to download and/or use the Multimedia Program.

16.4 Voiding
If one or more provisions of this License Agreement are invalid or ineffective, in whole or in part, by law, regulation or the final decision of a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

16.5 Force Majeure
Arc System Works shall not be liable in the event of force majeure or fortuitous events as defined by Article 1148 of the French Civil Code and the precedents of the French courts, which make it impossible to fulfill its obligations under this License Agreement.

16.6 Applicable Law
The Multimedia Program is intended for and must be used only in countries where such use is legal.
To the extent permitted by local law applicable in the country in which You use and/or obtained the Multimedia Program, this License Agreement shall be governed by the laws of France.

If French law is not applicable in the country in which You use and/or obtained the Multimedia Program, the following provisions shall apply.

  1. If the Multimedia Program was acquired in the United States of America, this License Agreement shall be governed by the laws of the State of Pennsylvania.
  2. If the Multimedia Program was acquired in Canada, this License Agreement will be governed by the laws in force in the Province of Ontario, Canada, except to the extent expressly prohibited by local law, and you expressly consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario with respect to any disputes arising out of this Agreement.
  3. If the acquisition of the Multimedia Program takes place in a completely different country, local law will apply.