End User License Agreement | EVE online

End User License Agreement | EVE online

ESRB Notice: Game Experience May Change During Online Play
Thank you for your interest in EVE, interactive online game («EVE» or
the «Game»). EVE is offered by CCP hf. («CCP»), a company based in
Reykjavik, Iceland dedicated to the creation of next generation
games. EVE is a multiplayer role playing game that allows the
simultaneous participation of players around the world, interacting in
the same game environment. You may play EVE using CCP’s
proprietary software (the «Software»). Using the Software allows you
to log into CCP’s client system (the “System”) and interact within the
game environment created by CCP. To play EVE, CCP requires that
you review and agree to the following terms and conditions of this
End User License Agreement (“EULA”).

This EULA describes the terms and conditions under which you may
(i) use the Software; (ii) subscribe to, access and use EVE Online, and
(iii) access the System. CCP may amend this EULA from time to time
by posting an amended version at
https://community.eveonline.com/support/policies/eve-eula-en/. If
you accept this EULA, the then-current version of this EULA shall
apply each time you access the System or play EVE.
By clicking the «ACCEPT» button below (or if you bypass or otherwise
disable the «ACCEPT» button, and still access or otherwise use the
Software, the System or the Game), you accept the terms and
conditions in the EULA. If you do not accept the terms and conditions
in the EULA, you must click the «DECLINE» button, discontinue use of
the Software and not access the System or use EVE Online. If you are
the original purchaser of a boxed version of the Software on CD-
ROM, you should contact the retailer for a refund. CCP does not
manufacture or distribute the box version of the Game and is not
responsible for refunding any fees relating thereto.

REQUIREMENTS TO PLAY

To play EVE, you must: (i) download a copy of the Software; (ii)
establish a valid account within the Game (an «Account»); (iii)
obtain and maintain your own Internet access (Internet access
is required to play EVE; CCP is not responsible for your access
to the Internet); and (iv) comply with the EULA.

To play EVE, you must: (i) download a copy of the Software; (ii)
establish a valid account within the Game (an «Account»); (iii)
obtain and maintain your own Internet access (Internet access
is required to play EVE; CCP is not responsible for your access
to the Internet); and (iv) comply with the EULA.

2 YOUR ACCOUNT

You may establish more than one Account for each copy of the
Software licensed. You are however not allowed to play EVE
by using more than one Account at the same time, unless you
pay a subscription fee for each of the Accounts you intend to
use for that purpose.

A. Establishing a New Account
Upon establishing a new Account, you will be entitled to play
EVE. Once you have established an account, you will have an
option to pay a subscription fee, which will allow you to enjoy
additional features in EVE.
Only an individual, natural person who is an adult or, in the
discretion of such an adult, his or her minor child, may
establish an Account. You are responsible and liable for all
activities conducted through your Account, regardless of who
conducts those activities.
You may not share your Account with anyone, or allow anyone
other than you personally (or your minor child, if you have
registered an Account on behalf of your minor child) to access
or use your Account. Joint or shared ownership or use of an
Account by more than one user is prohibited.
Accounts may not be used for business purposes. Access to
the System and playing EVE is intended for your personal
entertainment, enjoyment and recreation, and not for
corporate, business, commercial or income-seeking activities.
Business entities and anyone who is acting for or on behalf of
a business or for business purposes may not establish an
Account, access the System or play EVE. Accessing the
System or using the Game for commercial, business or
income-seeking purposes is strictly prohibited.

B. Passwords and Names
You will be asked to select a password during the registration
process («Password»). You may not disclose your Password to
anyone or allow anyone to use your Password to access the
System or play EVE. You are responsible for maintaining the
confidentiality of your Password and for any damage, harm,
lost or deleted characters, etc. resulting from your disclosure,
or allowing the disclosure, of any Password, or from use by
any person of your Password. You may not obtain, attempt to
obtain, use or attempt to use the password of anyone else.
You are responsible for remembering your Account
information and Password.
You will be assigned a login name and a character name
during the registration and character creation process. You
may not allow anyone to use your login name or character
name to access the System or play EVE. No player may use
the character name of another player to impersonate or falsely
represent his or her identity. You may not obtain, attempt to
obtain, use or attempt to use the login name or character
name of anyone else.
You are encouraged to use a pseudonym, but you may not
choose a name that violates anyone’s trademarks, publicity
rights or other rights. Acceptance of a pseudonym by the
System does not mean that your chosen pseudonym does not
violate anyone’s rights. You are responsible for any liability
incurred by yourself, CCP or anyone else due to the
pseudonym you choose. CCP retains the right to reject any
pseudonym it determines, in its sole discretion, is unlawful,
indecent, obscene or otherwise violates standards of good
taste.

C. Children
(1) Responsibility for Account
Minor children may not establish an Account without the
consent of a parent or guardian. If the user of EVE is a minor, a
parent or guardian must complete the registration process to
establish an Account, in which case the parent or guardian
takes full responsibility for all obligations under the EULA and
lanes IUII ic^pui ibiumiy IUI an uuiiyauuii^ ui IUCI me CULM aiiu
for all activities of the child using the Account If you are a
parent or guardian, you may permit one child to use an
Account instead of you (in which case you may not use that
Account).
If you establish an Account you represent that you are an
adult and are either accepting the EUtA on behalf of yourself
or on behalf of your child, in which latter case you agree to the
EULA with regard to your child and represent that you are also
personally bound by the EULA.
(2) Game Rating
EVE has a «TEEN» rating. Parents may find it inappropriate for
use by children under the age of thirteen (13).
D. Inappropriate Conduct / Communication.
CCP may establish Rules of Conduct (discussed below) for
players accessing the System and may, but is not obligated to,
monitor and take action regarding inappropriate conduct
Nonetheless, it is possible that at any time there may be
language or other material accessible on or through the
System that you may consider inappropriate or offensive to
some users. You acknowledge that other players may transmit
communications or content or access to content that you may
consider inappropriate or objectionable. CCP does not, as a
matter of policy, prescreen the communications or content
transmitted by each player and is in no way responsible for the
communications and content transmitted by players of the
Game.

3  ACCOUNT TRANSFER / CHARACTER
TRANSFER

You are not permitted to transfer your Account to another
person. If you wish to discontinue your Account please refer to
section 6. of this EULA. You may transfer a character from your
Account to another account, either belonging to you or
another person. This transfer option is available from the EVE
Online Account Management web site
https://secure.eveonline.com and is subject to fees and the
following limitations: You may not offer to transfer characters
except your own, or act as a «broker» or intermediary (for
compensation or otherwise) for anyone wishing to transfer or
obtain characters. The transferee will obtain all rights to your
character in a single transaction, and you will retain absolutely
no control or rights over the characters, items or attributes of
that character. You may not transfer any characters whose
attributes are, in whole or in part, developed, or which own
items, objects or currency obtained or acquired, in violation of
the EULA.
Any character transfers or attempted transfers not in
accordance with the foregoing terms is prohibited and void,
and shall not be binding on CCP. A transfer or attempted
transfer of a character is entirely at the risk of the parties to
such transaction. CCP is not liable to any person (whether
transferor, transferee or otherwise) for any acts, omissions,
statements, representations, defaults or liabilities of the parties
in connection with such a transaction.

4 FEES AND PAYMENT TERMS

You are not required to pay a fee to play EVE. You may
however be required to pay a download fee and/or a
subscription fee to access and use certain features of EVE,
which would otherwise be unavailable. You also may purchase
items for use within the Game in return for specific item
charges. You will be informed of any applicable download
fees, subscription fees, item charges, or any other fees,
together with their respective payment terms, during the
registration process and, solely with respect to items for use
within the Game, immediately prior to purchase. The current
fees and payment terms may be viewed in the EVE Online
Help Center and are incorporated in this EULA by reference.
For existing players, fees also may be viewed in your Account
Management website, found at https://secure.eveonline.com/.
CCP may amend the fees and payment terms at any time.
All fees are payable in U.S. Dollars, Euros, pounds Sterling,
Yen, or such other currency as stated in the payment terms. All
fees are non-refundable unless expressly stated otherwise in
this EULA. Bv Davina such fees, vou will eniov enhanced
tms fcULA. By paying sucn tees, you win enjoy ennancea
gameplay options and additional features within EVE during
the period which fees are paid. If you do not wish to pay any
such fees or cancel your paid subscription, the features
available to you while playing EVE will be limited.
You are responsible for reviewing the fees section of the
Game for changes in fees or payment terms. If a fee is
unacceptable to you, you may either decide not to pay it, and
enjoy a more limited gameplay, or terminate the EULA and
close your Account as described in the termination section
below. You are responsible for paying all applicable taxes and
for all hardware, software, Internet service, subscriptions and
other costs you incur to access the System.

5 TERMINATION; SUSPENSION OF
ACCOUNT

A. By CCP for Termination of the Game
CCP does not guarantee that it will continue to offer access to
the System or support the Game. CCP may, in its sole
discretion, cease to provide any or all of the services offered in
connection with EVE (including access to the System and any
or all features or components of the Game), terminate the
EULA, close all Accounts and cancel all of the rights granted to
you under the EULA. CCP may communicate such termination
to you upon 30 days’ notice in any of the following manners: (i)
when you log into your Account; (ii) in a notice on CCP’s
website; (iii) via electronic mail; or (iv) in another manner that
CCP deems suitable to inform you of the termination. If CCP
terminates the EULA pursuant to this section, you will not
receive a refund of any fees.
B. By CCP for Breach or Misconduct
(1) Suspension of Account
Without limiting CCP’s rights or remedies, CCP may
immediately, and without notice, discontinue or suspend
access to the System through your Account and any and all
other Accounts that share the name, phone number, e-mail
oiner Accounts tnai snare ine name, pnone numDer, e-mau
address, internet protocol address or credit card number with
the discontinued or suspended Account, in the event of (i) a
breach of the EULA (including the Rules of Conduct) by you or
any user under your Account; or (ii) unauthorized access to the
System or use of the Game by you or any user under your
Account
(2) Termination of EULA
CCP may terminate the EULA, close all your Accounts, and
cancel all rights granted to you under the EULA if: (i) your
account has been inactive for a number of 90 days; (ii) CCP is
unable to verify or authenticate any information you provide;
(iii) you or anyone using any of your Accounts materially
breaches the EULA, makes any unauthorized use of the
System or Software, or infringes the rights of CCP or any third
party; or (iv) CCP becomes aware of game play, chat or player
activity under your Account that is, in CCP’s discretion,
inappropriate, offensive, or in violation of the Rules of
Conduct. Such termination shall be effective upon notice
transmitted via electronic mail, or any other means reasonably
calculated to reach you.
CCP reserves the right to terminate any and all other Accounts
that share the name, phone number, e-mail address, internet
protocol address or credit card number with the closed
Account Termination by CCP under this section shall be
without prejudice to or waiver of any and all of CCP’s other
rights or remedies, all of which are expressly reserved, survive
termination, and are cumulative. You will not be entitled to
receive a refund of fees for a termination pursuant to this
section.
C. By You
(1) Anytime
You may terminate the EULA with regard to any or all of your
Accounts at any time, upon notice to CCP via electronic mail.
You will not receive a refund of any fees in the event of such
termination.
(2) For a Change in the Subscription Fee or Payment Terms
if a change in the fees or payment terms is unacceptable to
you, you may terminate the EULA and close all of your
Accounts by notifying CCP via electronic mail within thirty (30)
days after the later of (a) the date that CCP has posted the
change on its website; or (b) the date the change has
impacted your Account (e.g., your credit card has been
charged). Your notice must state: (i) that you do not agree to
the change, specifically describing the change, and that you
wish to terminate the EULA and close your Accounts; (ii) your
player name and (iii) your login name. You may receive a
refund of any prepaid subscription fees, prorated as of the
effective date of your termination, by sending CCP a request
via electronic mail within thirty (30) days of your termination
notice. If you continue to access the System or use EVE more
than thirty (30) days after the later to occur of (a) or (b) above,
without following the termination procedure set forth above,
you shall be deemed to have accepted the change and waive
your rights to terminate under this section.
(3) For a Change in the EULA
If an amendment alters a material term of the EULA that is
unacceptable to you, you may, as your sole and exclusive
remedy, terminate the EULA and close your Accounts by: (a)
clicking the «DECLINE» button when you are prompted to
review and agree to the amended EULA; or (b) notifying CCP
via electronic mail within thirty (30) days after the amended
EULA was communicated to you, provided that you have not
clicked the «ACCEPT» button, accessed the System or played
the Game during that period. Your notice must state: (i) that
you do not agree to the amended EULA, specifically
describing the amendment(s) with which you disagree, and
request CCP to close all of your Accounts; (ii) your player
name and (iii) your login name. You may receive a refund of
any prepaid subscription fees, prorated as of the effective date
of your termination, by sending CCP a request via electronic
mail within thirty (30) days of your termination notice. If you
click «ACCEPT» or otherwise continue to access the System or
play the Game, you shall be deemed to have accepted the
amended EULA and waive your rights to terminate under this
section.
D. Closed Accounts
if for any reason the EULA is terminated with regard to any or
all of your Accounts, those Accounts will be closed, upon
which all rights granted to you under the EULA shall terminate
with regard to the closed Accounts, and you must discontinue
your use of the Software, and you may not access the System
or play the Game under any closed Account, and all the
attributes of the Accounts, including characters, items and
currency in the Accounts, will be lost If for any reason the
EULA is terminated, you will not be entitled to compensation
for the past time you spent playing EVE, for the real or
projected value of your Account were it to be sold, or for any
other compensation, other than a prorated refund of prepaid
subscription fees under certain circumstances as expressly set
forth in the EULA.
Users whose Accounts have been closed may not access the
System or play EVE in any manner or for any reason, including
through any other Account, without the express written
permission of CCP. Users of active accounts may not
knowingly allow former users whose Accounts have been
closed to use the active user’s Accounts.
e CONDUCT
A. Specifically Restricted Conduct
Your continued access to the System and license to play the
Game is subject to proper conduct Without limiting CCP’s
rights to control the Game environment, and the conduct of
the players within that environment, CCP prohibits the
following practices that CCP has determined detract from the
overall user experience of the users playing the Game.
1. You may not take any action that imposes an
unreasonable or disproportionately large load on the
System.
2. You may not use your own or third-party software to
modify any content appearing within the Game modify
environment or change how the Game is played.
3. You may not use your own or any third-party software,
macros or other stored rapid keystrokes or other
patterns of play that facilitate acquisition of items,
currency, objects, character attributes, rank or status at
an accelerated rate when compared with ordinary
Game play. You may not rewrite or modify the user
interface or otherwise manipulate data in any way to
acquire items, currency, objects, character attributes or
beneficial actions not actually acquired or achieved in
the Game.
4. You may not use the Software, or any information
accessible through the System, to bypass the System
login architecture or create or provide any other means
through which the System may be accessed and/or the
Game may be played by others, as, for example,
through server emulators.
5. You may not submit any content to any chat room or
other public forum within the Game that is harassing,
abusive, threatening, harmful, obscene, libelous or
defamatory, encourages conduct that could constitute a
criminal offense or give rise to civil liabilities, or is
unlawful in any other way, including without limitation
the submission of content that infringes on a third-
party’s intellectual property rights.
6. You may not engage in any conduct that results in an
Account containing items, objects, currency, character
attributes, rank, or status that are inappropriate for the
level or rank of the character contained in the Account,
including without limitation arranging, making or
accepting transfers of items to a character without
adequate consideration, thereby augmenting or
aggregating items in an Account and increasing its
value for an Account sale.
B. Selling Items and Objects
You may not transfer, sell or auction, or buy or accept any offer
to transfer, sell or auction (or offer to do any of the foregoing),
any content appearing within the Game environment,
including without limitation characters, character attributes,
items, currency, and objects, other than via a permitted
items, cuirency, miu oujects, ouiei umn via a permittee
Character Transfer as described in section 3 above. You may
not encourage or induce any other person to participate in
such a prohibited transaction. You may not use, transfer or
assign any game assets for games of chance operated by third
parties. The buying, selling or auctioning (or any attempt at
doing so) of characters, character attributes, items, currency,
or objects, whether through online auctions, newsgroups,
postings on message boards or any other means is prohibited
by the EULA and a violation of CCP’s proprietary rights in the
Game.
C. Compliance with Rules of Conduct
You agree to observe and abide by the Rules of Conduct as
may be amended by CCP from time to time. The current
version of the Rules of Conduct may be viewed at
https://community.eveonline.com/support/policies/terms-of-
service-en/, and are incorporated in the EULA by reference.

7 PRIVACY AND USE OF PERSONAL
INFORMATION

CCP has created a Privacy Policy to inform you of our
practices regarding collection, use, and sharing of personal
data, www.ccpgames.com/privacy-policy. Please read our
Privacy Policy carefully to understand our views and practices
regarding your personal data and how it will be treated. If you
have any questions on how CCP handles your personal data,
please contact our Data Protection Team at
request@privacy.ccpgames.com.

A. Communications
Except for certain information in your Account (discussed
below), all transmissions by you to the System are not private.
You acknowledge and agree that you have no expectation of
privacy regarding communications you make in the Game,
whether through private in-Game messaging, during chat, or in
chat rooms. CCP and/or its designated affiliates and
representatives may monitor communications made by or
received from you. You should not provide private information representatives may monitor communications maae Dy or
received from you. You should not provide private information
to any other player in the Game. CCP shall not be responsible
for the consequences of any such disclosure by you.
You may encounter and converse with people who are rude,
offensive, belligerent, and who may use indecent, obscene,
and/or threatening or harassing language while playing the
Game or otherwise interacting within EVE. You may report any
instances of such behavior to CCP. CCP will investigate and
take such measures as CCP, in its sole judgment, determines
are reasonable under the circumstances. CCP does not
guarantee that you will not encounter behavior of others that
you may view as insulting, demeaning, offensive, threatening
or harassing. You assume all risk associated with playing the
Game, and CCP assumes no responsibility for the conduct of
any other players, and shall not be liable to you or any other
person for their conduct.

B. Use of Personal Information
You may verify and update your Account information by
logging into your Account through the account management
page within the Game.
Definitions
The term “User Personal Details” means information relating to
your personal Account details, including your email address,
profile name or other online identification, first name, last
name, age, date of birth, country of residence, preferences
and settings including communication or content restrictions
and parental control settings, other account information such
as friend’s lists, block lists, and language selection, any dates
the foregoing data is modified, and any other information
relating to your Account
The term “User Gameplay Information” means any information
relating to your play or use of the Game, including of your
gameplay statistics, preferred strategies, in-Game transaction
history and trends, history of technical issues and support
usage, and history of contributed and received User Content.
User Personal Details and User Gameplay Information
together constitute “User Data”.
Collection and Use of User Personal Details
You acknowledge and agree that CCP may collect and store
User Personal Details and use them for the limited purposes
of: (i) verification or authentication of a user’s identity, (ii)
establishing an Account with CCP, (iii) the provision of services
to users, such as gameplay, Game administration, and
technical support, and (iv) marketing and offering CCP
products and services to you. Any storage or use of User
Personal Details will be subject to compliance with CCP’s
privacy policy, which may be found at
https://www.ccpgames.com/privacy-policy/.
Collection and Use of User Gameplay Information
You acknowledge and agree that CCP may collect and store
User Gameplay Information about you, both as an individual
and aggregated with the User Gameplay Information of other
users of the Game and the System. In addition, you
acknowledge and agree that CCP may analyze and use such
User Gameplay Information for the purposes of review,
research, development, maintenance, operation,
administration, and support, and for the marketing of CCP
products and services.
Transfer and Sharing of User Data
You agree that CCP may transfer, share, and/or store your User
Data:
outside the European Economic Area where reasonably
necessary to administer, operate, maintain and support the
Game and the System;
in particular, to the US and China for the purpose of managing
customer support and technical issues; and
with suitable third parties under a binding duty of
confidentiality in order for such third parties to carry out the
limited activities of CCP permitted by this Section 7.
All transfer, storage, and use of User Data shall at all times be
subject to CCP’s current privacy policy for the Game from time
to time.

C. SECURITY AND DISCLOSURE OF USER DATA
CCP does not guarantee that User Data transmitted to the
System, including without limitation information in your
Account and/or User Personal Details, will not be disclosed to
third parties. While CCP’s aim is to keep your User Data
confidential and CCP employs security measures to protect
the System, third parties may unlawfully intercept
transmissions or private communications, or access data
within the System.
CCP may (and you hereby expressly authorize CCP to)
disclose information about you to private entities, law
enforcement or other government officials, as CCP, in its sole
discretion, deems necessary or appropriate to investigate or
resolve possible crimes or to respond to judicial, regulatory,
agency or similar inquiries.
You further agree that in the event of a failure in the Game, the
System and/or the Software, CCP may provide crash dump
information (which is information on the state of the System
when a crash occurs, and may include your User Data) to third
parties under suitable confidentiality restrictions in order to
review analyze and provide reports on such information to
determine the cause or correction of the failure.

D. MONITORING
You agree that CCP may remotely monitor your Game
hardware solely for the purpose of establishing whether in
playing the Game and accessing the System you are using
software created or approved by CCP, or whether you are
using unauthorized software created by you or a third party in
contravention of Section 6.

SEIZURE WARNING
In rare instances, some users may experience seizures when
exposed to certain light patterns or flashing lights. Exposure to
certain light patterns or backgrounds on a video monitor may
induce an epileptic seizure, even in persons who have no
history of prior seizures or epilepsy.

9 LICENSE

A. Software License
Subject to the terms of the EULA, CCP grants you a limited,
non-exclusive, revocable license to use the Software and its
accompanying documentation solely in connection with
accessing the System in order to play EVE using a single valid
Account
For each valid Account you maintain, you may install a copy of
the Software on, and access the System from, a single
computer or Game platform, and from a secondary computer if
you so choose. You may make one (1) copy of the Software for
backup or archival purposes.

B. License to Access the System to Play the Game
Upon establishing a valid Account, and subject to your
continued compliance with the EULA, CCP grants you a
limited, non-exclusive, revocable license to access the System,
and to access and use the Game Content and User Content
(each as defined below), in order to play EVE online. You may
download (and, to the extent permitted by the System, make a
single copy for your own purposes in playing the Game) and
exchange Game Content and User Content exclusively via a
valid Account, solely to play the Game, for purposes permitted
by, and in a manner consistent with, the EULA.

C. Specific Restrictions
Any and all rights not expressly granted by CCP herein are
reserved, and no license, permission or right of access or use
not granted expressly herein shall be implied.
You may not intercept for any purpose other than playing EVE
You may not intercept for any purpose other than playing EVE
in accordance with the EULA any information accessible
through the System. You may not access the System or
upload, download or use information accessible through the
System, other than as permitted by the EULA.
You may not copy (except as set forth above), distribute, rent,
lease, loan, modify or create derivative works of, adapt,
translate, perform, display, sublicense or transfer the Software
or any documentation accompanying the Software. You may
not transfer the Software, except as part of a permitted
Account Transfer as described above, if permitted by the EULA
then in effect If the Software is an update, any transfer must
include the update and all prior revisions.
You may not copy, distribute, rent, lease, loan, modify or create
derivative works of, adapt, translate, perform, display,
sublicense or transfer any information accessible through the
System, including without limitation, any part of the Game
Content or User Content or any item, object or character in
your Account, except that solely to the extent permitted by
the System, you may modify certain Game Content and User
Content only for your own purposes in playing the Game.
You may not reverse engineer, disassemble or decompile, or
attempt to reverse engineer or derive source code from, all or
any portion of the Software, or from any information accessible
through the System (including, without limitation, data packets
transmitted to and from the System over the Internet), or
anything incorporated therein, or analyze, decipher, «sniff» or
derive code (or attempt to do any of the foregoing) from any
packet stream transmitted to or from the System, whether
encrypted or not, or permit any third party to do any of the
same, and you hereby expressly waive any legal rights you
may have to do so. If the Software and/or the System contains
license management technology, you may not circumvent or
disable that technology.

D. Software Updates
CCP may from time to time update or otherwise modify the
Software electronically. You hereby grant CCP permission to: (i)
extract hardware system profile data from your computer;
extract information from your computer’s file directories
pertaining to the Game and your ability to access the System;
(iii) download to your computer content and Game files and
any data related to the operation of the Game. The foregoing
applies to any computer from which you log into the System
using your Account.

E. New Releases of the Software
You are not entitled to receive any new releases of the
Software, or any expansion packs, updates, upgrades or
similar products under the EULA, but CCP may, in its sole
discretion, offer any or all of the foregoing to you. CCP may
update, upgrade or otherwise enhance the Software at any
time, in its sole discretion, without obligation to you.
Periodically, CCP will require all users to migrate to new
releases of the Software in order to continue accessing the
System and playing EVE. You will be informed when a new
release is available and will have a period of time in which to
procure and install the new release. You must install and use
the new release before the period of time has lapsed to
continue accessing the System and playing EVE. If you fail to
install the new release when required, CCP shall not be
responsible in any way for your inability to access the System
or play EVE, and you shall not be entitled to receive a refund
of any prepaid fees or any other form of compensation. New
releases could be offered to you at a discounted price.

10 PROPRIETARY RIGHTS

A. Ownership of Software, System and Game
As between you and CCP, CCP is the sole and exclusive
owner of the Software, System, Game and Game Content (as
defined below). The Software, System, Game and all Game
Content are protected by law governing copyrights,
trademarks and other proprietary rights. CCP reserves all
rights not expressly granted herein.
The Game is comprised of, without limitation, software code,
programs, routines, subroutines, objects, files, data, characters
(and items, currency, objects and attributes comprising or
associated with a character or an Account), graphics, sound
effects, music, animation, video, text, content, layout, design
and other information downloaded from and accessible
through the System (collectively, the «Game Content»). CCP, its
affiliates, licensors and/or suppliers retain all of their right, title
and interest (including without limitation all intellectual
property rights) in and to the Software, System, Game and all
Game Content, and no rights thereto are transferred to you,
except for the limited license granted above.

B. Rights to Certain Content
You have no interest in the value of your time spent playing
the Game, for example, by the building up of the experience
level of your character and the items your character
accumulates during your time playing the Game. Your Account,
and all attributes of your Account, including all corporations,
actions, groups, titles and characters, and all objects, currency
and items acquired, developed or delivered by or to
characters as a result of play through your Accounts, are the
sole and exclusive property of CCP, including any and all
copyrights and intellectual property rights in or to any and all
of the same, all of which are hereby expressly reserved.
Without limiting its rights in any way, and subject to the other
terms of the EULA, CCP shall have the right to display and
publish any information (except certain personal information in
your Account) relating to any character in your Account, for
example, in charts, lists and other compilations, without notice
or any compensation to you whatsoever.
You hereby irrevocably and without additional consideration
beyond the rights granted to you herein, assign to CCP any
and all right, title and interest you have, including copyrights,
in or to any and all information you exchange, transmit or
upload to the System or while playing the Game, including
without limitation all files, data and information comprising or
manifesting corporations, groups, titles, characters and other
attributes of your Account, together with all objects and items
acquired or developed by, or delivered by or to characters, in
your Account. To the extent that any such rights are not
assignable, you hereby grant CCP an exclusive, perpetual,
worldwide, irrevocable, assignable, royalty-free license, fully
assignable, you hereby grant CCP an exclusive, perpetual,
worldwide, irrevocable, assignable, royalty-free license, fully
sub-licensable through multiple tiers, to exercise all intellectual
property and other rights, in and to all or any part of such
information, in any medium now known or hereafter
developed. The foregoing assignment and license in this
paragraph shall not include User Content (defined below).

C. User Content
The System may allow you to communicate information, such
as by posting messages in chat rooms, on bulletin boards and
other user-to-user areas (collectively, «User Content»).
User Content that you cause to be communicated to the
System may not (i) violate any statute, rule, regulation or law;
(ii) infringe or violate the intellectual property, proprietary,
privacy or publicity rights of any third party; (iii) be defamatory,
indecent, obscene, child pornographic or harmful to minors; or
(iv) contain any viruses, Trojan horses, disabling code, worms,
time bombs, «clear GIFs,» cancelbots or other computer
programming or routines that are intended to, or which in fact,
damage, detrimentally interfere with, monitor, intercept or
expropriate any data, information, packets or personal
information.
CCP may take any action it deems appropriate regarding any
User Content, if CCP believes, in its sole discretion, that such
User Content violates the EULA or may expose CCP, its
licensors and/or its suppliers to liability, damage CCP’s
relationship with any of its suppliers, licensors, ISPs or other
users of EVE, harm anyone or harm CCP’s reputation or
goodwill.
You hereby grant CCP an exclusive, perpetual, worldwide,
irrevocable, assignable, royalty-free license, fully sub-
licensable through multiple tiers, to exercise all intellectual
property and other rights, in and to all or any part of your User
Content, in any medium now known or hereafter developed.
Violation of CCP’s proprietary rights is a material breach of the
EULA, in the event of which CCP may suspend your Account,
terminate the EULA and take whatever additional action CCP
Hoomc annrnnriAto nnrior tho r\m imctanro Tho fnronninn ic
bULA, in xne eveni OT wmcn LLK may suspend your Account,
terminate the EULA and take whatever additional action CCP
deems appropriate under the circumstance. The foregoing is
without prejudice to or waiver of any and all of CCP’s other
rights and remedies, all of which are expressly reserved,
survive termination, and are cumulative.

11. NO WARRANTIES

The Software, System, Game and all Game Content, and all
other services and material provided in connection therewith,
are provided «AS IS,» with all faults, and without warranty of any
kind. You assume all risk of use and all risk associated with
accessing the System and playing the Game.
CCP disclaims all warranties, whether express or implied,
including without limitation the warranties of merchantability,
fitness for particular purpose and non-infringement There is
no warranty against interference with your enjoyment of the
Game. CCP does not warrant that the operation of the System
or your access to the System, or that your use of the Software,
will be uninterrupted or error-free, nor that the System or
Software will be compatible with your hardware and software.
While CCP attempts to have the System available at most
times, CCP does not guarantee that the System will always be
available, or that the System will not become unavailable
during Game play. The System may become unavailable for a
number of reasons, including without limitation during the
performance of maintenance to the System, for the
implementation of new software, for emergency situations and
due to equipment or telecommunications failures.

12 DISCLAIMER OF DAMAGES

In no event shall CCP, its affiliates, licensors or suppliers be
liable to you or to any third party for any special, indirect,
incidental, consequential, punitive or exemplary damages
(including without limitation, lost profits or lost data), arising out
of or in connection with your Account, the System, Software,
Game, Game Content, User Content, EULA, or any other
services or materials provided in connection therewith,
uihothor hncorl r»n umrrnnh/ mntrart tnrt r\r am/ nthor lonal
uame, uame uonieni, user uonieni, bULA, or any oiner
services or materials provided in connection therewith,
whether based on warranty, contract, tort or any other legal
theory, and whether or not CCP is advised of the possibility of
such damages, and even if any stated remedy fails of its
essential purpose.

13 LIMITATION OF LIABILITY

Except as set forth below, CCP’s maximum liability for any and
all claims arising out of or in connection with your Account, the
Software, System, Game, Game Content User Content, EULA,
and any other services or materials provided in connection
therewith, shall not exceed an amount equal to the value of
one (1) month’s subscription fees.
In the event of a material breach of CCP’s obligations to
provide access to and use of your Account, the System, Game,
Game Content or User Content, your sole and exclusive
remedy shall be a refund of any pre-paid subscription fees
attributable to the period during which you were denied such
access and use, or an amount equal to the value of three (3)
months’ subscription fees, whichever is less. In the event of a
malfunction of or your inability to use the CD-ROM containing
the Software, your sole and exclusive remedy shall be a
replacement disk from the vendor that provided the CD-ROM
in accordance with its replacement policy; CCP shall have no
liability for the CD-ROM.
If any of the foregoing disclaimers or limitations of liability are
declared to be void or unenforceable, then CCP’s liability shall
be limited to the maximum extent permissible under
applicable law. The remedies set forth herein are exclusive
and in lieu of all other remedies, oral or written, express or
implied.

14 INDEMNITY

You shall defend, indemnify and hold harmless CCP and its
affiliates, licensors and suppliers, and their respective
employees, contractors, officers and directors, from any and all
claims, loss, damages and demands, including reasonable
attnrnowc1 face aricinn m it nf- /i\ WAI ir ■ ico nr mici ico nf tha
attorneys’ fees, arising out of: (i) your use or misuse of the
Software; (ii) your access to the System; (iii) any activities
conducted through your Account (whether by you or another
person); and (iv) your playing of the Game.
is AMENDMENTS TO EULA
CCP may, in its sole discretion, amend the EULA from time to
time by posting an amended version at
https://community.eveonline.com/support/policies/eve-eula-
er and/or notifying you when you attempt to log in to the
System. If the EULA is amended, you will be asked to review
the amended EULA when you log into your Account, and to
indicate and confirm your acceptance of the amended EULA
by clicking the «ACCEPT» and/or «CONFIRMED» buttons. You
must accept the EULA in order to continue to access the
System or play the Game.
If the amendment alters a material term of the EULA that is
unacceptable to you, you may, as your sole and exclusive
remedy, terminate the EULA and close your Account as
described in Section 5, Termination.

16. GOVERNING LAW AND EXCLUSIVE
FORUM

The EULA, and the rights and obligations of the parties hereto,
shall be governed and construed by and in accordance with
the laws of the Republic of Iceland. The EULA shall not be
governed by the United Nations Convention on Contracts for
the International Sale of Goods.
The sole and exclusive forum for resolving any controversy,
dispute or claim arising out of or relating to the EULA, or
otherwise relating to any rights in, access to or use of the
Software, System, Game, Game Content User Content and/or
the rights and obligations of the parties hereto, shall be the
District Court of Reykjavik, Iceland, (Heradsdomur Reykjavikur).
You hereby expressly waive and agree not to raise any and all
objections based on personal jurisdiction, venue and/or
inconvenience of such forum and agree to the jurisdiction of
otherwise relating to any rights in, access to or use of the
Software, System, Game, Game Content User Content and/or
the rights and obligations of the parties hereto, shall be the
District Court of Reykjavik, Iceland, (Heradsdomur Reykjavikur).
You hereby expressly waive and agree not to raise any and all
objections based on personal jurisdiction, venue and/or
inconvenience of such forum and agree to the jurisdiction of
the District Court of Reykjavik, Iceland.

17 MISCELLANEOUS

If any part of the EULA is held invalid or unenforceable, that
portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intentions of the parties expressed in the EULA, and the
remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your
access to and use of the System, use of the Software, your
access to your Account and your playing of the Game. Without
limiting the foregoing, you may not download, use or
otherwise export or re-export any part of the information
accessible through the System or the Software except in full
compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or
transfer the EULA or your rights thereunder, and any attempt
to do so is void. The EULA, including the Rules of Conduct and
the fees and payment terms as referenced therein, as each
may be amended by CCP from time to time, sets forth the
entire understanding and agreement between CCP and you
with respect to the subject matter hereof. Except as provided
above, or in a writing signed by both parties, the EULA may
not be modified or amended. No distributor, agent or
employee of CCP is authorized to make any modifications or
additions to the EULA.
All notices to CCP required or permitted by the EULA shall be by
electronic mail at support@eveonline.com, unless stated otherwise in
the EULA.

Update 24 May 2018

Оставить комментарий

Ваш e-mail не будет опубликован. Обязательные поля помечены *