Paladins™ Closed Alpha End User License and - Hi
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1. The Software Product may not be re exported downloaded or otherwise exported into or to a national or resident of any country to which the United States has embargoed goods or to anyone on the United States Treasury Department s list of Specially Designated Nationals or the United States Commerce Department s Table of Denial Orders You represent and warrant that you are not located in under the control of or a national or resident of any such country or on any such list 13 Patches and Updates Feedback Hi Rez or its third party vendors may deploy or provide patches updates and modifications to the Software Product that must be installed for you to continue to test the Software Product Hi Rez or its third party vendors may update the Software Product remotely including without limitation the Game Software residing on the user s machine without the knowledge of the user and you hereby grant to Hi Rez your consent to deploy and apply such patches updates and modifications At the termination or expiration of the Alpha Test and at any point prior to as requested by Hi Rez you agree to provide Hi Rez with comments suggestions and impressions of the Software Product by using in game mechanisms provided to supply feedback and bug reports as well as any other tools or services Hi Rez may provide e g email message boards etc The Software Product also includes a tool that will allow you to forward system driver and othe2. APPLICABLE HARDWARE DEVICE FAILURE OR MALFUNCTION OR ANY AND ALL OTHER DAMAGES OR LOSSES FURTHER NEITHER HI REZ NOR ITS PARENT SUBSIDIARIES AFFILIATES PARTNERS OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS VIRTUAL GOODS E G EQUIPMENT WEAPONS SKINS AUDIO PACKS AESTHETIC FLAIR ETC OR CURRENCY ACCOUNTS STATISTICS OR USER STANDINGS RANKS OR PROFILE INFORMATION STORED BY THE SOFTWARE PRODUCT OR THE SERVICE HI REZ SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE IN NO EVENT WILL HI REZ BE LIABLE TO YOU FOR ANY INDIRECT INCIDENTAL SPECIAL EXEMPLARY CONSEQUENTIAL OR PUNITIVE DAMAGES IN NO EVENT SHALL HI REZ S LIABILITY OR THE LIABILITY OF ITS PARENT SUBSIDIARIES AFFILIATES PARTNERS OR VENDORS WHETHER ARISING IN CONTRACT TORT STRICT LIABILITY OR OTHERWISE EXCEED IN THE AGGREGATE THE TOTAL FEES PAID BY YOU TO HI REZ DURING THE SIX 6 MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE You hereby agree to defend indemnify and hold Hi Rez and its parent subsidiaries affiliates and vendors harmless from and against any claim liability loss injury damage cost or expense including reasonable attorneys fees incurred by Hi Rez arising out of or related to your use of the Software Product or Service Some
3. COMMUNICATE INFORMATION BACK TO HI REZ INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED THE TIME AND DATE AND ANY OTHER RELEVANT INFORMATION AND HI REZ MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT WITH OR WITHOUT PRIOR NOTICE TO YOU INCLUDING WITHOUT LIMITATION TERMINATION OF THIS AGREEMENT AND YOUR RIGHT TO CONTINUE TO USE THE SOFTWARE PRODUCT 11 Termination This Agreement is effective until terminated You may terminate this Agreement at any time by a permanently destroying all copies of the Software Product in your possession or control b removing the Game Software completely from each computer or applicable hardware device on which you have installed the Software Product and c notifying Hi Rez of your intention to terminate this Agreement Hi Rez may terminate this Agreement at any time for any reason or no reason with or without notice Upon termination for any reason all licenses granted to you in this Agreement shall immediately terminate and you must immediately and permanently destroy all copies of the Software Product in your possession and control and remove the Game Software completely from each computer or applicable hardware device on which you have installed the Software Product Please be advised that your confidentiality obligations and other obligations survive termination pursuant to Section 19 of this Agreement 12 Export Controls
4. YOU OR YOUR AND HI REZ STUDIOS INC HI REZ WE US OR QUR IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT YOU MUST CLICK THE I REJECT BUTTON BY CLICKING THE ACCEPT BUTTON BELOW OR BY INSTALLING COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT AS DEFINED BELOW YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND REPRESENT AND WARRANT TO HI REZ THAT YOU HAVE READ THIS AGREEMENT UNDERSTAND IT AND THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE EVEN IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS AT LEAST THIRTEEN YEARS OF AGE THE TERMS OF THIS AGREEMENT MAY BE AMENDED SUPPLEMENTED OR MODIFIED AT ANY TIME BY HI REZ IN ITS SOLE DISCRETION INCLUDING WITHOUT LIMITATION WHEN HI REZ UPDATES OR UPGRADES THE SOFTWARE PRODUCT If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement you may terminate this Agreement in accordance with Section 9 below Your installation and use of any of Hi Rez s updates upgrades or modifications to the Software Product or your continued use of the Software Product following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes Hi Rez may change modify suspend or discontinue any aspect of the Software Product at any time Hi Rez may also impose limits on certain features or restrict your access to parts or all
5. Paladins Closed Alpha End User License and Non Disclosure Agreement Last updated on September 2 2015 Thank you for volunteering to help us test Paladins This is a pre release version of the Software Product as defined below and is the copyrighted work of Hi Rez Studios Inc Any and all use of the Software Product is governed by the terms and conditions of this Agreement as defined below You understand and agree that the Software Product may be used only by individuals designated by Hi Rez and solely for the purpose of testing the Software Product in accordance with the terms of this Agreement Any use reproduction modification public display sale or distribution of the Software Product not in accordance with and specifically authorized by the terms of this Agreement is expressly prohibited The Paladins Closed Alpha Test the Closed Alpha is a limited period during which certain designated individuals Alpha Testers are given the opportunity to test the pre release version of the Software Product If you are designated by Hi Rez as an Alpha Tester and if you agree to the terms and conditions of this Agreement then you will be given the opportunity to test the Software Product 1 Terms of Agreement IMPORTANT LEGAL NOTICE PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE CLICKING THE ACCEPT BUTTON THIS CLOSED ALPHA END USER LICENSE AND NON DISCLOSURE AGREEMENT THE AGREEMENT IS BETWEEN YOU AS AN ALPHA TESTER
6. cality of residence to enter into a binding legal agreement and access the Software Product even if you are entering into this Agreement on behalf of an authorized user who is at least thirteen years of age iii you may not be a principal employee independent contractor or agent of a company that is a publisher manufacturer or a developer of computer mobile browser virtual reality or other video games other than Hi Rez Studios Inc iv you may not be a member of the press and v you may not maintain a gaming fan or other video game website unless you are an employee of Hi Rez 6 License Restrictions and Limitations The limited personal use license granted to you in Section 4 is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement collectively the License Limitations You agree that you will not under any circumstances a sell sublicense assign rent lease or otherwise transfer the Software Product except as expressly permitted by this Agreement b reverse engineer decompile disassemble or otherwise derive source code from the Software Product or reduce the Software Product to a human readable form except to the extent that such actions are expressly permitted by applicable law C copy photocopy or reproduce the Software Product in whole or in part d modify translate or create derivative works based on or utilizing the Software Product Se
7. ddress you have provided to Hi Rez You will send your notice to Hi Rez Studios Inc 3750 Brookside Parkway Suite 200 Alpharetta Georgia 30022 Attention Legal Department or to such other address or person as Hi Rez may hereafter direct b If you and Hi Rez are unable to resolve a Dispute through informal negotiations either you or Hi Rez may elect to have the Dispute except those Disputes expressly excluded below finally and exclusively resolved by binding arbitration Any election to arbitrate by one party shall be final and binding on the other YOU UNDERSTAND THAT ABSENT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association AAA and where appropriate the AAA s Supplementary Procedures for Consumer Related Disputes AAA Consumer Rules both of which are available at the AAA website lt www adr org gt The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and where appropriate limited by the AAA Consumer Rules The arbitration may be conducted in person through the submission of documents by phone or online The arbitrator will make a decision in writing but need not provi
8. de a statement of reasons unless requested by a party The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so Except as otherwise provided in this Agreement you and Hi Rez may litigate in court to compel arbitration stay proceeding pending arbitration or to confirm modify vacate or enter judgment on the award entered by the arbitrator C You and Hi Rez agree that any arbitration shall be limited to the Dispute between Hi Rez and you individually To the fullest extent permitted by law i no arbitration shall be joined with any other ii there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures and iii there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons d You and Hi Rez agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration i any Disputes seeking to enforce or protect or concerning the validity of any of your or Hi Rez s intellectual property rights ii any Dispute related to or arising from allegations of theft piracy invasion of privacy or unauthorized use and iii any claim for injunctive relief e Any arbitration shall be initiated in the County of Fulton State of Georgia United States of America Any Dispute not subject t
9. ection 3 to the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use the conflicting provisions in the Terms of Use shall govern The provisions of Sections 6 8 10 12 and 15 19 shall survive the termination of this Agreement for any reason Subject to Section 18 q if any provision of this Agreement is found to be unenforceable that provision shall be severed and the remainder of the Agreement shall be given full force and effect hereby acknowledge that have read and understand the foregoing Closed Alpha End User License and Non Disclosure Agreement and agree that by clicking ACCEPT or installing the Software Product am acknowledging my agreement to be bound by the terms and conditions of this Agreement
10. f Use are incorporated into this Agreement by reference You may access the current version of the Terms of Use at lt http legal hirezstudios com gt The Terms of Use are subject to change by Hi Rez with or without notice The Software Product and any and all copies and derivative works of the Software Product are the proprietary and copyrighted work of Hi Rez Studios Inc All rights in and to the Software Product not granted herein are hereby expressly reserved by Hi Rez 3 Non Disclosure and Confidentiality Participation in the Closed Alpha will provide you with access to Confidential Information as defined below related to the Software Product and the Paladins franchise You shall not disclose any of the Confidential Information in any manner whatsoever or use the Confidential Information to the detriment of Hi Rez including without limitation public discussion about the Software Product on social media or elsewhere capturing or streaming gameplay taking screenshots etc You shall hold and maintain Confidential Information in the strictest confidence For purposes of this Agreement Confidential Information shall include all information or material that has or could have commercial value or other utility in the business or prospective business of Hi Rez or its subsidiaries or affiliates Confidential Information also includes all information where unauthorized disclosure could be detrimental to the interests of Hi Rez or its subsidiar
11. fective term of this Agreement dispute or contest directly or indirectly Hi Rez s exclusive right title and interest in and to the Software Product or the validity thereof You agree to promptly assign to Hi Rez any and all rights that you may obtain in or to the Software Product arising under applicable law and you hereby appoint Hi Rez as your attorney in fact for such purpose d You may permanently transfer all of your rights and obligations under this Agreement to another person only by contacting Hi Rez and obtaining written approval for the transfer provided however that you permanently delete all copies and installations of the Software Product in your possession or control and that the recipient agrees to and accepts the terms of this Agreement However your Account with Hi Rez is not transferable The transferor i e you and not Hi Rez agrees to be solely responsible for any taxes fees charges duties withholdings assessments and the like together with any interest penalties and additions imposed in connection with such transfer 9 Pre Loaded Software The media on or method by which the Game Software is distributed may contain additional software and or content for which you do not have a license the Locked Software and you agree that Hi Rez may install the Locked Software onto your computer or applicable hardware device during the Game Software installation process You also agree that you will not access use d
12. ies or affiliates whether or not such information is identified as Confidential Information by Hi Rez By example and without limitation Confidential Information includes but is not limited to any and all information of the following or similar nature whether or not reduced to writing a Any details regarding the stability of the Software Product including without limitation connectivity server stability frame rates latency etc b Any comments regarding the appearance look feel setting design mechanics content technology user interface controls music sound effects and playability of the Software Product C Any details regarding the number of people currently participating in the Alpha Test d General comments about the overall development of the Software Product e Any comments relating to the length of time that the Alpha Test may last f General comments about the systems utilized in the Software Product including without limitation the classes environments cards abilities matchmaking progression systems monetization systems if applicable etc g Any contact and or private information provided by you as an Alpha Tester to Hi Rez including without limitation suggestions bug reports etc h Any information related to private areas open only to Alpha Testers including without limitation addresses passwords chat message boards email voice over IPs e g Mumble servers and other discussion
13. ify or allow or cause to be modified any files that are a part of the Game Software in any way not expressly authorized by Hi Rez in writing in each instance j host provide or develop matchmaking services for the Software Product or Service or intercept emulate or redirect the communication protocols used by Hi Rez in any way for any purpose including without limitation unauthorized play over the Internet network play or as part of content aggregation networks k facilitate create or maintain any unauthorized connection to the Software Product or Service including without limitation i any connection to any unauthorized server that emulates or attempts to emulate the Service or ii any connection using programs or tools not expressly approved by Hi Rez in writing in each instance k create any other software or content that incorporates the Software Product or Service or any portion thereof or m sell grant a security interest in or transfer reproductions of the Software Product to other parties in any way not expressly authorized herein or rent lease or license the Software Product to others 7 Terms of Use You must accept the Terms of Use and create an Account in order to access the Service and test the Software Product The Terms of Use governs all aspects of gameplay You may view the current Terms of Use here lt http legal hirezstudios com gt 8 Intellectual Property Rights a The Software Produc
14. istribute copy or display the Locked Software unless and until you receive from Hi Rez a a license to use that Locked Software and b if and where applicable a valid alphanumeric key with which to unlock it If you receive a license and or a key from Hi Rez you may only unlock those portions of a single copy of the Locked Software for which you received a license and the License Limitation set forth in Section 6 shall apply The terms of any End User License Agreement displayed after the Locked Software is unlocked will replace and supersede this Agreement but only with regard to the Locked Software for which you receive a license 10 Consent to Monitor WHEN RUNNING HI REZ MAY MONITOR YOUR USE AND TESTING OF THE SOFTWARE PRODUCT AND COLLECT DATA REGARDING YOUR USE AND TESTING OF THE SOFTWARE PRODUCT IN ACCORDANCE WITH HI REZ S PRIVACY POLICY A CURRENT COPY OF WHICH MAY BE ACCESSED AT lt http legal hirezstudios com gt IN ADDITION THE SOFTWARE PRODUCT AND ANY RELATED HI REZ SERVICES MAY MONITOR EACH OF YOUR HARDWARE DEVICE S RANDOM ACCESS MEMORY RAM FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE PRODUCT AN UNAUTHORIZED THIRD PARTY PROGRAM AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 6 IN THE EVENT THAT THE SOFTWARE PRODUCT AND OR ANY RELATED HI REZ SERVICES DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM THE SOFTWARE PRODUCT OR APPLICABLE HI FREZ SERVICES MAY
15. o arbitration other than claims proceeding in any small claims court or where no election to arbitrate has been made shall be decided by a court of competent jurisdiction within the County of Fulton State of Georgia United States of America and you and Hi Rez agree to submit to the personal jurisdiction of that court f Except as otherwise set forth herein this Agreement shall be governed by and will be construed under the Laws of the United States of America and the laws of the State of Georgia without regard to choice of law principles The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded For customers who purchased a license to the Software Product in and are a resident of Canada Australia Singapore or New Zealand other laws may apply if you choose not to agree to arbitrate as set forth above provided however that such laws shall affect this Agreement only to the extent required by such jurisdiction In such a case this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof If you purchased your license to the Software Product in New Zealand and are a resident of New Zealand The New Zealand Consumer Guarantees Act of 1993 New Zealand Act may apply to the Software Product and or the Service as supplied by Hi Rez to you If the New Zealand Act applies then notwithstanding any other provision in this Agreement you may have right
16. of the Software Product without notice or liability You have no interest monetary or otherwise in any feature or content contained in the Software Product 2 Scope of Agreement This Agreement is a legal contract between you and Hi Rez for the game accompanying this Agreement which includes a pre release version of the interactive entertainment software product entitled Paladins in object code format only and the associated media Documentation and Updates if any provided by Hi Rez to you and for which you are granted a license pursuant to this Agreement collectively the Software Product As used in this Agreement Documentation shall mean the Online Terms of Service and Use Agreement Online Privacy Policy and User Manual s that Hi Rez makes generally available to licensees of Paladins As used in this Agreement Updates shall mean any and all patches modifications updates and upgrades with respect to the Software Product that Hi Rez makes generally available to licensees of Paladins The Software Product may only be played by obtaining from Hi Rez access to the Paladins game service the Service which can be done by visiting lt http www paladins com gt the Site or through an authorized distribution channel otherwise provided and approved by Hi Rez either of which is subject to a separate Online Terms of Service and Use Agreement the Terms of Use and will require you to set up an account with Hi Rez The Terms o
17. r information in the event of a crash 14 Duration of the Online Component of the Game The Software Product is an online game that must be tested over the Internet through the Service as provided by Hi Rez You understand and agree that the Service is provided by Hi Rez at its discretion and may be terminated or otherwise discontinued by Hi Rez pursuant to the Terms of Use 15 Disclaimer of Warranties THE SOFTWARE PRODUCT AND SERVICE INCLUDING WITHOUT LIMITATION THE GAME SOFTWARE THE MANUAL S AND ALL DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION UNINTERRUPTED USE MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT The entire risk arising out of use or performance of the Software Product and Service including without limitation the Game Software the Manual s and Documentation remains with the user Some states do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you 16 Limitation of Liability Indemnity NEITHER HI REZ NOR ITS PARENT SUBSIDIARIES AFFILIATES PARTNERS OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE PRODUCT OR ANY USE OF THE SOFTWARE PRODUCT OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF DATA LOSS OF GOODWILL WORK STOPPAGE COMPUTER FAILURE OR MALFUNCTION
18. rvice or Software Product experience or any portion thereof e remove or tamper with any copyright trademark or other proprietary notices contained in or relating to the Software Product Service or game experience or any portion thereof f use cheats automation software bots hacks mods or any other unauthorized third party software tools or content designed to or capable of modifying the Software Product the Service the Site the Paladins experience or any portion thereof exploit the Software Product the Service the Paladins experience or any portion thereof for any commercial purpose including without limitation i use at a cyber cafe PC bang computer gaming center or any other location based site without the express written consent of Hi Rez ii for gathering in game currency items or resources for sale outside the Software Product or inside the Software Product but outside a virtual marketplace owned and maintained by Hi Rez or iii performing in game services in exchange for payment outside the Software Product e g power leveling and similar activities h use any unauthorized third party software that intercepts mines or otherwise collects information from within or through the Software Product or Service including without limitation any software that reads areas of RAM used by the Software Product to store information about a character in game items or the Software Product environment i mod
19. s meant for Alpha Testers only i Any information discussions postings and other communications that are located on the private areas described in Section 3 h j Any comments or information that would allow people who are not currently part of the Alpha Test to gain access to the Alpha Test through either legitimate or illegitimate means k Any feature of the Software Product that is unique to the Software Product or represents an improvement over other video games currently available to consumers Confidential Information shall not include information that is now or hereinafter becomes through no act or failure to act on the part of you generally known to the public The terms of this Section 3 shall survive any expiration or termination of the Agreement and shall continue until such time that a Hi Rez releases a final version of Paladins i e not a pre release version to the general public b the Software Product reaches a pre release state where it becomes available to the general public e g an open beta or c the Software Product enters a testing phase that is no longer restricted by a non disclosure provision 4 Limited Use License By clicking the ACCEPT button and subject to the terms and conditions of this Agreement you may install the applicable pre release software comprising of the Software Product the Game Software onto your computer or applicable hardware device solely for purposes of testing the Sof
20. s or remedies as set out in the New Zealand Act which may apply in addition to or to the extent that they are inconsistent instead of the rights or remedies set out in this Agreement Those who choose to access the Service from locations outside of the United States Canada Australia Singapore or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable g You and Hi Rez agree that if any portion of this Section_18 is found illegal or unenforceable except any portion of Section 18 d that portion shall be severed and the remainder of the applicable section s shall be given full force and effect If Section 18 d is found to be illegal or unenforceable then neither you nor Hi Rez will elect to arbitrate any Dispute falling within that portion of Section 18 d found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Fulton State of Georgia United States of America and you and Hi Rez agree to submit to the personal jurisdiction of that court 19 Miscellaneous This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements provided however that this Agreement shall coexist with and shall not supersede the Terms of Use Excluding your confidentiality obligations set forth in S
21. states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations may not apply to you 17 Equitable Remedies You hereby agree that Hi Rez would be irreparably damaged if the terms of this Agreement were not specifically enforced and therefore you agree that Hi Rez shall be entitled without bond or other security or proof of damages to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement which equitable remedies shall be in addition to such other remedies as Hi Rez may otherwise have available under applicable law In the event any litigation is brought by either party in connection with this Agreement the prevailing party in such litigation shall be entitled to recover from the other party all the costs attorneys fees and other expenses incurred by such prevailing party in the litigation 18 Governing Law Dispute Resolution a To expedite resolution and control the cost of any dispute controversy or claim related to this Agreement Dispute you and Hi Rez agree to first attempt to negotiate any Dispute except those Disputes expressly provided below informally for at least thirty 80 calendar days before initiating any arbitration or court proceeding Such informal negotiations commence upon written notice from one party to the other Hi Rez will send its notice to your billing address and email you a copy to the email a
22. t is protected by copyright laws and international copyright treaties conventions and other applicable law As between you and Hi Rez Hi Rez shall exclusively retain all right title and interest in and to the Software Product the Service the Site your Account and any and all modifications and improvements thereto and copies and derivative works thereof including without limitation any Software Product content Updates and Documentation provided to you The Software Product may contain materials licensed by third parties and the licensors of those materials may enforce their rights in the event of any violation of this Agreement You will not obtain any ownership rights whatsoever in your Account the Software Product the Service the Site your Account or game content Updates or Documentation b Paladins Champions of the Realm and certain related names and logos are the registered trademarks or trademarks service marks and or trade names of Hi Rez These and all other trademarks service marks and trade names used by or in connection with the Software Product the Marks are proprietary rights owned by Hi Rez or its licensors C As between you and Hi Rez you acknowledge Hi Rez s exclusive rights in and to the Software Product and that the Software Product is unique and original to Hi Rez and that Hi Rez is the exclusive owner thereof Unless otherwise permitted by law you shall not at any time during or after the ef
23. tware Product as part of the Closed Alpha by registering for and accessing an account with the Service at the Site the Account Subject to your agreement to and full ongoing compliance with the terms and conditions of this Agreement Hi Rez hereby grants to you a limited non exclusive non transferable license to a install one copy of the Game Software on one or more computers and or applicable hardware devices owned by you or under your legitimate control and b use the Game Software in conjunction with the Service solely for your lawful and non commercial testing purposes as an Alpha Tester You may install the Game Software on multiple computers and or applicable hardware devices owned by you or under your legitimate control but you may only test the Software Product on one computer or one applicable hardware device at any single point in time All use of the Game Software is subject to the terms and conditions of this Agreement and the Terms of Use both of which you must accept before you can use your Account to test the Software Product You agree that Hi Rez is not transferring title to the Software Product to you and that this license shall not be considered a sale of the Software Product 5 Eligibility Your eligibility to participate in the Alpha Test is subject to the following restrictions i you must have registered an Account that is in good standing ii you must be over the age of consent in your state province or lo
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