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User License Agreement (“Agreement”) is a contract between you and Perfect World Entertainment, Inc. ("PWE," "we" or "us") for all software provided by PWE in connection with the Games and the Service (both as defined below) together w ith all updates, patches, supplements and replacements provided by PWE and all a pplicable documentation (collectively the "Software"). PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT Y OU AND YOUR USE OF THE SOFTWARE. BY CLICKING "I ACCEPT" OR BY INSTALLING, COPYI NG OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT A ND THE RELATED TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND THE TER MS OF SERVICE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. 1. Software License. Subject to the terms of this Agreement, the Terms of Service that governs your use of the Service (defined below), and your complianc e with any Rules of Conduct posted on the Website (as defined below) or otherwis e provided to you by PWE (the "Rules of Conduct") we grant you a nonexclusive, n on-transferable license to install and use the Software, in object code form onl y, on one or more personal computing devices under your control solely to access and use the Service for your own personal, noncommercial entertainment use. An y PWE software that updates, supplements or replaces the original Software is go verned by this Agreement and is included within the definition of the term Softw are unless separate license terms accompany such update, supplement or replaceme nt, in which case such separate terms will govern in the event of a conflict wit h this Agreement or as otherwise provided in such separate terms. As used herei n, the term “Service” means collectively the PWE website located at www.perfectworld .com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites (collectively, the "Website"), any games operated by PW E through the Website ("Games"), and all features, functions, software and servi ces offered through the Website. 2. License Limitations. The preceding states the entirety of your rights w ith respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or auth orize or permit any third party to do, any of the following: (a) distribute, lic ense, rent, lease, sell or transfer the Software; (b) use the Software for any c ommercial or business purposes or otherwise for any purpose other than your own personal entertainment use; (c) reverse engineer, decompile, disassemble or atte mpt to discover the source code for the Software; (d) modify, alter or create an y derivative works of the Software; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software, (f) use any third party software to modify the Software or the Service or to change game pla y; (g) redirect, intercept or emulate any communication protocols used by PWE as part of the Service by any means, including but not limited to protocol emulati on, reverse engineering, packet sniffing, or modifying or adding components to t he Software; (h) provide, host, facilitate, link to or use any private servers, emulators, "matchmaking" services or other means by which the Games may be playe d outside of the Service; or (i) create, use or maintain any unauthorized connec tions to the Software or the Service. All such connections may only be made thro ugh methods and means expressly approved by PWE, and Games may only be played on sites hosted by (or under the authority of) PWE. 3. Changes to Agreement. PWE may amend or modify this Agreement (and the T erms of Service and any other related agreements or terms) at any time in our so le discretion. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise providing you a copy thereof, and y
you understand and agree that when you communicate with other players withi . . then the S oftware may also communicate further information back to PWE regarding the user and the Unauthorized Program. including without limitation information relating to hardware capacity. and you hereby consent to. you must stop using the Software. PWE DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS. However. LOSS OF AWARENESS. We and our licensors own all rights. you understand that we hav e no obligation to furnish any updates or patches to you pursuant to this Agreem ent. modifications and the presence of unauthorized third part y programs. enhance or otherwise modif y in any manner the Games. 5. TRANSMIT D ATA IN A SECURE MANNER. AND WITHOUT WARRANT Y OF ANY KIND. OR ANYONE IN YOUR FAMILY. the Software and/or the Service at any time without n otice. DEFECTS AND ERRORS. you are signifying your acceptance of any revised or updated terms. Disclaimers and Consents. WITHOUT LIMITING THE FOREGOING." WITH ALL FAULTS. The Software is the valuable property of PWE and its licenso rs and is protected by copyright and other intellectual property laws and treati es. and waive any furth er notice of. (e) You understand and agree that the Software may monitor and communicate i nformation from your computer. ANY INVOLUNTARY MOVEMENT. PWE SHALL HAVE N O LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE S ERVICE.ou waive any right you may have to receive specific notice of such changes or mo difications. Furt her. ERRORS. If not. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. such upload and installation. including all copyright and other intellectual property rights in the Softw are. DI SORIENTATION. as it may be amended or modified from time to time. If the Software detects an Unauthorized Program. EYE OR MUSCLE TWITCHES. We will indicate at the top of this Agreement the date it was last updated. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMP TOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. Ownership. (a) THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. allow users to modify or hack any portion of the Software or the Service (other than as expressly authorized by PWE) or intercep t or collect any information from or through the Software or the Service ("Unaut horized Programs"). the most recent version may automatically be uploaded to and installed o n your computer. TO THE MAXIMUM EXTENT PERMITTED BY LAW. (d) When we update or “patch” the Software. IF YOU. (c) You understand and agree that PWE may update. FITNESS FOR A PARTICULAR PURPOSE. ACCORDINGLY. (b) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOS ED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SOFTWARE. VIRUSES OR OTHER DEFECTS. THE SOFTWA RE IS PROVIDED "AS IS. we may utilize a patch routine to ve rify whether the most recent version of the Game is installed on your computer. including without limitation information about the users account and User ID and about the Unauthorized Program and its use. SO THE ABOVE LIMITATION ON I MPLIED WARRANTIES MAY NOT APPLY TO YOU. If you do not agree to the amende d terms. By continuing to use the Software. ALTERED VISION. CONSULT YOUR PHYSICIAN PRIO R TO USING THE SERVICE. INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY. HAVE AN EPILEPTIC CONDITION. You agree to and are responsible for checking this Agreement periodic ally so you will be familiar with its contents. OR CONVULSIONS. including programs that enable or facilitate cheating or obtaining a n unfair advantage of any kind. PWE DISCLAIMS ALL WARRAN TIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SOFTWARE . 4. OR FUNCTION PROPERLY WITH THE SERVICE. INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA. title and interest in and to the Softw are. modifying or replacing any prior version of the Software that m ay be installed on your computer. IMMEDIATELY DISCONTINUE USE OF THE SOFTWARE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE S ERVICE: DIZZINESS. OR NONINFRINGEMENT OR ITS PERFORMANCE OR SUITABILITY F OR YOUR INTENDED USE.
employees and agents ("PWE Parties"). and we may. Termination. 8 (Termination). 9 (Compliance with Law). immediately upon notice to you. use or otherwise export or re-expor t the Software except in full compliance with all applicable laws and regulation s. 8. IN NO EVENT SHALL ANY OF THE PWE PARTIES BE LI ABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT. 6 (Indemnification). SOME STATES DO NO T ALLOW THE EXCLUSION OR LIMITATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 7. SPECIAL OR PUNIT IVE DAMAGES (INCLUDING LOSS OF PROFITS). Unless expressly prohibited by local law. WA RRANTY. and each of their respect ive members. EVEN IF A PWE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You hereby irrevocably con sent to jurisdiction of the state and federal courts located in San Mateo County . this Agreement is governed by the laws of the State of California. damages. indemnify and hold PWE. 10. beta. CONSEQUENTIAL. without limitation. you may not download.” You acknowledge that you have no expectation of privacy with re spect to any such communications or postings. You shall comply with all applicable laws regardin g your use of the Software. Without l imiting the foregoing. Pre-Release Versions. suit. 9. reasonable attorneys' fees) arising out of or related to your use of. You may terminate this Agreement by cancelling your PWE Service account ope ned in connection with your use of the Software and deleting all copies of this Software in your possession or control. the Service and your playing of the Games. You agree to defend. You will not prosecute any action. officers. but not limited to. and (c) Sectio ns 4 (Ownership). in which case this Agreement shall terminate automatically without notice to y ou. SO T HE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DOLLARS (US$5). 10 (Governing Law. 6. TORT. liabilities and expenses (includin g. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PWE PARTIES (WHETHER IN CONTRACT. with or with out cause. its affi liates. monitor all such communications and postings. directors. including those that are desi gnated as “private. J urisdiction) and 11 (General) will survive any such termination. Compliance with Law. PWE may also discontinue the Service . ARISING OUT OF OR RELATING TO THE SOFTWARE.N . PWE may terminate this Agreement at any time. The U. Indemnification. (b) you must immediately cease all use of the Software and destroy o r erase all copies of the Software in your possession or control. without regar d to any conflict of law principles to the contrary. such communications and postings are transmitted through our servers. forums or chat rooms. the laws of the United States. Jurisdiction. In the event th e Terms of Service agreement between you and PWE is terminated for any reason. In the event of the termination of this Agreement for any reason: (a) the license granted to you in this Agreement will terminate. t his Agreement shall be terminated automatically without notice to you. harmless from and against all claims.n a game or utilize any interactive features available through the Software or S ervice. STRICT LIABILITY OR OTHER THEORY) ARISING OUT O F OR RELATING TO THE SOFTWARE EXCEED FIVE U. including. TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.S. or other pre-release version of the Software (a "Pre-Rel ease Version"). WHETHER IN AN ACTION IN CONTRACT. Governing Law. 7 (Limitati on of Liability). proceeding or claim arising unde r or by reason of this Agreement or the Software except in such courts. then the following additional terms shall apply: . independent contractors and service providers. Convention on Contracts for the International Sale of Goods or any successor t hereto is expressly disclaimed and does not apply to this Agreement. but are not obligated to. the Software. 5 (Disclaimers and Consents). and you expressly consent to the m onitoring and information collection described in this Section 5(d). 11. such as instant messaging. PRODUCT LIABILITY. If the Software you have received with this Agree ment is an alpha. costs. Limitation of Liability. California with respect to any proceeding regarding this Agreement or the Soft ware.
features. (a) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid. transform. know-how or techniques contained in such Feedback for any pu rpose whatsoever. and any attempted assignment without such consent shall be void. sets forth our entire agreement with respect to the Softwa re and the subject matter hereof and supersedes all prior and contemporaneous un derstandings and agreements whether written or oral. return or preserve any Feedback you provide to us. irrevocable. without limitation. or unenforceable. Al l Feedback will be the confidential information of PWE. royalty-free. gameplay and functionality of the Software and Service (“Feedback”) and will make yourself available to PWE on a reasonable basis for this purpose. and you will not use or disclose any such Feedback to any third party without PWE’s prior written consent in each instance. t he remainder of this Agreement will remain in full force and effect. disclose. suggestions. 12. General. together wit h the Terms of Service and all other agreements. developing. (c) Entire Agreement. This Agreement. comments. distribute and otherwise exploit any such Feedback without li mitation and without compensation of any kind. You may not assign this Agreement or any of its rights under this Agreemen t without the prior written consent of PWE. exhibit. create derivative works. display. illegal. We will hav e no obligation to consider. mark eting and selling products and services incorporating such Feedback. concepts. manufacturing. (b) Assignm ent. . without lim itation. terms and policies incorporated herein by reference. including. information a nd feedback on the results of such tests and evaluations (including. or the like) regarding the performanc e.(a) You will at your own risk and expense perform tests and other evaluation s of the Software and Service. Further. we will be free to use a ny ideas. (b) In consideration of your ability to use the Pre-Release Version. use. questions. you her eby grant to PWE an exclusive. use. You will provide to PWE materials. perpetual worldwide ri ght and license to reproduce.
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