8. TERMINATION
This EULA remains in effect until terminated. You may terminate the EULA at any time by removing or uninstalling the Product from your media by destroying the Product in your possession.
The EULA will automatically be terminated by QD if you fail to comply with any of the terms and conditions hereof, after a formal notice has been served without success within eight days, unless it is of a particularly serious nature. In the event of termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall survive termination, to the extent provided by mandatory provisions of applicable law.
Exclusion for infringement of intellectual property
You acknowledge that you have been informed that failure to comply with an intellectual property right of QD or its Licensors may result in the immediate termination of the EULA. In particular, the sale or provision of content from the Product to third parties, via social forums or via any or all means will result in the immediate termination of this Agreement, without prejudice to QD's right to sue the infringing player.
Exclusion for non-compliance with Gameplay
You acknowledge that you have been informed that any attempt to circumvent the gameplay of the Product in order to distort the normal rules of progress provided for by the game may result in the immediate termination of the EULA. Any information communicated by you to third parties on the possible implementation of means likely to circumvent the gameplay may lead to legal action against you.
9. COLLECTION OF PERSONAL DATA AND INFORMATION
When using the Product, QD (or its service providers) may collect, store and process, among other things, the following information for user statistics purposes: data on your hardware and software configuration (when installing the Product and when changing your computer's hardware), device IDs, in-game data, including, but not limited to, your score, game statistics, performance, rankings, game time, and other usage statistics or similar information.
We may also collect, store and use anonymous data about you.
The processing of personal data is based on a legitimate interest of QD in order to provide the best gaming experience. In addition, the processing of your personal data is necessary for the performance of this EULA.
Specific pieces of information, such as the IP address and user ID, may be collected by QUANTIC DREAM or its service providers for the purpose of authenticating software products, preventing fraud and piracy, or to help us identify and correct errors and bugs in our games.
Further details regarding the collection, processing and transfer of this data are described in QD's Privacy Policy, available online at https://www.quanticdream.com/en/privacy-policy .
In accordance with the General Data Protection Regulation (GDPR), you have the right:
- to access your data,
- to correct, update or complete your data when it is inaccurate, misleading, incomplete or out of date,
- to erase your data ("right to be forgotten"),
- to oppose or limit the processing of your personal data,
- to request data portability.
To exercise these rights, please send your request:
- By e-mail to the following address: privacy@quanticdream.com
or
- Or by mail: Quantic Dream, 30 rue Raoul Wallenberg, 75019 Paris (France)
Please attach a copy of your identity card or equivalent.
QD will respond to your request within one month of receiving your request.
In accordance with the GDPR, this period may be extended by two further months where necessary, taking into account the complexity and number of the requests received by QD.
In this case, we will inform you of the extension and the reason for it within one month of receiving your request.
QUANTIC DREAM has appointed VIRTUAL DPO as the outsourced Data Protection Officer (DPO). If you have any questions, you can go directly to our DPO's website www.virtual-dpo.fr.
You can also address any complaints to the national supervisory authority in your country (such as the CNIL if you are a French resident).
10. WARNING ABOUT THE RISK OF EPILEPSY AND THE PRECAUTIONS TO BE TAKEN WHEN USING A VIDEO GAME
Some people are likely to have seizures or loss of consciousness when they see certain types of flashing lights or frequent elements in our daily environment. These people are exposed to seizures when they watch certain television pictures or play certain video games. These phenomena may occur even though the subject has no medical history or has never had an epileptic seizure. If you have ever had symptoms related to epilepsy (seizure or loss of consciousness) with light stimulation, please consult your physician before use. In any case, please observe the following rules when using a video game:
- avoid playing if you are tired or sleep-deprived;
- make sure you are playing in a well-lit room;
- during use, take breaks of ten to fifteen minutes every hour.
11. FORUMS
In the event that QD makes forums available to players allowing them to exchange with each other in connection with their use of the Product, You undertake not to make any comments that may be considered defamatory, insulting, racist, p**nographic, discriminatory, immoral, violating the rights of third parties or contrary to the regulations in force.
12. MISCELLANEOUS
This EULA represents the entire legal agreement between you and QD with respect to the Product and supersedes all prior agreements, representations, warranties or understandings between you and QD on the same subject matter.
If any part of the EULA is found to be invalid or unenforceable under applicable law, including, but not limited to, the warranty exclusions and limitations of liability set forth above, then the invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the EULA shall remain in effect.
The failure or delay of QD (or its Licensors) to exercise any right or remedy provided by this EULA or by law does not constitute a waiver of such right or any other right or remedy, nor does it prevent or restrict the further exercise of such right or remedy. The sole or partial exercise of such right or remedy shall not prevent or restrict the subsequent exercise of such right or remedy or any other right or remedy. The waiver of a right or remedy may only be considered to have occurred after the signature of a written declaration to that effect by QD or by you.
QD may assign this Agreement, in whole or in part, at any time. However, you may not assign, transfer or sub-license any or all of your rights or obligations under the EULA without the express prior written consent of QD.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are listed above.
You are not authorised to export, download or re-export the Product to any country (national or resident) subject to an embargo in force.
13. APPLICABLE LAW
The Product is intended for use and should only be used in countries where such use is legally permitted.
In the event of a claim or action relating to or resulting from this EULA, and after an attempt to seek an amicable solution, the following rules shall apply, notwithstanding multiple defendants or warranty claims, even for emergency or protective proceedings, in summary proceedings or by motion:
If you reside in France, this EULA is governed by French law and express jurisdiction is vested in the French courts. In the event of a dispute with us, you have the possibility to refer the matter to a consumer ombudsman DEVIGNY MEDIATION before referring it to the competent court. To settle a dispute, you must first send us a written complaint. One month later, if you are still not satisfied, you may use the DEVIGNY MEDIATION service simply and free of charge by submitting your file electronically at www.devignymediation.fr or by mail to :
AGREED CONSUMER MEDIATOR
DEVIGNY MEDIATION
9, avenue René Gasnier - D01
49100 Angers
France
It is reminded that mediation is not always mandatory but only proposed in order to resolve disputes by avoiding recourse to the courts.
If you reside in the United States, this Agreement is governed by the laws of the State of California, without applying its conflict of laws rules and express jurisdiction is vested in the California courts.
If you reside in a country other than France or the United States, this EULA is governed by French law and the French courts have exclusive jurisdiction, unless the laws of your country of residence provide otherwise. If you are a resident of the European Union, you can, in accordance with Article 14 of Regulation (EU) No. 524/2013, access the Online Dispute Resolution platform set up by the European Commission and facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: ec.europa.eu/consumers/odr.
14. WAIVER OF CLASS ACTION
This Article 14 shall apply only to the extent permitted by the laws in force.
You agree not to initiate or participate in any legal or class action, general action with a private lawyer or class arbitration in connection with the Product or this EULA. You also agree not to seek to associate any action or arbitration in connection with the Product or this Agreement with any other action or arbitration without the consent of all parties to this EULA and any other actions or arbitrations.
