404 Below, you’ll find legal documentation for all Wargaming.net products & services.
WORLD OF WARPLANES CONTEST 20 SEPTEMBER – 3 OCTOBER 2021
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY ACCEPTING CUSTOMER AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
This End User License Agreement (this “Agreement”) is by and between Wargaming Group Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus (“Provider”) and the individual or entity accepting this Agreement (“Customer”). This Agreement is effective as of the date Customer accepts this Agreement (e.g., clicks “I accept and agree to the End User License Agreement”) (the “Effective Date”). Customer’s use of and Provider’s provision of Provider’s NFTs (as defined below in Section 1) are governed by this Agreement.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON ACCEPTING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON ACCEPTING THIS AGREEMENT ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT.
In consideration of the premises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be bound hereby, the parties agree as follows:
1. LICENSES & RESTRICTIONS.
1.1. NFT. NFTs are non-fungible tokens, ownership of which are registered on a blockchain. The tokens are associated with digital objects (which may include images and/or other digital works) associated with the NFT (“Digital Object”). As detailed below, Customer may own an NFT but shall have only a limited license to the Digital Object.
1.2. Digital Objects. The Digital Objects are subject to copyright and other intellectual property protections, which rights are and shall remain owned by Provider.
1.3. License. Upon Provider’s awarding to Customer of an NFT during Provider’s in-game event(s), Provider hereby grants Customer a limited, nonexclusive, non-sublicensable license to use and display an instance of the Digital Object solely for Customer’s personal, non-commercial use during the Term, subject to Customer’s compliance with the terms and conditions set forth herein, including without limitation, the restrictions in Section 1.4 below. Upon expiration of the Term or breach of any conditions of this Agreement by Customer, all license rights shall immediately terminate.
1.4. License Restrictions. The Digital Object provided pursuant to this Agreement is licensed, not sold, and Customer receives no title to or ownership of the Digital Object. Except for the license expressly set forth herein, no other rights (express or implied) to the Digital Object are granted. Provider reserves all rights not expressly granted. Without limiting the generality of the foregoing, Customer shall not: (a) copy, modify, create derivative works from, or distribute, the Digital Object; (b) display the Digital Object other than as expressly licensed in Section 1.3; or (c) copy, modify, create derivative works from the NFT. Customer shall not sell or otherwise transfer the NFT if the license granted in Section 1.3 is expired or terminated for any reason. If Customer ceases to own the NFT, Customer’s license to the Digital Object terminates immediately. Upon a permitted transfer of ownership of the NFT by Customer to a third party, the license to the Digital Object shall be transferable solely subject to the terms and conditions set forth herein, including those in Section 6.3. Customer agrees not to: i) remove any copyright or other legal notices associated with the NFT or Digital Object; or ii) remove or alter any metadata of the NFT, including without limitation, any link or other reference to license information.
2. IP & FEEDBACK.
2.1. IP Rights in the NFT. Except as expressly set forth herein, Provider retains all intellectual property rights to the NFT.
2.2. Feedback. Customer hereby grants Provider a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) Customer communicates to Provider during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Provider’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. (“Feedback” refers to any suggestion or idea for modifying any of Provider’s products or services, including without limitation all intellectual property rights in any such suggestion or idea.)
3. Disclaimer. PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Customer understands and accepts the risks of blockchain technology. Without limiting the generality of the foregoing, Provider does not warrant that: i) the NFT will perform without error; or (ii) that the Digital Object will be available at all times or even continue to exist. Further, Provider provides no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the NFT made by anyone other than Provider, unless Provider approves such modification in writing; (ii) Customer’s misuse of or misrepresentation regarding the NFT; or iii) any technology that fails to perform or ceases to exist. Provider shall not be obligated to provide any support to Customer or any subsequent owner of the NFT.
4. LIMITATION OF LIABILITY.
4.1. Dollar Cap. PROVIDER’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED FIVE U.S. DOLLARS ($5).
4.2. Excluded Damages. IN NO EVENT WILL PROVIDER BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
4.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS SECTION 4 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 4, Provider’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Provider’s liability limits and other rights set forth in this Section 4 apply likewise to Provider’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
5. Term & Termination.
5.1. Term. The license granted in Section 1 above applies only to the extent that Customer continues to possess the applicable NFT. If at any time the Customer sells, trades, donates, gives away, transfers, or otherwise disposes of the NFT for any reason, this Agreement, including without limitation, the license rights granted to Customer in Section 1 will immediately terminate without the requirement of notice, and the Customer will have no further rights in or to the NFT or Digital Object.
5.2. Termination for Cause. Either party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in thirty (30) days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure.
5.3. Effects of Termination. Upon termination of this Agreement, Customer shall cease all use of the Digital Object and delete, or destroy all copies of the Digital Object in its possession or control. Any provision of this Agreement that must survive to fulfill its essential purpose will survive termination or expiration.
6. MISCELLANEOUS.
6.1. Independent Contractors. The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
6.2. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.
6.3. Assignment & Successors. Subject to the transfer restrictions set forth herein, including in Sections 1.4 and this Section 6.3, Customer may transfer ownership of the NFT (and this license to the Digital Object) to a third-party, provided that Customer has not breached this Agreement prior to the transfer and Customer ensures that such third party is made aware of this Agreement and agrees to be bound by the obligations and restrictions set forth herein. If the third party does not agree to be bound by the obligations and restrictions set forth herein, then the licenses granted herein shall terminate. In no case shall any of the license rights granted herein be transferrable apart from ownership of the NFT. Except to the extent forbidden in this Section 6.3, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns. Any purported assignment or transfer in violation of this Section 6.3, including the transfer restriction in Section 1.4, shall be void. Only a single entity may own the NFT at any time and only that entity shall have a license to the Digital Object. Upon transfer of the NFT from a first user to a second user, the license to the first user for the Digital Object shall immediately terminate. At no time may Customer fractionalize ownership of the NFT and any purported attempt to do so shall be void and immediately terminate the licenses granted herein. Provider may freely assign its rights and obligations under this EULA, in whole or in part, to any third party at any time without any notice.
6.4. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
6.5. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
6.6. Choice of Law & Jurisdiction: This Agreement and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Cyprus, unless otherwise required by the law of the country where the Customer has his habitual residence. Provider and Customer submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to the foregoing sentence.
6.7. Conflicts. In the event of any conflict between this Agreement and any Provider policy posted online, including without limitation the website terms of service or Privacy Policy, the terms of this Agreement will govern.
6.8. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
6.9. Amendment. This Agreement may not be amended in any way except through a written agreement by authorized representatives of the Provider and the current owner of the NFT.