END USER LICENCE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License
Agreement (“EULA”) governs your use of the videogame, application, software, theirassociated upgrades, patches, and updates and related services (the “Product”) currently
provided or which will be provided by UBISOFT ENTERTAINMENT S.A., or any one of its
subsidiaries or affiliated companies, including without limitation UBISOFT EMEA SAS,UBISOFT INC. or UBISOFT MOBILE GAMES SARL (collectively referred to as “UBISOFT").
This EULA sets out the basis on which UBISOFT makes the Products available to you(“User” or ”You”) and on which You may use them. UBISOFT’s Privacy Policy («Privacy Policy ») which can be found on http://legal.ubi.com/privacypolicy/, forms an
integral part of this EULA. By installing or using the Product, You agree to accept and to bebound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one ofthese, please do not install or use the Product.
If You have a UBISOFT Account which can be found on http://www.ubi.com (“Terms ofUse”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To theextent that the provisions of this Agreement conflict with the provisions of the Terms ofUse, the conflicting provisions in the Terms of Use shall govern.
UBISOFT reserves the right to change, modify, add or delete articles in this EULA at any
time, in accordance with the procedures described below in Section 9.
Capitalized terms used in this EULA without definition shall have the meanings specified in
the Terms of Use.
1.

GRANT OF LICENSE.

1.1

UBISOFT (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (inwhole or in part) and any Product (the “License”), for such time until either You or
UBISOFT terminates this EULA. You must in no event use, nor allow others to use,theProduct or this License for commercial purposes without obtaining a license to do so fromUBISOFT. Updates, upgrades, patches and modifications may be necessary in order to beable to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO
YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which
are managed by third-party providers for which additional terms and/or costs may apply.
You must comply with such additional terms: for instance, if the Product is featuring a VoIP
application, then You must comply with the associated wireless data service agreement
when using the Product). Please review such additional terms and costs carefully.
1.2

You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market,

exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile,
disassemble, adapt, reproduce, or create derivate works of this Product (except if the
Product enable You through a specific feature to create, generate or submit User
Generated Content and for which You will need to create an Account and comply Terms ofUse), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script”
or “macro” computer programs or other “cheat” or “hack” programs or software
applications for this Product (whether in an online multiplayer game or in a single player
game over the internet or in local area network); (iv) remove, alter, disable or circumvent
any copyright and trademark indications or other authorship and origin information,
notices or labels contained on or within this Product and (v) export or re-export this
Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3

While using the Product, You agree to comply will all applicable laws, rules andregulations. You also agree to comply with certain rules of conduct that govern Your use of
the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be
modified at any time by UBISOFT. In all cases, You may only use the Product according toanticipated use of the Product.
For example purposes, and without limiting UBISOFT’s rights to take action against You,
You may not:a.

create, use, share and/or publish by any means in relation to the Product any

material (text, words, images, sounds, videos, etc.) which would breach of a duty ofconfidentiality, infringe any intellectual property right or an individual’s right to privacy orwhich would incite the committing of an unlawful act (in particular, piracy, cracking or
circulation of counterfeit software);b.

modify, distort, block, abnormally burden, disrupt, slow down and/or hinder thenormal functioning of all or part of the Product, or their accessibility to other users, or thefunctioning of the partner networks of the Product, or attempt to do any of the above;c.

transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or

similar destructive device or corrupted data in relation to the Product, and/or organise,
participate in or be involved in any way in an attack on UBISOFT’s servers and/or the
Product and/or those of its service providers and partners;d.

create, supply or use alternative methods of using the Products, for example server

emulators;e.

spamming chat, whether for personal or commercial purposes, by disrupting theflow of conversation with repeated postings of a similar nature;f.

transmitting or communicating any material or content which, in the sole andexclusive discretion of UBISOFT, is believed or deemed offensive, including, but not limited
to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory,
disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;g.

harassing or threatening any other users in the Product;h.

make inappropriate use of the help service or the claim buttons or send untruthfulreports to members of UBISOFT’s personnel;i.

falsely claim to be an employee or representative of UBISOFT or its partners and/or

agents;j.

falsely claim an endorsement in connection with the Product or with UBISOFT.

2.

OWNERSHIP.

All title, ownership rights and intellectual property rights in and to the Product (including,
without limitation, all text, graphics, music or sounds, all messages or items of information,
fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans,places, characters, diagrams, concepts, choreographies, videos, audio-visual effects,
domain names and any other elements which are part of the Product, individually or in
combination) and any and all copies thereof are owned by UBISOFT or its licensors. The
Product is protected by national and international laws, copyright treaties and conventions
and other laws. This Product may contain certain licensed materials and, in that event,UBISOFT’s licensors may protect their rights in the event of any violation of thisAgreement. Any reproduction or representation of these licensed materials in any way andfor any reason is prohibited without UBISOFT’s prior permission and, if applicable,UBISOFT’s licensors’ and representatives’. Except as expressly set forth in this EULA, allrights not granted hereunder to You are expressly reserved by UBISOFT.
This License confers no title or ownership in the Product and should not be construed as asale of any rights in the Product.
3.

ACCESS TO THE PRODUCT

3.1

THE PRODUCT IS PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE(“DRM SOFTWARE”) AND DENUVO ANTI-TAMPER PROTECTION TECHNOLOGY(“ANTI-TAMPER TECHNOLOGY”). YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENTTO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE
PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II)THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III)THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTSREQUIRED FOR COPY PROTECTION; (IV) DURING THE INSTALLATION AND/OR THE FIRSTLAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK
THE PRODUCT THROUGH THE DRM SOFTWARE AND (V) CERTAIN FILES OF THE ANTITAMPER TECHNOLOGY MAY REMAIN EVEN AFTER THE PRODUCT IS UNINSTALLED FROMYOUR COMPUTER.
IN NO EVENT SHALL UBISOFT BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT
MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE OR IN CONNECTION
WITH THE ANTI-TAMPER TECHNOLOGY. FOR FURTHER INFORMATION, PLEASE VISIT THE
WEBSITE OF THE DRM SOFTWARE OR OF THE ANTI-TAMPER TECHNOLOGY. AN INTERNETCONNECTION, A UPLAY ACCOUNT AND INSTALLATION OF THE UPLAY CLIENT

SOFTWARE (WWW.UPLAY.COM) AND REGISTRATION WITH ENCLOSED SINGLE-USESERIAL CODE ARE REQUIRED TO ACTIVATE THE GAME AFTER INSTALLATION ON ANY
NEW COMPUTER, AUTHENTICATE YOUR COMPUTER AT ANY GIVEN TIME, ACCESSONLINE FEATURES, PLAY OR UNLOCK EXCLUSIVE CONTENT. WHILE THERE IS NO LIMITTO THE TOTAL NUMBER OF COMPUTERS ON WHICH THE PRODUCT MAY BE ACTIVATED,YOU MAY ONLY ACTIVATE THE PRODUCT ON FIVE (5) DISTINCT COMPUTERS IN A 24
HOUR PERIOD. IF YOU CIRCUMVENT THE DRM SOFTWARE, THE PRODUCT WILL NOT BEACCESSIBLE ANYMORE AND THE LICENSE GRANTED PER THIS END USER LICENSE
AGREEMENT WILL BE DEEMED TERMINATED FOR MATERIAL BREACH. YOU ARERESPONSIBLE FOR KEEPING THE SERIAL CODE OF THIS PRODUCT AT ALL TIMES. YOU
WILL NEED IT TO INSTALL THE PRODUCT ON OTHER COMPUTERS. THE SERIAL CODE MAY
ONLY BE USED FOR ONE SINGLE UPLAY ACCOUNT. AGE RESTRICTIONS MAY BE IMPOSEDTO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
3.2

If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 isapplicable to You and to Your use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable ofconnecting to Internet to access the Products. The term Compatible Mobile Terminals
covers in particular feature phones, smartphones , tablet computers, and personal digitalassistants (PDAs).
a.

Product Access. To use the Product on a Compatible Mobile Terminal, You musthave access to an electronic communication network. The connection costs (including but
not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by
You. You acknowledge that the quality of the Products, the response time or access tocertain features may depend on the capacities of Your Compatible Mobile Terminal and of
the electronic communication network. UBISOFT may in no case be held responsible for
reduced user comfort. You acknowledge that the Product may not be available for use on
all mobile devices or through all carriers or network service providers.
b.

Collection of personal data: In order to provide You with a better game experience,

adapted services and Product support, UBISOFT may collect and store data about You in
relation to Your use of the Product, Your connection information and/or Your Compatible

Mobile Terminal. Certain data is recorded, archived, analysed and used to create user
statistics. Your privacy is very important to UBISOFT and UBISOFT will not reveal Your
personal data to third parties except when expressly authorised by You to do so or in
special circumstances. UBISOFT may be under a duty to disclose or share Your personal
data in order to comply with a legal obligation, or in order to protect UBISOFT’s rights
and those of other users and third parties. This includes exchanging information with othercompanies and organisations for the purposes of fraud protection and credit risk
reduction. In addition, UBISOFT reserves the right to collect, store and use anonymous data
about You. For further information concerning UBISOFT’s use of Your personal data,
please refer to the Privacy Policy.
c.

Analytics Tools and Ad Serving Technology. UBISOFT uses third party analytics tools

to collect information concerning Your and other users’ gaming habits and use of the
Product. The information collected may contain the following, without limitation: mobile
device unique identity or other device identifiers and settings, carrier, operating system,
localization information, date and time spent on the Product, game scores, game metrics
and statistics, feature usage, advertising conversion rates, monetization rate, purchasehistory and other similar information. UBISOFT uses third party ad serving technologies
that may collect information as a result of ad serving in the Product and that may
temporarily display advertisements in the Product. The information collected and used forthe targeted advertising may contain the following, without limitation: age and gender,
number views of an advertisement, mobile device unique identity or other device
identifiers and settings, information about Your use of the Product, Compatible Mobile
Terminal, and other Internet sites (including third party web pages and mobile Internet
sites) viewed by You (as well as date and time viewed), advertisement(s) served, theadvertisement(s)’ in game location and length, and Your response to theadvertisement(s) (if any). The analytics tools and ad serving technologies may use server
log files, web beacons, cookies, tracking pixels and other technologies to collect said
information and may combine the information collected on other UBISOFT Products andservices with information collected from other third party websites and mobile products
and services and with demographic, advertisement, market and other analytics surveys.
Standing alone, this information is not personal data; however, if UBISOFT combines any ofthis information with personal data, UBISOFT will treat this information as personal data
pursuant to our Privacy Policy. You will find a non-exhaustive list of our partners whose
analytic tools and ad serving technologies are used in our Product(s) at
https://legal.ubi.com/partners/. UBISOFT makes its best efforts to provide You with thelinks to our partners’ own privacy policies according to which their tools andtechnologies are used and when available the link to allow You to opt-out from theirservices.
4.

CONSENT TO MONITOR.

When You are using the Product, the Product may monitor Your hardware random accessmemory (RAM) for unauthorized third party programs prohibited by Section 1 that interact
with the Product. In the event that the Product detects such an unauthorized third party
program, information may be communicated back to UBISOFT, including the name of yourAccount, your internet protocol (IP) address, details about the unauthorized third party
program detected, and the time and date that the unauthorized third party program was
detected, along with the hardware specifications and performance characteristics of Your
hardware, with or without additional notice to You. If the Product detects the use of anunauthorized third party program, this License and Your access to the Product may beterminated with or without additional notice to You.
However, please note that UBISOFT is not responsible for and does not endorse theopinions, advice and/or recommendations displayed or sent by You in the Product,
including in game chats. Such communications are the sole responsibility of the user inquestion.
5.

LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.

If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6
is applicable to You:UBISOFT warrants that the physical medium containing the Product shall be free fromdefects in material and workmanship for a period of ninety (90) days from the date of Your
purchase of such medium. In the event that the medium containing the Product proves tobe defective during that time period, UBISOFT will, at UBISOFT’s option, free of charge,

(a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or
greater value (in the event the Product is not longer being manufactured by UBISOFT or
available in UBISOFT’s inventory), or (d) refund Your money when You present UBISOFT
with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When
returning the Product for warranty replacement please send the original Product disc,
cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy
of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) abrief note describing the defect, the problem(s) You are encountering and the hardware
and system on which You are running the Program.
6.

WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED
ON AN “AS IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS,CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND
HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITSCONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B)ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOTWARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE
PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE
OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILLUBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICEPROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE
OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT
LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR

NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION(WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL
LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE
REMEDY IN THE EVENT OF A DISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNELPARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT;AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASEDFOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE
APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND(DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICEPROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT UBISOFT, ITS
AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE
LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR
THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIMEYOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH ORPERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR
FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND
ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONSOF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
7.

INDEMNITY.

You are solely responsible for any damage caused to UBISOFT, its licensors, channel
partners and associated service providers and subcontractors, other users of the productor any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS
AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICEPROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS,

LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLYOR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A
VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE
PRODUCT. UBISOFT reserves the right to take sole responsibility, at its own expense, for
conducting the defense of any claim for which You agreed to indemnify UBISOFT. The
provisions of this Section 7 shall remain in force after termination of this EULA.
8.

TERMINATION.

The EULA is effective from the earlier of the date You purchase, download or use theProduct, until terminated according to its terms. You and UBISOFT (or its licensors) may
terminate this EULA, at any time, for any reason. Termination by UBISOFT will be effective
upon (a) notice to You or (b) termination of Your UBISOFT Account (if any) or (c) at the timeof UBISOFT’s decision to discontinue offering and/or supporting the Product. This EULA
will terminate automatically if You fail to comply with any of the terms and conditions of
this EULA. Upon termination for any reason, You must immediately uninstall the Productand destroy all copies of the Product in Your possession.
9.

CHANGES TO THIS EULA OR TO THE PRODUCT.

UBISOFT reserves the right, in its sole and absolute discretion, to revise, update, change,
modify, add to, supplement, or delete certain terms of this EULA for security, legal, bestpractice or regulatory reasons. Such changes will be effective with or, as applicable,
without prior notice to You. You can review the most current version of this EULA byclicking on the “EULA” link located on the Product or on ubi.com. You are responsible forchecking this EULA periodically for changes. If any future changes to this EULA are
unacceptable to You or cause You to no longer be in agreement or compliance with this
EULA, You may terminate this EULA in accordance with Section 8 and must immediately
uninstall the Product and destroy all copies of the Product. Your continued use of the
Product following any revision to this EULA constitutes Your complete and irrevocableacceptance of any and all such changes.
UBISOFT may modify the Product for any reason or without any specific reason, at any timeand at its entire discretion, in particular for technical reasons such as updates, maintenanceoperations and/or resets to improve and/or optimize the Product. You agree that theProduct may install or download the modifications automatically. You agree that UBISOFT
may stop to support previous versions of the Product upon availability of an updated
version. UBISOFT’s channel partners and associated service providers shall have no
obligation to furnish any maintenance or customer support with respect to the Product.
UBISOFT also reserves the right to amend the Rules of Conduct set out in Section 1 toplace limits on the use of the Product.
10.

MISCELLANEOUS.

10.1 Export Controls. The Product is subject to all applicable export restrictions. You mustcomply with all export and import laws and restrictions and regulations of any UnitedStates and foreign agency or authority relating to the Product and Your use of the Product.
The Product may not be re-exported, downloaded or otherwise exported to, or installed bya national or resident of, any country to which the United States has embargoed goods, orto anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. 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.
10.2 Severance. If any court of competent jurisdiction or competent authority finds thatany provision of this EULA is invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed to be deleted, and the validity andenforceability of the other provisions of this EULA shall not be affected. If any invalid,
unenforceable or illegal provision of this EULA would be valid, enforceable and legal ifsome part of it were deleted, the provision shall apply with the minimum modificationnecessary to make it legal, valid and enforceable to reflect UBISOFT’s initial intentions.
10.3

No Waiver. No failure or delay by UBISOFT (or its licensors) to exercise any right orremedy provided under this EULA or by law shall constitute a waiver of that or any otherright or remedy, nor shall it preclude or restrict the further exercise of that or any otherright or remedy. No single or partial exercise of such right or remedy shall preclude or
restrict the further exercise of that or any other right or remedy. Waiver of a right orremedy may be considered to have taken place only after signing of a written statement tothis effect by UBISOFT or by the User.
10.4

Law, Jurisdiction and Dispute Resolution.

10.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims
arising out of or in connection with it, or its subject matter or formation (including noncontractual disputes or claims) are governed by and construed in accordance with the lawsof the United States and the State of California, without giving effect to any principles ofconflicts of laws. This EULA shall not be governed by the United Nations Conventions ofContracts for the International Sale of Goods, the application of which is hereby expressly
excluded from any interpretation of this EULA.
10.4.2 UBISOFT’s goal is to provide you with a neutral and cost-effective means ofresolving a dispute quickly. Thus, for any claim related to this EULA where the total amountsought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD,
you must, initiate dispute proceedings by completing the Notice of Dispute Form
accessible at https://legal.ubi.com/NoticeOfDispute/en-US . UBISOFT may offer to settle
the claim, provided however that if the dispute is not resolved within 30 days from the dateof UBISOFT's offer to settle or UBISOFT's receipt of the Notice of Dispute Form (whicheveris later), you may invoke binding arbitration by filing a separate Demand for Arbitration
accessible at https://legal.ubi.com/DemandForArbitration/en-US . A party electing
arbitration shall initiate it through an established alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider and the parties mustcomply with the following rules: (a) the arbitration shall be conducted, at the option of theparty seeking relief, in person, by telephone, online, or based solely on written
submissions; (b) any in person arbitration will take place in the county in which the city or
town you have entered as your residence sits (and if neither is applicable, then thearbitration shall take place in San Francisco County, California); (c) either party may bring aclaim in small claims court in lieu of arbitration; (d) the ADR provider may award any formof individual relief; (e) UBISOFT will pay all costs for non-frivolous claims; (f) any judgmenton the award rendered by the arbitrator may be entered in any court of competentjurisdiction; (g) UBISOFT may not seek reimbursement of its attorney's fees in connection

with such arbitration; (h) in the event you receive an arbitration award greater thanUBISOFT's last written settlement offer, UBISOFT will pay a ten thousand U.S. Dollar($10,000.00 USD) minimum recovery and twice the amount of your attorney's fees, (i)claims must be brought in the parties' individual capacity, and not as a plaintiff or classmember in any purported class or representative proceeding. You hereby agree that forany dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge
or jury), you waive any right to participate as a member of a class in a class action or similar
proceeding, and you will abide by the dispute resolution mechanism in this Section.
10.4.3 For any dispute that is equal to or more than $10,000 and is not resolved or
arbitrated under Section 10.4.2 of this EULA, it is hereby agreed that any action at law or inequity arising under this EULA shall be finally adjudicated or determined in any court or
courts of the State of California, or of the United States of America, in Los Angeles County,
California and the parties hereto hereby submit generally and unconditionally to thepersonal and exclusive jurisdiction and venue of these courts in respect to any such matterand consent to service of process by any means authorized by California law.
10.4.4 All claims you bring against UBISOFT must be resolved in accordance with thisSection 10. All claims filed or brought contrary to this Section shall be considered
improperly filed and a breach of this EULA. Should either party file a claim contrary to thisSection, the other party may recover attorneys' fees and costs up to ten thousand U.S.
Dollars ($10,000.00USD), provided that such party seeking such fees has notified the otherin writing of the improperly filed claim, and the other has failed to promptly withdraw theclaim.
For any questions concerning this EULA, you may contact UBISOFT at the following
address: support@ubisoft.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
https://legal.ubi.com/ThirdPartyTextMicrosoftDirectX9/en-US
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