LICENSE TO USE TRACKMANIA NATIONS ESWC
Please read this License carefully before installing the game ("TrackMania Nations ESWC").
This License is an agreement between you, the "User", and Nadeo and/or its licensors and/or its beneficiaries ("Nadeo"), which grants the User the non-exclusive and non-transferable right to use TrackMania Nations ESWC.
By installing TrackMania Nations ESWC, the User is undertaking to respect the terms and conditions of the License.
1- The License
Nadeo grants the User a non-exclusive and non-transferable License to use TrackMania Nations ESWC, but remains the owner of all the rights relating thereto.
Any rights not specifically transferred by this License remain the property of Nadeo.
Nadeo reserves the right to modify the terms of this license from time to time.
TrackMania Nations ESWC is licensed and not sold to the User, for private use.
The License does not confer any right or title to TrackMania Nations ESWC and cannot be understood as a transfer of intellectual property rights to TrackMania Nations ESWC.
2- Ownership of TrackMania Nations ESWC
The User recognises that all of the rights associated with TrackMania Nations ESWC and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in TrackMania Nations ESWC), as well as the rights relating to the trademark, royalties and copyrights, are the property of Nadeo and are protected by French regulations or other Laws, Treaties and international agreements concerning intellectual property.
3- Use of TrackMania Nations ESWC
The User is authorised to use TrackMania Nations ESWC in accordance with the instructions provided in the manual or on the packaging of TrackMania Nations ESWC.
The License is granted solely for private use.
You may only use Nadeo client software to access and/or use the game.
As a condition of your use of the game, you will not use the game for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the game in any manner that could damage, disable, overburden, or impair the game or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the game or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the game. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the game. You may not use access to the game to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access the game.
It is not permitted:
- To make copies of TrackMania Nations ESWC,
- To operate TrackMania Nations ESWC commercially,
- To use it contrary to morality or the laws in force,
- To use the game in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise),
- To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others,
- To publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information,
- To transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same,
- To use any material or information, including images or photographs, which is made available through the game in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party,
- To use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the game or other user or usage information or any portion thereof,
- To violate any code of conduct or other guidelines which may be applicable to the game,
- To use any portion of the game to harvest or otherwise collect information about others, including e-mail addresses,
- To modify TrackMania Nations ESWC or create any derived work,
- To transmit TrackMania Nations ESWC via a telephone network or any other electronic means, except during multi-player games on authorised networks,
- To decompile, reverse engineer or disassemble TrackMania Nations ESWC,
- To cheat by modifying files, using special tools and any other way.
Always use caution when giving out any personally identifiable information about yourself or your children in the game. Nadeo does not control or endorse the content, messages or information exchanged by means of the game and, therefore, Nadeo specifically disclaims any liability with regard to the game and any actions resulting from your participation in the game.
You are responsible for all activities that occur in your game account. You agree to notify Nadeo immediately of any unauthorized use of your account or breach in security known to you related to the game.
Nadeo reserves the right to remove, edit, move, close or suspend any account for any reason.
The User cannot sell, sublicense or lease TrackMania Nations ESWC to a third party.
The User can only transfer TrackMania Nations ESWC if the recipient agrees to the terms and conditions of the License. In this event, the User undertakes to transfer all components and documentation relating to TrackMania Nations ESWC. He also undertakes to delete any copy of TrackMania Nations ESWC from his computer. In this event, this License is automatically and immediately terminated.
4- Termination of the License
The License is effective from the first time TrackMania Nations ESWC is used.
It is terminated automatically by Nadeo without notice if the User fails to adhere to the terms and conditions of the License.
5- Warrantee Limitation
The User recognises expressly that he uses TrackMania Nations ESWC at his own risk.
TrackMania Nations ESWC is provided as is. The User is responsible for any costs of repairing and/or correcting TrackMania Nations ESWC.
To the extent of what is laid down by the Law, Nadeo rejects any warrantee relating to the market value of TrackMania Nations ESWC, the User’s satisfaction or its capacity to perform a specific use.
The User is responsible for all risks connected with lost profit, lost data, errors and lost business or other information as a result of owning or using TrackMania Nations ESWC.
As some legislations do not allow for the aforementioned warrantee limitation, it is possible that it does not apply to the User.
6- Liability
In no event can Nadeo be held liable for any direct, consequential, accidental, special, ancillary or other damages arising out of the use or inability to use TrackMania Nations ESWC, as well as out of the ownership or poor functioning thereof, even if Nadeo has been advised of the possibility of such damages.
In particular, Nadeo accepts no liability regarding use of TrackMania Nations ESWC contrary to the precautions for use set out in the manual and on the packaging.
As some legislations do not allow exemption from liability in the event of direct or incidental damages, it is possible that the aforementioned exclusion does not apply to the User.
This License to use TrackMania Nations ESWC grants specific rights to the User and he may have other rights depending on the laws in his State.
7- Indemnity
You agree to indemnify and hold Nadeo, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the game, the violation of these Terms of Use by you, or the infringement by you, or other user of the game using your computer or identity, of any intellectual property or other right of any person or entity.
8- Customer support
Nadeo may, but is not required to, provide you with customer support (“Support”). Unless you have entered into a separate written support agreement with Nadeo with respect to the game, Nadeo may terminate any Support it provides at any time in its sole discretion.
9- Electronic notices
You consent to Nadeo providing you any information regarding the game in electronic form. Nadeo may provide such information to you via e-mail at the e-mail address you specified when you registered for the game. As long as you access and use the game, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the game.
IF YOU PURCHASED YOUR COPY OF TrackMania Nations ESWC IN AN EEA MEMBER COUNTRY OTHER THAN FRANCE, GERMANY, SPAIN AND THE UNITED KINGDOM, THEN THE FOLLOWING TERMS SHALL APPLY TO YOU
In Game Advertising
· TrackMania Nations ESWC uses technology developed by IGA Partners Limited ("IGA") which delivers content and information to and from the game and game environment when you use TrackMania Nations ESWC while connected to the Internet. Such content may include advertising material created by third parties and may be sent from a remote server inside or outside of the European Union and such information may include the data described below.
· Both NADEO and IGA make a commitment to protecting your privacy and promise only to use information collected about you in accordance with applicable national data protection law and the European Directives on Data Protection (95/46) and Privacy and Electronic Communications (2002/58/EC).
· IGA will not collect data such as your name, email address, postal address or telephone number unless it is specifically requested and subsequently agreed by you on an opt-in basis. The only information which will be collected automatically is the IP address assigned to you by your Internet service provider. This may or may not identify you, however in the case that it does, these provisions are designed to protect you and to comply with all obligations IGA has.
· In using TrackMania Nations ESWC IGA may record data relating to your movements, interaction and experience within TrackMania Nations ESWC using your IP address when the computer which TrackMania Nations ESWC is installed / used on is connected to the Internet. This information will be kept securely in accordance with the internal security policy of IGA and will be used to measure and enhance the inclusion of messages related to marketing, promotion and market analysis as well as to provide you with an up to date, enjoyable and dynamic gaming experience. In particular, the information which is recorded may be used to analyse the placement of advertising material within TrackMania Nations ESWC, the length of time the advertising is visible on your screen, the game in which the advertising appears and associated data to assist IGA in adding dynamic content to TrackMania Nations ESWC. Although aggregated data collected using your IP address may be communicated to third parties, IGA shall not communicate your IP address to any third party.
· The servers used by IGA may, from time to time, be located outside the European Union. By agreeing to these terms and conditions and using TrackMania Nations ESWC you agree to IGA transferring any data it collects as a result of your use of the game, including your IP address and any data which is deemed to be “personal data” for the purposes of applicable data protection law, in this way. By installing and playing TrackMania Nations ESWC on any platform which is used to connect to the Internet either now or in the future you are agreeing to these terms.
· By agreeing to these Terms and submitting your data including by playing and using TrackMania Nations ESWC on any platform which is used to connect to the Internet either now or in the future you agree to IGA collecting such data as is described by these terms, including where such data is deemed to be “personal data” under applicable data protection legislation and any similar, subsequent legislation. You have rights of access and rectification in regard to such data pursuant to applicable law that can be exercised by contacting IGA at the e-mail address indicated below. If you do not want your personal data to be collected, please do not install or play TrackMania Nations ESWC on any platform which is used to connect to the Internet either now or in the future.
· If you no longer wish to receive dynamic content provided by IGA, including advertising material, you must stop using TrackMania Nations ESWC or refrain from connecting to the Internet via the platform on which TrackMania Nations ESWC is installed or played.
· IGA does not use cookies to track your use of the Internet.
· IGA is registered with the relevant data protection authorities in accordance with the Data Protection Act 1998.
· If you have any questions or comments about privacy please contact IGA by email at
[email protected] and your query will be answered as soon as possible. [INSERT MAILING ADDRESS OF IGA]
TrackMania Nations ESWC is able to remotely receive dynamic content supplied by third parties, including advertising content. By using this game on any platform which is used to connect to the Internet either now or in the future you explicitly agree to our including advertising and other marketing communications within TrackMania Nations ESWC, with such advertising material and marketing communications being sent remotely to and temporarily stored on your computer.
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