Other5 Games – For all the Others out there

PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY

This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and Other5

Games Limited (‘Supplier’, ‘us’ or ‘we’).

Under this Agreement and dependent on the website account you open, we may provide you

with software, with all the content, material or services accessible within the software and all

updates and upgrades to the software and all documentation relating to the software (unless

we ask for a separate agreement to be entered into for such updates and upgrades) (together

‘software’) and additional intellectual property rights (“website IPR”) comprised in the other

website resources and digital content, which are supplied to you pursuant to our Terms of

Supply (together “website software and IPR”).

This Agreement is not for the sale of the website software and IPR to you but to grant you a

licence which allows you to use the website software and IPR on the terms and conditions set

out below. This means that you do not own the website software and IPR and you are only

allowed to use the website software and IPR in accordance with this Agreement. We and/ or

relevant third parties, remain the sole and beneficial owners of the website software and IPR at

all times.

To operate this website software and IPR requires you to comply with the technical

specifications recommended by Epic Games (the “technical specifications”)

You must be at least 18 years old to use the website software and IPR.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU CHECK THE BOX

AGREEING TO THE TERMS OF SUPPLY AND THIS EULA ONCE YOU HAVE COMPLETED

READING THESE TERMS, YOU ARE AGREEING TO AND ACCEPTING THE TERMS OF THIS

AGREEMENT, THIS MEANS THAT THE TERMS AND CONDITIONS PROVIDED IN THIS

AGREEMENT WILL BE LEGALLY BINDING ON YOU.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE ‘REJECT’

BUTTON BELOW. THIS WILL MEAN THAT YOU ARE NOT ALLOWED TO USE THE WEBSITE

SOFTWARE AND IPR.

YOU MAY PRINT THE WEB PAGE CONTAINING THIS AGREEMENT OR SAVE IT AS A FILE ON

YOUR DEVICE.

1 The Licence

1.1 We license you to install and use the software and use the website IPR provided you follow all

of the rules described in this Agreement. The licence:

1.1.1 is only for you personally;

1.1.2 is granted to you for the period specified in the Terms of Supply, or until terminated in

accordance with this Agreement or the Terms of Supply, and for the avoidance of

doubt, in the event that the Terms of Supply terminates, or your rights therein are

cancelled, then this Agreement shall automatically terminate forthwith, and you shall

not have any further right to use the website software and IPR;

1.1.3 allows you to use the website software and IPR to design, develop, create,

commercialise and exploit your creations (as defined in the Terms of Supply) in

accordance with the Terms of Supply, subject to any players separately signing up for

a new website account and agreeing to be bound by our Terms of Supply and EULA;

1.1.4 starts when you sign up for and open a website account.

1.2 All the software and all the intellectual property rights in or to the software and the website

IPR, wherever arising, are owned by us and/ or any relevant third party. This means that even

if you paid money, you do not own the software and the website IPR. Any payments that you

make or have made only permit you to use the software and website IPR in accordance with

the terms set out in this Agreement and the terms of Supply.

1.3 You are not permitted to make any copies of either the software or the website IPR, however,

you may make copies of each of the software and the relevant website IPR only if:

1.3.1 such copying is necessary for the development and use of the software and/or the

website IPR by you, or to enable exploitation of your creations, in accordance with

this Agreement, the Terms of Supply, or for back-up purposes;

1.3.2 you place a statement on each copy giving notice that it is subject to our copyright.

This applies even if it is not a copy of the whole of the software and/or the website

IPR and no matter the form the copy is in;

1.3.3 you ensure that any copies you make of the software and/or the website IPR are

stored securely; and

1.3.4 you are able to accurately tell us the location in which they are stored at any time, if

we request this information.

1.4 You may only use any software documentation to the extent necessary to enable use of the

software in accordance with the terms of this Agreement.

1.5 You are not allowed to:

1.5.1 modify the software’s code in any way, including inserting new code, either directly or

through the use of another piece of software;

1.5.2 deliberately attempt to avoid, manipulate or interfere with any security features

included in the software;

1.5.3 pretend that the software is your own or make it available for others to download or

use in whatever form (including by way of copying the code of the software and

creating an independent version).

2 Support and contact

2.1 If you need to get in touch with us, you can use any of the following methods:

Twitter

@other5games

other5games[email protected]

2.2 If you need to give us notice in accordance with any of the terms of this Agreement, you can

only do this by email at the address specified in clause 2.1 above. You cannot give us

notice under this Agreement by any other method.

2.3 If you need to get in touch with us, please make sure that you provide us with your contact

details otherwise we may not be able to respond to your query. If we need to get in touch with

you, we will usually do so by the email you have provided to us, or by providing you with a

notification in the software.

3 Privacy and your personal information

Protecting your personal information is important to us. Our latest Privacy Notice from time to

time, which is available on our website, explains what personal information we collect from

you, how and why we collect, store, use and share such information, your rights in relation to

it and how to contact us and supervisory authorities if you have a query or complaint. Note

that some personal information is collected automatically by the software, whereas other

personal information is collected by us at the request of you or us. Please read the

information set out in our Privacy Policy carefully as it is important.

4 Collection of technical information

We may collect and use technical data that might include, for example, the specifications of

your device and its software in order to help us provide software updates, product support,

and other services related to the software. We may also use this information to improve our

products or services.

We will only use any such data that is personal information in accordance with our latest

Privacy Notice from time to time (see clause 3).

5 Acceptable Use

5.1 You must not use the website software and IPR to do any of the following things:

5.1.1 break the law or encourage any unlawful activity;

5.1.2 send or upload anything that is (or might be considered to be) defamatory, offensive,

obscene or discriminatory;

5.1.3 infringe our or anyone else’s intellectual property rights:

5.1.4 transmit any harmful software code such as viruses;

5.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks;

5.1.6 deliberately disrupt the operation of anyone’s website, app, software, server or

business.

6 Updates to the Software

6.1 We may provide updates to the software from time to time for reasons that include fixing bugs

or enhancing functionality.

6.2 The updates that we provide may change or remove functionality.

6.3 Updates will either download automatically or you may need to trigger them yourself. If the

latter, you will be notified by the software.

6.4 We strongly suggest that you download all updates as soon as they become available.

Depending on the nature of the update, the software may not work properly (or at all), or you

may be exposed to security vulnerabilities, if you do not keep the software updated to the

latest version that we make available. We may not support software where you have failed to

implement updates within a reasonable period of time.

7 Changes to this Agreement

7.1 We may need to revise this Agreement from time to time to reflect changes in the software’s

functionality, to deal with a security threat or if there is a change in the law or guidance.

7.2 You will be asked to agree to any material changes in advance, usually when you download

an update. If you do not accept the changes, you will not be able to use the software.

8 External services

8.1 When you open a website account with us and access our website, you may be directed to

access services and websites that we do not own or operate (referred to below as ‘External

Services’).

8.2 We are not responsible for examining or evaluating the content or accuracy of these External

Services. Before using them, make sure you have read and agreed to the terms on which

they are being offered to you including the way in which they may use your personal

information.

8.3 You must not use External Services in any way that:

8.3.1 is inconsistent with these terms, the Terms of Supply, or with the terms of the

External Service; or

8.3.2 infringes our intellectual property rights, or the intellectual property rights of any third

party.

8.4 We reserve the right from time to time, to change or remove recommendations for External

Services.

9 Our rights, liability and responsibility to you

9.1 Clause 19 of our Terms of Service applies to this Agreement.

9.2 It is your responsibility to make sure you have read the software conditions for its permitted

uses and technical specifications as these may not match the specifications of your device(s)

or your intended uses.

9.3 Subject to clause 19 of our Terms of Service, if the software or any updates provided by us

damage your device, as a result of our failure to use reasonable care and skill, please notify

us within five days of the date of damage. Your notification must include proof that our

software or any updates caused such damage, including appropriate photographic and

technical evidence. We may ask you for additional information about what has happened so

that we can understand the cause and nature of the problem. Where we agree that that our

software or any updates provided by us have caused damage, if we can, we will repair the

damage. If that is not possible, we will compensate you for the direct damage caused to your

device and up to a maximum of the full replacement value of the components damaged. For

the avoidance of doubt, we will not be obliged to repair the damage or compensate you

where:

9.3.1 we have assessed that we have not caused the damage claimed by you;

9.3.2 you have attempted to repair the damage;

9.3.3 your use of the software and website IPR is not in accordance with our instructions,

or the Terms of Supply, or this Agreement;

9.3.4 the damage has been caused by you, your computer or a third party, whether in full

or part;

9.3.5 you have failed to notify us in five days and/ or have not provided the additional

information stipulated in clause 9.3.

10 Failures of networks or hardware

The software relies on a number of things working properly to enable you to enjoy all of its

features. Many of these, such as your internet connection and your device, are entirely

outside of our control. Although we will do everything we reasonably can to resolve issues, we

are not responsible to you if you are unable to use all or any part of the software due to a poor

internet connection, faulty components in your device, or anything else that it would not be

reasonable to expect us to control.

11 Ending this agreement

11.1 Remediable breach. If you breach this Agreement in a serious way, or persistently breach

this Agreement, and such breach is able to be remedied, we will provide you with written

notice of your breach and require you to remedy it within 14 days. If you do not remedy the

breach within the 14 days notified to you, then we can immediately end this Agreement by

giving you notice in writing. ‘Serious’ in this clause 11 means that you are causing harm (or

attempting to cause harm) to other users, interfering with the operation of the software or our

website, or doing anything else that we think presents a big enough risk to justify us ending

the Agreement quickly.

11.2 Non-remediable breach. If you breach this Agreement in a serious way, or persistently

breach this Agreement, and such breach is not able to be remedied, we can immediately end

this Agreement either without advance notice to you or by giving you notice in writing.

11.3 If you breach this Agreement in any other way than as set out in clauses 11.1 and 11.2

above, we have a right to end this Agreement and will give you a reasonable amount of notice

before the Agreement ends.

11.4 The consequences of the Agreement ending are as follows:

11.4.1 you will no longer be allowed to use the software, (and we will remotely restrict your

access to it) and/ or the website IPR;

11.4.2 we may delete or stop access to any website accounts that you hold with us;

11.4.3 you are not entitled to a refund;

11.4.4 you must delete the software, the website IPR and any copies of the software and the

website IPR, from any devices that they have been installed on and we may ask you

to confirm to us that you have done so; and

11.4.5 the Terms of Supply shall immediately terminate.

12 Third parties

No one other than us or you (or if applicable, people who have been validly assigned the

rights under this Agreement) has any right to enforce any term of this Agreement.

13 Transferring this Agreement

13.1 You agree that we may transfer our rights under this Agreement and any of your personal

data we retain, to another business, without your consent, but we will notify you of the transfer

and make sure that you are not adversely affected as a result.

13.2 You are not allowed to transfer your rights under this Agreement to anyone without our prior

written consent.

14 Governing law and jurisdiction

14.1 The laws of England and Wales apply to this Agreement.

14.2 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS