END USER LICENSE AGREEMENT FOR MEGA MAN X DiVE Offline
- NOTE: If you are a minor, please read this document with an adult.
- If you are a person with limited capacity, such as a minor, please be sure to obtain permission from your legal representative, such as a parent or guardian, before giving consent to these End User License Agreement.
- Article 1: Purpose of this EULA
- This End User License Agreement for MEGA MAN X DiVE Offline (hereinafter the “EULA”) provides the matters that should be adhered to upon the use of the game application called “MEGA MAN X DiVE Offline” (including any upgraded version thereof under an update program; hereinafter the “App”) distributed by Capcom Co., Ltd. (hereinafter “Capcom”).
- Article 2: Scope of Application
- 1. This EULA shall apply to all persons who use the App (hereinafter the “you”, or “your”).
2. You shall use the App only after agreeing to and complying with this EULA.
- Article 3: Scope of License
- Subject to your compliance with the EULA, Capcom grants you a non-exclusive, non-sublicensable, and non-transferable license to use the App only for personal use and for normal game play.
- Article 4: Use of the App
- 1. You shall not use the App on any device nor operating system other than those separately specified by Capcom (hereinafter referred to as the “Specified Environment”).
2. You acknowledge and agree that Capcom may exclude, in connection with an update of the App, some of the devices and operating systems on which the App does not function due to technological reasons from the Specified Environment at Capcom’s sole and absolute discretion.
3. You shall update the operating system that you use at your own discretion and risk. Capcom shall not assume liability to update the App for any operating system that is released after the start of the distribution of the App, except for the operating system that Capcom has added to the Specified Environment.
- Article 5: Game Data
- 1. Any game data related to the App, such as your state of progress and inputted information (hereinafter the “Game Data”) shall be stored on your device.
2. You shall manage your devices on which the App is used at your own risk, and Capcom shall assume no liability for any damage caused by insufficient management, inappropriate use, or use by a third party of your device.
- Article 6: Provision of the App
- 1. Capcom may change the content of the App without making you any prior notice. Capcom will notify you of the changes to the game or the official website of the App, but please note that it may not notify you of all of the changes.
2. Capcom may, at its discretion, suspend or discontinue the provision of the whole or part of the App.
3. In the event that Capcom suspends or discontinues the provision of all or part of the App under the preceding paragraph, Capcom shall notify you of such suspension or discontinuation by the method that Capcom considers appropriate; provided, however, that this shall not apply when the suspension or discontinuation is required in an emergency or when Capcom is unable to make the notification due to unavoidable circumstances.
- Article 7: Data Transfer
- When you change to a new device, the Game Data of the App installed on or stored on your original device will not be transferred to the App installed on your new device. The same shall apply to the case where you uninstall the App on the original device and install the App on a new device. However, the data becomes transferrable when Capcom provides a function that enables you to transfer the Game Data to the App newly installed on the new device.
- Article 8: Prohibited Acts
- You are prohibited from conducting the following acts in relation to the use of the App:
(1) An act to violate the intellectual property rights or other rights of Capcom or a third party
(2) An act to unlawfully access the facilities that provide, manage, or otherwise host the App or to steal information from the facilities
(3) An act to violate, or that may violate, the EULA, any laws and regulations, or other rules.
(4) An act to use the App in combination with another software or hardware that Capcom has not approved of.
(5) An act to benefit you or a third party or to disadvantage a third party through the use of any bug of the App, or an act to circulate any bug of the App; An act to alter, analyze, correct, adapt, or create a derivative work of the program, image, projected image, sound, or another element of the App.
(6) An act to use the App for commercial, political, or religious purposes.
(7) An act to behave in any way that is prohibited by this article through use of Capcom or a third party.
(8) An act to realize any matters that run contrary to the provision hereof through the use of a third party other than Capcom.
(9) An act to aid or abet any of the acts prohibited in this article.
(10) Any act that Capcom determines that is preparation for any of the acts prohibited in this article.
(11) Any other acts that Capcom determines that hinder the provision of the App.
(12) Any other acts that Capcom determines inappropriate.
- Article 9: Measures against Prohibited Acts
- 1. When Capcom determines that you have conducted any of the acts prohibited in the preceding Article 8, Capcom may implement measures to terminate your right to use the App or implement legal measures, such as damage claims or any remedies available including injunctive relief against you.
2. Capcom may refuse the use of any games or services other than the App that it provides by any person who have conducted any of the acts prohibited in the preceding article or may implement the measures set forth in the preceding paragraph.
- Article 10: Personal Information
2. Capcom shall not, except for the cases listed below, provide the Personal Information as specified in the preceding paragraph to a third party:
(1) When Capcom has obtained prior consent from you.
(2) When Capcom processes Personal Information into statistical data so that particular individual can no longer be identified.
(3) When Capcom receives an official inquiry from a judicial or governmental agency.
(4) When Capcom determines that the provision is necessary to protect the life, body, or property of Capcom, you, or a third party.
(5) In other cases based on laws and regulations.
- Article 11: Intellectual Property Rights
- All intellectual property rights to the App (including the image, sound, texts, and programs contained therein) shall belong to Capcom and/or any persons having authorized rights (right holders). You shall not acquire any intellectual property rights in relation to the App.
- Article 12: DISCLAIMERS
- 1. THE CONTENT AND MATERIALS CONTAINED IN THE APP ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CAPCOM. CAPCOM DISCLAIM ALL OTHER WASRRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SAFETYNESS OF THE GAME, STABILITY OF THE MOVEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
2. EXCEPT IN CASES OF WILLFUL MISCONDUCT OR NEGLIGENCE BY CAPCOM, IN NO EVENT SHALL CAPCOM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE APP.
3. IF CAPCOM IS FOUND TO BE LIABLE TO YOU FOR DAMAGES IN CONNECTION WITH THE PROGRAM WHICH ARISES OUT OF NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE) BY CAPCOM, CAPCOM SHALL ONLY BE LIABLE FOR DIRECT AND ORDINARY DAMAGES ACTUALLY INCURRED BY YOU, REGARDLESS OF DEFAULT, TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPCOM EXCEED THE AMOUNT YOU PAID TO PURCHASE THE APP.
4. BASED ON THE APPLICABLE LAWS AND REGULATIONS, IN ANY EVENT SUCH PREVIOUS PROVISIONS ARE LIMITEDLY APPLIED, CAPCOM SHALL BE RELIEVED OR INDEMNIFIED FROM THE DAMAGES TO THE USERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5. THE APP MAY CONTAIN LINKS TO EXTERNAL WEBSITES OR SERVICES PROVIDED BY A THIRD PARTY. CAPCOM SHALL TAKE NO RESPONSIBILITY FOR THE USE OF SUCH EXTERNAL WEBSITES OR SERVICES. WHEN YOU USE THE EXTERNAL WEBSITES OR SERVICES, YOU SHALL REFER TO THE RULES, AGREEMENTS, PRECAUTIONS, AND OTHER MATTERS PROVIDED BY THE PROVIDER OF SUCH EXTERNAL WEBSITES OR SERVICES AND USE THE SAME IN ACCORDANCE WITH SUCH RULES, AGREEMENTS, PRECAUTIONS, AND OTHER MATTERS.
- Article 13: Transfer of Rights and Obligations
- Capcom may transfer its rights and obligations with regard to the App to a third party or have a third party succeed to the same without obtaining prior approval from you.
- Article 14: Governing Law, Dispute Resolution, and Severability
- 1. This EULA shall be governed by the laws of Japan without regard to conflicts of laws principles, and the formation, interpretation, performance, and other matters in relation to this EULA between Capcom and you shall be carried out in accordance with the laws of Japan.
2. Any disputes arising between Capcom and You in relation to the App shall be subject to the District Court in Tokyo as the agreed exclusive jurisdiction in the first instance.
3. If any of the provisions hereof are held to be invalid under any laws or regulations, any of the provisions hereof other than those that have been held to be invalid shall remain in effect and continue to apply to Capcom and you.
- Article 15: Revision of the EULA
- 1. Capcom may revise this EULA, in whole or in part, at any time by posting the revised version of the EULA in the game or the official website of the App, and the revision shall be deemed to be in effect at the time when the revised EULA is posted.
2. Notwithstanding the forgoing, when a revision of the EULA causes any disadvantage to you, Capcom shall revise the EULA upon prior notice of the revision and the content and timing thereof to you.
- Article 16: Inquiries
- 1. Any inquiries regarding the App shall be made to a contact point separately designated by Capcom and no visits nor other types of inquiry shall be accepted. The contact point will accept your inquiries only during its reception hours.
2. Any opinions and other comments to Capcom from you in relation to the App may be used for the improvement of the services for the App.
Effective as of September 1, 2023.