Nexway operates the Deep Silver Online Demand Service for computer and console games. These General Business Terms (AGB) govern the contractual relationship between Nexway and the customer.

The customer confirms that he has duly noted and agreed to these. Nexway does not accept any terms or conditions which vary from these unless Nexway has expressly agreed in writing that these shall apply. The party to the contract is the Nexway national agent:

France
Nexway Ltd., Boulevard des Bouvets 1, 92741 Nanterre Cedex,

Customer service: Tél. 08 99 780 324
E-Mail : deepsilver_en@nexway.com

Managing Director: Mr. Gilles Ridel. Registered at the court of Nanterre Cedex (B 440 953 859).

Formation of the contract

The parties to the contract within the context of these General Business Terms are Nexway and the customer/user. The customer’s order is a binding offer of contract. The customer will automatically be sent a confirmation when he has placed his order. The contract takes effect, however, only on delivery of the products and as defined in the conditions noted on the delivery note. The prices listed in the respective current price schedules or online advertisements are applicable to utilisation of individual services.

Please check the order confirmation for errors or differences and inform us immediately of any discrepancies. You guarantee that the data provided by yourself on registration is true, accurate, up-to-date and complete.

Orders will only be accepted from customers who have reached the legal age of majority. Orders from minors or from persons subject to guardianship require the consent of the legal representative.

Type of service and limitations

Currently Nexway offers two different services which are different in scope and price:

• Download

• Supply of (physical) products

In both cases you will receive an order confirmation by email. If you order a download you will receive access to the product which you can then download within 21 days. Once 21 days have elapsed the download will no longer be available. The “download extension” option available at extra cost enables the download to be effected within a period of one year.

Pre-conditions for use of the download service

The customer must comply with the specified system requirements. It is also a requirement that the computer is connected to the internet by broadband connection (eg DSL).

Under the terms of this licence agreement the (limited and non-exclusive) right is offered to the customer to use one (1) copy of the software on a computer or laptop. Under the terms of this contract the customer is not permitted to copy, modify, or decompile the software, to extract its source code, create a product derived from it or remove any indication of the name or manufacturer of the software from it. The user is exclusively permitted to utilise the software for his own personal use. He may not pass it on, sell, transfer or lend it to a third party.

Customer’s duties and obligations

• Type of use
  

The user is permitted to make use of the service for his sole personal use. Using Deep Silver services without further permission for professional, commercial or promotional purposes is prohibited. Nexway cannot be held in any way responsible if the service is used in a way which does not conform to these terms and conditions.

• Personal data / User account

The customer has sole responsibility for the use of his membership data (LOGIN, password) and is liable for the transfer of data made with his LOGIN and password.

In the event of personal access data being passed on or used illegally (eg simultaneous access to the service by two different PCs with the same LOGIN and password), Nexway reserves the right to suspend access to the service for the customer affected without liability for an initial period of one (1) month.

Nexway is not liable if an account is attacked by hackers or a computer is damaged by a virus or for any other problem with the computer or the user’s account. If a customer suspects that his account is no longer secret, he should contact Nexway Customer Services immediately.

Nexway may suspend the account until a full investigation has been carried out. After this investigation Nexway will at its discretion determine a reasonable way of proceeding further.

In the event of repeated infringement or illegal use, Nexway reserves the right to terminate access to the service and thereby its contract with the customer concerned.

If access data (LOGIN or password) are lost or stolen, the customer undertakes to inform Deep Silver about this without delay. This information should be sent by email to deepsilver_en@nexway.com

• Damage to reputation and manipulation

In general the user agrees not to perform any illegal act aimed at damaging or causing a nuisance to the service, Deep Silver and/or any other party associated with Deep Silver.

• Copyright

All software, games, information, names, trade names, product brands, inventions and in general all business content published and made available by the service remain the exclusive property of their owner in accordance with the copyright. These are explicitly Deep Silver, the games manufacturers and all associated owners of copyright. All programmes and related games are subject to licensing and are not owned. Under the terms of this licence, users are not permitted to copy, photocopy, reproduce or translate the products, extract their source code, modify, dismantle or decompile them or create related products inspired by programmes, games, services or functions. No name or identification belonging to the owner may be removed without prior written permission.

In addition to the right of use for private and non-commercial purposes, customers are not permitted to do the following:

• To sell, lend, pass on or transfer reproductions of services or functions,

• To use programmes, games, services or functions of any element of these on public platforms (in particular internet cafes and video amusement arcades),

• To host or offer programmes, games, services or multiplayer functions for any online or offline usage without prior written permission.

The customer and user confirms that he has understood the guidelines set out above and that he will comply with these. Disregarding these guidelines may lead to the service being withdrawn. The user understands that Nexway cannot be made responsible for one or more of the elements set out above.

Anyone illegally duplicating, disseminating or publicly reproducing software or assisting in doing so is liable to criminal proceedings. Illegal duplication of software is punishable by up to five years’ imprisonment or a fine, depending on the country. Illegally copied data supports may be confiscated and destroyed by the public prosecutor’s office. Deep Silver and Nexway further expressly reserve the right to pursue claims for damages under civil law.

Prices and delivery charge

Unless otherwise agreed, the following rules apply: all prices include statutory VAT, ie for customers resident within the EU, VAT applicable to the seller Nexway, ie French VAT.

Delivery of physical products

Delivery will be made to the delivery address supplied. Nexway reserves the right to make part deliveries if appropriate. For goods held in stock, delivery will take place within two to three working days, for goods not held in stock within ten working days. The periods and deadlines given are not binding. If a delivery cannot take place within 2 weeks of the order, the customer may cancel his order unless otherwise agreed.

Delivery is generally made without a delivery charge.

Regardless of the order value, delivery costs are generally charged at a fixed rate in accordance with the current schedule of delivery charges (can be viewed in the Shop).

COD delivery is not possible.

Payment for a service will be taken online on a secure page by credit card or debit card (Visa or Mastercard). Nexway uses an external credit service (banking institution) and its technology for payment transactions. The data transmitted is not forwarded or stored by Nexway or the Deep Silver internet page.

The fee charged is paid in advance.

Technical details in respect of online payment transactions:

• SSL (Secure Sockets Layer) encryption technology encodes the information during transfer.

• The existing encryption functions of the internet browser will be used (Explorer or Netscape)

• The credit card or account data will be verified in the credit card centre and payment will be authorised or refused.

• Charging will then take place in accordance with the security standards of the banking system.

Nexway does not have access to private customer data via the bank account or credit card.

For the prevention of misuse and fraud, Nexway stores the customer’s Ix addresses and the time and date of transactions. These data also remain confidential with the following exceptions.

When the payment transaction has been successfully completed, the full scope of the Deep Silver On Demand Service for computer and console games is available to the customer in accordance with the contract. If the payment transaction is not successfully completed, Nexway reserves the right to bar the user account and thereby access to the service until the cause has been clarified.

Any attempted fraud or deception, regardless of scope, will lead immediately to further action, as part of which all data affected will be forwarded to the competent authorities.

Reservation of ownership

The goods remain the property of Nexway until full payment of the purchase price.

Liability for defects

As software is by its very nature complex and cannot always be free from defects, Nexway does not guarantee that a game meets the expectations of the customer and that the software will run without defects under all circumstances. Neither does Nexway provide any guarantee of specific functions and results of the game, provided that this exceeds the current minimum standard for software technology at the time the programme is created. The same applies to the correctness or completeness of any documentation enclosed.

Should the product be defective on delivery, so that use for the intended purpose is not possible despite correct operation, Nexway will either replace the product or refund the purchase price to the customer at its own discretion within the statutory period from the date of purchase. This only applies to products which are obtained directly from Nexway either online or offline. The customer is required to send the licensed goods with details of the licence data and the technical information specified under Technical Information to the following address: Nexway – CS 70002, 30020 Nîmes, FRANCE. Nexway accepts no further liability for direct or indirect damage occurring due to the use of a product, provided this damage is not the result of wilful intent or gross negligence and provided that liability is not mandatory in law. Nexway is under no circumstances liable for unforeseeable or atypical damage.

Nexway accepts no liability for damage occurring due to incorrect handling, in particular failure to observe any operating instructions, faulty commissioning, faulty handling or unsuitable accessories, provided the damage is not the fault of Nexway.

If it is economically unreasonable for Nexway to remedy a defect, a replacement product will be supplied.

If the further attempt to fulfil performance of the contract fails, the customer has the right to withdraw from the contract and thereby to cancel the contract, to reduce the selling price or to demand compensation. If the customer withdraws from the contract, he is not also entitled to pursue a claim for compensation. If the customer chooses compensation, the customer retains the goods if it is reasonable to expect him to do so. Compensation is limited to the difference between the selling price and the value of the defective item. This does not apply if the seller has maliciously caused infringement of the contract. The burden of proof of damage lies with the customer.

Nexway’s right to terminate

In the event of substantial infringement of the licence agreement or the conditions of use, Nexway may terminate a licence agreement with immediate effect. If this agreement is terminated for cause, regardless of the grounds, all licences granted are deemed to be ended forthwith without compensation.

Notification of right to cancel contract for physically delivered products

Right of cancellation – When ordering physical products, a customer may cancel his contract declaration within two weeks in writing without giving reasons (eg by letter, fax or email) or – if the item is received by him before this period has expired – by returning the item.

The period commences after receipt of this written notification of the right to cancel, but not before the goods have been received by the customer (in the event of recurrent delivery of goods of the same type, not before receipt of the first part- delivery) and also not before Nexway has fulfilled its statutory duties to provide information. Despatch of the notice of cancellation or the item within the specified period satisfies the cancellation period requirement. Cancellation must be addressed to:

Nexway – CS 70002, 30020 Nîmes, FRANCE

The right to cancel does not exist in the event of delivery of sealed software if the seal on the data media delivered has been broken by the customer (eg cellophane wrapping removed or seal broken) and in the case of programmes supplied by downloading.

Consequences of cancellation - – In the event of effective cancellation, the services received on both sides must be given back and any benefit drawn from these (eg interest) surrendered. If the customer cannot fully or partially give back the service received, or only in deteriorated condition, he may under certain circumstances have to compensate for this loss of value. When items are transferred this does not apply if the deterioration in the item is exclusively the result of inspection of it – in approximately the way it would have been possible in a shop. The customer may further avoid the duty to compensate for loss of value if deterioration is due to using the item for the purpose for which it was intended, provided he has not taken the item into use as if it belonged to him and has taken steps not to use it in ways which would adversely affects its value. Items which can be despatched as parcels must be returned at Nexway’s risk. The customer must bear the costs of the return if the items delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 Euro / 65 CHF / 55 US Dollar / 32 Pounds or for items of higher price if the customer has not yet paid the consideration or made a contractually agreed partial payment at the time of cancellation. In other cases the return will be free of charge for the customer. Items which cannot be despatched as parcels will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. The period commences for the customer with despatch of his declaration of cancellation or of the item, and for us with its receipt. End of notification of right to cancel.

Data protection/cookies

Nexway uses the customer’s personal data exclusively for the purpose of handling the order. All customer data will be stored and processed only in compliance with the relevant regulations of the relevant data protection laws.

Customers have the right at any time to inspect, correct, block and delete their stored data free of charge. Nexway will not pass personal data including home address and email address on to a third party without the express consent of the customer which may be revoked at any time. Nexway’s service partners who require the transfer of data for the purposes of handling the order (eg the carrier contracted to make delivery and the credit institution contracted to handle payment) are excluded from this provision. In these cases the scope of data transferred is, however, limited to the necessary minimum. Nexway will implement technical and organisational security measures to protect customer data handled against accidental or deliberate manipulation, loss or destruction and against access by unauthorised persons.

Credit card information is encoded by 128 Bit SSL (Secure Socket Layer) and transferred to a payment gateway which is directly connected to the credit card checking centre. The data are verified online. The payment is debited before the goods are delivered (cash in advance).

In this shop information about the intermediary partner, user names and the national currency selected are stored in the cookies which can then be called up at the customer’s next visit.

When a customer registers with Nexway or wishes to place an order, Nexway requires customer data. If anyone is already a customer of the Deep Silver Shop, he can simply log on with his user name and personal password. The data stored in a cookie make it unnecessary for him to fill in some of the forms and guarantee error-free navigation. The cookies produced have an expiry time of 5 years. In their browser programme customers may also manage the acceptance of cookies on this page and block them if they wish.

Epilepsy warning

Some people are susceptible to epileptic seizures or disturbances of consciousness if they are exposed to certain flashing lights or light effects. We recommend that parents supervise their children when playing games. If your child displays any of the following symptoms: fainting fits, twitching eyes or muscles, involuntary movements, loss of consciousness, disorientation or convulsions then end the game immediately and consult a doctor.

Protection of minors

On its webpage Nexway draws attention to the USK or PEGI age classification. These age classifications are intended to ensure that children and young people only have access to games software which is completely harmless for their respective age group.

Content which may only be made accessible to adults in accordance with statutory regulations (closed user group) is only offered by Nexway to persons who have reached the age of majority and grants access to adult content products only to persons whose age has been checked.

The customer, parent or legal guardian has a duty not to support minors in accessing adult products. The customer must ensure in particular that a third party does not circumvent the age verification system using the PIN assigned to him.

If there is a justifiable suspicion that a third party has obtained knowledge of the PIN and/or is abusing the use of this PIN, Nexway is entitled to block access to adult products. The customer will be informed of this bar.

Jurisdiction

French law applies, irrespective of the customer’s billing address.

Saving clause

Should any of these regulations be inoperable, the operability of the other regulations is not thereby affected. A regulation which is economically as close to the inoperable clause as possible will be implemented in its place.

Should any clause in this licence agreement be declared invalid by a court or court of arbitration in whose competency the legal dispute falls, the other clauses of this licence agreement are not thereby affected and retain their validity.

This licence agreement is the basis for and contains all the legal agreements between the parties relative to the object of their contract and cancels all previous verbal or written agreements, although it is a prior condition that this agreement exists in parallel to the conditions of use and does not replace them. In cases where the clauses of this agreement contradict the clauses of the conditions of use, the conditions of use take precedence.

This agreement is intended to be established in accordance with the respective national laws of the country in which you are resident. Anyone accessing this Deep Silver Online Demand Service from other places does so on their own initiative and is personally responsible for observing local laws if and to the extent that they are applicable.

Miscellaneous

THE CUSTOMER DECLARES THAT HE/SHE HAS READ AND UNDERSTOOD THESE GENERAL BUSINESS TERMS AND UNDERTAKES TO COMPLY WITH THEM. IF YOU HAVE ANY QUERIES, SUGGESTIONS OR COMMENTS, PLEASE CONTACT US AT: Nexway – CS 70002, 30020 Nîmes, FRANCE.

THANK YOU FOR YOUR CONFIDENCE IN US. HAVE FUN GAMING!