Just for Earthlings!!
The Net’s new multiplayer Galactic Shoot & Race game.
Dowload the Astronoid English License: PDF - RTF
Download the Astronoid French Licence: PDF - RTF
This English version of the Licence is for information only. French version of the Licence prevails
ASTRONOID.NET Agreement
-License and Terms of Use -
Preamble
Astronoid.net is a futuristic racing game (the « Game ») embedded in a software (the « Software ») which includes an interface (the « Interface or Astrocenter » ) which the user may install on his or her personal computer (the « User ») and which will enable the User after an account is opened (the « Account ») to play the game via the online game service (the « Game Service ») which itself includes Astronoid.net website «(the « Website ») and the game interface (« Game Interface »). The Game enables the User to play using the Interface which connect multiple players together (the “Multiple Players”). The Game is made up of the totality of its components (the “Components”), the Software, the Website and the Game Service which all belong to Aleph 0 (the “Editor”).
This Agreement contains the terms and conditions of the license, including but not limited to the terms of use and access to the Game Service and in general is an agreement between the parties of their relationship in respect to the Game.
The User is of legal age and able to enter this Agreement. BY DOUBLE CLICKING on the term "ACCEPT" BELOW, User ACCEPTS ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS IF HE OR SHE HAD SIGNED IT.
The User has to subscribe then sit a compulsory pilot exam in order to player in Multiplayer mode. The subscription generates a validation mail sent to the email address initially furnished by the User. Once the exam passed and the pilot license obtained, the User automatically becomes a member of the Beginner Pilot Federation. This Membership is free. It gives the pilot access to different race circuits on different planets with new spaceships enabling a Multiplayer mode. As the pilot’s speed and time progress on the race circuits, he or she will get to higher levels of the Game.
Once the pilot’s fame is good enough to be promoted « aspirant » the User becomes « aspirant » and has to become a member of the Amateur Pilot Federation in order to be promoted to the next levels and play with players of equal strength. At that point he or she has ten free evaluation races in which to obtain a promotion but his or her grade is blocked until full membership to the Amateur Pilot Federation is secured. This promotion mode repeats itself at each level for the Professional Pilot Federation and the Champion Pilots.
Any use of the Game is conditioned upon acceptance by the User of the terms and conditions set out in this Agreement for the License to the Software (the« License ») and the use of the Game Service.
User agrees and accepts this Agreement and the terms and conditions it contains.
Should User disagree with the terms and conditions as set out in this Agreement, User to discontinue it use of the Game Service and uninstall the Software immediately.
2. Pre-requisite
User understands that he or she will need to provide at his or her own expense a computer equipped with a Windows operating system (98, 2000 or XP), a Java consol 1.4.2 or later version, Direct x version 9 or later version, including a processor running at minimum at 1.5 GHz, together with at least 256 Mo of RAM.
This computer should be connected to the Internet via a broadband access (cable, DSL) and a minimum download of 512 kilo bits/second and upload of 128kilo bits/second. The User is solely responsible for the subscription and maintenance of an Internet connexion and all related costs.
User understands and agrees that should these pre-requisites not be implemented, even if access to part of the game is possible, certain tools or utilities or functionalities may not be accessible and from this could stem incoherent results and potential loss of data. The User accepts that should this happen, the Editor shall bare no responsibility or obligation vis-à-vis the User.
Respecting these pre-requisites does not in anyway create new rights for the User or limitations on the Editor.
3. Software
User agrees and accepts that all title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or expressly licensed by Licensor.
The Software is necessary to enable the User to play the Game after the opening of an account (the “Account”) on the Editors website. Opening such an Account implies renewed adherence to the License and Terms of Use herein described. An Account strictly belongs to a User and only one User may use an Account at any one time. Should a User wish to permanently transfer ownership of the Account and all parts thereof, and all of your rights and obligations under the License Agreement, to another by physically transferring the Software and all Manuals or other documentation associated with the Game and the Login and Password, the transferor agrees not to use the Account or the Game again and agrees and accepts that the Editor shall be free to acknowledge the existence of the new User for the Account. The Editor expressly reserves the right to accept and acknowledge only the original User and to communicate exclusively through the original email as provided by the original User. Further, the original User is hereby informed and understands that under no circumstances shall the User’s alias be subject to modification.
4. Pre-existent works
Astronoid.net includes a number of specific software for which the terms of use are provided hereafter and to which the User hereby consents:
MadKit: is an open source software which constitutes a platform written in java script (http://www.madkit.org)
Nebula device V.1: Nebula device is an Open Source 3D device and a visualization system (http://nebuladevice.cubik.org/license)
Astonoid.net also uses works from Lawrence Livermore of the National Laboratory of the University of California (UCC LLNL) implementing operation UCC LLNL via contract n°.w-7405-eng-48 between the United States Energy Department and the University of California utilise. These pre-existing works were financed by a Government Agency of the United States of American. Neither the United States Government, nor the University of California, nor their employees, agents, representatives are directly or indirectly responsible, expressly or implicitly for any and all uses made of these works. Nor can they be considered liable for the works that pre-exist their own.
5. Licence
The Editor hereby grants User who accepts it by installing the Software a non-exclusive, limited, licence for personal use on a computer User owns and controls. User is solely responsible for the installation of the Software and the consequence thereof. This personal use condition is not aimed at prohibiting the installation of the Software in a computer destined for public use in a Cybercafe for example so long as the person installing the Software is the owner of the computer and responsible for it.
The duration of the License is described under the Article “Price and payment conditions”.
The part of the licence free may be freely copy distributed or offered for downloading for free by User without it conferring User a special right and it being made clear that Editor may at any time for any reason whatsoever request that User stop distributing such license.
6. Game Service
The Editor hereby authorizes the User to access the Game Service for his or her personal use which the User accepts.
The User benefiting from a free Software license agrees and accepts that the Software, the Game and the Game Service are provided at the Editor’s sole discretion and that the Editor may choose to terminate, modify or suspend either the Software, the Game, the Game Service at any time.
The User agrees and accepts that as of the end of the License, the Game Service may stop at any point and that at the Editor’s sole discretion.
7. Intellectual Property
The Game, the Software, the Website, Game Service, the Game Interface the Account (the ‘Components’) are protected under the laws of France and international treaties for the protection of intellectual property.
8. User Code of Conduct
a. Protection of the Game Components
1. Subject to the Grant of License hereinabove and except as expressly provided under Article 4, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only.
2. You agree that you shall not, under any circumstances,
(i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Game to others;
(ii) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site without the express written consent of Blizzard;
(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor in any way, including, without limitation, through protocol emulation, tunnelling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or
(iv) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Licensor. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Licensor for public use.
b. Access to the Game Service
The User is solely responsible for the use of his or her login and password to access the Game. Login and password are personal and provided to the User either by Aleph 0 or an accredited distributor. Login and password enable the Used to both access the Game Service and check the level attained. The User is solely responsible for any and all connections to the Game Service using his or her login and password and for the consequences thereof. The User is hereby warned against tools used by the User to pre-register the login and password in order to access the Game Service directly without having to type the login and password and accepts and agrees to assume any and all risks related to the use of such tools and in particular that User remains liable for his or her login and password which they are to be treated with absolute confidentiality. Should the Editor be made aware of an unauthorized use of login and password by a User (two people connecting to the Game Service simultaneously using identical logins and passwords), the Editor reserves the right to terminate the Game Service and License immediately with no recourse whatsoever being available for the User against such a termination including but not limited to the non-reimbursement of any payment made by the User.
During the use of the Game Service or the access to the Account, the User may under no circumstances commit or attempt to commit an act or omission that would be considered unlawful under the laws of France or any criminal or illegal activity or any acts or omissions that may cause directly or indirectly a damage or an inconvenience to the Editor or a third party, including without being limited to it: - creating, sending, transmitting, using, documents, information, words that may constitute libellous, obscene, violent, threatening, harming, counterfeiting statements, hate speech, discrimination, enticement to prostitution, to take drugs, and in violation of privacy rights and by their very nature in violation of human dignity, sexist, or encouraging illegal activity – transmitting files that contain viruses, advertisements or altered data or pirated data – using the Game Service to impede or slows the access of other users to the Game Service or for cheating. In general User hereby agrees and accepts to use the Game Service in an honest lawful manner and to abstain from any and all ill use which may cause the Game Service to slow or malfunction.
User: (i) declares that it understands the specificities of the Internet and the limits related to the control of the network by ISPs, (ii) agrees and accepts that it is solely User’s responsibility to take all necessary appropriate measures to protect User’s data and software stored on User’s computer against viruses, time-bombs, worms and other destructive devices that the Internet carries, and (iii) accepts the Netiquette code of good conduct which User will abide by and the violation of which may lead to User’s exclusion from the Game Service.
User releases the Editor from any and all liability relating to any and all provisions of this Article 7.
9. Obligations and liability of the User
Should User violate one or more obligations as set out in this Agreement, the License and use of the Game Service shall be immediately and automatically terminated and User may be sued both civilly and criminally.
User agrees and accepts that the Editor is the sole owner of the Game, the Software and the Game Components and may freely change the images of the races ran by Users. The Editor may freely and without the consent of the User use the images of the races ran by Users including without it being limited to it for commercial and promotional purposes.
10. Limitation on warranty.
EDITOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE GAME SERVICE, INCLUDING THE SOFTWARE, INTERFACE AND ANY AND ALL DOCUMENTATION. THE GAME SERVICE, SOFTWARE, INTERFACE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT.
EDITOR SHALL MAKE ITS BEST EFFORTS TO ENSURE THE ACCESS TO THE GAME SERVIE. HOWEVER, EDITOR DOES NOT WARRANT THE ACCESSIBILITY TO THE GAME SERVICE, THE LEVEL OF ITS CONNECTIVITY, ITS AVAILABILITY, FURTHER, ACCESS TO THE GAME SERVICE MAY BE TEMPORARILY SUSPENDED FOR MAINTENANCE OR UPGRADING. FINALLY EDITOR DOES NOT WARRANT THAT THE GAME SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURITY BREACHES.
SHOULD THE LAW REFUSE THE EXCLUSION OR LIMITATION OF WARRANTIES OR LIABILITY AND IF YOU INFORM THE EDITOR WITHIN TWO MONTHS OF EITHER PURCHASING THE GAME SERVICE OR FOLLOWING THE DETECTION OF A DEFECT WITHIN TWO YEARS OF PURCHASING THE GAME SERVICE, THE EDITOR WILL UPON BEING PRESENTED WITH EVIDENCE OF SUCH DEFECT FREELY CHOOSE TO EITHER CORRECT THE DEFECT, REPLACE THE GAME, OR REIMBURSE THE USER FOR THE GAME. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT.
11. Limitation on liability.
NEITHER THE PUBLISHER NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME, SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT INCLUDING BUT NOT LIMITED TO SECURITY BREACHES WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
12. Termination.
User may terminate this Agreement at any time.
The Editor may terminate this Agreement at any point without cause including in case of breach of this Agreement. The User hereby agrees and accepts that the Editor may suspend access to the Game Service or the Website at any time without reason.
Termination does not give rise to a reimbursement of fees paid whether they were paid in advance or not.
13. Updates.
The Editor may at any time offer upgrades or updates to the Game which have to be downloaded and installed by the User in order for the User to continue using the Game.
These upgrades or updates may be free or at a cost. Should they be at a cost, they will include new tools or utilities and the Editor shall provide the means for the User to buy them so that the User may carry on using the Game Service.
14. Modification of the terms of this Agreement
The User is not entitled to specific rights, tools, access, connectivity, functionality, utilities or components in respect to the Game or Game Service.
The Editor may freely update or modify the terms of this Agreement. The valid version of this Agreement is the version currently available on the Website. The User hereby agrees and accepts that each connection or access to the Game Service constitute an acceptance of the terms and conditions of this Agreement as available on the Website and that prior to accessing the Game Service the User shall read such terms and conditions which terms and conditions he or she may choose not to accept by immediately stopping the use or access of the Game Service.
15. Pricing and payment conditions
a. The Software
The License for the Software is offered at no cost to the User.
b. The Game Service
The pricing conditions for the Game Service are described in the table hereunder which identifies each level a User attains when playing the Game.
Level: Compulsory pilot license exam
Rank: None
Duration: unlimited (*)
Pricing: Free
Level: Automatic membership to the Federation of Beginner Pilots
Rank: Tenderfoot, Rookie
Duration: unlimited (*)
Pricing: Free
Level: Membership to the Federation of Amateur Pilots
Rank: Airman, Cadet
Duration: 6 months
Pricing: Determined by the distributor
Level: Membership to the Federation of Professional Pilots
Rank: Pilot, Veteran, Star Pilot
Duration: 6 months
Pricing: Determined by the distributor
Level: Membership to the Federation of Professional Pilots
Rank: Elite, Ace, Hero, Super Hero
Duration: 6 months
Pricing: Determined by the distributor
All levels accomplished (Gold License) Rank:
Rank: Unlimited
Duration: 6 months
Pricing: Determined by the distributor
(*) Subject to Article 6.
In case a User fails to pay for the Game Service as described here above, Aleph 0 may cancel the login and password or suspend the use of the Game Service until such times as the payment has been received.
16. Indemnification
User shall indemnify the Editor on demand against any liability and/or loss, including but not limited to reasonable attorneys’ fees and legal expenses, suffered by the Editor as a result of any claim or dispute arising from any action by a User or a third party relating to the use the Website, the Software, the License, the Game Service or its components.
17. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed and enforced in accordance with the laws of the France without giving effect to choice of law or conflict principles of that or any other jurisdiction.
Any and all disputes regarding this Agreement shall be brought and enforced exclusively in the competent courts of Paris, and the parties hereto consent to the exclusive jurisdiction of such courts in respect of such dispute, controversy, action, proceeding or claim.
18. Other Disposition
Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall not make any other provision of this Agreement invalid or unenforceable and such invalid or unenforceable provision shall be enforced to the fullest extent as permitted by the applicable law.
19. Version
This English version of the Licence is for information only. French version of the Licence prevails and may be found at this place www.astronoid.net/licence.html