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Terms of Use

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE BIOWARE CORP.'S WEBSITES. BY ACCESSING ANY OF THE WEBSITES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITES.

AMENDMENTS

BioWare Corp. (hereinafter "BioWare") may amend this Agreement at any time by posting a new agreement in place of this one. BioWare will post notice that the Agreement has been amended on its main website located at www.bioware.com for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of BioWare's websites following the posting of the amended agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of BioWare's websites. This Agreement may not otherwise be amended.

LICENSE

You are granted a non-exclusive and non-transferable license to use and access BioWare's websites. The websites shall include the BioWare Store, associated services and the Links Directory.

ACCESS

In order to access and use any of BioWare's websites you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on BioWare's computer systems, shall constitute an infringement of BioWare's intellectual property and an unlawful use of BioWare's assets.

Certain portions of BioWare's websites require you to have an account. This may require you to provide some personal information to BioWare. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete.

BioWare has the right, in BioWare's sole discretion, to suspend or terminate your current and future access and use of its websites in the event BioWare reasonably believes that you are conducting yourself or providing information in a manner which is in breach of this Agreement or the BioWare Store Policy.

USER CONDUCT

BioWare is very concerned about the privacy and safety of all users, especially children

You shall not:

  1. submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind;
  2. use BioWare's websites to commit any dishonest act, act of fraud or any act which infringes any third party rights;
  3. submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
  4. submit any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization;
  5. submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
  6. submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
  7. undertake any activity which creates liability or damage or potentially creates liability or damage to BioWare or its computer systems or its service providers;
  8. send unsolicited e-mail to other users excluding private messaging via the community site; or
  9. harvest or collect information about other users, including e-mail addresses.

You agree not to use any spider, robot or other automatic means to search or monitor the content of BioWare's websites. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with BioWare's software or websites or their use by any other user. You agree not to cause any unreasonable burden or load on BioWare's software or its computer systems.

SERVICES

You agree that BioWare will not be liable for any delay, interruption or unavailability of any of BioWare's websites or related services, whether due to an act or omission of BioWare or an act or omission of any third party.

BioWare does not guarantee the quality, accuracy, completeness or timeliness of information posted on any of the websites and assumes no obligation to update the information or advise on further developments concerning topics mentioned.

Any information provided may be changed without notice.

USER SUBMISSIONS

BioWare may make available to you the ability to submit information and links to the websites. This includes the submission of links to the Links Directory. You agree that all of your submissions will be in compliance with this Agreement.

All submissions may be subject to review by BioWare prior to the information or link being posted to the websites, however BioWare is under no obligation to review any of the submissions. BioWare may refuse to post any information or link and may remove the same for any reason, in its sole discretion.

BioWare's posting of any information or link does not mean that BioWare agrees that the information or link complies with this Agreement or that BioWare agrees with the content of the information or link.

While BioWare may review each submission, it does not thoroughly review the information or the third party website that a link may relate to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding BioWare's review, you agree to indemnify BioWare and other users for any loss or damage that BioWare or any user may suffer as a result of the posting of any information or link that you submit.

CONTENT

Some information or links posted to BioWare's websites may be offensive to you or incorrect or misleading.

Some portions of the Websites allow users to post information including links to other resources on the Internet. Some of this information may be reviewed by BioWare prior to its posting. However, even if BioWare reviews and posts a submission to its website it does not mean BioWare endorses the same. All such postings remain the sole responsibility of the person who submitted such information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will BioWare be liable in any manner for the same, and you hereby release BioWare from any and all liability or losses that you may incur as a result thereof.

BioWare may change, add to or delete from its websites at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.

SOFTWARE AND INTELLECTUAL PROPERTY

BioWare has certain protectable proprietary rights in its software and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the BioWare websites other than for personal use.

Software and/or any digital products that are made available for download from any of the BioWare websites, including the BioWare Store, is the copyrighted work of BioWare and/or its suppliers or partners. Use of any software downloaded will be governed by the terms of an end user license agreement, if any, which accompanies or is included with the downloaded software.

WARRANTY DISCLAIMER

THE BIOWARE WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. BIOWARE MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE BIOWARE WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. BIOWARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS. BIOWARE IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

LIMITED LIABILITY

IN NO EVENT SHALL BIOWARE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE BIOWARE WEBSITES HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF BIOWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL OTHER CIRCUMSTANCES BIOWARE'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CDN).

INDEMNITY

You agree at all times to indemnify and hold harmless BioWare, its employees, officers, directors, agents, suppliers, affiliates and other partners from any and all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever, including (legal and other fees and disbursements) sustained, incurred or paid by BioWare due to or arising directly or indirectly from any information submitted, posted, transmitted or otherwise made available through our websites, your use of our websites, or your violation of these terms of use.

NO AGENCY

The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary. The links posted to the Links Directory are not affiliated with BioWare, whether by partnership or otherwise.

NO WAIVER

BioWare's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

ENTIRE AGREEMENT

The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of BioWare's software, websites, the Links Directory and the relationship between the parties. No representative of BioWare is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.

TERMINATION

Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.

GOVERNING LAW

This Agreement, the relationship between you and BioWare and your use of BioWare's websites, the Links Directory and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and BioWare which in any way concerns this Agreement or the use of BioWare's websites shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. BioWare is headquartered in Alberta.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

HEADINGS

Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
BioWare Corp.