Optic Arts, Inc. (“OA”)
End-User License Agreement (“EULA”)
EULA Terms & Conditions
Nature & Purpose of the EULA: This EULA is a legal agreement between You (either an individual or a single entity) hereafter also referred to as (“User”) and OA for OA software that accompanies this EULA or is otherwise provided by OA to User, including computer software and any associated media—whether provided in dedicated media or in OA products, printed materials, online or electronic documentation, any copyrighted organization and formatting of data and databases created by the computer software or OA, and Internet-based services hereafter referred to as (“Software”). An “Affiliate” is any person (natural or legal) that directly or indirectly controls, is controlled by, or is under common control with OA. “Control” is presumed if at least one of the following conditions is present: (a) for corporate entities, owning at least fifty percent of the stock or shares, directly and indirectly, having the right to vote for the election of directors or any direct or indirect parent of that corporate entity, and (b) for non-corporate entities, owning at least fifty percent of the equity interest, directly or indirectly, with the power to direct the management and policies of that non-corporate entity.
If You are provided with any updates to the Software, those updates are subject to this EULA, unless other terms accompany the updates. In that case, the other terms will apply. OA has no obligation to provide any updates, and we do not guarantee that OA will support the software version You licensed or the device on which You run the Software You licensed.
Also, OA may decide to remove or makes changes in the functionalities or features of the Software or stop providing access to the Software completely. Unless otherwise required by applicable law, OA is under no obligation to provide new downloads or replacement materials related to any Software You licensed. Additionally, OA may offer and you may use beta versions of the Software that may not work correctly or may work differently than the final version.
An amendment or addendum to this EULA may accompany the Software. You agree to be bound by the terms of this EULA by installing, copying, or otherwise using the Software, if You do not agree, do not install, copy, or use the Software; You may return it to your place of purchase or the address provided below for a full or partial refund for the amount you paid for the Software and products containing the Software within 90 days of Delivery Date (as defined below), if applicable.
This EULA may be periodically updated. Any updates will be emailed to Users—to the extent that OA has your email and has associated that email with your license of the Software—and made available on www.opticarts.com. You agree to be bound to the terms of any updated EULA by installing, copying, or otherwise using the Software after notice of the updated EULA or 30 days after the update is posted on www.opticarts.com. If You do not agree to the updated EULA, do not install, copy, or continue use of the software; You may return it to your place of purchase or to the address below for a partial refund within 30 days of notice of the updated EULA or its posting on www.opticarts.com, if applicable.
Software License: OA hereby grants User a limited, non-exclusive, non-transferable, license to use the Software in the manner described in this EULA. Regardless of the method of marketing, the Software is not in the public domain. It is copyrighted by OA, all rights reserved. Copying, selling, or otherwise distributing this Software is a violation of the law.
You may use the Software only on a single machine with only one concurrent input terminal (i.e., only one user at a time). All copying of the Software and the media is strictly prohibited except for loading the Software from the media into the computer memory for the purpose of executing the program—to the extent not already loaded onto the relevant electronic equipment or products provided or manufactured by OA—and, where the documentation included in Software expressly permits it, for back-up purposes in support of your use of the Software on a single machine. You must reproduce the copyright notice displayed on the media package on each permitted back-up copy. If two copies of the program are required to perform the functions of the program, contact OA immediately for Network/Multi-User licensing. You are granted no other right to copy, duplicate, modify, adapt or lend, sell, rent, substitute, or otherwise transfer to any third party the Software. Nor can you grant any third-party access to the Software. You are granted no right to use the source code of the Software in any manner.
Copies of the Software created or transferred under this EULA are licensed, not sold, and User receives no title to or ownership of any copy of or the Software itself. Furthermore, User receives no rights to the Software other than those specifically granted under this provision. Without limiting the generality of the foregoing, User will not: (a) modify; create derivative works from; distribute; publicly display for others for the purpose of copying, stealing trade secrets, or reverse engineering; publicly perform for others for the purpose of copying, stealing trade secrets or reverse engineering; or sublicense the Software; (b) use the Software for service-bureau or time-sharing purposes or in any other way allow third parties to exploit the Software; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software’s source code.
Termination of use: User’s permission to use the Software terminates upon termination of this EULA.
Limited Warranty, Limitation of Liability: OA warrants to you that the media (e.g., the magnetic media or memory on which the Software is recorded) will be free from defects in materials and
workmanship for a period of 90 days from the date of delivery to User by OA, as evidenced by a copy of the receipt provided by OA (the “Delivery Date”). OA also warrants to you that the Software will perform substantially in accordance with any accompanying documentation included as part of Software for a period of 1 year from the Delivery Date when used as directed. There are no other expressed or implied warranties (including implied warranties of merchantability and fitness for a particular use) regarding the Software or media. Except any implied warranties which cannot be disclaimed under applicable law, any such implied warranties covering the media are limited in duration to 90 days from the Delivery Date. Any such implied warranties covering the Software are limited in duration to 1 year from Delivery Date. Your sole and exclusive remedy for any breach of warranty is that OA, at its option, either will refund or repair the Software or products that include the Software.
OA does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The foregoing warranties do not apply if you mishandle, alter, or improperly use or store the Software, media, or other products on which the Software is loaded. Although changes or improvements to the Software may be made, OA will be under no obligation to provide them to You. OA is not responsible for problems caused in the operating characteristics of computer hardware or computer-operating systems which are made after the release of the Software.If the media or Software are not as warranted, OA will replace it on an exchange basis without charge.
Exclusive Remedy: The parties agree that the remedies set forth in this EULA constitutes the sole and exclusive remedies available for any breach of this EULA by OA, including any breach of warranty, whether expressed or implied. OA’s sole obligation and User’s exclusive remedy for any warranty failure is the correction or replacement of the nonconforming Software or hardware products or the refund of an amount not to exceed the actual payments paid by User to OA for the nonconforming Software license or products that operate with the Software.
Limitation of Liability for Consequential Damages: The parties expressly agree that OA will not be liable for consequential damages, including but not limited to acts of third parties, whether authorized or unauthorized, that cause any type of loss; loss of data for any reason; damage to equipment caused by electrical surges, static charges, or other related causes; or loss of business opportunities or actual losses related to equipment or service failure.
Customization: If OA customizes or configures any Software or hardware at User’s direction or request, any such Software or hardware is subject to the warranty and damages limitations in this Agreement. In addition, OA’s sole obligation and User’s exclusive remedy for any failure or defect in any customized or configured Software or hardware is the correction or replacement of any nonconforming custom or configured Software or hardware or the refund of an amount not to exceed the actual payments paid by User to OA for the nonconforming custom or configured Software or hardware.
Third Parties: This Agreement is not intended to and will not be construed to give any third party any interest or rights (including, without limitation, any third party-beneficiary rights) with respect to or in connection with any provision or section of this Agreement or any OA Software or hardware.
Trade Secrets: You acknowledge that the Software contains trade secrets of OA. You agree to take all steps necessary to protect the Software, as well as any copies thereof, from disclosure. OA reserves the right to copy protect the Software and media with any means possible either by software or hardware solutions. Should such a protection plan take effect, you agree to protect the Software, and you may not modify or remove said copy protection.
Exports: User will not: (a) permit any third party to access or use the Software in violation of any U.S. law or regulation; or (b) export the Software or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, User will not permit any third party to access or use the Software, or export the Software to, a country subject to a United States embargo.
Assignment of Contract Obligations: Neither party may assign this EULA or any rights or obligations hereunder without the other’s express written consent, except that either party may assign this EULA to the surviving party in a merger of that party into another entity or an acquisition of all or substantially all that party’s assets. An assignment authorized by the preceding sentence will not become effective unless and until the assignee agrees in writing to be bound by all the assigning party’s rights and obligations as set forth in this EULA. If you received or obtained the Software preinstalled on a device or hardware or upgraded from preinstalled Software, you may transfer this EULA to use the Software directly to another user—only with the licensed device. The transfer must include the Software and, if provided with the device or hardware, all the original labelling provided by OA. Before any permitted transfer, the party that will receive the Software and device must agree that this EULA applies to the transfer and use of the Software. Except to the extent forbidden by this provision, this EULA will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
Termination: If You violate any item of use set forth above, this EULA and the license provided hereunder will be automatically terminated, and you agree to return the Software, media, and all copies (if any) made therefrom—including any products the Software is contained in, to OA at the address below or delete all copies of the Software in your possession. Your obligations under the EULA will remain in effect until you have returned all those materials. You may voluntarily terminate the license by similarly returning the Software, media, and all copies to OA. If the license is terminated automatically or voluntarily more than 90 days after the Delivery Date or 30 days after notice of an updated EULA—whichever is later—you will not be entitled to any refund from OA. Any refund granted as a result of rejecting an updated EULA will not exceed 1% of the original fees paid for the Software or products containing the Software, if requested more than a year after the Delivery Date and not exceed more than 10% of those fees, if requested within six months after the Delivery Date. This EULA also automatically terminates upon User failing to pay any applicable fees
in exchange for the rights granted under this EULA. OA will decide in its own discretion whether any refund is appropriate and will not provide any refund to a User under this EULA that did not license the Software or purchase any related OA products from OA directly or through an Affiliate of OA.
Returns, Non-Acceptance: Any returns should be made to the following address—after OA has been contacted at this number regarding the return 213-250-6069:
Optic Arts, Inc.: 716 Monterey Pass Rd. Monterey Park, CA 91754
for more information go to URL: www.opticarts.com.
General: You acknowledge that You have read this EULA, understand it, and agree to be bound by its terms. The agreement between You and OA regarding the Software, data, and media consists solely of this EULA. The EULA does not include any other prior or contemporaneous promises, representations or descriptions regarding the Software, data, or media, even if they are contained in materials provided by OA. This license may only be modified in a written amendment signed by an authorized officer of OA. If any provisions of this EULA are invalid under applicable law, they are, to that extent, deemed omitted. This EULA and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without reference to choice-of-law principles. The parties to this EULA irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, for all disputes arising out of or relating to this EULA or the Software.
Authority to bind: If User is using Software on behalf, as an employee, or agent of another person or entity, including a corporation or other non-natural person, User represents and acknowledges that it has the authority to bind that person or entity to this EULA and that User or You, as used herein, includes that person or entity, who will be bound by this EULA.
Data Use and Collection: Currently, OA collects or stores your information provided to OA for OA business purposes. OA does not sell any personal information, i.e., information that identifies natural persons, that customers may provide it to third parties. Any such information is used for completing the transaction governed by this EULA, products and service development, following up with customers, or providing customer service to customers—either by OA or authorized third parties on behalf of OA. OA will provide notice of any change to this practice on its website or its application-store pages.
Privacy Generally: OA may use your information—including personal information—in the following ways: to provide and improve the services or products offered, licensed, or provided to
You by OA. OA will also use your information for internal business purposes. OA may also share your information—including personal information—with affiliates or third parties, in its sole discretion, when OA is making the disclosure to provide You with or to improve the products, Software, or services offered, licensed, or provided by OA. OA may also use your information, including personal information, to follow up with You or to contact You regarding products, Software, or services offered by OA that OA believes may be of interest to You, including by sharing that information with third parties that contact You on OA’s behalf. OA, in its sole discretion, may also share your information—except personal information—with third parties or use it for other commercial purposes in addition to those listed here. OA, in its sole discretion, may also provide or disclose your information—including personal information—if that disclosure is required by law; if OA is required to do so, to seek remedies for a breach of any end-user agreement or contract; if the data is transferred as part of a sale of OA or a portion of its business; or if OA believes disclosure is necessary to protect its rights or the personal safety of others. OA may also disclose personal information to appropriate authorities and financial institutions, as determined by OA in its sole discretion. OA may transfer personal information outside a consumer’s jurisdiction of residence or outside the European Union. The jurisdictions where the personal information is transferred may not have data-protection and privacy laws as comprehensive as the European Union. If European Union data-protection and privacy laws apply to the personal information, then OA will maintain measures to protect that personal information identifying natural persons in a manner commiserate with those protections required under European Union law.
Cookies: OA’s websites, services, and Software may use “Cookies” to track your activities and preferences. This allows OA to make the websites, services, and Software more responsive to your needs. A web-page server places a Cookie or data file on your hard disk. Programs cannot be run nor can viruses be delivered using the Cookies. You can accept or deny these Cookies.
Security: OA will take reasonable efforts to secure personal information from unauthorized access. Reasonable efforts include encrypting all passwords in the OA database and sending traffic between OA controlled systems over encrypted channels. But it is impossible to guarantee that every communication or transmission over the internet is secure. Thus, despite OA’s reasonable efforts, it cannot guarantee the safety of this personal information. By using OA’s system, Software, service, or website you agree that OA will not be held liable for any unauthorized access.
Links Outside OA: OA’s website, services, and Software might provide links to third-party sites. Third parties may also link to OA’s website, services, and Software. OA does not make any representations about the privacy policies or content of third-party sites. OA is not responsible or liable for any third-party policies, acts, or omissions.
Additional Rights Regarding Personal Data: The following notices and disclosures apply to all natural persons who provide personal data to OA, i.e., data subjects, who are covered by the EU General Data Protection Regulation (Regulation EU 2016/679):
Length of Data Use: Personal data of a data subject is maintained to effectuate the transaction under this EULA, follow up with customers, develop products, Software, and services, and provide customer service. OA will hold onto and use personal data while the data subject or the data subject’s employer is a customer of OA, and for a reasonable time afterwards to make it easier for OA to serve the data subject or his or her employer if either purchase OA products or license OA Software and to contact them about product and Software offerings.
Right to Access and Rectification: A data subject has the right to demand access to and the rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability.
Withdrawal of Consent: A data subject also has the right to withdraw the consent provided by his or her acceptance of this EULA at any time, without affecting the lawfulness of any data processing based on consent before its withdrawal.
Right to Lodge Complaint: A data subject also has the right to lodge a complaint with a supervisory authority regarding OA’s processing of his or her personal data.
Need for Personal Data & Consequences of Withdrawing Consent: The personal data provided by the data subject under this EULA is required for OA to perform its obligations under any contract between OA and the data subject or an employer of the data subject because this information is needed to identify licensed customers and provide customer service. A data subject that no longer provides consent or requests erasure of his or her personal data may no longer be able to use OA Software, services, or products because this information is needed to ensure that the data subject is an authorized user. Thus, withdrawing consent may result in OA cancelling or denying the customer or customer’s authorized employee losing access to OA’s products, services, or Software.
Providing Personal Data to Data Subject: OA can provide to a data subject—upon request—remote access to a secure system that provides that natural person with direct access to his or her personal data, to the extent that it is collected and stored by OA. This type of request will not be fulfilled in a way that may adversely affect the rights or freedoms of others, including trade secrets or intellectual property, and, in particular, the copyrights, protecting OA’s Software and other technology. Depending on the amount of data that falls within this type of request, OA may request that, before the information is delivered, the data subject specify the information or processing activities to which his or her request relates.
Who to Contact: A data subject can use the following email to contact OA regarding any of the privacy rights provided for or granted under law or under this EULA firstname.lastname@example.org.
California Consumers Only: This additional provision applies only to California consumers and is meant to comply with the requirements of the California Consumer Privacy Act of 2018, which becomes effective on January 1, 2020, the text of which is available at here.
As stated above, OA does not sell personal information. If OA changes its policy and decides to sell consumer’s non-anonymized personal information to third parties—which it currently does not—a consumer will have the right, at any time, to direct OA not to sell the consumer’s personal information. This right is referred to as the right to opt-out. OA will provide notice of any change in its current policy before engaging in any sale of consumer’s personal information. OA will not discriminate against a consumer because the consumer exercised any of the consumer’s rights. Nothing in this California-consumer provision prevents OA from collecting, using, retaining, selling, or disclosing consumer information that is anonymized or is aggregate consumer information to the extent otherwise allowed under this EULA. Nor does it prevent OA from collecting or selling a consumer’s personal information if every aspect of that commercial conduct takes place wholly outside of California to the extent otherwise allowed under this EULA. For purposes of this provision, commercial conduct takes place wholly outside of California if the business collected that information while the consumer was outside of California, no part of the sale of the consumer’s personal information occurred in California, and no personal information collected while the consumer was in California is sold. You represent that any users of OA’s products or services or Software are at least 16 years old.
A consumer has the right to request that OA disclose to that consumer the categories and specific pieces of personal information that OA has collected. OA does not have to provide information upon consumer request more than twice in any twelve-month period. Currently, OA collects and stores personal information provided under this EULA in the following manner.
The following required disclosure of categories of use and collection found in subdivision (c) of Section 1798.110 and subdivision (c) of Section 1798.115 (additional information is provided in italics below) disclose how OA uses and collects or uses any personal information it collects or uses.
(1) The categories of personal information it has collected about that consumer.
OA collects the name, address, telephone, email, and employer information of a consumer.
(2) The categories of sources from which the personal information is collected.
OA gets personal information from consumer, consumer’s employer, and from consumer’s computer and interaction and use of the OA website, products, and services.
(3) The business or commercial purpose for collecting or selling personal information.
OA does not sell personal information. OA uses personal information to identify customers, provide customer service, track use of OA software, products, and services, and follow up with communications for new software, products, services, and renewals. OA retains personal information while consumer or consumer’s employer is a customer of OA and for a reasonable period of time after the customer relationship has ended to follow up with consumer or consumer’s employer to provide information about products, services, and renewals from OA that may be of interest to consumer or consumer’s employer.
(4) The categories of third parties with whom the business shares personal information.
OA shares personal information with third parties that help OA provide, sell, develop, troubleshoot, or modify Software, products, or services.
(c) A business that sells consumers’ personal information, or that discloses consumers’ personal information for a business purpose, shall disclose, pursuant to subparagraph (C) of paragraph (5) of subdivision (a) of Section 1798.130:
(1) The category or categories of consumers’ personal information it has sold, or if the business has not sold consumers’ personal information, it shall disclose that fact.
OA does not sell consumers’ personal information.
(2) The category or categories of consumers’ personal information it has disclosed for a business purpose, or if the business has not disclosed the consumers’ personal information for a business purpose, it shall disclose that fact.
As explained above, OA only discloses consumers’ personal information for customer service, product development, troubleshooting, customer sales (of OA products, services, or Software), and verification purposes.
A consumer has the right to request that OA delete any personal information about the consumer which OA has collected from the consumer. OA is not required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for OA to maintain the consumer’s personal information in order to:
(1) Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of OA’s ongoing business relationship with the consumer, or otherwise perform a contract between OA and the consumer.
(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
(3) Debug to identify and repair errors that impair existing intended functionality.
(4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with OA.
(8) Comply with a legal obligation.
(9) Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
A consumer may contact OA at the following toll-free telephone number 844-837-7423 and email address email@example.com to request the information, deletion, or exercise any right to opt out provided under this EULA or California law, which has not been or cannot be waived by the requesting consumer. OA will use any personal information collected from the consumer in connection with the business’s verification of the consumer’s request solely for the purposes of verification.
Definitions: “Consumers” means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier. “Aggregate consumer information” means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or
household, including via a device. “Aggregate consumer information” does not mean one or more individual consumer records that have been anonymized. For California consumers, “anonymize” and its derivatives in this EULA will have the same meaning as “deidentified” in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100, et seq. For California consumers, “personal information” will have the following definition as found in the California Consumer Privacy Act of 2018: “Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
(B) Any categories of personal information described in subdivision (e) of Section 1798.80.
(C) Characteristics of protected classifications under California or federal law.
(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(E) Biometric information.
(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
(G) Geolocation data.
(H) Audio, electronic, visual, thermal, olfactory, or similar information.
(I) Professional or employment-related information.
(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
(2) “Personal information” does not include publicly available information. For these purposes, “publicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.