BANDAI NAMCO ENTERTAINMENT

END USER LICENSE AGREEMENT

Last Updated: April 1, 2018

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR

GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED
HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE
TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR GAMES OR SERVICES.

THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION

PROVISION (SECTION 19(a)) AND A CLASS ACTION WAIVER (SECTION
19(b)), WHICH DO NOT APPLY TO YOU IF YOU RESIDE OUTSIDE THE UNITED
STATES.

If you are a resident of Germany, some specific clauses apply to

you. See Sections 7 and 15 for details.
If you are a resident of the European Union, a specific clause
applies to you. See Section 10 for details.
If you are a resident of Australia, a specific clause applies to
you. See Section 15 for details.
If you are a resident of North, Central, or South America,
excluding the United States, a specific clause applies to you. See
Section 18 for details.
If you are a resident of the United States a specific clause
applies to you. See Section 19 for details.

This End User License Agreement (this “Agreement”) is a contract

between you and either BANDAI NAMCO Entertainment Inc. (“BNEI”),
BANDAI NAMCO Entertainment America Inc. (“BNEA”) or BANDAI NAMCO
Entertainment Europe S.A.S. (“BNEE”) as applicable (in either case,
“BANDAI NAMCO”, “us”, “we” or “our”) and applies to your access to,
and use of, the game in which this Agreement appears (or if posted
online, the game referenced above), including, without limitation,
any multi-player, online, or downloadable portions thereof and any
related written or electronic documentation or content (the
“Game”). The Game is licensed, and not sold, and this Agreement
confers no title or ownership to the Game or any copy thereof. This
Agreement does not alter in any way the terms or conditions of any
other agreement you may have with BANDAI NAMCO for other products
or services. Any changes, additions, or deletions by you are not
acceptable, and are hereby expressly rejected by BANDAI NAMCO.

Additional terms provided by us (including, but not limited to,

posted fees, billing procedures, and promotion rules) may apply to
particular functionalities and features that are part of the Game.
Unless otherwise indicated, any additional applicable terms are
incorporated by reference into this Agreement. In the event of a
conflict between this Agreement and any additional terms, the
additional terms shall govern with respect to such particular
functionalities and features.

1. CONTRACTING PARTY. The BANDAI NAMCO entity with which you

are entering into a contractual relationship with depends on your
place of residence. If you are a resident of Asia, this Agreement
is between you and BNEI. If you are a resident of North, Central,
or South America, this Agreement is between you and BNEA. If you
are a resident of anywhere else, this Agreement is between you and
BNEE.
2. PRIVACY. Data collected through this Game is held by BNEI
in Japan. For more information, please refer to BNEI’s Privacy
Policy (which will be shown after this Agreement) for information
about how we collect, use, and disclose such data.

3. PRECONDITIONS OF THE LICENSES. The licenses granted in this

Agreement are specifically conditioned upon the following and your
full compliance with all other terms and conditions set forth in
this Agreement:
a) You have reached the age of majority in your jurisdiction.
If you are under the age of majority in your jurisdiction, your
parent or legal guardian must agree to be bound by this Agreement
and any applicable additional terms;
b) You agree to and comply with all of the terms in this
Agreement, and any additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain
security measures, including, without limitation, registering the
Game with a serial code, having continuous access to the Internet,
and accepting certain security/digital rights management features.
Failure to accept and fully-comply with such security measures may
partially or completely impair your use of the Game.
d) Your access and use of the Game is in accordance with all
applicable local, state, national, and foreign laws and regulations.
e) You access and use the Game only on local machines, running
validly licensed copies of operating systems on which the Game was
designed to operate (the “Hardware”);
f) You have accepted and are in compliance with all terms and
conditions applicable to the Hardware, including any terms of such
platform regarding the checkout process.

4. LIMITED USE LICENSE.

a) Subject to the terms of this Agreement and your compliance
with these terms, we grant you a nonexclusive, nontransferable,
limited license to use the Game for the term of the Agreement in
your country of residence, on Hardware that you own or exclusively
control and solely as permitted by the applicable platform usage
rules or terms of use (if any). Any updates, supplements or
replacements to the original Game are governed by this Agreement
unless separate license terms accompany such update.
b) The preceding states the entirety of your rights with
respect to the Game, and we reserve all rights in and to the Game
not expressly granted to you in this Agreement. Without limiting
the foregoing, you will not do, or authorize or permit any third
party to do, any of the following: (i) distribute, copy, license,
rent, or sell the Game (except as expressly permitted by this
license or the applicable platform usage rules); (ii) use the Game
for any purpose other than your own personal, noncommercial use;
(iii) reverse engineer, decompile, disassemble, or attempt to
discover the source code for the Game; (iv) modify, alter, or
create any derivative works of the Game; (v) remove, alter, or
obscure any copyright, trademark, or other proprietary rights
notice on or in the Game; (vi) use the Game for purposes for which
it is not designed; (vii) use the Game on any Hardware that you do
not own or exclusively control; (viii) circumvent, or attempt to
circumvent, any security measures in the Game; or (ix) attempt to
obscure or mask your region when accessing any online features of
the Game.
5. OWNERSHIP. The Game and all content (other than User
Content, as defined below) and other materials in the Game or
available through the Game, including, without limitation, the
BANDAI NAMCO logo, and all designs, text, graphics, pictures,
information, data, software, sound files, Game Currency, Virtual
Items, other files and the selection and arrangement thereof are
the property of BANDAI NAMCO or its licensors and are protected by
copyright and other intellectual property laws and treaties.
Notwithstanding any provision to the contrary herein, you agree
that you have no right or title in or to any content that appears
in the Game, including without limitation any Game Currency and
Virtual Items.

6. TERM.
a) Subject to your satisfaction of the preconditions set forth
in Section 3, this Agreement will remain in full force and effect
while you use the Game. Either party may terminate this Agreement
with or without cause at any time with reasonable prior notice. You
may terminate this Agreement by deleting or destroying all copies
of the Game in your possession, custody, or control. BANDAI NAMCO
shall not be liable to you or any third party for termination of
your use of the Game.
b) Without limiting any other rights of BANDAI NAMCO, if you
fail to comply with the terms and conditions of this Agreement,
BANDAI NAMCO retains the right to immediately limit, suspend, or
terminate your license to the Game.
c) Upon termination of this Agreement: (i) your license to the
Game shall cease immediately; and (ii) you will not be entitled to
a refund of any fees, including any unused fees, if any, except for
Purchased Game Currency refunded as required by applicable law.
d) Sections 4(b), 5, 6(d), 8, 11, 14-23 shall survive
termination of this Agreement.

7. AMENDMENTS. BANDAI NAMCO reserves the right to change or

modify this Agreement at any time and for any reason at BANDAI
NAMCO’s sole discretion. If BANDAI NAMCO makes changes to this
Agreement, we will provide one month prior notice of such changes,
such as by providing notice through the Game. Your continued use of
the Game after the effective date of such changes will confirm your
acceptance of the revised Agreement.

If you are a resident of Germany, in addition to the above terms in

this section, the following additional wording will apply to you:

BANDAI NAMCO reserves the right to change or modify this Agreement

at any time, with the exception of the provisions determining the
parties' primary contractual obligations hereunder. The parties'
primary contractual obligations will not be changed in the manner
described in this section. BANDAI NAMCO will inform you of any
proposed modification of this Agreement, provide you with the
proposed new version of this Agreement and notify you of the date
when the new Agreement will be implemented. Any change is subject
to a prior written (e-mail sufficient) notice of six weeks. If you
do not expressly refuse the respective modification within six
weeks from the date on which the new Agreement is implemented, you
are deemed to have approved the modification of the Agreement. In
the aforementioned notice of the proposed modification, BANDAI
NAMCO will inform you expressly and specifically about the right to
object within the six week period and the consequences of not
expressly refusing the proposed modification.

8. MODIFICATION OF THE GAME. BANDAI NAMCO reserves the right

to modify or discontinue, temporarily or permanently, the Game or
any features or portions thereof with prior reasonable notice and,
in case of emergency or if absolutely necessary, without prior
notice. You agree that BANDAI NAMCO will not be liable for any
modification, suspension, or discontinuance of the Game or any part
thereof.

9. IN-GAME CURRENCY AND VIRTUAL ITEMS.

a) BANDAI NAMCO may offer you the ability to: (i) purchase a
limited license to use in-game currency (“Purchased Game
Currency”); (ii) earn a limited license to use in-game currency by
performing specified tasks in the Game (together with the Purchased
Game Currency, (“Game Currency”); and/or (iii) earn a limited
license, and/or purchase a limited license with Game Currency, to
virtual goods and services made available by BANDAI NAMCO in the
Game (“Virtual Items”). If BANDAI NAMCO offers the ability to
purchase or earn such licenses, BANDAI NAMCO shall grant you a
non-exclusive, non-transferable, revocable, limited right and
license to use such Game Currency or Virtual Items, as applicable,
for your personal, non-commercial use exclusively in the Game,
subject to the terms of this Agreement and your compliance therewith.
b) Game Currency may only be redeemed for Virtual Items for
use in the Game and neither Game Currency nor Virtual Items are
redeemable for money, any thing of monetary value, or for any
monetary equivalent from BANDAI NAMCO or any other person or
entity, except as otherwise required by applicable law. Game
Currency and Virtual Items do not have an equivalent value in real
currency and do not act as a substitute for real currency. Neither
BANDAI NAMCO nor any other person or entity has any obligation to
exchange Game Currency or Virtual Items for anything of value,
including, but not limited to, real currency. You acknowledge and
agree that BANDAI NAMCO may engage in actions that may impact the
in-game attributes or perceived value of Game Currency and/or
Virtual Items at any time, except as prohibited by applicable law.
BANDAI NAMCO, in its sole discretion, may impose limits on the
amount of Game Currency that may be purchased, earned, or redeemed.
c) All purchases of Purchased Game Currency are final and are
not refundable, transferable, or exchangeable under any
circumstances, except as otherwise required by applicable law.
Except for the purchase price of Purchased Game Currency and
certain Virtual Items, BANDAI NAMCO does not charge any fees for
the access, use, or non-use of Game Currency or Virtual Items.
d) You may not transfer, sell, gift, exchange, trade, lease,
sublicense, or rent Game Currency or Virtual Items except in the
Game and as expressly permitted by BANDAI NAMCO. Except as
otherwise agreed herein, BANDAI NAMCO reserves and retains all
rights, title, and interest in and to the Game Currency and Virtual
Items.
e) The licenses granted hereunder to Game Currency and Virtual
Items will terminate upon termination of this Agreement in
accordance with Section 6, except as otherwise provided herein.

10. RIGHT OF WITHDRAWAL. If you are a resident of a member

state of the European Union, you have certain withdrawal rights for
purchases of Game Currency or Virtual Items made with real
currency. However, you expressly waive your withdrawal right once
the performance of the service begins when your account is provided
access to the Game Currency or Virtual Items. You agree that: (i)
download of Game Currency or Virtual Items begins immediately after
purchase; and (ii) you lose your right of withdrawal once the
purchase is complete.

11. USER CONTENT. By posting any communication, information,

intellectual property, material, messages, photos, graphics,
videos, URLs, and other items or content to the Game (“User
Content”), to the extent permitted by applicable local law, you
hereby grant BANDAI NAMCO a non-exclusive, royalty-free, fully
transferable and sub-licensable worldwide license for the whole
duration of the applicable legal protection of intellectual rights
to use the User Content in connection with the Game and related
goods and services including the rights to reproduce, copy, adapt,
modify, perform, create derivative works from, display, publish,
broadcast, transmit, or otherwise use, distribute, exploit and
communicate to the public by any and all means and media whether
now known or hereafter devised without any further notice or
compensation of any kind to you. To the extent permitted by
applicable law, you hereby waive any moral rights of paternity,
publication, reputation, or attribution with respect to BANDAI
NAMCO’s and other players’ use and enjoyment of such assets in
connection with the Game and related goods and services under
applicable law. The license grant to BANDAI NAMCO survives any
termination or revocation of this Agreement.

12. ONLINE CONDUCT. Unless through the intentional fault or

gross negligence of BANDAI NAMCO, BANDAI NAMCO is not responsible
or liable for the conduct of any users, whether or not such conduct
relates to the access or use of the Game. BANDAI NAMCO may suspend
or terminate your access to the Game at any time if you violate the
terms of this Section 12 or any other terms and conditions of this
Agreement. BANDAI NAMCO may (for example in response to a claim
from a copyright owner) review any User Content that is uploaded,
published, stored, or displayed on the Game (hereinafter, “posted”)
provided that in the case of User Content shared as a part of any
private message within the Game, BANDAI NAMCO will not screen or
review such content unless at least one party to the communication
grants its consent (e.g. by reporting the message to BANDAI NAMCO
as objectionable). BANDAI NAMCO reserves the right to delete or
refuse to take online any User Content. Although BANDAI NAMCO does
not regularly screen, edit, or monitor any of the User Content
posted on the Game, BANDAI NAMCO reserves the right, and has
absolute discretion, to remove, screen, or edit any User Content
posted through the Game if BANDAI NAMCO determines in its
reasonable discretion that such User Content violates this
Agreement and/or any third party right, applicable law, rule, or
regulation. You may not use the Game if you have previously been
suspended or removed from the Game. You are solely responsible for
any User Content that you post or transmit to any users or third
parties. Specifically, you agree not to do, attempt to do, or cause
another to do any of the following in connection with the Game:
a) post any User Content that is unlawful, libelous,
defamatory, offensive, obscene, pornographic, indecent, vulgar,
lewd, sexually explicit, harassing, threatening, invasive of
privacy or publicity rights, abusive, inflammatory, or fraudulent;
promotes or encourages any illegal or other antisocial activity,
including hacking; promotes racism, bigotry, hatred, or physical or
other harm of any kind against any group or individual or is
otherwise objectionable;
b) post any User Content that may infringe any patent,
trademark, trade secret, copyright, or other intellectual or
proprietary right of any person or entity;
c) engage in commercial activities or commercial sales,
including transmission of any commercial advertisements or
solicitations;
d) enter, disclose or disseminate any personal information
about anyone (including you);
e) impersonate any person or entity, including any BANDAI
NAMCO officials, forum leaders, guides, hosts, employees, or
agents, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
f) impede or disrupt the Game or the normal flow of Game play
or dialogue or use vulgar language, abusiveness, excessive shouting
(e.g., ALL CAPS), “spamming,” or any other disruptive or
detrimental methods that disturb other users of the Game;
g) use or exploit any bugs, errors, or design flaws to obtain
unauthorized access to the Game, to gain an unfair advantage over
other players, or to cheat or utilize unauthorized exploits in
connection with the Game, including but not limited to accessing
portions of the Game that you are not authorized to access and
using any bots, emulators, or other unauthorized third party tools;
h) do anything that interferes with the ability of other users
to enjoy playing the Game in accordance with its rules or that
materially increases the expense or difficulty of BANDAI NAMCO or
the platform provider in maintaining the Game for the enjoyment of
all its users.
i) intentionally disconnect from the network during online
play or allow yourself to be defeated by a given player repeatedly
to help boost their rankings or win counts in the Game.
j) trade, sell, auction, or otherwise transfer or attempt to
transfer any Virtual Items or Game Currency outside the Game;
k) otherwise violates the terms of this Agreement, other
policies communicated by BANDAI NAMCO, or creates liability for
BANDAI NAMCO.

13. COPYRIGHT POLICY. Copyright owners or agents of copyright

owners who believe that anything in the Game infringes upon any
copyright owned or controlled by them, may submit a notification of
such infringement with our designated Copyright Agent as set forth
below. The processing of your notification can be expedited by
providing the information and declarations set out in 17 U.S.C.
§512(c)(3). Compliance with this statute is not a prerequisite for
infringement notification except for copyright owners located in
the United States. Any person who knowingly misrepresents in a
notification that the material or activity is infringing, may be
liable for any damages, including costs and attorneys’ fees,
incurred by us or the alleged infringer as the result of our
relying upon such misrepresentation in removing or disabling access
to the accused material or activity. BANDAI NAMCO has adopted a
policy of terminating, in appropriate circumstances and at BANDAI
NAMCO’s sole discretion, users who are repeat infringers of the
intellectual property rights of third parties. Provided however
that, BANDAI NAMCO also may limit or terminate access to the Game
of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
BANDAI NAMCO Entertainment Inc.
Attn: Copyright Agent
5-37-8 Shiba, Minato-ku,
Tokyo 108-0014
Japan
+81-3-6744-6112 (phone)
+81-3-6866-0577 (fax)
copyrightagent@bandainamcoent.co.jp

14. THIRD PARTY CONTENT. Content from any users, advertisers,

and other third parties may be made available to you through the
Game. Because we do not control third party content, you agree that
unless due to intentional fault or gross negligence of BANDAI
NAMCO, we are not responsible for any third party content, make no
guarantees about the accuracy or quality of the information in
third party content; and assume no responsibility for unintended,
objectionable, inaccurate, misleading, or unlawful third party
content. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by BANDAI
NAMCO, except where expressly stated by BANDAI NAMCO.

15. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO AND
ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY
VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR
USE OF THE GAME OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER
SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE
PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, BANDAI NAMCO
AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES
OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR
OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor
the exclusion or limitation of warranties or guarantees in
contracts with consumers, so some or all of the disclaimers in this
section may not apply to you.

If you are a resident of Australia, in addition to the above terms

in this section, the following additional wording will apply to you:
This Section 15 does not intend to limit or reduce any mandatory or
statutory consumers’ rights or remedies that apply under the laws
of your local jurisdiction. To the extent permitted by law, the
conditions and warranties implied by the Schedule 2 of the
Competition and Consumer Act 2010 (Cth) (the Australian Consumer
Law) are entirely excluded from this Agreement, and to the extent
that they may not be excluded, you acknowledge that the liability
of BANDAI NAMCO is limited to, and acknowledge that, it is fair and
reasonable so to limit BANDAI NAMCO’S liability to:
(i) the supplying of the Game again; or
(ii) the payment of the cost of having the Game supplied again.

If you are a resident of Germany, in addition to the above terms in

this section, the following additional wording will apply to you:
To the extent any services are provided against a fee, the
following applies: BANDAI NAMCO warrants that the Game will operate
materially as specified in the applicable documentation or product
description. In the event of any defect, BANDAI NAMCO will provide
subsequent performance by either removing the defect (e.g. by
providing a patch) or providing a new version of the service that
does not have the defect, within a reasonable time period allowing
for at least three attempts at subsequent performance. If
subsequent performance definitely fails, you may exercise your
other statutory rights, provided however that BANDAI NAMCO’s
no-fault liability for initial defects under sec. 536a para 1. of
the German Civil Code is excluded in any event.

16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO IS

NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY
EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY
TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN
ACCURATE OR TIMELY MANNER. Further, BANDAI NAMCO cannot and does
not promise or ensure that you will be able to access the online,
multi-player, or downloadable portions of the Game whenever you
want, and there may be extended periods of time when you cannot
access such portions of the Game. BANDAI NAMCO does not ensure
continuous, error-free, secure, or virus-free operation of any
online, multi-player, or downloadable portions of the Game or
continued operation or availability of any given server.

17. LIMITATION ON LIABILITY. EXCEPT FOR (1) DEATH OR PERSONAL

INJURY CAUSED BY BANDAI NAMCO’S NEGLIGENCE, (2) FRAUD OR FRAUDULENT
MISREPRESENTATION BY BANDAI NAMCO, (3) INTENTIONAL ACTS OR GROSS
NEGLIGENCE OF BANDAI NAMCO, (4) LOSS OR DESTRUCTION OF TANGIBLE
PERSONAL PROPERTY CAUSED BY THE USE OF THE GAME, AND (5) ANY OTHER
LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN
NO EVENT SHALL BANDAI NAMCO OR ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME OR THE
CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO
PROVIDE SUPPORT SERVICES. IN THE EVENT OF SLIGHT OR ORDINARY
NEGLIGENCE, OR BREACH OF BANDAI NAMCO’S ESSENTIAL OBLIGATIONS UNDER
THIS AGREEMENT, BANDAI NAMCO’S LIABILITY SHALL BE LIMITED TO DIRECT
AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF BANDAI NAMCO, WHETHER IN CONTRACT, WARRANTY,
TORT, PRODUCT LIABILITY, STRICT LIABILITY, INTELLECTUAL PROPERTY
INFRINGEMENT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE
OF OR INABILITY TO USE THE GAME OR TO THESE TERMS EXCEED ONE
HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO
BANDAI NAMCO FOR YOUR USE OF THE GAME. THIS SECTION 17 DOES NOT
LIMIT ANY MANDATORY OR STATUTORY GUARANTEES THAT CANNOT BE LIMITED
BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

18. DISPUTE RESOLUTION.

THIS SECTION 18 APPLIES TO YOU ONLY IF YOU RESIDE IN NORTH,
CENTRAL, AND SOUTH AMERICA, OTHER THAN THE UNITED STATES.

If you are a resident of any nation of the Americas, other than the
United States of America, either you or BNEA may refer any dispute
relating to or arising from this Agreement or the Game to
alternative dispute resolution (such as conciliation or
arbitration) with the prior written consent of the other party.
Notwithstanding the foregoing, the terms of this Agreement will not
prevent you from bringing any dispute or claim that may be subject
to this Section 18: (i) to the attention of any federal, state, or
local government agencies that can, if the law allows, seek relief
from BNEA on your behalf; (ii) bringing against BNEA, in any court
of competent jurisdiction, any claim that is not arbitrable or for
which arbitration is prohibited or restricted by applicable law; or
(iii) from bringing any claim before a small claims court, subject
to the jurisdictional limitations and requirements of such small
claims court.

19. DISPUTE RESOLUTION.

THIS SECTION 19 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED
STATES.

If you are a resident of the United States of America, by accepting

the terms of this Agreement, you and BNEA: (i) agree to resolve
certain disputes through mandatory binding arbitration, as set
forth in Section 19(a), and each subpart thereof (collectively, the
“Arbitration Agreement”); and (ii) expressly waive the right to a
trial by jury or to participate in any class action brought against
the other party, pursuant to Section 19(b) (the “Class Action
Waiver”); unless (iii) you exercise your right to opt out of the
Arbitration Agreement and/or the Class Action Waiver, as set forth
in Section 19(c).
a) MANDATORY, BINDING ARBITRATION. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND
AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA
THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION
ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN
SECTION 19.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF
BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD,
UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY
OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT
OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF
THIS AGREEMENT, OR YOUR ACCESS TO OR USE OF THE GAME (EACH, A
“CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE
ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A
JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR
REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF
OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iv) SHALL
NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY
YOU OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST
ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH
THIRD PARTY AND BOTH PARTIES TO THIS AGREEMENT. UNLESS YOU SUBMIT A
PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SECTION 19(c)),
YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL
ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.
i) Pre-Arbitration Informal Dispute Resolution. Prior to
initiating arbitration of any Claim subject to this Arbitration
Agreement, you and BNEA agree to make reasonable, good faith
efforts to informally resolve any dispute or Claim between you and
BNEA. The party seeking to raise such dispute or Claim shall send
to the other party a written notice describing the nature and basis
of such dispute or Claim and identifying the relief sought. All
such written notices to BNEA must be sent via first class mail to:
BANDAI NAMCO Entertainment America Inc., Attn: Legal & Business
Affairs Department, 2051 Mission College Blvd., Santa Clara, CA
95054, USA. If you and BNEA do not agree to resolve such dispute or
Claim within 30 days after such written notice is received, the
party seeking to raise such dispute or Claim may initiate an
arbitration action against the other, as permitted by the
Arbitration Agreement, above.
ii) Arbitration Procedure. Arbitration is a legally-binding
process, through which a party may seek legal remedies from or
against another party, similar to a legal action brought before a
court, but that generally imposes fewer strict procedural
formalities, is held before a third party, neutral arbitrator
(instead of before a judge or jury), provides for more limited
discovery and potentially reduced legal fees for each party, and is
subject to limited review by courts. The procedure for arbitration
of any Claim under this Arbitration Agreement will be governed by
the Commercial Arbitration Rules of the American Arbitration
Association (“AAA”) and, where applicable, the AAA’s Supplementary
Procedures for Consumer Related Disputes, both of which are
available at: http://www.adr.org. Notwithstanding the foregoing,
you and BNEA agree that any such arbitration will be conducted in
English, and permit the electronic submission of documents and
allow participation by phone or by teleconference, or in person, at
a mutually agreed location.
iii) Excluded Claims. Notwithstanding the foregoing, the terms
of this Arbitration Agreement will not prevent you or BNEA from
bringing any Claim: (i) to the attention of any federal, state, or
local government agencies with the governmental authority and
competent jurisdiction to seek relief on your or BNEA’s behalf,
from the other party; or (ii) before a small claims court, subject
to the jurisdictional limitations and requirements of such small
claims court.
iv) Severability of Arbitration Agreement. You and BNEA agree
that, no provision of this Arbitration Agreement shall be
enforceable against you or BNEA and all Claims shall be governed by
Sections 20(a) and 21(a), below, in the event either: (i) a court
of competent jurisdiction conclusively determines that any term or
provision of this Arbitration Agreement is unenforceable,
prohibited by applicable law, or inapplicable to any Claim; or (ii)
you submit a proper Opt Out Notice (in compliance with Section
19(c)), wherein you have expressed your election to opt out of this
Arbitration Agreement.
b) CLASS ACTION WAIVER. IF YOU ARE A RESIDENT OF THE UNITED
STATES OF AMERICA, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU
AND BNEA HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND
BNEA, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL ARBITRATION (OR
AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO CLAIMS EXCLUDED
FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION 19.a.iii) AND
NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii)
EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION
OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE
ARBITRATOR (OR COURT, WITH RESPECT TO CLAIMS EXCLUDED FROM THE
ARBITRATION AGREEMENT, PURSUANT TO SECTION 19.a.iii) MAY ONLY
CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH RESPECT TO
CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION
19.a.iii), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS,
AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS
PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER OPT
OUT NOTICE (AS DESCRIBED IN SECTION 19(c)), YOU AND BNEA AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
i) Severability of Class Action Waiver. You and BNEA agree
that, no provision of this Class Action Waiver shall be enforceable
against you or BNEA and all Claims shall be governed by Sections
20(a) and 21(a), below, in the event either: (i) a court of
competent jurisdiction conclusively determines that any term or
provision of this Class Action Waiver is unenforceable, prohibited
by applicable law, or inapplicable to any Claim; or (ii) you submit
a proper Opt Out Notice (in compliance with Section 19(c)), wherein
you have elected to opt out of this Class Action Waiver. In no
event may the severance of the Class Action Waiver be interpreted
or deemed to constitute consent by you or BNEA to participate in a
class action or class arbitration.
c) OPT OUT PROCEDURE. You have the right to opt out and not be
bound by the foregoing Arbitration Agreement and Class Action
Waiver, by sending a written notice of your election to opt out
from such Arbitration Agreement and/or Class Action Waiver (the
“Opt Out Notice”), in strict compliance with the following
requirements of Sections 19.c.i – 19.c.iii:
i) Form & Address. Your Opt Out Notice must be sent to the
following address: BANDAI NAMCO Entertainment America Inc., ATTN:
Legal & Business Affairs, 2051 Mission College Blvd., Santa Clara,
CA 95054, USA, and either by: (i) first class mail, postage
prepaid, certified and return receipt requested; or (ii) overnight
courier service (such as Federal Express).
ii) Time Limitations. Unless a longer period is required by
applicable law, your Opt Out Notice must be postmarked (if sent by
first class mail) or deposited (if sent by overnight courier
service) within: (i) 30 days of your purchase of your copy of the
Game; or (ii) if no purchase was made, then within 30 days of the
date on which you first accessed or used your copy of the Game.
iii) Required Information. Your Opt Out Notice must include: (i)
the title of the specific Game to which your Opt Out Notice is
intended to apply; (ii) your first and last name; (iii) your
address; (iv) your phone number; (v) your email address; (vi) if
you are a registered user of the Game or any other BNEA product or
service, each of your usernames for the Game and such other BNEA
products and services; and (vii) a statement that you do not agree
to the Arbitration Agreement and/or to the Class Action Waiver.
BNEA may use the foregoing information included in the Opt Out
Notice to record, process, maintain, and administer your opting out
of the Arbitration Agreement and/or Class Action Waiver, as
applicable, but not for marketing purposes.
iv) Effects of Proper Opt Out Notice. If your Opt Out Notice
meets all of the above requirements, you and BNEA will be deemed to
have opted out of the Arbitration Agreement and/or Class Action
Waiver, subject to your statement in such Opt Out Notice, with
respect to this Agreement. Submission of a valid Opt Out Notice
applies only to Claims arising from or relating to the Game and
Agreement identified therein, as between BNEA and the individual
identified in such Opt Out Notice.
v) Effects of Improper Opt Out Notice. If you submit an Opt
Out Notice that fails to meet any of the requirements set forth in
Sections 19.c.i – 19.c.iii, you and BNEA will be bound by the
Arbitration Agreement and Class Action Waiver set forth in this
Agreement.

20. GOVERNING LAW.

To the extent required by applicable law, all terms and provisions
of this Agreement shall be governed and construed in accordance
with all applicable mandatory laws, even if inconsistent with the
governing law set forth in this Section 20 and in no event shall
the application, interpretation, or enforcement of the terms of
this Agreement, under any jurisdictional law contemplated by this
Section 20 exclude, limit, or otherwise restrict any rights vested
with you, as a consumer, under any applicable consumer protection
laws. Please note that your conduct may also be subject to other
local, state, national, and international laws. The parties agree
that the UN Convention on Contracts for the International Sale of
Goods shall not apply to any dispute or transaction arising out of
this Agreement.
a) If you reside in North, Central, or South America:
The laws of the State of California, excluding its conflicts-of-law
rules, govern the application, interpretation, or enforcement of
the terms of this Agreement and your use of the Game.
b) If you reside in Asia:
Any dispute between the parties arising from or relating to this
Agreement will be governed by this Agreement and the laws of Japan,
without giving effect to any conflict of laws principles that may
provide for the application of the law of another jurisdiction.
c) If you reside in any other location:
Any dispute between the parties arising from or relating to this
Agreement, will be governed by this Agreement and the laws of
France, without giving effect to any conflict of laws principles
that may provide for the application of the law of another
jurisdiction.

21. VENUE.
a) If you reside in North, Central, or South America:
You and BNEA expressly agree that, for all claims and disputes
arising out of or relating to this Agreement and/or your use of the
Game that are not subject to the Arbitration Agreement in Section
19, above, exclusive jurisdiction for any such claim or action
shall be the federal or state courts that govern Santa Clara
County, California, and you expressly consent to the exercise of
personal jurisdiction of such courts.
b) If you reside in Asia:
Any dispute between the parties arising from or relating to this
Agreement shall be decided by the Tokyo District Court, and you and
BNEI agree to submit to the exclusive jurisdiction of that court.
c) If you reside in any other location:
Any dispute between the parties arising from or relating to this
Agreement shall be decided by the Commercial Court of Lyon, and you
and BNEE agree to submit to the personal jurisdiction of that court.

22. THIRD-PARTY BENEFICIARIES. Any person or entity who is not

a party to this Agreement shall have no rights under any law to
enforce any terms of this Agreement, regardless of whether such
person or entity has been identified by name. Nothing in this
section shall affect the rights of any permitted assignee or
transferee of this Agreement.

23. MISCELLANEOUS. This Agreement contains the entire agreement

between you and BANDAI NAMCO regarding the use of the Game. If any
provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall continue in full force and effect
for the remainder of the term, or as otherwise set forth in Section
6(d), except if such provision deprives the Agreement from its
essential obligations. You may not assign this Agreement or any of
its rights under this Agreement without the prior written consent
of BANDAI NAMCO, and any attempted assignment without such consent
shall be void. Subject to the foregoing restriction, this Agreement
will be fully binding upon, inure to the benefit of, and be
enforceable by us and our respective successors and assigns. The
failure of BANDAI NAMCO to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.

To contact BNEI, please follow the process described on our support

page located at http://bandainamcoent.co.jp/cs_support/.
To contact BNEA, please contact BNEA’s customer support line at
https://www.bandainamcoent.com/support or by writing to BNEA at:
BANDAI NAMCO Entertainment America Inc., 2051 Mission College
Blvd., Santa Clara, CA 95054, USA.
To contact BNEE, please contact BNEE through BNEE customer service
at http://www.bandainamcoent.eu/support or BANDAI NAMCO
Entertainment Europe S.A.S., 49/51 rue des Docks, CS 90618 – 69258
LYON CEDEX 09 – France.