GAIJIN END USER LICENSE AGREEMENT (EULA)
IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS DOCUMENT IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT PERMISSIBLE AGE IN SECTION 8 OF THIS DOCUMENT BELOW. ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY OR INTERPRETATION THEREOF.
Depiction of any real-world weapon or vehicle in the Games does not mean participation in product development, sponsorship or endorsement by any weapon or vehicle manufacturer.
This End User License Agreement (“EULA”) constitutes a legal agreement between you (“User”, also “you”, “your”, “Player” in the EULA) and Gaijin which means one of the following legal entities (depending on the circumstances described right below):
- When the Games are provided directly to the User (e.g. Gaijin Website): Gaijin Network Ltd, with its registered address at Kyriakou Matsi, 10 Liliana Building, 2nd floor, Office 203, PC 1082, Nicosia, Cyprus;
- When the Games are provided via third-party platforms (e.g. Steam, PlayStation Network, Xbox Live, GOG, Google Play Store, Apple App Store): Gaijin Distribution Kft., with its registered address at Hungária körút 162-166, 1146 Budapest, Hungary.
Gaijin can also be referred to as “we”, “us”, “our” in the EULA.
This EULA shall be the part of Terms and Conditions as defined in the Terms of Service current version of which available at: https://crossout.net/en#/termsofservice - and grants you a license (“License”) to use of our videogame(s) (“Games” or “Game”) published by Gaijin on any platform (i.e. Windows, Xbox, PlayStation, iOS, Android and etc.), including, but not limited to, War Thunder, Crossout, Star Conflict, CRSED: F.O.A.D., Enlisted and/or other Gaijin’s videogame which has been installed by you, subject to your accepting our Terms and Conditions and stipulations and limitations specified in such Terms and Conditions and herein.
Before installing or starting to use any of our Games, you shall read out and accept this EULA, as well as Gaijin Terms of Service which contains general provisions and regulations on how we deliver our Services, including the Games, which also incorporates the following documents:
- Cookies Policy;
- Game Rules; and other documents being an integral part of the Terms and Conditions.
The capitalized terms (words) not defined herein, shall be interpreted as provided by the Terms of Service.
1. GRANT OF LICENSE
1.1. We hereby grant you the right to store, download, install, execute, and display the latest version of the applicable Game client for the platforms (computer devices, whether desktop, laptop, mobile or, in particular, gaming consoles) for which the Games were specifically designed by Gaijin and, in the same time, with a sole and only purpose of your playing the Game(s).
1.2. Despite we call the License as “License to the Game”, the aforementioned rights relate solely to the Game client which Gaijin deliberately made available for download, further install and launch. Please pay attention that you are not permitted to store, download, modify or otherwise use any part of the Game which does not constitute its client (client-side of the Game), including, among others, any backend part (server-side) of the Game and the In-Game Items (please also check Section 6 of this EULA to find more about the use of In-Game Items in Gaijin Games). The License allows you to interact with non-client parts of the Game solely as it is made technically available by Gaijin within the Games, provided Gaijin has the right to change the ways of such technical interaction.
1.3. The License granted to you under this EULA is:
- non-exclusive - you are not the only User (licensee) and we can grant same or any other license to any of our Games to others;
- for personal use only - you can use the Game only on your personal device (which is used solely for your personal purposes and primarily by you), and your use of the Game explicitly excludes any commercial or other non-personal use;
- limited - you can use the Games only for the purposes and by means of usage as provided by this EULA and the Terms and Conditions;
- revocable - that means we can terminate the License in certain cases as provided in Section 12 of this EULA below;
- non-transferable - that means the License is granted solely to you, and you cannot assign, sublicence or otherwise transfer it to any other person (whether individual or entity). For avoidance of doubt, your rights and obligations under the License are also non-transferable whether in full or in part.
1.4. The Games are licensed, not sold. It means you do not acquire any property or other rights to a digital copy of any of the Games, unless otherwise as provided by applicable law as a mandatory rule. You are also not granted any rights that are not expressly stated in this EULA or the Terms and Conditions.
2. LICENSED TERM AND TERRITORY
2.1. The term of License starts from the date of your accepting this EULA and lasts until this EULA is suspended or terminated as stipulated in Section 12 below.
2.2. You can use the Game worldwide, unless otherwise is specified by Gaijin on the Game’s official Web-site, within the Game Client, on a physical copy of the Game, or by any other means of Gaijin's sole choice. Gaijin have the right to unilaterally change the territory of License in the way stipulated in clause 11.2 of our Terms of Service.
3. LICENSE LIMITATIONS
3.1. License granted to you under this EULA, has certain limitations. Gaijin has the right to terminate your License in case you violate the limitations set forth in this Section.
3.2. You hereby unconditionally agree and guarantee that you WILL NOT do (or attempt to do or facilitate doing) under any circumstances the following:
3.2.1. No transfer
- sell, lend, rent, sublicense, publish, distribute, transfer in any other way the Game (or a copy thereof), in whole or in part, to any third party;
- allow third parties to benefit from the utilizing the Game through timeshare contracts, service contracts or otherwise, including any commercial exploitation;
3.2.2. No derivative works or reverse engineering
change, modify, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works of, the Game in whole or in part, as well as commit other actions specified by clause 4.3 of the Terms of Service;
3.2.3. No malicious or deceiving use
- modify server code (including by means of cheats, hacks and etc.);
- exploit flaws in Game mechanics (exploits, bugs and etc.);
- use software which automates the game process (bots, mods), changes gameplay or functionality of the Game, grants an advantage over other players not using such software or otherwise changes gaming experience, whether yours or any other player’s;
- use any third-party software which may anyhow interfere the Game which is not authorized by Gaijin for a particular Game(s) or related services, unless such use is permitted by law as a mandatory rule;
- destroy, disable (or assist destroying, disabling) any computer or server used to support the Game and related services; to upload any files that contain malicious code, including viruses, spyware, trojans, worms, intentionally corrupted data, or any other files that may damage, or interfere with, the Games and related services; organize, assist or take part in any type of cyberattacks, including, without limitation, denial of service, and commit any other actions or attempts to disrupt the Games and related services;
- use the Game, knowingly or unintentionally, in violation of any applicable law or regulation, or contribute to a violation of any applicable law or regulation;
- make available, offer, advertise, promote and otherwise distribute any of the aforementioned means of malicious or deceiving use;
3.2.4. No circumventing or manipulating use
- engage in any act to be in conflict with the spirit or intended use of the Game and related services (as reasonably determined by us), including but not limited to circumventing or manipulating the Game, game mechanics and the rules set forth by the Terms and Conditions and this EULA;
3.2.5. No commercial use
- use the Game or parts of it for commercial purposes, including, but not limited to: (1) to interact with or facilitate commercial advertising or commercial offers, or (2) to transfer In-Game Items by means other than explicitly provided by the Game or other Gaijin services;
3.2.6. No services rendering
- use the Game, or parts thereof, to render any in-game services, including to other Users, in exchange for service fees or any other consideration, which explicitly include, without limitation, in-game leveling, crews leveling and item collection services, missions performing, fighting in a battles in exchange for payment or resource grinding services;
3.2.7. No transmitting unauthorized information
- use the Game to transmit unauthorized information, including, but not limited to, unsolicited emails, junk mail, spam, and any material promoting malware, spyware, and downloads;
3.2.8. No unauthorized connections
- use, facilitate, create or maintain any unauthorized connections to the Game, including, without limitation (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the Game, or (2) any connection using programs, specialized tools, software not permitted by Gaijin;
3.2.9. No mining of hidden data
- mine or otherwise collect any Game data which is not intended for display during normal (as intended by Gaijin) exploitation of such Game;
3.2.10. Terms of Service limitations
- otherwise use the Game in the way contrary to the Terms of Service, including Sections 3 and 4 thereof. For the purposes of your convenience, here are some examples of such prohibited use:
i) utilizing illegal or otherwise non-appropriate usernames (or nicknames), such as the names of terrorists, Nazi leaders or Nazi war criminals;
ii) making available through the Games any material or information, or committing other actions that infringes any third-party right (including any individual or legal entity);
iii) publishing nudity, sexual, excessively violent, offensive or otherwise inappropriate content, as well as to distribute the links to such content, or use the Game by any means for these purposes;
iv) posting abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive information, as well as to distribute the links to such information, or use the Game by any means for these purposes.
3.3. This list is not exhaustive, please also see our Terms of Service to find out more about the use of, and the applicable limitations to, Gaijin services, including the Games.
4. PROPRIETARY RIGHTS AND DIGITAL RIGHTS MANAGEMENT
4.1. You agree that the computer code, visual images, sounds, systems, ideas, methods of operation, documentation and other information contained in the Games are intellectual property and/or the valuable trade secrets of Gaijin or its suppliers and/or licensors and are protected by intellectual property, civil and criminal law.
4.2. You also understand that the Games are commercial product operated by Gaijin at its sole discretion.
4.3. To prevent unauthorized use of the Game, Gaijin may utilize special technical means (DRM-tools, anti-cheat solutions and etc.) designed to prevent such unauthorized use of our Games and violation of our intellectual property and other rights. As instance, Gaijin utilizes Easy Anti-Cheat for that purposes (for more information please visit utilizes Easy Anti-Cheat official website available at: https://www.easy.ac) Gaijin may also use such technical means to ensure that you are using an original copy of the Game and do not violate the Terms and Conditions.
5. DEMO ACCESS
From time to time, Gaijin may provide certain Users of Gaijin’s own choice, access to a particular Game, or to a Gaijin Account intended solely for launching and playing the Game, for a short a time period specified by Gaijin and normally without charging any fee for such access (the “Demo Access”). Gaijin does not guarantee to Demo Access holders the safety of their game progress, In-Game Items, as well as the possibility of transferring their Demo Account data to the personal Gaijin Account.
6. IN-GAME ITEMS AND APPLICABLE FEES
6.1. Gaijin Games are usually distributed on a free basis (unless otherwise explicitly stated by Gaijin or its distribution partners). Regardless of the distribution basis (paid, free, or other business model), Gaijin usually offers for “real world” money the right to use the optional in-game data indented to extend or improve your gameplay and in-game experience, such as in-game virtual currency (for which you can buy other In-Game Items), DLCs, characters and virtual objects (vehicles, weapons, mounts, military equipment and etc.), as well as skins for them, any consumables and other items/features having effect on your gameplay and in-game experience (collectively “In-Game Items”). Such In-Game Items constitute an integral part of the relevant Game and their use is covered by the License to the same extend as to the Game, including any and all applicable limitations. In-Game Items being offered or sold for one Gaijin Game are not compatible with any other Gaijin Game, unless otherwise expressly facilitated and permitted by Gaijin.
6.2. The In-Game Items made available through the Gaijin services and are licensed, not sold. The method and way of usage of the specific In-Game Items depend on specific game mechanics and/or gameplay purpose.
6.3. Any fees (whether in form of In-Game currency or “real world” money) paid by you in exchange for any In-Game Items are non-refundable and cannot be exchanged to another In-Game Item unless:
- such refund or exchange are explicitly and unambiguously consented by Gaijin (as instance, you can exchange virtual currency to another In-Game Item strictly to the extend explicitly allowed by the applicable Game);
- otherwise is provided by the Terms of Service;
- otherwise provided by applicable law as a mandatory rule.
PLEASE TAKE INTO CONSIDERATION THAT GAIJIN DO NOT MAKE ANY REFUNDS IN CASE OF, WITHOUT LIMITATION, YOUR GAIJIN ACCOUNT DELETING OR ITS OTHER EXPIRATION, LICENSE REVOCATION OR OTHER EULA TERMINATION ON ANY GROUNDS.
6.4. Please also see our Terms of Service for more details on charging and billing any applicable fees made within Gaijin services (including store and marketplace for which we may invoke the additional rules being a part of the Terms and Conditions), including our Games. Please pay special attention to Section 5 and 6 thereof.
7. GAME RULES AND SANCTIONS FOR BREACH
7.1. Gaijin has the right to establish the Game Rules for all or any particular Game. Such rules regulate (or in some case limit) your behavior in our Games when communicating or otherwise interacting with other Players. Please read out carefully the Game Rules available at https://crossout.net/en#/gamerules before playing our Games.
7.2. When you breach the Game Rules, or your behavior is otherwise not consistent with them, we have the right, at our sole reasonable discretion, to invoke the following sanctions against you, depending on seriousness of your breach or inappropriate behavior and the stipulations of the Game Rules with regard particular violations:
- suspend your access to the “game chat” functionality in the Game;
- facilitate renaming of your nickname or editing other information of your Gaijin Account, if such information violates Game Rules or the Terms and Conditions;
- limit the number of connections to the server, as well as the duration of each connection within a certain period of time;
- suspend or restrict your use of any of our Games where you violated the Games Rules;
- temporarily restrict some functionality of the Gaijin Account;
- suspend or delete your Gaijin Account;
- impose other sanctions provided by the Game Rules.
7.3. Failure to comply with the Game Rules constitutes a material breach of the Terms and Conditions. For your information purposes, “Material breach” means substantial and serious violation of a legally binding agreement (which is the Terms and Conditions in this situation) that gives your contractual counterparty (which is Gaijin under the Terms and Conditions) a lawful ground for immediate unliteral termination of such agreement and seeking any available remedies for such violation (which can be monetary ones, such as damages or compensation that you may have to reimburse).
7.4. Please note if we choose to delete your Gaijin Account, you will never be able to access it anymore. In such case we are also entitled to prohibit you from accessing our Games in future.
7.5. Gaijin independently decides on the fact of violation and the applicable sanctions, including, at Gaijin’s sole discretion, by automatic means (as instance, by means of Easy Anti-Cheat mentioned in Section 4 above). However, you have the right to appeal Gaijin’s decision by contacting our Customer Support Service (for more details please see Section 14 hereof).
7.6. If you encounter another User violating our Game Rules, including when such violations interfere your right to play the Game or, you can report them via in-Game tools designed for reporting, or, of such tools are not available, via our Customer Support Service.
8. AGE RESTRICTIONS
8.1. Besides the minimum age necessary to accept the Terms and Conditions (including this EULA) as stipulated by the Terms and Conditions (16 years old or other age of necessary legal capacity in your country), please take into consideration that each Game also has its own age rating or limitations (e.g. PEGI, ESRB depending on your region).
8.2. Depending on your applicable law, if you (or your child which intends to play the Game) are under the minimum required age, you shall do the following:
- Refrain from using our Games;
- Consult your parents, guardian or other legal representative whether you can play the Game;
- Do other actions as required by the laws of your country.
IF YOU ARE UNDER 16 YEARS OLD (OR OTHER AGE WHICH IS NECESSARY TO FULLY ACCEPT LEGALLY BINDING DOCUMENTS IN YOUR COUNTRY), PLEASE ASK YOUR PARENT OR GUARDIAN TO REVIEW THIS DOCUMENT AND APPROVE YOUR PLAYING GAIJIN GAMES. YOU CANNOT PLAY OUR GAMES WITHOUT SUCH A CONSENT.
9. HEALTH PRECAUTIONS
9.1. You understand and agree that Game audiovisual content is capable to provoke aggravating epileptic and other types of neurological disorders. If you have a tendency to such disorders, we strongly recommend you to consult your doctor before playing our Games, or refuse playing; Gaijin is not responsible for any direct or indirect consequences of playing a Game in such situation.
9.2. You also acknowledge that continuous playing can lead to excessive fatigue that is able to provoke certain diseases, including impaired vision, various forms of spinal deformities, neuroses and other health disorders. You are independently responsible for keeping track of the time spent while playing our Games, organizing breaks/rest, taking proper position while playing and undertaking other precautions to keep your health safe.
10. SYSTEM AND TECHNICAL REQUIREMENTS
10.1. Please note that the requirements mentioned below may periodically change, including in respect of the same Game. It is mostly connected with the changes to the Game being made by Gaijin from time to time according to Section 11 of this EULA. Nevertheless, Gaijin also reserves the right to change such requirements in respect of any of the Games at its sole discretion.
10.1.1. Minimum requirements. Each Game is designed for being run on one or several particular platforms (operating systems or devices). In some cases, a Game may have its own minimum technical requirements to your device (e.g. in terms of CPU, GPU, RAM, free storage and etc.) which are indicated by Gaijin on Game’s official website, Game’s official page on a third party gaming platform or by other means at Gaijin’s own discretion. Please make sure your platform meets such minimum requirements. Otherwise Gaijin does not guarantee Game’s launch or functioning, and is not responsible for any errors, bugs, and other flaws in Game’s work. You are solely responsible for having sufficient device resources to store and launch the Game, including free Ram, storage, CPU and GPU load and etc.
10.1.2. Recommended requirements. For informational purposes and your convenience, we usually publish recommended requirements of our Games with regard to the technical parameters of your device. Please pay attention that such recommended requirements are designed for information purposes only and do not guarantee flawless functioning of the Game, as well as do not imply any other guarantee or warranty. For avoidance of doubt, if a platform (whether device or operating system) is stated as a “recommended requirement” for a Game, it means such Game is designed to operate solely on such platform. Same is applicable to other “recommended requirements” which are clear to be necessary from the context.
10.1.3. Internet connection requirement. Normally Gaijin Games require a stable high-speed Internet connection in order to work correctly and provide proper gaming experience. Please consider that Gaijin is not responsible for any flaws in Game work arising from the quality (including speed, reachability of Gaijin servers and response time, or so called “ping”) of your Internet connection.
11. PATCHES, UPDATES AND MODIFICATIONS
11.1. In order to ensure best level of services, user experience and Gaijin services efficiency within the Games, we need to patch, update and modify our Games from time to time. That usually results in mandatory and/or automatic updates of our Games, and the older versions may not launch or operate until you update them.
11.2. Gaijin has the right to change the software code of the Game at any time at its sole discretion. Such changes may affect, among others, the functionality of the Game and its other content. As instance, we can add or remove Game content or features, fix bugs and errors, make balance changes and etc.
11.3. Please pay special attention that some patches, updates and modifications may require (and over the time will definitely require) higher technical requirements to your device, or increase the device resources consumption by the Game, otherwise they may lead (and over the time will definitely lead) to performance drop of the Game and/or lower graphics or other settings.
11.4. By accepting this EULA, you confirm and acknowledge that your refusal to update the Game may make its further use by you impossible, and this EULA shall be deemed suspended until you update the Game.
12. LICENSE TERMINATION
12.1. Termination by User. You can terminate this EULA immediately by permanently stopping use of our Games and deleting them from your device.
12.2. Termination by Gaijin. We have the right to both suspending or permanently terminating this EULA (which also means restricting your access to any of our Games) in the following cases:
- if you materially breach this EULA or the Terms and Conditions;
- if you breach the Game Rules, in the manner and to the extend provided by such Game Rules;
- if we suspend or delete your Gaijin account on the grounds provided in our Terms of Service;
- if we cease operating and distributing the Game, or otherwise stop to provide the access to the Game, subject to prior reasonable notification;
- on other grounds as provided by the Terms and Conditions.
12.3. In case of License termination as stated in this Section of EULA, or on the other grounds provided by the Terms and Conditions, we will not have any future obligations or liabilities before you.
12.4. When done by Gaijin, License termination shall have its effect immediately, unless otherwise is specifically indicated by Gaijin or required by applicable law as a mandatory rule.
12.5. License termination is safe to any obligations and liabilities of both you and Gaijin, emerged and existing prior to the termination.
PLEASE NOTE THAT TERMINATION OF THE TERMS AND CONDITIONS OR THE TERMS OF SERVICE, OR SUSPENDING THEREOF, LEAD TO THE LICENSE TERMINATION/SUSPENDING AS WELL.
In all other aspects regarding the grant of License which are not specified by this EULA, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, EULA update and modification, severability, assignment and termination, the relevant provisions of Terms of Service shall apply to this EULA.
14. CONTACT INFORMATION
To contact Gaijin, please use our Support Service website currently available at: https://support.gaijin.net.
Last revised and effective: December 29, 2020
Copyright © 2021. Gaijin Network Ltd. and its licensors. All rights reserved. The Product, including the Software and any accompanying Documentation, are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.