End User License Agreement

CAPCOM CO., LTD.
Monster Hunter Stories+
End User License Agreement

Last Update: June 11, 2021

BEFORE DOWNLOADING OR PLAYING THE GAME, PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT ("EULA"). THIS EULA IS AN LEGAL AGREEMENT BETWEEN YOU AND CAPCOM CO., LTD（"CAPCOM"）. BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT DOWNLOAD OR USE THE GAME.

Note: If you are under age 13, you may use the Game only under the supervision of your parent or legal guardian, except where prohibited by law.

Your Agreement to this EULA and Future Changes

This mobile application  “Monster Hunter Stories+” (the “Game” ) is  licensed, not sold, to you by CAPCOM Co., Ltd. (“we,” “us” or “CAPCOM”). By using the Game, you agree to be bound by this End-User License Agreement (“EULA”). Unless expressly granted to you under this EULA, we reserve all rights in and to the Game. We may modify this EULA, at our sole discretion, without your consent, which shall take effect immediately upon the posting of the revised EULA, and you agree to and accept this condition. Material changes to this EULA will be announced by posting them in the Apple App Store and other mobile application stores where the Game is available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License

This EULA is limited to a nontransferable license to use the Game on mobile devices that you own or control and as permitted by the usage rules for the Apple App Store or other mobile application stores, as applicable, or other terms and conditions applying to your device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the rules relating to your device You may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. Any commercial use of the Game is strictly prohibited, and you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game. If you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is a violation of the rights of CAPCOM and our licensors. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this EULA will govern any upgrades provided by CAPCOM that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and CAPCOM, and not with the mobile application store from which you downloaded the Game (for example, Apple Inc.), and that CAPCOM is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If you have a device which provides terms and conditions and this EULA is less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.

Use of the term “purchase” in this EULA does not imply that you obtain any ownership rights to the Game.

Intellectual Property

All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by CAPCOM or our licensors and protected by applicable copyright laws. The Game may include registered and unregistered trademarks owned by or licensed to CAPCOM, which may not be copied, imitated or used, without the prior written permission of CAPCOM.

Charges

If there is a charge associated with the Game, you agree to pay that charge. Your device may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device.
Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game.

Any amounts paid for the Game are non-refundable, except to the extent required by applicable law or as expressly set forth in this EULA. If you are a resident of the European Union, you consent that we make available to you the Game directly after your order has been accepted by the Apple App Store or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right withdraw from the purchase of the Game.

We or the mobile application store from which you obtained the Game (such as the Apple App Store) may decide in our or its sole and absolute discretion to provide refunds.

Use of your Data

Your game usage data will be stored only on your device and we do not collect any data (including your personal information) through your use of the Game. If we collect any personal information from you by other means, we will use that personal information in accordance with our Privacy Policy.

The Game contains a function that utilizes the service provided by Apple, such as iCloud and Game Center. The personal information you provide to use those services will be controlled by Apple, as applicable, in accordance with their policy.

Minor Users

If you are under age 13, you may use the Game only under the supervision of your parent or legal guardian, except where prohibited by law. If you are age 13 or over but under age 20, you may use the Game only with the consent of your parent or legal guardian.

CAPCOM relies upon parents and guardians to determine if the Game is appropriate for the viewing or access by persons under the age of 20.
You agree to monitor use of your account by persons younger than the age of 20. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 20, including responsibility for any use of your credit card or other payment instrument.

Gameplay Data Transfer by You

If you wish to transfer your gameplay data in order to continue to play the Game on your other mobile device, or the same mobile device from which you once downloaded the Game but deleted afterwards, you may do so by following the instruction separately provided by Capcom in advance, to the extent you use the same version of OS. You understand and agree that the any of your conduct in connection with gameplay data transfer shall be at your sole risk. In no event shall Capcom be responsible for damages or loss of data caused by the gameplay data transfer provided herein.

Prohibited Conduct

You agree not to engage in any of the following conduct through the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead CAPCOM or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a Game account by automated means or false pretenses or use any other user's account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications that are designed to modify the Game experience to the detriment of fair play; or (j) submit false refund requests to CAPCOM or any mobile application store, such as the Apple App Store. CAPCOM reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game

We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.

You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access the any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game.

The license is effective until terminated by you or CAPCOM. Your rights under this EULA will terminate automatically without notice from CAPCOM if you violate any terms listed in this EULA regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Game and delete all copies of the Game.

You may, as the result of termination, lose your Game account and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or CAPCOM. CAPCOM reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CAPCOM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO CAPCOM PARTY WARRANTS THAT THE GAME, OUR SERVERS OR E MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPCOM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN OR GAMES PERFORMED OR PROVIDED BY THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAPCOM OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CAPCOM BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CAPCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid for the Game. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable warranty on a device provided by Apple, you may notify them for a refund of the purchase price for the Game. To the maximum extent permitted by applicable law, Apple will not have any other warranty obligation whatsoever with respect to the Game.

Indemnification

You are responsible for damages incurred by CAPCOM and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless CAPCOM and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Game and any breach of this EULA, the Privacy Policy or any other policies posted on the Game from time to time.

Third-Party Beneficiary

You acknowledge and agree that the mobile application store from which you obtained the Game, including Apple and their subsidiaries,is a third-party beneficiary of this EULA, and that, upon the your acceptance of the terms and conditions of this EULA, such store will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
You acknowledge that, in the event of any user or third-party claim relating to the Game or your possession and use of the Game, the mobile application store from which you obtained the Game (including Apple App Store) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes, but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in this EULA limits our liability to you beyond what is permitted by applicable law.

Limited Support

You agree that we have no obligation to provide support relating to the Game. You further agree that the mobile application store from which you obtained the Game (including Apple App Store) has no obligation whatsoever to furnish any maintenance and support services with respect to the Game. We may provide limited support to users who contact us through http://www.us.capcommobile.com/main#support. However, we may discontinue such support at any time.

You agree that the Game may automatically download and install updates, upgrades and additional features that CAPCOM deems reasonable, beneficial to you and/or reasonably necessary.

Communications

Any questions relating to the Game should be directed to Capcom, as follows:

Capcom Co., Ltd.
3-1-3 Uchihirano-machi, Chuo-ku, Osaka 540-0037, Japan
URL: http://www.us.capcommobile.com/main#support

You agree that the personal information you provide to Capcom will be controlled and processed in accordance with our privacy policy
[https://www.capcom.co.jp/game/legal/privacy-policy-en/]

Disputes

As used in this EULA, "Dispute" means any dispute, claim, demand, action, proceeding, or other controversy between you and CAPCOM concerning the Game and your or CAPCOM's obligations and performance under this EULA, CAPCOM’s Privacy Policy or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. "Dispute" will be given the broadest possible meaning allowable under law. However, “Dispute” does not include a claim to enforce or protect, or concerning the validity of, any of your or CAPCOM’s (or any of CAPCOM’s licensors’) intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use. You acknowledge that Apple is not responsible for addressing any Disputes.

PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Informal Negotiation

You and CAPCOM agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and CAPCOM otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or CAPCOM provides written notice of the Dispute. You and CAPCOM agree that neither will commence any legal proceeding before the end of the time for informal negotiation.

Governing Law

The laws of Japan, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. You and Capcom hereby irrevocably submit and consent to the exclusive jurisdiction of Tokyo District Court for any action, suit or proceeding arising out of or relating to the Game or EULA.　You and Capcom agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.

Severability

If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of this EULA.

Delay in Enforcement

No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement

This EULA, the Privacy Policy, and any other policies posted in the Game from time to time, constitute the complete agreement between you and CAPCOM with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and CAPCOM.

Language

This EULA is made in English and translated into Japanese as a reference. The English text shall be deemed the original, and in case of any conflict between the English and the Japanese text, the English text shall prevail.