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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.
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 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.
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.