Page:Take-Two Interactive Software, Inc v Anderson.pdf/23

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January 2018 EULA

LICENSE CONDITIONS

You agree not to, and not to provide guidance or instruction to any other individual or entity on how to

cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Software

Licensor may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, on thirty days' notice, or immediately for any reason beyond the Company's reasonable control or if you breach any term of an agreement or policy governing the Software, including this Agreement, Licensor's Privacy Policy and/or Licensor's Terms of Service.

This Agreement automatically terminates when … or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above.

January 2018 Terms of Service

CODE OF CONDUCT

you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Online Services

you will not provide assistance, guidance, or instruction to any other individual or entity regarding any of the above.

55 The respondent has failed to establish that he was at the relevant time unaware of these terms, or that he has an arguable defence to any of the applicants' claims based on any such lack of knowledge. All versions of the EULAs and the ToS that applied during the relevant period include terms barring players (or users) from cheating or using unauthorised mods.

The trade and commerce issue

56 The trade and commerce issue is relevant to two alternate claims made by the applicants against the respondent. The first, which is pleaded in [57]–[60] of the statement of claim, alleges that end users of GTA V were when playing the game doing so in trade or commerce. Neither party


Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024
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