Page:Take-Two Interactive Software, Inc v Anderson.pdf/22

 claim.

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53 As the evidence of Mr Anderson indicates, there were a number of different versions of the EULA and the ToS that applied over the relevant period when the Infamous mod was operating. However, what Mr Anderson's affidavit does not contain is any suggestion that he was unaware of the existence or content of the EULA or the ToS.

54 Relevant extracts from the EULA and the ToS appear as an annexure to the affidavit of Mr Anderson. There does not appear to be any disagreement between the parties as to the relevant terms which include the following:

October 2013 EULA

October 2013 Terms of Service

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CODE OF CONDUCT

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

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