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Your use of Splitgate: Arena Warfare is governed by the terms of our End User License Agreement http://www.1047games.com/EULA and our Terms of Servicehttp://www.1047games.com/TOS. By clicking on the “I Agree” button and/or installing the Game, you agree to these terms.
End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (“you” or “your”) and 1047 Games, LLC, a Nevada limited liability company (“1047 Games” “us” or “we” or “our”) for the Splitgate: Arena Warfare game software and any Updates thereto provided by 1047 Games (the “Software”) for use with the online component of Splitgate: Arena Warfare (a “Game Server”). The Software, Game Server, and all content therein, including any virtual items made available for use or purchase (“Content”) are collectively referred to herein as the “Game.”
Important Notice – Please Read Carefully:
• By accessing or playing the Game you acknowledge that you have read and agree to the terms set forth in this EULA. If you do not agree to these terms do not install or play the Game.
• If you are under the age of 18, then you must first obtain the fully informed consent of a parent or guardian before playing the Game.
• This EULA contain provisions that govern how claims between you and us are resolved (See Section 16, Binding Individual Arbitration; Class Action Waiver below). This includes an obligation to arbitrate certain claims through binding and final arbitration, with a limited right to opt-out. Unless you opt out as provided herein, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. License Grant.
Subject to the terms of this EULA, 1047 Games grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use the Software, in object code form only, on compatible devices you own or control solely for purposes of playing the Game for your personal, noncommercial entertainment.
No license or other rights are created hereunder by implication, estoppel, or otherwise. The license granted herein confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including, without limitation, any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by 1047 Games or its licensors. 1047 Games reserves all rights not expressly granted to you in this EULA.
2. License Restrictions.
You shall not, directly or indirectly, do any of the following with respect to the Game or any of its components:
a. Sell, license or transfer the Game, or any reproductions or modifications thereof, to any person or entity;
b. Modify the Game or any portion thereof;
c. Copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
d. Remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
e. Develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. Exploit the Game, or any portion thereof, for any commercial purpose, including, without limitation;
g. Connect to a Game Server except by using the Game through the Steam digital distribution platform developed by Valve Corporation for purchasing and playing video games (“Steam”);
h. Use the Game to connect to any server or service other than a Game Server through the Steam service;
i. Infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or
j. Behave in a manner which is detrimental to the enjoyment of the Game by other users as intended by 1047 Games, in our sole judgment, including, but not limited to, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by 1047 Games or which interfere with the outcome and/or the course of the Game (including Cheats, bots, scripts, or mods).
You agree that the violation of any of the foregoing license restrictions will constitute a breach of this EULA and an infringement of 1047 Games’ copyrights.
3. Ownership.
You agree that, between you and 1047 Games, 1047 Games owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, all content therein, and all intellectual property rights therein and thereto. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this EULA with the right to enforce their rights against you if you violate this EULA.
4. Term.
This EULA is effective until terminated as provided herein, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license restrictions, disclaimer of warranties, limitation of liability, indemnification, and ownership.
5. Changes to the EULA and Game.
1047 Games may update this EULA at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving notice that the EULA has been updated. 1047 Games may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game, including but not limited to (where applicable) any in-game rewards, trophies, achievements, character levels, Game Currency, or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Game may cease to be available to you at any time without notice from 1047 Games. 1047 Games does not have any maintenance or support obligations with respect to the Game.
6. Patches and Updates.
1047 Games may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time. You agree that 1047 Games may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for 1047 Game to install and apply such Updates.
7. Game Currency and Content.
1047 Games offers you the ability to acquire licenses to in-game currency (“Game Currency”) or Content, such as by: (a) purchasing a limited license to use Game Currency for a fee (“Purchased Game Currency”), (b) earning a limited license to use Game Currency by performing or accomplishing specific tasks in the Game, or (c) purchasing for a fee, exchanging Game Currency for, or earning a limited license to use Content. Also, 1047 Games may facilitate the exchange of certain Content through the Game, in some cases for a fee. You may only use such Game Currency or Content if you pay the associated fee (if any). When you earn or pay the fee to obtain such Game Currency or Content, you are obtaining from 1047 Games the right to have your License include such Game Currency or Content. Both Game Currency and Content are licensed, not sold, to you under the License.
Neither Game Currency nor Content are redeemable for money or other value from 1047 Games or any other person, except as otherwise required by applicable law. Game Currency and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. You agree that 1047 Games may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and Content at any time, except as prohibited by applicable law.
All purchases of Purchased Game Currency and Content are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. 1047 Games, in its sole discretion, may (i) impose limits on the amount of Game Currency or Content that may be purchased, earned, accumulated, redeemed or otherwise used; and (ii) manage, modify, substitute, replace, suspend, cancel or eliminate Game Currency or Content, including your ability to access or use Game Currency or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Content except within the Software and as expressly permitted by 1047 Games.
8. Consent to Monitor; Cheat Detection.
When the Game is running, 1047 Games may monitor your use. You hereby grant 1047 Games permission to monitor the personal computer or device on which you play the Game for purposes of identifying potential violations of this EULA. 1047 Games, however, is under no obligation to monitor your use.
1047 Games uses anti-cheat technologies designed to detect programs, methods, or other processes that may give players an unfair competitive advantage in the Game. When you connect online to a Game Server, these technologies will activate and monitor your Game play, the files on your computer associated the Game or that otherwise access our servers, and your computer’s memory, purely for the purposes of detecting and preventing cheating. If cheating is detected, we may collect relevant information necessary for our investigation and enforcement purposes. We also may suspend or terminate your license to use the Game and exercise any and all rights under this EULA if we determine you have been cheating.
9. Feedback.
You acknowledge and agree that any ideas, feedback, or suggestions that you provide regarding the Game (“Feedback”) are submitted by you on a voluntary, non-confidential, gratuitous, and non-committal basis. We have no obligation to treat any Feedback as confidential or proprietary, pay compensation for any Feedback, or to respond to any Feedback, and we have the right to use or disregard, in whole or in part, any Feedback. We will not be liable for the use of any Feedback nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Feedback you submit. If you submit Feedback to us, we will have the right to use, exploit and do with the Feedback as we determine, without notice or compensation to you or consent from you, as if the Feedback was original and proprietary to us.
10. Disclaimers and Limitation of Liability.
THE GAME IS PROVIDED “AS IS.” 1047 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME (INCLUDING THE IN-GAME CURRENCY AND CONTENT) AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. Without limiting the foregoing, 1047 Games makes no warranty that the game will operate properly, will meet your requirements, will be uninterrupted, bug free, or error free in any or all circumstances, or that any defects can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. 1047 Games does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game. This Section will apply to the maximum extent permitted by applicable law.
If you are dissatisfied with the Game in any way, your sole and exclusive remedy is to discontinue using and playing the Game.
To the maximum extent permitted by applicable law, neither 1047 Games nor any of its service providers (a “1047 Games Party” or, collectively, the “1047 Games Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this EULA or the Game (including any Game Currency or Content), or the delay or inability to use or lack of functionality of the Game even in the event of a 1047 Games Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a 1047 Games Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the 1047 Games Parties arising out of or in connection with this EULA or the Game (including any Game Currency or Content) will not exceed the total amounts you have paid (if any) to 1047 Games for the Game (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails of its essential purpose.
11. Indemnity.
You agree to indemnify, pay the defense costs of, and hold the 1047 Games Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any breach by you of this EULA, (b) any act or omission by you in using the Game (including any Game Currency or Content), or (c) any claim of infringement or violation of any third-party intellectual property rights arising from 1047 Games use of Feedback. You agree to reimburse 1047 Games on demand for any defense costs incurred by 1047 Games and any payments made or loss suffered by 1047 Games whether in a court judgment or settlement, based on any matter covered by this Section 11.
12. Termination.
Without limiting any other rights of 1047 Games, this EULA will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may terminate this EULA at any time by permanently deleting all copies of the Game and related documentation in your possession, custody, or control. Upon any termination, the license granted to you herein will automatically and immediately terminate, you may no longer exercise any of the rights granted to you herein, and you must delete all copies of the Game in your possession, custody, or control.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.
13. Remedies.
You acknowledge that 1047 Games may suffer irreparable damage if you breach any of the provisions governing license restrictions or ownership. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys’ fees, 1047 Games shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
14. Seizure Warning.
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
15. Governing Law and Jurisdiction
This EULA is entered into in the State of Nevada, U.S.A., and shall be governed by, and construed in accordance with, the laws of the State of Nevada, exclusive of its choice of law rules. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to this EULA.
For any Disputes (as defined below) deemed not subject to binding individual arbitration, as provided in the section immediately below, you and 1047 Games agree to submit to the exclusive jurisdiction of the state and federal courts located in the Carson City, Nevada, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. You and 1047 Games agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this EULA. This Section will be interpreted as broadly as applicable law permits.
16. Binding Individual Arbitration; Class Action Waiver
YOU AND 1047 GAMES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
16.1 Informal Resolution.
If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to info@1047games.com so that we may attempt to resolve the dispute informally with you within sixty (60) days from the date your complaint is received.
16.2 Arbitration.
Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and 1047 Games, its employees, officers, directors, agents and third party service providers in connection with the Game or Game Server or arising from or relating in any way to your use of the Game, the Game Server, this EULA, or the interpretation, breach, termination, or validity thereof (a “Dispute”), if unresolved through the informal process outlined above, will be resolved by binding arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures then in effect in arbitrating any Dispute, as modified by this EULA. The JAMS rules are available at http://www.jamsadr.com.
Notwithstanding the foregoing, arbitration is not required for (a) individual actions in small-claims court; (b) pursuit of enforcement actions through a government agency if the law allows; (c) an action to compel or uphold any prior arbitration decision; (d) 1047 Games’ right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (e) the enforceability of the Class Action Waiver clause above.
You and 1047 Games agree that whether a Dispute is subject to arbitration under this EULA will be determined by the arbitrator rather than a court.
The arbitration hearing will be held in Carson City, Nevada. If you are an individual consumer using the Game for personal, non-commercial use (an “Individual Consumer”), and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in the Governing Law and Jurisdiction section The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow Nevada law, exclusive of conflict or choice of law rules, in adjudicating the dispute.
The parties acknowledge that this EULA evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to this EULA will be governed by the Federal Arbitration Act.
You agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by you and 1047 Games.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this EULA, including, but not limited to, any claim that all or any part of this EULA is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and binding on 1047 Games and you and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, 1047 Games will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the filing fee required for you to initiate a claim.
If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by this EULA to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys’ fees incurred in successfully compelling arbitration.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Carson City, Nevada. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
If a Dispute must be arbitrated, you or 1047 Games must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. 1047 Games encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.
16.3 Class Action Waiver.
YOU AND 1047 GAMES AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS EULA OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You further agree that will not participate in any class action (existing or future) brought by any third party arising under this EULA or in any way in connection with the Game. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Carson City, Nevada.
16.4 Severability.
If all or any provision of this EULA is found invalid, unenforceable, or illegal, then you and 1047 Games agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and 1047 Games agree that it will not be severable; this entire Section 16 will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this EULA. Under no circumstances shall arbitration be conducted on a class basis without 1047 Games’ express consent.
16.5 Your 30-Day Right to Opt Out.
You have the right to opt out of and not be bound by the arbitration and class action waiver provisions set forth in this EULA. To exercise this right, you must send written notice of your decision to the following address: 1047 Games, LLC, P.O. Box 10578, Zephyr Cove, NV 89448. Your notice must include your name, mailing address, and Steam account name you use while playing the Game, and state that you do not wish to resolve disputes with 1047 Games through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first accepted this EULA or installed the Game unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this Section. You are responsible for ensuring that 1047 Games receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, 1047 Games will not be bound by them with respect to Disputes with you.
17. Miscellaneous.
The terms set forth in this EULA, including the provisions set forth in the Disclaimer of Warranties, Limitation of Liability and Indemnification Sections of this EULA are fundamental elements of the basis of the agreement between 1047 Games and you with respect to the Game. 1047 Games would not be able to provide the Game on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of 1047 Games’ licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of 1047 Games. You may not assign this EULA or any of your rights hereunder, in whole or in part, without 1047 Games’ prior written consent and any attempted assignment in violation of this provision shall be null and void. 1047 Games may assign this EULA or any of its rights or obligations hereunder without your consent at any time. No waiver of any default, condition or breach of this EULA shall constitute a waiver of any other default, condition or breach of this EULA, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the EULA, but such severance shall have no effect on the enforceability of the remaining provisions of the EULA. You agree that you will comply with all applicable laws in connection with the Game and this EULA, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This EULA represents the entire agreement between you and 1047 Games with respect to the Software and supersedes all prior agreements between you and 1047 Games pertaining to the Software.
16. Customer Support.
If you have any questions or issues with the Game, please contact 1047 Games customer support at info@1047games.com.
End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (“you” or “your”) and 1047 Games, LLC, a Nevada limited liability company (“1047 Games” “us” or “we” or “our”) for the Splitgate: Arena Warfare game software and any Updates thereto provided by 1047 Games (the “Software”) for use with the online component of Splitgate: Arena Warfare (a “Game Server”). The Software, Game Server, and all content therein, including any virtual items made available for use or purchase (“Content”) are collectively referred to herein as the “Game.”
Important Notice – Please Read Carefully:
• By accessing or playing the Game you acknowledge that you have read and agree to the terms set forth in this EULA. If you do not agree to these terms do not install or play the Game.
• If you are under the age of 18, then you must first obtain the fully informed consent of a parent or guardian before playing the Game.
• This EULA contain provisions that govern how claims between you and us are resolved (See Section 16, Binding Individual Arbitration; Class Action Waiver below). This includes an obligation to arbitrate certain claims through binding and final arbitration, with a limited right to opt-out. Unless you opt out as provided herein, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. License Grant.
Subject to the terms of this EULA, 1047 Games grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use the Software, in object code form only, on compatible devices you own or control solely for purposes of playing the Game for your personal, noncommercial entertainment.
No license or other rights are created hereunder by implication, estoppel, or otherwise. The license granted herein confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including, without limitation, any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by 1047 Games or its licensors. 1047 Games reserves all rights not expressly granted to you in this EULA.
2. License Restrictions.
You shall not, directly or indirectly, do any of the following with respect to the Game or any of its components:
a. Sell, license or transfer the Game, or any reproductions or modifications thereof, to any person or entity;
b. Modify the Game or any portion thereof;
c. Copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
d. Remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
e. Develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. Exploit the Game, or any portion thereof, for any commercial purpose, including, without limitation;
g. Connect to a Game Server except by using the Game through the Steam digital distribution platform developed by Valve Corporation for purchasing and playing video games (“Steam”);
h. Use the Game to connect to any server or service other than a Game Server through the Steam service;
i. Infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or
j. Behave in a manner which is detrimental to the enjoyment of the Game by other users as intended by 1047 Games, in our sole judgment, including, but not limited to, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by 1047 Games or which interfere with the outcome and/or the course of the Game (including Cheats, bots, scripts, or mods).
You agree that the violation of any of the foregoing license restrictions will constitute a breach of this EULA and an infringement of 1047 Games’ copyrights.
3. Ownership.
You agree that, between you and 1047 Games, 1047 Games owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, all content therein, and all intellectual property rights therein and thereto. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this EULA with the right to enforce their rights against you if you violate this EULA.
4. Term.
This EULA is effective until terminated as provided herein, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license restrictions, disclaimer of warranties, limitation of liability, indemnification, and ownership.
5. Changes to the EULA and Game.
1047 Games may update this EULA at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving notice that the EULA has been updated. 1047 Games may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game, including but not limited to (where applicable) any in-game rewards, trophies, achievements, character levels, Game Currency, or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Game may cease to be available to you at any time without notice from 1047 Games. 1047 Games does not have any maintenance or support obligations with respect to the Game.
6. Patches and Updates.
1047 Games may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time. You agree that 1047 Games may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for 1047 Game to install and apply such Updates.
7. Game Currency and Content.
1047 Games offers you the ability to acquire licenses to in-game currency (“Game Currency”) or Content, such as by: (a) purchasing a limited license to use Game Currency for a fee (“Purchased Game Currency”), (b) earning a limited license to use Game Currency by performing or accomplishing specific tasks in the Game, or (c) purchasing for a fee, exchanging Game Currency for, or earning a limited license to use Content. Also, 1047 Games may facilitate the exchange of certain Content through the Game, in some cases for a fee. You may only use such Game Currency or Content if you pay the associated fee (if any). When you earn or pay the fee to obtain such Game Currency or Content, you are obtaining from 1047 Games the right to have your License include such Game Currency or Content. Both Game Currency and Content are licensed, not sold, to you under the License.
Neither Game Currency nor Content are redeemable for money or other value from 1047 Games or any other person, except as otherwise required by applicable law. Game Currency and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. You agree that 1047 Games may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and Content at any time, except as prohibited by applicable law.
All purchases of Purchased Game Currency and Content are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. 1047 Games, in its sole discretion, may (i) impose limits on the amount of Game Currency or Content that may be purchased, earned, accumulated, redeemed or otherwise used; and (ii) manage, modify, substitute, replace, suspend, cancel or eliminate Game Currency or Content, including your ability to access or use Game Currency or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Content except within the Software and as expressly permitted by 1047 Games.
8. Consent to Monitor; Cheat Detection.
When the Game is running, 1047 Games may monitor your use. You hereby grant 1047 Games permission to monitor the personal computer or device on which you play the Game for purposes of identifying potential violations of this EULA. 1047 Games, however, is under no obligation to monitor your use.
1047 Games uses anti-cheat technologies designed to detect programs, methods, or other processes that may give players an unfair competitive advantage in the Game. When you connect online to a Game Server, these technologies will activate and monitor your Game play, the files on your computer associated the Game or that otherwise access our servers, and your computer’s memory, purely for the purposes of detecting and preventing cheating. If cheating is detected, we may collect relevant information necessary for our investigation and enforcement purposes. We also may suspend or terminate your license to use the Game and exercise any and all rights under this EULA if we determine you have been cheating.
9. Feedback.
You acknowledge and agree that any ideas, feedback, or suggestions that you provide regarding the Game (“Feedback”) are submitted by you on a voluntary, non-confidential, gratuitous, and non-committal basis. We have no obligation to treat any Feedback as confidential or proprietary, pay compensation for any Feedback, or to respond to any Feedback, and we have the right to use or disregard, in whole or in part, any Feedback. We will not be liable for the use of any Feedback nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Feedback you submit. If you submit Feedback to us, we will have the right to use, exploit and do with the Feedback as we determine, without notice or compensation to you or consent from you, as if the Feedback was original and proprietary to us.
10. Disclaimers and Limitation of Liability.
THE GAME IS PROVIDED “AS IS.” 1047 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME (INCLUDING THE IN-GAME CURRENCY AND CONTENT) AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. Without limiting the foregoing, 1047 Games makes no warranty that the game will operate properly, will meet your requirements, will be uninterrupted, bug free, or error free in any or all circumstances, or that any defects can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. 1047 Games does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game. This Section will apply to the maximum extent permitted by applicable law.
If you are dissatisfied with the Game in any way, your sole and exclusive remedy is to discontinue using and playing the Game.
To the maximum extent permitted by applicable law, neither 1047 Games nor any of its service providers (a “1047 Games Party” or, collectively, the “1047 Games Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this EULA or the Game (including any Game Currency or Content), or the delay or inability to use or lack of functionality of the Game even in the event of a 1047 Games Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a 1047 Games Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the 1047 Games Parties arising out of or in connection with this EULA or the Game (including any Game Currency or Content) will not exceed the total amounts you have paid (if any) to 1047 Games for the Game (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails of its essential purpose.
11. Indemnity.
You agree to indemnify, pay the defense costs of, and hold the 1047 Games Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any breach by you of this EULA, (b) any act or omission by you in using the Game (including any Game Currency or Content), or (c) any claim of infringement or violation of any third-party intellectual property rights arising from 1047 Games use of Feedback. You agree to reimburse 1047 Games on demand for any defense costs incurred by 1047 Games and any payments made or loss suffered by 1047 Games whether in a court judgment or settlement, based on any matter covered by this Section 11.
12. Termination.
Without limiting any other rights of 1047 Games, this EULA will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may terminate this EULA at any time by permanently deleting all copies of the Game and related documentation in your possession, custody, or control. Upon any termination, the license granted to you herein will automatically and immediately terminate, you may no longer exercise any of the rights granted to you herein, and you must delete all copies of the Game in your possession, custody, or control.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.
13. Remedies.
You acknowledge that 1047 Games may suffer irreparable damage if you breach any of the provisions governing license restrictions or ownership. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys’ fees, 1047 Games shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
14. Seizure Warning.
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
15. Governing Law and Jurisdiction
This EULA is entered into in the State of Nevada, U.S.A., and shall be governed by, and construed in accordance with, the laws of the State of Nevada, exclusive of its choice of law rules. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to this EULA.
For any Disputes (as defined below) deemed not subject to binding individual arbitration, as provided in the section immediately below, you and 1047 Games agree to submit to the exclusive jurisdiction of the state and federal courts located in the Carson City, Nevada, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. You and 1047 Games agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this EULA. This Section will be interpreted as broadly as applicable law permits.
16. Binding Individual Arbitration; Class Action Waiver
YOU AND 1047 GAMES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
16.1 Informal Resolution.
If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to info@1047games.com so that we may attempt to resolve the dispute informally with you within sixty (60) days from the date your complaint is received.
16.2 Arbitration.
Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and 1047 Games, its employees, officers, directors, agents and third party service providers in connection with the Game or Game Server or arising from or relating in any way to your use of the Game, the Game Server, this EULA, or the interpretation, breach, termination, or validity thereof (a “Dispute”), if unresolved through the informal process outlined above, will be resolved by binding arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures then in effect in arbitrating any Dispute, as modified by this EULA. The JAMS rules are available at http://www.jamsadr.com.
Notwithstanding the foregoing, arbitration is not required for (a) individual actions in small-claims court; (b) pursuit of enforcement actions through a government agency if the law allows; (c) an action to compel or uphold any prior arbitration decision; (d) 1047 Games’ right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (e) the enforceability of the Class Action Waiver clause above.
You and 1047 Games agree that whether a Dispute is subject to arbitration under this EULA will be determined by the arbitrator rather than a court.
The arbitration hearing will be held in Carson City, Nevada. If you are an individual consumer using the Game for personal, non-commercial use (an “Individual Consumer”), and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in the Governing Law and Jurisdiction section The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow Nevada law, exclusive of conflict or choice of law rules, in adjudicating the dispute.
The parties acknowledge that this EULA evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to this EULA will be governed by the Federal Arbitration Act.
You agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by you and 1047 Games.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this EULA, including, but not limited to, any claim that all or any part of this EULA is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and binding on 1047 Games and you and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, 1047 Games will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the filing fee required for you to initiate a claim.
If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by this EULA to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys’ fees incurred in successfully compelling arbitration.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Carson City, Nevada. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
If a Dispute must be arbitrated, you or 1047 Games must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. 1047 Games encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.
16.3 Class Action Waiver.
YOU AND 1047 GAMES AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS EULA OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You further agree that will not participate in any class action (existing or future) brought by any third party arising under this EULA or in any way in connection with the Game. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Carson City, Nevada.
16.4 Severability.
If all or any provision of this EULA is found invalid, unenforceable, or illegal, then you and 1047 Games agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and 1047 Games agree that it will not be severable; this entire Section 16 will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this EULA. Under no circumstances shall arbitration be conducted on a class basis without 1047 Games’ express consent.
16.5 Your 30-Day Right to Opt Out.
You have the right to opt out of and not be bound by the arbitration and class action waiver provisions set forth in this EULA. To exercise this right, you must send written notice of your decision to the following address: 1047 Games, LLC, P.O. Box 10578, Zephyr Cove, NV 89448. Your notice must include your name, mailing address, and Steam account name you use while playing the Game, and state that you do not wish to resolve disputes with 1047 Games through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first accepted this EULA or installed the Game unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this Section. You are responsible for ensuring that 1047 Games receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, 1047 Games will not be bound by them with respect to Disputes with you.
17. Miscellaneous.
The terms set forth in this EULA, including the provisions set forth in the Disclaimer of Warranties, Limitation of Liability and Indemnification Sections of this EULA are fundamental elements of the basis of the agreement between 1047 Games and you with respect to the Game. 1047 Games would not be able to provide the Game on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of 1047 Games’ licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of 1047 Games. You may not assign this EULA or any of your rights hereunder, in whole or in part, without 1047 Games’ prior written consent and any attempted assignment in violation of this provision shall be null and void. 1047 Games may assign this EULA or any of its rights or obligations hereunder without your consent at any time. No waiver of any default, condition or breach of this EULA shall constitute a waiver of any other default, condition or breach of this EULA, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the EULA, but such severance shall have no effect on the enforceability of the remaining provisions of the EULA. You agree that you will comply with all applicable laws in connection with the Game and this EULA, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This EULA represents the entire agreement between you and 1047 Games with respect to the Software and supersedes all prior agreements between you and 1047 Games pertaining to the Software.
16. Customer Support.
If you have any questions or issues with the Game, please contact 1047 Games customer support at info@1047games.com.