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REMEDY END-USER LICENSE AGREEMENT FOR FBC: FIREBREAK
Effective Date: [INSERT DATE WHEN THE GAME IS RELEASED].
This is the End-User License Agreement (the "Agreement") for FBC: Firebreak, developed and published by Remedy Entertainment Plc. It explains your rights and responsibilities when using the game. If you do not agree to these terms, you cannot download, play, or use the game.
USERS IN THE UNITED STATES IN PARTICULAR, PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 7 "BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER" WHICH MEANS YOU AND REMEDY AGREE TO RESOLVE DISPUTES IN A BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS AND INSTRUCTIONS ON THIS OPT OUT ARE IN SECTION 7.
To help you understand this Agreement, we have summarized some key points below. However, this summary is for convenience only. The full terms of the Agreement are legally binding.
SUMMARY
TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
1. About Us, the Software and This Agreement.
SUMMARY: We are Remedy Entertainment Plc, the developer and publisher of FBC: Firebreak. We can change these rules and our Privacy Policy as set out below.
1.1. Who We Are and Our Software. This Agreement is a legal agreement between you (referred to as "you" or "your") and Remedy Entertainment Plc ("Company", "we", "our", "us," or "Remedy"), covering your use of FBC: Firebreak (including without limitation any patches, updates and upgrades to the application, and all related features, content, and documentation provided with or for the foregoing) and made available for download or use (collectively, the "Software").
1.2. Software Contents. The Software contains: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all information, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, titles, themes, objects, characters, names, dialogue, locations, stories, animation, concepts, music, audio-visual effects, pictures, videos, copy, URLs, technology, software, interactive features, online and multiplayer functionality, the "look and feel" of the Software, and the compilation, assembly, and arrangement of the materials of the Software and any and all copyrightable material; (ii) trademarks, logos, trade names and trade identities of various parties, including those of Remedy; and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). The Software also contains certain virtual items, such as cosmetics, skins, sprays and voice packs, that you may purchase separately or as part of Software bundle ("Virtual Items"). The Software and Content terms include all such Virtual Items.
1.3. Changes to this Agreement and our Privacy Policy. In addition to this Agreement, your use of the Software is subject to our Privacy Policy available at www.remedygames.com/privacy-policy, which explains what information we collect and how we process it. We may issue an amended Agreement or Privacy Policy at any time at our discretion by posting them on our website or by providing you with digital access to these versions when you next access the Software. If any amendment to this Agreement or Privacy Policy is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement as well as your acknowledgement that you have read the amended Privacy Policy.
1.4. Third Party Services. We may also provide access (paid or unpaid) to content, software, products, platforms, and services operated by companies or entities other than us ("Third Party Services"). If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk, and you understand that by using our Software you are directing the applicable company or entity to make Third Party Services available to you. You are responsible for your dealings with third parties. When you use the Software to access Third Party Services, the applicable terms of this Agreement and any applicable usage terms associated with the Third Party Services will govern your use of that Third Party Service. We do not endorse any Third Party Services made available or marketed on or through the Software. We do not license any intellectual property to you as part of any Third Party Services, and we are not responsible or liable to you or others for information or services provided by any Third Party Services or for the results obtained from using them.
2. License Grant, Conditions and Ownership.
SUMMARY: We grant you a personal right to use our Software, but we continue to own it. Your right to use our Software is:
2.1. License Grant. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, and non-transferable license to install and use the Software for your personal, non-commercial use only. If documentation is provided with the Software, you may copy and use the documentation for personal reference purposes. The rights that we grant you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
2.2. License Conditions. The limited license granted in this Agreement does not give you any right to and you may not: (i) use the Software or Content for any political, commercial or promotional purpose; (ii) publish, copy, rent, lease, license, sell, export, import, distribute (including via a network server), display or lend the Software or Content unless we expressly authorize you to do so; (iii) harvest any information from the Software or Content; (iv) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer, derive source code from, modify, adapt or translate the Software or Content or make derivative works based on them; (v) interfere with the proper operation of or any security measure and/or circumvent or bypass any technological protection measures used by the Software or Content; (vi) infringe any intellectual property or other right of any third party or to remove, disable, circumvent, or modify any proprietary notice or label; (vii) use the Software or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate this Agreement or any applicable third-party terms. You agree to comply with all laws, statutes, regulations, treaties, directives, and agreements that apply to your use of the Software and Content. Breach of this Section will result in your access to the Software being revoked, either temporarily or permanently.
2.3. Ownership. All right, title, and interest in and to the Software and the Content is the property of Remedy or our licensors and is protected by Finnish and international copyright, trademark, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent permitted by applicable law. The Software may also include third-party code: Any third-party scripts or code, linked to or referenced from the Software, are licensed to you by the third parties that own such code, not by us. Your unauthorized use of the Software and/or Content may violate copyright, trademark, privacy and other laws, and any such use may result in your personal liability, including potential criminal liability. The Software is licensed to you, not sold, and we reserve all rights to the Software and Content not expressly granted by us.
3. Updates, Availability and Right to Terminate.
SUMMARY: We may update the game from time to time, and you'll need to install these updates to keep playing. The game or its online features may sometimes be unavailable, and we're not responsible for any disruptions. We may change or remove parts of the game for technical, balancing, or business reasons. If we permanently stop offering the game, we'll try to give you at least 60 days' notice.
3.1. Updates. We may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue using the Software, and you hereby consent to us applying such patches, updates, and upgrades. You acknowledge that any character data, game progress, game customization or other data related to your use of the Software may cease to be available to you at any time without notice from us after a patch, update, or upgrade is applied by us.
3.2. Availability, Disruptions and Outages. The Software and Content may be unavailable from time to time or may vary depending on your region or device. If you change locations, you may need to re-acquire the Software or Content that was available to you and paid for in your previous region, if applicable. Online features and services may be modified, suspended, or discontinued, and we do not guarantee uninterrupted access to any online functionality. The Remedy Parties (defined below) are not liable for any disruption or loss you may suffer as a result of any disruptions and outages in the availability of the Software. We do not have any maintenance or support obligations with respect to the Software or Content.
3.3. Our Right to Modify or Discontinue the Software of Content. We may modify, update, substitute, replace, limit, or discontinue any aspect of the Software or Content at any time for development, technical, design, balancing, business, or operational reasons. This includes, but is not limited to, changes to game features, mechanics, in-game items, progression systems, and online or multiplayer functionality. These changes may be made to improve gameplay, address bugs or exploits, ensure fair play, comply with legal requirements, or reflect business decisions. If we decide to permanently discontinue the Software and/or Content (such as sunsetting the game), we will make reasonable efforts to provide you with at least sixty (60) days' notice, although this may not always be possible. Upon such discontinuation, all rights granted to you under this Agreement will cease, and you agree to immediately stop using the Software and Content.
3.4. Internet Connection. The Software requires an internet connection, which you must provide at your expense. Using the Software operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, software, and peripherals) for internet-based or wireless services. If other terms are presented in connection with your use of services accessed, those other terms also apply and you agree to such additional terms by using such services. You are solely responsible for the maintenance and reliability of your internet connection at your own cost.
3.5. Minimum Technical Requirements. The Software will have minimum technical requirements. You acknowledge and agree that it is your responsibility to ensure you meet these requirements before downloading or using the Software.
4. Fair Play, Code of Conduct and Enforcement
SUMMARY: We want all players to have a fair and respectful experience. Cheating is strictly prohibited. Harassment, hate speech, and disruptive behavior are not allowed. If you break these rules, we may suspend or permanently ban your access.
4.1. No Cheating. You must not engage in any activity that gives you or others an unfair advantage. Prohibited activities include, but are not limited to: (i) using, creating, or promoting cheats, hacks, bots, trainers, or any unauthorized third-party software that modifies or interferes with the Software, (ii) intentionally using game bugs, glitches, or unintended mechanics to gain an unfair advantage, and (iii) using macros, bots, or automated scripts to perform actions in the game.
4.2. Anti-Cheat Technology. We may use anti-cheat technologies that operate in real-time while the Software is running. These technologies may scan your device's memory and processes, analyze gameplay data, and monitor network traffic. By using the Software, you consent to the operation of these anti-cheat measures.
4.3. Code of Conduct. You must refrain from behavior that disrupts the experience of others. Prohibited conduct includes, but is not limited to: (i) threatening, stalking, bullying or otherwise harassing other players, (ii) using language, symbols, or actions that promote hate, discrimination, or violence based on race, ethnicity, nationality, gender, sexual orientation, religion, disability, or any other characteristic (iii) intentionally ruining the experience of other players, such as sabotaging objectives or engaging in trolling, (iv) sharing content that is sexually explicit, excessively violent, or otherwise offensive (v) engaging in conduct that otherwise breaches or violates the terms of this Agreement or its sprit.
4.4. Enforcement and Consequences. We reserve the right to determine, in our sole discretion, what conduct violates the terms of this Agreement or its spirit, and take action against violations. Depending on the severity of the violation, we may: (i) issue warnings for minor infractions, (ii) temporarily suspend access to the Software, (iii) permanently ban users from using the Software or (iv) pursue legal action against individuals or entities. We are not obligated to provide refunds or compensation if your access is restricted due to a violation of this Agreement.
5. Virtual Items
SUMMARY: Virtual items, like skins, are licensed, not owned, and have no real-world value. They cannot be sold, traded, or exchanged for real money. We may modify or remove virtual items at any time, and if your account is suspended or banned, you may lose access to them without compensation.
5.1. License Grant. The Software includes Virtual Items, such as cosmetics, skins, sprays and voice packs, that you may purchase separately or as part of Software bundle. Virtual Items are licensed, not sold, and they have no real-world monetary value. Virtual Items are subject to the same license grant, conditions and other restrictions in this Agreement as the Software and Content.
5.2. Additional Restrictions. Virtual Items: (i) cannot be exchanged for real money, goods, or services outside of the Software, (ii) cannot be transferred, sold, or traded between users and (iii) do not represent any personal property rights and remain our sole property. All purchases of Virtual Items are final and non-refundable, except where required by applicable law.
5.3. Changes to Virtual Items. We reserve the right, in our sole discretion, without notice and at any time to: (i) modify, adjust, substitute, replace, suspend or remove Virtual Items, (ii) adjust the availability, pricing, or functionality of Virtual Items and (iii) discontinue Virtual Items. To the fullest extent under applicable law, Remedy shall have no liability to you in the event that we exercise any such rights.
5.4. Access Suspension and Loss of Virtual Items. If your access to the Software is suspended or terminated due to a breach of this Agreement, you may lose access to any Virtual Items you have purchased, without compensation. We are also not liable for any loss of Virtual Items due to technical issues, cheating bans, or other enforcement actions.
6. Governing Law, Jurisdiction and Disputes
SUMMARY: For users in the EU, UK and elsewhere in the World (but not the US), this Agreement is governed by Finnish law and any disputes will be resolved in the district court of Espoo. We agree that we will try and resolve any dispute informally first. For users in the US, this Agreement is governed by the laws of the State of New York.
6.1. FOR USERS RESIDENT IN THE EUROPEAN UNION, UNITED KINGDOM AND ELSEWHERE IN THE WORLD (BUT NOT THE UNITED STATES): You and we agree that your use the Software and this Agreement, any issues arising out of them, will be governed by and interpreted according to the laws of Finland and any dispute regarding it will be under the jurisdiction of the district court of Espoo, Finland as the first instance. This does not exclude any mandatorily applicable rules or remedies which are available to you under the law of your country of residence (if not in Finland), including where you have the right to bring claims in your home country. If you have any concerns or issues, you can contact us at customer.support@remedygames.com where we hope we can resolve any complaints with you informally. We and you both agree to make reasonable and good faith efforts to resolve any disputes between us informally.
6.2. FOR USERS RESIDENT IN THE UNITED STATES: This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York without regard to any state's choice or conflict of law rules. For any claims not subject to binding individual arbitration, you and we agree to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York, and you and we hereby consent to venue in and personal jurisdiction before such courts (but without prejudicing either party's rights to remove a case to federal court if permissible). This Section will be interpreted as broadly as applicable law permits. We have the right to prosecute civil claims against you for any violation of this Agreement, or any other governing terms and conditions related to the Software, whether for breach of contract, violation of common law rights, or violation of any applicable state or federal statute.
7. Binding Individual Arbitration and Class Action Waiver (users in United States)
SUMMARY: For users in the US, disputes are resolved through binding individual arbitration, not in court, except for small claims and specific exceptions. Informal dispute resolution (as defined below) is required before arbitration. You can opt out of arbitration within 30 days.
USERS RESIDENT IN THE US, PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
Most issues can be resolved quickly and amicably by contacting Remedy's player support at customer.support@remedygames.com. But we understand that sometimes disputes cannot be easily resolved by player support. This Section explains how you and Remedy will resolve those disputes, claims or controversies including (where applicable) by binding, individual arbitration.
This Section 7 will be interpreted as broadly as applicable law permits.
7.1. Disputes that Must Be Arbitrated. The informal resolution and binding individual arbitration requirements in Section 7 apply to all Disputes between you and Remedy. "Dispute" means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Remedy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party seeks legal recourse for and that relates to your use or attempted use of the Software, or that relates to this Agreement, including but not limited to the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) a complaint or remedy under the EU General Data Protection Regulation; (iv) an action to compel or uphold any prior arbitration decision; and (v) your or Remedy's right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds. If you are a party to other agreements with Remedy besides this one, and another agreement does not require arbitration of disputes, an arbitrator will decide which disputes between you and Remedy are subject to arbitration and which (if any) may be heard in court.
This Section 7 only applies to Disputes and does not prevent either party from taking unilateral actions they are entitled to take under this Agreement. This means, for example, that Remedy may enforce this Agreement through actions like suspending and terminating your access to the Software or Content at any time, in its sole discretion, without following this dispute resolution process. This freedom to unilaterally act in accordance with the terms of this Agreement is important so that you do not have to keep using the Software or Content if you do not want to and so that Remedy can ensure a positive and fair experience for users of our products by doing things like taking immediate action against players engaged in cheating, pirating, or violating others' rights in their intellectual property. If you or Remedy believe that the other has made a mistake about what actions this Agreement allow them to take (e.g., you disagree with Remedy suspending or terminating your access to the Software or Content for cheating, pirating, or infringing intellectual property), that disagreement is a Dispute that must be resolved using the process set forth in this Section 7.
7.2. Informal Resolution. If you have a Dispute against Remedy or if Remedy has a Dispute against you, you and Remedy will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Remedy will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days ("Informal Resolution") from the day you receive or Remedy receives a written notice of a dispute from the other party (a "Notice of Dispute") in accordance with this Agreement's terms.
You will send any Notice of Dispute to Remedy Entertainment Plc, Legal Department, ATTN: NOTICE OF DISPUTE, Luomanportti 3, FI-02200 Espoo, Finland. Remedy will send any Notice of Dispute to the e-mail or other contact information you have provided Remedy or that we have otherwise obtained. The Notice of Dispute sent by either party must include the sender's name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Informal Resolution requirement is designed to allow Remedy (or you, in the case of a Dispute Remedy asserts against you) to make a fair, fact-based offer of settlement if it chooses to do so. You or Remedy cannot proceed to arbitration before the end of the Informal Resolution period. If you or Remedy proceed to arbitration without providing a compliant Notice of Dispute and waiting until the conclusion of the Informal Resolution period, a court may enjoin the filing and order the party that has not followed the Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred. The compliance of a Notice of Dispute with the terms of this Agreement, including whether a Notice of Dispute contained all required information, is an issue to be decided by a court.
7.3. Small Claims Court. You and Remedy agree that disputes that qualify for small-claims court in either the county where you live or New York County, New York, may be brought as individual actions only in such small-claims courts.
7.4. Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Remedy consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and Remedy agree that Disputes will be settled by binding individual arbitration conducted by JAMS ("JAMS"), https://www.jamsadr.com/, according to the U.S. Federal Arbitration Act ("FAA") and federal arbitration law and according to JAMS' Comprehensive Arbitration Rules and Procedures in effect at the time the Dispute arises (the "Rules"), as modified by this Agreement, unless JAMS is not available to arbitrate the Dispute, in which case the arbitration will be conducted by the American Arbitration Association ("AAA"), https://www.adr.org.
For Disputes that must be arbitrated by AAA, you are a "Consumer," and the then-current version of the AAA's Consumer Arbitration Rules are the Rules applicable to Disputes between you and Remedy as modified by this Agreement. This Agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
"Arbitration" means that Disputes you have with Remedy and Disputes Remedy has with you will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
"Individual" means that the arbitrator may award the same remedies to you or Remedy as a court could, but only to satisfy your or Remedy's individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or Remedy as part of the resolution of any Dispute.
"Binding" means that both you and Remedy will have to live with the arbitrator's decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, this Agreement, and the Rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
Arbitration Procedure and Location
You or Remedy may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the Rules (or with AAA in accordance with the Rules if JAMS is not available to arbitrate the Dispute).
(Instructions for filing a Demand for Arbitration with JAMS are available on the JAMS website, and instructions for filing a Demand for Arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879.) You will send a copy of any Demand for Arbitration to Remedy Entertainment Plc, Legal Department, ATTN: ARBITRATION OF DISPUTE, Luomanportti 3, FI-02200 Espoo, Finland. Remedy will send any Demand for Arbitration to the e-mail address or other contact information you have provided to Remedy or that we have otherwise obtained.
The arbitration will be conducted by a single arbitrator. You and Remedy both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.
For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, the hearing will take place in New York County, New York, unless the arbitrator determines that this would pose a hardship for the claimant or that the claimant's access to the arbitration would be precluded by such location, in which case the in-person hearing may be conducted in the claimant's state.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Remedy agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Remedy to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, applies only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Consumer Arbitration Fees
If you start an arbitration against Remedy, you will pay the filing fee required for consumer arbitrations. Remedy will pay arbitration fees and costs as required under the rules, policies and protocols of the arbitration provider, and where such rules, policies and protocols require that Remedy pay greater than half of such fees or costs or subsidize your fees and costs, you may have the right to elect to pay half of the fees and costs.
Arbitration fees and costs do not include your attorneys' fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys' fees and costs unless the applicable law provides otherwise.
Notice and Filing
To the fullest extent permitted by applicable law, you or Remedy must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or Remedy to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that you and Remedy will not have the right to assert the Dispute.
Coordinated Filings
If ten (10) or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered "Coordinated Cases" and will be treated as mass filings, a mass arbitration or multiple case filings according to the Rules, if and to the extent Coordinated Cases are filed in arbitration as set forth in this Agreement. Remedy or you may advise the other of its or your belief that cases are Coordinated Cases, and disputes over whether a case or cases meet the contractual definition of "Coordinated Cases" will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Remedy will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case may be filed in arbitration or court.
Once counsel in the Coordinated Cases has advised Remedy that all or substantially all of the Notices of Dispute have been provided, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as bellwethers, to allow each side to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider's discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Cases will be delayed by this bellwether process.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Remedy agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. Remedy and counsel for the claimants must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for Remedy and claimants cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Remedy and counsel for the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings. Such Disputes may be filed only in the state courts in New York County, New York, or if federal jurisdiction exists, in the United States District Court for the Southern District of New York, and you consent as part of this Agreement to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Remedy from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and any party may contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Continuation in Effect
The dispute resolution process set forth in this Section 7 survives any termination of this Agreement or Remedy's provision of Software to you.
Future Agreement Changes
Although Remedy may revise this Agreement in its discretion, Remedy does not have the right to alter this Agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant.
7.5. Class Action Waiver. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), you and Remedy will only bring disputes, claims, or controversies between you and Remedy in an individual capacity and shall not:
7.6. Severability. If all or any provision of this Section 7 is found invalid, unenforceable, or illegal, then you and Remedy agree that the provision will be severed, and the rest of this Agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Remedy agree that this entire Section 7 will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified in this Agreement.
7.7. Our 30-Day Right to Opt Out. You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in this Agreement. To exercise this right, you must send written notice of your decision to the following address: Remedy Entertainment Plc, Legal Department, ATTN: ARBITRATION OPT-OUT, Luomanportti 3, FI-02200 Espoo, Finland. Your notice must include your name, the username associated with the platform you used to launch the game and accept this Agreement (e.g., your Steam, PlayStation, or Xbox username), e-mail address and mailing address, the date when you accepted this Agreement, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in this Agreement. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THIS AGREEMENT 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 Remedy 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 provisions, Remedy will not be bound by them with respect to disputes with you.
8. Warranty Disclaimer.
SUMMARY: For users not in the EU or UK, we provide the Software on a limited basis, and we will not be responsible for issues related to it unless we set this out.
IMPORTANT: This Section 8 does not apply to users in the European Union or the UK.
8.1. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER REMEDY NOR ANY OF OUR OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "REMEDY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE REMEDY PARTIES DO NOT WARRANT THAT THE SOFTWARE OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, COMPATIBLE WITH ANY OTHER PRODUCT, ERROR-FREE, FREE OF BUGS OR VIRUSES, OR THAT THE SOFTWARE WILL WORK PROPERLY ON ALL DEVICES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE REMEDY PARTIES DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. REMEDY MAY, AT ITS SOLE DISCRETION, DISCONTINUE SUPPORTING THE SOFTWARE AT ANY TIME, AND REMEDY HAS NO LIABILITY FOR SUCH DISCONTINUANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
9. Limitations of Our Liability.
SUMMARY:
9.1. FOR USERS RESIDENT IN THE EUROPEAN UNION OR UNITED KINGDOM:
9.1.1. Where we do not exclude or limit our liability. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors), fraud, breach of your legal rights as a consumer, or for any other liability which may not be excluded by applicable law.
9.1.2. Foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
9.1.3. Damage to your device or other digital content. If the Software damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
9.1.4. Personal losses. We only supply the Software for domestic and private use. If you use the Software for any commercial, business or re-sale purposes, we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
9.2. Subject to Section 9.1 above, our total liability arising out of or in connection with this Agreement will not exceed the total amount you have paid to us under this Agreement during the twelve (12) months immediately prior to the event which caused the liability, except as otherwise required by applicable law.
9.3. FOR USERS RESIDENT IN THE UNITED STATES OR REST OF WORLD (NOT THE EUROPEAN UNION OR UNITED KINGDOM): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REMEDY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, REVENUE, COST OF REPLACEMENT GOODS OR SERRVICES OR DATA, USE, BUSINESS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, INCLUDING VIRTUAL ITEMS, OR FOR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SOFTWARE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE, WHETHER OR NOT REMEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
In the event you have any basis for recovering damages arising from the Software (including Virtual Items) or a breach of this Agreement, you agree that your exclusive remedy is to recover from the Remedy Parties direct damages and the maximum liability is limited up to an amount equal to USD 200.
10. Your Responsibilities to Us.
SUMMARY: You agree to compensate us for any losses or damages due to your breaches of this Agreement.
10.1. FOR USERS RESIDENT IN THE EUROPEAN UNION OR UNITED KINGDOM: You will be responsible for compensating us for any losses, expenses or other costs which we incur as a result of you breaching the terms of this Agreement.
10.2. FOR USERS RESIDENT IN THE UNITED STATES OR REST OF THE WORLD (NOT THE EUROPEAN UNION OR UNITED KINGDOM): To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Remedy Parties from and against any and all claims, actions, liabilities, damages, losses, costs and expenses (including, reasonable attorneys' fees and costs) arising out of or in connection with: (i) your breach or alleged breach of this Agreement; (ii) any information or content provided by you; and/or (iii) your acts or omissions by you in using the Software or Content (including any Virtual Items). The Remedy Parties reserve the right to assume, at their own expense, the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of any claim. You are solely responsible for any third party costs you incur to use the Software, and you bear all risk of loss for accessing or downloading the Software.
11. Termination.
SUMMARY: This Agreement will terminate automatically if you fail to comply with any of its terms and conditions. You can terminate this Agreement by stopping using the Software.
11.1. Termination and its Effects. Without limiting any of our other rights, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by destroying all copies of the Software in your possession and/or deleting the Software from all devices on which you have installed it. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession. Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has terminated.
12. Miscellaneous.
12.1. General. This Agreement is the entire agreement between you and us for your use of the Software, and it supersedes any prior agreements between you and us regarding your use of the Software. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall not be affected. Section 7 prevails over this section in the event of any inconsistency with it. Sections 1, 2.2, 2.3, 3.2, 3.3, 3.4, 3.5, 4, 5, 6, 7, 8, 9, 10, 11, 12 and those that by their nature apply after this Agreement ends will survive any termination or cancellation of this Agreement. Any act by us to exercise, or failure or delay in exercise of, any of its rights under this Agreement, will not be deemed a waiver of those or any other rights or remedies available in contract, or at law.
12.2. No Assignment. This Agreement is personal to you, which means that you may not assign, charge or subcontract your rights or obligations under this Agreement or transfer any rights to use the Software without our prior written consent. Any attempt without that consent will be null and void. We may at any time assign, transfer, charge, or subcontract all or any of our rights or obligations under this Agreement.
12.3. Investigations and Disclosures. We reserve the right to investigate and prosecute any suspected breaches of this Agreement or use of the Software. We may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
12.4. Export Laws. You must comply with all domestic and international export laws and regulations (which may be amended from time to time) that apply to the Software, which include restrictions on destinations, end users, and end use. You agree not to use, export, re-export, or download the Software into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of a U.S. restricted or prohibited country or on any OFAC sanctions list.
12.5. Feedback. If you provide us with any Feedback, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. "Feedback" means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your employees, agents, contractors, or representatives) to us or our agents that relates to the Software or Content. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any such rights. You understand and agree that we are not required to make any use of any Feedback that you provide. You agree that if we make use of your Feedback, we are not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to us to grant us and other affected parties the rights described above. This includes but is not limited to intellectual-property rights and other proprietary or personal rights.
12.6. Language. The original of this Agreement is in English. Any translations are provided for reference purposes only.
12.7. Statutory Rights. Nothing in this Agreement shall infringe upon the statutory rights that you may have as a consumer.
12.8. Contact Us. If you have any questions or concerns about the Software or this Agreement, please contact us at customer.support@remedygames.com.
Effective Date: [INSERT DATE WHEN THE GAME IS RELEASED].
This is the End-User License Agreement (the "Agreement") for FBC: Firebreak, developed and published by Remedy Entertainment Plc. It explains your rights and responsibilities when using the game. If you do not agree to these terms, you cannot download, play, or use the game.
USERS IN THE UNITED STATES IN PARTICULAR, PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 7 "BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER" WHICH MEANS YOU AND REMEDY AGREE TO RESOLVE DISPUTES IN A BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS AND INSTRUCTIONS ON THIS OPT OUT ARE IN SECTION 7.
To help you understand this Agreement, we have summarized some key points below. However, this summary is for convenience only. The full terms of the Agreement are legally binding.
SUMMARY
- This Agreement is legally binding on you when you access and play FBC: Firebreak.
- Each section of the Agreement includes a summary to highlight key provisions, but these are for reference only, and the full text of each section governs.
- We grant you a license to install and use the game for your personal, non-commercial use. The game is licensed, not sold, i.e., we continue to own it. If you violate these terms, we may revoke your access to the game (see Section 2).
- We may update the game from time to time, and you'll need to install these updates to keep playing. The game or its online features may sometimes be unavailable, and we're not responsible for any disruptions. We may change or remove parts of the game for technical, balancing, or business reasons. If we permanently stop offering the game, we'll try to give you at least 60 days' notice (see Section 3).
- We want all players to have a fair and respectful experience. Cheating is strictly prohibited. Harassment, hate speech, and disruptive behavior are not allowed. If you break these rules, we may suspend or permanently ban your access (see Section 4).
- Virtual items, like skins, are licensed, not owned, and have no real-world value. They cannot be sold, traded, or exchanged for real money. We may modify or remove virtual items at any time, and if your access is suspended or banned, you may lose access to them without compensation (see Section 5).
- For users in the EU, UK and elsewhere in the World (but not the US), this Agreement is governed by Finnish law and any disputes will be resolved in the district court of Espoo. We agree that we will try and resolve any dispute informally first. For users in the US, this Agreement is governed by the laws of the State of New York. (see Section 6).
- For users in the US, disputes are resolved through binding individual arbitration, not in court, except for small claims and specific exceptions. Informal dispute resolution is required before arbitration. You can opt out of arbitration within 30 days (see Section 7).
- There are certain circumstances where we are liable to you, and others where we are not or where our liability is limited (see Section 8).
- There are certain situations where you might have to compensate us for the damage we suffer, for example, if you breach this Agreement (see Section 9).
- If you have any questions or concerns about this Agreement, please feel free to reach out to us at customer.support@remedygames.com.
TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
1. About Us, the Software and This Agreement.
SUMMARY: We are Remedy Entertainment Plc, the developer and publisher of FBC: Firebreak. We can change these rules and our Privacy Policy as set out below.
1.1. Who We Are and Our Software. This Agreement is a legal agreement between you (referred to as "you" or "your") and Remedy Entertainment Plc ("Company", "we", "our", "us," or "Remedy"), covering your use of FBC: Firebreak (including without limitation any patches, updates and upgrades to the application, and all related features, content, and documentation provided with or for the foregoing) and made available for download or use (collectively, the "Software").
1.2. Software Contents. The Software contains: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all information, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, titles, themes, objects, characters, names, dialogue, locations, stories, animation, concepts, music, audio-visual effects, pictures, videos, copy, URLs, technology, software, interactive features, online and multiplayer functionality, the "look and feel" of the Software, and the compilation, assembly, and arrangement of the materials of the Software and any and all copyrightable material; (ii) trademarks, logos, trade names and trade identities of various parties, including those of Remedy; and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). The Software also contains certain virtual items, such as cosmetics, skins, sprays and voice packs, that you may purchase separately or as part of Software bundle ("Virtual Items"). The Software and Content terms include all such Virtual Items.
1.3. Changes to this Agreement and our Privacy Policy. In addition to this Agreement, your use of the Software is subject to our Privacy Policy available at www.remedygames.com/privacy-policy, which explains what information we collect and how we process it. We may issue an amended Agreement or Privacy Policy at any time at our discretion by posting them on our website or by providing you with digital access to these versions when you next access the Software. If any amendment to this Agreement or Privacy Policy is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement as well as your acknowledgement that you have read the amended Privacy Policy.
1.4. Third Party Services. We may also provide access (paid or unpaid) to content, software, products, platforms, and services operated by companies or entities other than us ("Third Party Services"). If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk, and you understand that by using our Software you are directing the applicable company or entity to make Third Party Services available to you. You are responsible for your dealings with third parties. When you use the Software to access Third Party Services, the applicable terms of this Agreement and any applicable usage terms associated with the Third Party Services will govern your use of that Third Party Service. We do not endorse any Third Party Services made available or marketed on or through the Software. We do not license any intellectual property to you as part of any Third Party Services, and we are not responsible or liable to you or others for information or services provided by any Third Party Services or for the results obtained from using them.
2. License Grant, Conditions and Ownership.
SUMMARY: We grant you a personal right to use our Software, but we continue to own it. Your right to use our Software is:
- non-exclusive, meaning that we can grant the same or similar licenses to other people as well;
- personal, not transferable and not sub-licensable, meaning that the license is only for your benefit, and you may not grant the license to anyone else (only we may grant licenses to use the Software);
- revocable, meaning that we can terminate this license in the circumstances set out in this Agreement;
- non-commercial, meaning that you can only use the Software for your own personal entertainment purposes and not for commercial purposes; and
- limited to using the Software for the purposes we set out in this Agreement and for the duration that the Agreement is in force and conditional on you abiding by the Agreement's terms.
2.1. License Grant. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, and non-transferable license to install and use the Software for your personal, non-commercial use only. If documentation is provided with the Software, you may copy and use the documentation for personal reference purposes. The rights that we grant you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
2.2. License Conditions. The limited license granted in this Agreement does not give you any right to and you may not: (i) use the Software or Content for any political, commercial or promotional purpose; (ii) publish, copy, rent, lease, license, sell, export, import, distribute (including via a network server), display or lend the Software or Content unless we expressly authorize you to do so; (iii) harvest any information from the Software or Content; (iv) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer, derive source code from, modify, adapt or translate the Software or Content or make derivative works based on them; (v) interfere with the proper operation of or any security measure and/or circumvent or bypass any technological protection measures used by the Software or Content; (vi) infringe any intellectual property or other right of any third party or to remove, disable, circumvent, or modify any proprietary notice or label; (vii) use the Software or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate this Agreement or any applicable third-party terms. You agree to comply with all laws, statutes, regulations, treaties, directives, and agreements that apply to your use of the Software and Content. Breach of this Section will result in your access to the Software being revoked, either temporarily or permanently.
2.3. Ownership. All right, title, and interest in and to the Software and the Content is the property of Remedy or our licensors and is protected by Finnish and international copyright, trademark, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent permitted by applicable law. The Software may also include third-party code: Any third-party scripts or code, linked to or referenced from the Software, are licensed to you by the third parties that own such code, not by us. Your unauthorized use of the Software and/or Content may violate copyright, trademark, privacy and other laws, and any such use may result in your personal liability, including potential criminal liability. The Software is licensed to you, not sold, and we reserve all rights to the Software and Content not expressly granted by us.
3. Updates, Availability and Right to Terminate.
SUMMARY: We may update the game from time to time, and you'll need to install these updates to keep playing. The game or its online features may sometimes be unavailable, and we're not responsible for any disruptions. We may change or remove parts of the game for technical, balancing, or business reasons. If we permanently stop offering the game, we'll try to give you at least 60 days' notice.
3.1. Updates. We may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue using the Software, and you hereby consent to us applying such patches, updates, and upgrades. You acknowledge that any character data, game progress, game customization or other data related to your use of the Software may cease to be available to you at any time without notice from us after a patch, update, or upgrade is applied by us.
3.2. Availability, Disruptions and Outages. The Software and Content may be unavailable from time to time or may vary depending on your region or device. If you change locations, you may need to re-acquire the Software or Content that was available to you and paid for in your previous region, if applicable. Online features and services may be modified, suspended, or discontinued, and we do not guarantee uninterrupted access to any online functionality. The Remedy Parties (defined below) are not liable for any disruption or loss you may suffer as a result of any disruptions and outages in the availability of the Software. We do not have any maintenance or support obligations with respect to the Software or Content.
3.3. Our Right to Modify or Discontinue the Software of Content. We may modify, update, substitute, replace, limit, or discontinue any aspect of the Software or Content at any time for development, technical, design, balancing, business, or operational reasons. This includes, but is not limited to, changes to game features, mechanics, in-game items, progression systems, and online or multiplayer functionality. These changes may be made to improve gameplay, address bugs or exploits, ensure fair play, comply with legal requirements, or reflect business decisions. If we decide to permanently discontinue the Software and/or Content (such as sunsetting the game), we will make reasonable efforts to provide you with at least sixty (60) days' notice, although this may not always be possible. Upon such discontinuation, all rights granted to you under this Agreement will cease, and you agree to immediately stop using the Software and Content.
3.4. Internet Connection. The Software requires an internet connection, which you must provide at your expense. Using the Software operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, software, and peripherals) for internet-based or wireless services. If other terms are presented in connection with your use of services accessed, those other terms also apply and you agree to such additional terms by using such services. You are solely responsible for the maintenance and reliability of your internet connection at your own cost.
3.5. Minimum Technical Requirements. The Software will have minimum technical requirements. You acknowledge and agree that it is your responsibility to ensure you meet these requirements before downloading or using the Software.
4. Fair Play, Code of Conduct and Enforcement
SUMMARY: We want all players to have a fair and respectful experience. Cheating is strictly prohibited. Harassment, hate speech, and disruptive behavior are not allowed. If you break these rules, we may suspend or permanently ban your access.
4.1. No Cheating. You must not engage in any activity that gives you or others an unfair advantage. Prohibited activities include, but are not limited to: (i) using, creating, or promoting cheats, hacks, bots, trainers, or any unauthorized third-party software that modifies or interferes with the Software, (ii) intentionally using game bugs, glitches, or unintended mechanics to gain an unfair advantage, and (iii) using macros, bots, or automated scripts to perform actions in the game.
4.2. Anti-Cheat Technology. We may use anti-cheat technologies that operate in real-time while the Software is running. These technologies may scan your device's memory and processes, analyze gameplay data, and monitor network traffic. By using the Software, you consent to the operation of these anti-cheat measures.
4.3. Code of Conduct. You must refrain from behavior that disrupts the experience of others. Prohibited conduct includes, but is not limited to: (i) threatening, stalking, bullying or otherwise harassing other players, (ii) using language, symbols, or actions that promote hate, discrimination, or violence based on race, ethnicity, nationality, gender, sexual orientation, religion, disability, or any other characteristic (iii) intentionally ruining the experience of other players, such as sabotaging objectives or engaging in trolling, (iv) sharing content that is sexually explicit, excessively violent, or otherwise offensive (v) engaging in conduct that otherwise breaches or violates the terms of this Agreement or its sprit.
4.4. Enforcement and Consequences. We reserve the right to determine, in our sole discretion, what conduct violates the terms of this Agreement or its spirit, and take action against violations. Depending on the severity of the violation, we may: (i) issue warnings for minor infractions, (ii) temporarily suspend access to the Software, (iii) permanently ban users from using the Software or (iv) pursue legal action against individuals or entities. We are not obligated to provide refunds or compensation if your access is restricted due to a violation of this Agreement.
5. Virtual Items
SUMMARY: Virtual items, like skins, are licensed, not owned, and have no real-world value. They cannot be sold, traded, or exchanged for real money. We may modify or remove virtual items at any time, and if your account is suspended or banned, you may lose access to them without compensation.
5.1. License Grant. The Software includes Virtual Items, such as cosmetics, skins, sprays and voice packs, that you may purchase separately or as part of Software bundle. Virtual Items are licensed, not sold, and they have no real-world monetary value. Virtual Items are subject to the same license grant, conditions and other restrictions in this Agreement as the Software and Content.
5.2. Additional Restrictions. Virtual Items: (i) cannot be exchanged for real money, goods, or services outside of the Software, (ii) cannot be transferred, sold, or traded between users and (iii) do not represent any personal property rights and remain our sole property. All purchases of Virtual Items are final and non-refundable, except where required by applicable law.
5.3. Changes to Virtual Items. We reserve the right, in our sole discretion, without notice and at any time to: (i) modify, adjust, substitute, replace, suspend or remove Virtual Items, (ii) adjust the availability, pricing, or functionality of Virtual Items and (iii) discontinue Virtual Items. To the fullest extent under applicable law, Remedy shall have no liability to you in the event that we exercise any such rights.
5.4. Access Suspension and Loss of Virtual Items. If your access to the Software is suspended or terminated due to a breach of this Agreement, you may lose access to any Virtual Items you have purchased, without compensation. We are also not liable for any loss of Virtual Items due to technical issues, cheating bans, or other enforcement actions.
6. Governing Law, Jurisdiction and Disputes
SUMMARY: For users in the EU, UK and elsewhere in the World (but not the US), this Agreement is governed by Finnish law and any disputes will be resolved in the district court of Espoo. We agree that we will try and resolve any dispute informally first. For users in the US, this Agreement is governed by the laws of the State of New York.
6.1. FOR USERS RESIDENT IN THE EUROPEAN UNION, UNITED KINGDOM AND ELSEWHERE IN THE WORLD (BUT NOT THE UNITED STATES): You and we agree that your use the Software and this Agreement, any issues arising out of them, will be governed by and interpreted according to the laws of Finland and any dispute regarding it will be under the jurisdiction of the district court of Espoo, Finland as the first instance. This does not exclude any mandatorily applicable rules or remedies which are available to you under the law of your country of residence (if not in Finland), including where you have the right to bring claims in your home country. If you have any concerns or issues, you can contact us at customer.support@remedygames.com where we hope we can resolve any complaints with you informally. We and you both agree to make reasonable and good faith efforts to resolve any disputes between us informally.
6.2. FOR USERS RESIDENT IN THE UNITED STATES: This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York without regard to any state's choice or conflict of law rules. For any claims not subject to binding individual arbitration, you and we agree to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York, and you and we hereby consent to venue in and personal jurisdiction before such courts (but without prejudicing either party's rights to remove a case to federal court if permissible). This Section will be interpreted as broadly as applicable law permits. We have the right to prosecute civil claims against you for any violation of this Agreement, or any other governing terms and conditions related to the Software, whether for breach of contract, violation of common law rights, or violation of any applicable state or federal statute.
7. Binding Individual Arbitration and Class Action Waiver (users in United States)
SUMMARY: For users in the US, disputes are resolved through binding individual arbitration, not in court, except for small claims and specific exceptions. Informal dispute resolution (as defined below) is required before arbitration. You can opt out of arbitration within 30 days.
USERS RESIDENT IN THE US, PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
Most issues can be resolved quickly and amicably by contacting Remedy's player support at customer.support@remedygames.com. But we understand that sometimes disputes cannot be easily resolved by player support. This Section explains how you and Remedy will resolve those disputes, claims or controversies including (where applicable) by binding, individual arbitration.
This Section 7 will be interpreted as broadly as applicable law permits.
7.1. Disputes that Must Be Arbitrated. The informal resolution and binding individual arbitration requirements in Section 7 apply to all Disputes between you and Remedy. "Dispute" means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Remedy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party seeks legal recourse for and that relates to your use or attempted use of the Software, or that relates to this Agreement, including but not limited to the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) a complaint or remedy under the EU General Data Protection Regulation; (iv) an action to compel or uphold any prior arbitration decision; and (v) your or Remedy's right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds. If you are a party to other agreements with Remedy besides this one, and another agreement does not require arbitration of disputes, an arbitrator will decide which disputes between you and Remedy are subject to arbitration and which (if any) may be heard in court.
This Section 7 only applies to Disputes and does not prevent either party from taking unilateral actions they are entitled to take under this Agreement. This means, for example, that Remedy may enforce this Agreement through actions like suspending and terminating your access to the Software or Content at any time, in its sole discretion, without following this dispute resolution process. This freedom to unilaterally act in accordance with the terms of this Agreement is important so that you do not have to keep using the Software or Content if you do not want to and so that Remedy can ensure a positive and fair experience for users of our products by doing things like taking immediate action against players engaged in cheating, pirating, or violating others' rights in their intellectual property. If you or Remedy believe that the other has made a mistake about what actions this Agreement allow them to take (e.g., you disagree with Remedy suspending or terminating your access to the Software or Content for cheating, pirating, or infringing intellectual property), that disagreement is a Dispute that must be resolved using the process set forth in this Section 7.
7.2. Informal Resolution. If you have a Dispute against Remedy or if Remedy has a Dispute against you, you and Remedy will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Remedy will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days ("Informal Resolution") from the day you receive or Remedy receives a written notice of a dispute from the other party (a "Notice of Dispute") in accordance with this Agreement's terms.
You will send any Notice of Dispute to Remedy Entertainment Plc, Legal Department, ATTN: NOTICE OF DISPUTE, Luomanportti 3, FI-02200 Espoo, Finland. Remedy will send any Notice of Dispute to the e-mail or other contact information you have provided Remedy or that we have otherwise obtained. The Notice of Dispute sent by either party must include the sender's name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Informal Resolution requirement is designed to allow Remedy (or you, in the case of a Dispute Remedy asserts against you) to make a fair, fact-based offer of settlement if it chooses to do so. You or Remedy cannot proceed to arbitration before the end of the Informal Resolution period. If you or Remedy proceed to arbitration without providing a compliant Notice of Dispute and waiting until the conclusion of the Informal Resolution period, a court may enjoin the filing and order the party that has not followed the Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred. The compliance of a Notice of Dispute with the terms of this Agreement, including whether a Notice of Dispute contained all required information, is an issue to be decided by a court.
7.3. Small Claims Court. You and Remedy agree that disputes that qualify for small-claims court in either the county where you live or New York County, New York, may be brought as individual actions only in such small-claims courts.
7.4. Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Remedy consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and Remedy agree that Disputes will be settled by binding individual arbitration conducted by JAMS ("JAMS"), https://www.jamsadr.com/, according to the U.S. Federal Arbitration Act ("FAA") and federal arbitration law and according to JAMS' Comprehensive Arbitration Rules and Procedures in effect at the time the Dispute arises (the "Rules"), as modified by this Agreement, unless JAMS is not available to arbitrate the Dispute, in which case the arbitration will be conducted by the American Arbitration Association ("AAA"), https://www.adr.org.
For Disputes that must be arbitrated by AAA, you are a "Consumer," and the then-current version of the AAA's Consumer Arbitration Rules are the Rules applicable to Disputes between you and Remedy as modified by this Agreement. This Agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
"Arbitration" means that Disputes you have with Remedy and Disputes Remedy has with you will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
"Individual" means that the arbitrator may award the same remedies to you or Remedy as a court could, but only to satisfy your or Remedy's individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or Remedy as part of the resolution of any Dispute.
"Binding" means that both you and Remedy will have to live with the arbitrator's decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, this Agreement, and the Rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
Arbitration Procedure and Location
You or Remedy may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the Rules (or with AAA in accordance with the Rules if JAMS is not available to arbitrate the Dispute).
(Instructions for filing a Demand for Arbitration with JAMS are available on the JAMS website, and instructions for filing a Demand for Arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879.) You will send a copy of any Demand for Arbitration to Remedy Entertainment Plc, Legal Department, ATTN: ARBITRATION OF DISPUTE, Luomanportti 3, FI-02200 Espoo, Finland. Remedy will send any Demand for Arbitration to the e-mail address or other contact information you have provided to Remedy or that we have otherwise obtained.
The arbitration will be conducted by a single arbitrator. You and Remedy both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.
For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, the hearing will take place in New York County, New York, unless the arbitrator determines that this would pose a hardship for the claimant or that the claimant's access to the arbitration would be precluded by such location, in which case the in-person hearing may be conducted in the claimant's state.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Remedy agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Remedy to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, applies only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Consumer Arbitration Fees
If you start an arbitration against Remedy, you will pay the filing fee required for consumer arbitrations. Remedy will pay arbitration fees and costs as required under the rules, policies and protocols of the arbitration provider, and where such rules, policies and protocols require that Remedy pay greater than half of such fees or costs or subsidize your fees and costs, you may have the right to elect to pay half of the fees and costs.
Arbitration fees and costs do not include your attorneys' fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys' fees and costs unless the applicable law provides otherwise.
Notice and Filing
To the fullest extent permitted by applicable law, you or Remedy must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or Remedy to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that you and Remedy will not have the right to assert the Dispute.
Coordinated Filings
If ten (10) or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered "Coordinated Cases" and will be treated as mass filings, a mass arbitration or multiple case filings according to the Rules, if and to the extent Coordinated Cases are filed in arbitration as set forth in this Agreement. Remedy or you may advise the other of its or your belief that cases are Coordinated Cases, and disputes over whether a case or cases meet the contractual definition of "Coordinated Cases" will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Remedy will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case may be filed in arbitration or court.
Once counsel in the Coordinated Cases has advised Remedy that all or substantially all of the Notices of Dispute have been provided, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as bellwethers, to allow each side to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider's discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Cases will be delayed by this bellwether process.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Remedy agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. Remedy and counsel for the claimants must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for Remedy and claimants cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Remedy and counsel for the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings. Such Disputes may be filed only in the state courts in New York County, New York, or if federal jurisdiction exists, in the United States District Court for the Southern District of New York, and you consent as part of this Agreement to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Remedy from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and any party may contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Continuation in Effect
The dispute resolution process set forth in this Section 7 survives any termination of this Agreement or Remedy's provision of Software to you.
Future Agreement Changes
Although Remedy may revise this Agreement in its discretion, Remedy does not have the right to alter this Agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant.
7.5. Class Action Waiver. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), you and Remedy will only bring disputes, claims, or controversies between you and Remedy in an individual capacity and shall not:
- seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
- consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement.
7.6. Severability. If all or any provision of this Section 7 is found invalid, unenforceable, or illegal, then you and Remedy agree that the provision will be severed, and the rest of this Agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Remedy agree that this entire Section 7 will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified in this Agreement.
7.7. Our 30-Day Right to Opt Out. You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in this Agreement. To exercise this right, you must send written notice of your decision to the following address: Remedy Entertainment Plc, Legal Department, ATTN: ARBITRATION OPT-OUT, Luomanportti 3, FI-02200 Espoo, Finland. Your notice must include your name, the username associated with the platform you used to launch the game and accept this Agreement (e.g., your Steam, PlayStation, or Xbox username), e-mail address and mailing address, the date when you accepted this Agreement, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in this Agreement. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THIS AGREEMENT 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 Remedy 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 provisions, Remedy will not be bound by them with respect to disputes with you.
8. Warranty Disclaimer.
SUMMARY: For users not in the EU or UK, we provide the Software on a limited basis, and we will not be responsible for issues related to it unless we set this out.
IMPORTANT: This Section 8 does not apply to users in the European Union or the UK.
8.1. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER REMEDY NOR ANY OF OUR OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "REMEDY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE REMEDY PARTIES DO NOT WARRANT THAT THE SOFTWARE OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, COMPATIBLE WITH ANY OTHER PRODUCT, ERROR-FREE, FREE OF BUGS OR VIRUSES, OR THAT THE SOFTWARE WILL WORK PROPERLY ON ALL DEVICES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE REMEDY PARTIES DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. REMEDY MAY, AT ITS SOLE DISCRETION, DISCONTINUE SUPPORTING THE SOFTWARE AT ANY TIME, AND REMEDY HAS NO LIABILITY FOR SUCH DISCONTINUANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
9. Limitations of Our Liability.
SUMMARY:
- For EU and UK users, we will be liable to you in limited circumstances, and we do not exclude or limit our liability to you where we are not permitted to do so by law. Otherwise, any other liability to you will be capped at the amount you've paid us in the last 12 months under this Agreement.
- For users in the US and elsewhere in the world, our maximum liability to you will be USD 200.
9.1. FOR USERS RESIDENT IN THE EUROPEAN UNION OR UNITED KINGDOM:
9.1.1. Where we do not exclude or limit our liability. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors), fraud, breach of your legal rights as a consumer, or for any other liability which may not be excluded by applicable law.
9.1.2. Foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
9.1.3. Damage to your device or other digital content. If the Software damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
9.1.4. Personal losses. We only supply the Software for domestic and private use. If you use the Software for any commercial, business or re-sale purposes, we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
9.2. Subject to Section 9.1 above, our total liability arising out of or in connection with this Agreement will not exceed the total amount you have paid to us under this Agreement during the twelve (12) months immediately prior to the event which caused the liability, except as otherwise required by applicable law.
9.3. FOR USERS RESIDENT IN THE UNITED STATES OR REST OF WORLD (NOT THE EUROPEAN UNION OR UNITED KINGDOM): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REMEDY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, REVENUE, COST OF REPLACEMENT GOODS OR SERRVICES OR DATA, USE, BUSINESS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, INCLUDING VIRTUAL ITEMS, OR FOR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SOFTWARE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE, WHETHER OR NOT REMEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
In the event you have any basis for recovering damages arising from the Software (including Virtual Items) or a breach of this Agreement, you agree that your exclusive remedy is to recover from the Remedy Parties direct damages and the maximum liability is limited up to an amount equal to USD 200.
10. Your Responsibilities to Us.
SUMMARY: You agree to compensate us for any losses or damages due to your breaches of this Agreement.
10.1. FOR USERS RESIDENT IN THE EUROPEAN UNION OR UNITED KINGDOM: You will be responsible for compensating us for any losses, expenses or other costs which we incur as a result of you breaching the terms of this Agreement.
10.2. FOR USERS RESIDENT IN THE UNITED STATES OR REST OF THE WORLD (NOT THE EUROPEAN UNION OR UNITED KINGDOM): To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Remedy Parties from and against any and all claims, actions, liabilities, damages, losses, costs and expenses (including, reasonable attorneys' fees and costs) arising out of or in connection with: (i) your breach or alleged breach of this Agreement; (ii) any information or content provided by you; and/or (iii) your acts or omissions by you in using the Software or Content (including any Virtual Items). The Remedy Parties reserve the right to assume, at their own expense, the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of any claim. You are solely responsible for any third party costs you incur to use the Software, and you bear all risk of loss for accessing or downloading the Software.
11. Termination.
SUMMARY: This Agreement will terminate automatically if you fail to comply with any of its terms and conditions. You can terminate this Agreement by stopping using the Software.
11.1. Termination and its Effects. Without limiting any of our other rights, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by destroying all copies of the Software in your possession and/or deleting the Software from all devices on which you have installed it. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession. Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has terminated.
12. Miscellaneous.
12.1. General. This Agreement is the entire agreement between you and us for your use of the Software, and it supersedes any prior agreements between you and us regarding your use of the Software. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall not be affected. Section 7 prevails over this section in the event of any inconsistency with it. Sections 1, 2.2, 2.3, 3.2, 3.3, 3.4, 3.5, 4, 5, 6, 7, 8, 9, 10, 11, 12 and those that by their nature apply after this Agreement ends will survive any termination or cancellation of this Agreement. Any act by us to exercise, or failure or delay in exercise of, any of its rights under this Agreement, will not be deemed a waiver of those or any other rights or remedies available in contract, or at law.
12.2. No Assignment. This Agreement is personal to you, which means that you may not assign, charge or subcontract your rights or obligations under this Agreement or transfer any rights to use the Software without our prior written consent. Any attempt without that consent will be null and void. We may at any time assign, transfer, charge, or subcontract all or any of our rights or obligations under this Agreement.
12.3. Investigations and Disclosures. We reserve the right to investigate and prosecute any suspected breaches of this Agreement or use of the Software. We may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
12.4. Export Laws. You must comply with all domestic and international export laws and regulations (which may be amended from time to time) that apply to the Software, which include restrictions on destinations, end users, and end use. You agree not to use, export, re-export, or download the Software into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of a U.S. restricted or prohibited country or on any OFAC sanctions list.
12.5. Feedback. If you provide us with any Feedback, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. "Feedback" means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your employees, agents, contractors, or representatives) to us or our agents that relates to the Software or Content. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any such rights. You understand and agree that we are not required to make any use of any Feedback that you provide. You agree that if we make use of your Feedback, we are not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to us to grant us and other affected parties the rights described above. This includes but is not limited to intellectual-property rights and other proprietary or personal rights.
12.6. Language. The original of this Agreement is in English. Any translations are provided for reference purposes only.
12.7. Statutory Rights. Nothing in this Agreement shall infringe upon the statutory rights that you may have as a consumer.
12.8. Contact Us. If you have any questions or concerns about the Software or this Agreement, please contact us at customer.support@remedygames.com.