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SOS LICENSE TERMS
Revised 1/22/2018
Thank you for your interest in Outpost Games, Inc. (“Outpost,” “we,” or “us”) and our multiplayer game entitled “SOS” and all elements of the foregoing (“SOS”). BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING, INSTALLING, DOWNLOADING, PLAYING, OR OTHERWISE USING SOS, YOU AGREE TO BE BOUND BY THESE SOS LICENSE TERMS (THIS “AGREEMENT”).
THIS AGREEMENT INCORPORATES BY REFERENCE THE COMMUNITY STANDARDS DESCRIBED IN SECTION 9 BELOW, AND THE OUTPOST TERMS OF SERVICE. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE OUTPOST TERMS OF SERVICE, THIS AGREEMENT SHALL CONTROL WITH RESPECT TO YOUR ACCESS AND USE OF SOS.
THIS AGREEMENT CREATES A BINDING CONTRACT BETWEEN YOU AND OUTPOST REGARDING YOUR USE OF SOS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, YOU MAY NOT ACCESS, INSTALL, DOWNLOAD, PLAY, OR USE SOS.
1. SOFTWARE AVAILABILITY. SOS is being made available to you for your personal use only (the “Game”). You may use SOS only for the purpose of participating in the Game in accordance with the terms and conditions of this Agreement.
2. REGISTRATION. To participate in the Game, you will need to register an account with Outpost. You agree to provide only true, current and accurate information as part of the registration and will not impersonate any person or entity. You may not transfer any account you have created to another person.
3. LIMITED PERSONAL LICENSE. In order to make SOS available to you, Outpost utilizes certain software and other technology, including, without limitation, the Outpost web site (www.outpostgames.com), certain installers, game files, documentation, and any and all copies thereof (the “Outpost Technology”). Subject to the terms and conditions of this Agreement, Outpost hereby grants to you:
(a) a personal, non-exclusive, non-transferable, revocable limited right and license to use one copy of SOS, as downloaded directly from the Outpost web site or made available by an authorized Outpost distributor, solely in object code format and solely for the purpose of participating in the Game; and
(b) non-exclusive permission to access and use the Outpost Technology for your personal, non-commercial use, solely as necessary to use a licensed copy of SOS, pursuant to Section 3(a) above.
4. OWNERSHIP. You hereby agree and acknowledge that all title, ownership rights, and intellectual property rights in and to SOS (including, without limitation, all game content, visual interfaces, graphics, design, compilation, data, software (including source code or object code), installers, documentation, text, pictures, audio, video, game files, other files, and all other elements of SOS (collectively, the “SOS Materials”)) are owned by Outpost and its licensors. Subject to the limited license granted to you above, you do not have any rights, title, or ownership in or to SOS (including any SOS Materials) or the Outpost Technology. As between you and Outpost, all rights not expressly granted are hereby reserved worldwide by Outpost.
5. LICENSE CONDITIONS AND RESTRICTIONS. You agree to access and use SOS only in a manner that is consistent with this Agreement. You warrant and represent that you have not and will not:
a. without written permission from Outpost, use, advertise, or exploit in any manner SOS or any of its parts commercially;
b. access SOS through bots, or employ any cheats, hacks, mods or otherwise engage in conduct to further any hacking or cheating;
c. interfere or attempt to interfere with the operation of SOS;
d. make unauthorized copies of SOS;
e. sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of SOS in any way not expressly authorized herein;
f. reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of SOS, in whole or in part (except as the applicable law expressly permits);
g. remove, disable, or circumvent any security protections or any technical measures that control access to SOS;
h. remove, modify, deface or circumvent any proprietary notices or labels contained on or within SOS; or
i. violate the Rules of Conduct or the Outpost Terms of Service, as such documents may be amended from time to time.
In connection with your participation in the Game, you may, on a non-commercial basis, stream (via online platforms, such as YouTube or Twitch.Tv), record, screenshot, and/or discuss your gameplay on the internet, provided that (i) you correctly attribute SOS to Outpost Games, Inc. and provide links to our website at www.sosgame.com; (ii) you are solely responsible for such stream, recording, screenshot, or discussion, including any content you create in connection therewith, and any and all claims arising from the foregoing; and (iii) you (including through the streaming content you post) remain in compliance with this Agreement, the Outpost Terms of Service, and the Rules of Conduct, including any amendments of such documents from time to time. To be clear, the permission to stream granted in this paragraph is limited to the term of this Agreement and is revocable at any time by Outpost where Outpost determines that any of the requirements (i)-(iii) above are not met in full. Where Outpost revokes the permission granted in this paragraph for any reason, you agree to remove the streamed content from the service posted, and you further agree that a DMCA takedown notice sent to the relevant streaming site is an appropriate measure for Outpost in removing content.
Furthermore, you agree that you shall abide by any safety information, maintenance instructions or other relevant notices contained in any manuals, notices or documentation we may provide from time to time.
6. YOUR INFORMATION AND PRIVACY.
a. Information we collect. When you register an account to use SOS and when you access and use SOS, we collect both personal and non-personal information from you. The personal information we collect may include your name, mailing address, phone number, and/or e-mail address as you have provided it to us. In addition, your web browser and SOS may transmit certain geographic information or information regarding your computer (such as capabilities, internet connectivity, and data processing). We may also collect and track usage data through your use of SOS. Lastly, we may use cookies, beacons, clear gifs, or other tags for analyzing trends, administering websites, gathering demographic information, authentication, remembering user settings, and determining the effectiveness of our marketing campaigns.
b. How we use your information. We may use information we collect to generate aggregate statistics about our user community and we may provide such information to advertisers and/or our partners. In addition, we may use the information we collect for security, system integrity (such as the prevention of hacking or cheats), or enforcement purposes. The information you provide to us may be used to alert you of new products or updates, and to address customer service issues. We may also use your information to perform market and demographic analysis, or to improve our products, services, or systems. We may also provide your personal information to other companies or organizations that offer products or services that may be of interest to you. In such cases, we will notify you that the information will be shared and provide you with an opportunity to opt-out.
c. Deleting your personal information and questions. If you would like us to delete your account or personal information, please contact us at personalinformation@outpostgames.com. If you would like more information about our privacy practices, please contact us at privacy@outpostgames.com.
7. USER GENERATED CONTENT AND RIGHTS OF PERSONALITY AND LIKENESS.
a. User Material. When accessing and using SOS, you may have the option to create, post, stream, transmit, and provide certain content, such as pictures, photographs, voice chat, video, or other information, and Outpost may also record video of your game play, keystrokes and any audio or video transmitted by you through SOS, including your voice and conversations with other players (collectively, “User Material”). You represent and warrant that your User Material does not infringe on the intellectual property or other rights of any third party. Upon request, you must cooperate with Outpost in resolving any dispute that may arise from your User Material.
b. Our License to User Material. You hereby grant to Outpost a royalty-free, perpetual, assignable, worldwide, sublicensable, irrevocable right (a) to use, distribute, copy, modify, display, publish, and otherwise exploit your User Material for any reason, without any restrictions or payments to you or any third parties, and (b) to use your voice, persona, and performance captured in any audio, visual, audiovisual or other forms through SOS for any purpose in connection with SOS or Outposts’ legitimate business interests. You hereby agree not to enforce, to the extent permitted by law, all claims, including any moral rights or rights of identity or attribution for our use of the User Material.
8. FEEDBACK. If you participate in the Game, we may ask you to provide us your thoughts and recommendations regarding SOS or Outpost (“Feedback”). If you provide us with Feedback, you hereby assign us all rights you may have in the Feedback, and agree that we may exploit your Feedback without restriction or payment or any other consideration to you. However, we will not publicly identify you as the source of the Feedback without your permission.
9. COMMUNITY STANDARDS. SOS may allow you to interact with others and contribute User Material. Your interaction with others through SOS and your User Material must be in accordance with the Community Standards.
10. GAME SOFTWARE UPDATES AND PATCHES. Outpost may provide updates, patches, and other modifications to SOS that must be installed for you to continue to play SOS properly or at all. You agree that Outpost may update, patch, or modify SOS remotely and, if applicable, access SOS as residing on your machine for such purpose. You hereby grant to Outpost the right to deploy and apply such patches, updates, and modifications and you are responsible for all associated internet usage costs. All provisions of this Agreement that refer to SOS shall also include all such patches, updates and modifications.
11. THIRD PARTY SOFTWARE; THIRD PARTY SERVICES AND INTEGRATIONS. SOS may include certain third-party software. Additional information with respect to such third-party software is available at https://corp.outpostgames.com/legal/outpost-foss-notices.html. In addition, certain third-party services may be accessed through or integrated with SOS, such as BattlEye, a third party anti-cheat protection system. Your access and use of any such third-party services and integrations shall be governed by Section 5 of the Outpost Terms of Service (https://corp.outpostgames.com/legal/terms.html)
12. LIMITED WARRANTY. SOS, THE SOS MATERIALS, AND THE OUTPOST TECHNOLOGY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOS, THE SOS MATERIALS, AND THE OUTPOST TECHNOLOGY MAY BE UNAVAILABLE AT ANY TIME AND OUTPOST DOES NOT AGREE THAT SOS, THE SOS MATERIALS, OR THE OUTPOST TECHNOLOGY MAY BE ERROR-FREE OR UNINTERRUPTED. SOS MAY CONTAIN ERRORS, BUGS OR OTHER ISSUES THAT MAY CAUSE DAMAGE TO YOUR COMPUTER SYSTEM.
13. LIMITATIONS ON DAMAGES. IN NO EVENT SHALL OUTPOST OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF SOS OR THE OUTPOST TECHNOLOGY, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, OR COMPUTER FAILURE, EVEN IF OUTPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. OUTPOST’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TEN (10) DOLLARS. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. TERM AND TERMINATION. Without prejudice to any other rights of Outpost, your rights to SOS, the SOS Materials, and the Outpost Technology shall remain in effect for as long as Outpost decides to continue to make available the Game in its absolute discretion, unless earlier terminated by Outpost. If we determine that you have breached this Agreement, then we may terminate this Agreement upon notice to you. We may also terminate this Agreement, as well as the Game, at any time. This Agreement shall terminate automatically if you fail to comply with its terms and conditions. In the event of termination, you must cease access and using SOS and, if applicable, you must uninstall and destroy all copies of SOS. You may also terminate your right to use SOS at any time by ceasing to access and use SOS, deleting your SOS account, and if applicable, destroying and uninstalling any copy of SOS from your computer(s) or other applicable hardware. The following Sections shall survive the termination of this Agreement: 1, 4, 5 - 8,12 - 19, and 21.
15. REPRESENTATIONS; INDEMNITY. You warrant and represent that (a) you will not engage or participate in any activity or course of action that could diminish or tarnish the image or reputation of SOS, the SOS Materials, the Outpost Technology, or Outpost, or cause confusion as to the ownership of SOS or the Outpost Technology; and (b) that your use of SOS, the SOS Materials, and the Outpost Technology will comply will all applicable laws and regulations and your use of SOS, the SOS Materials, and the Outpost Technology will not infringe, misappropriate, or otherwise violate the intellectual property or other rights of any third party. You agree to indemnify, defend and hold harmless Outpost, its partners, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with access or using SOS, the SOS Materials, or the Outpost Technology or any breach by you of the terms of this Agreement.
16. RESOLVING DISPUTES. We want to address your concerns without needing a formal legal case. Before filing a claim against Outpost, you agree to try to resolve the dispute informally by contacting us at disputes@outpostgames.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Outpost may bring a formal proceeding.
17. BINDING ARBITRATION.
a. We Both Agree to Arbitrate. You and Outpost agree to resolve any claims relating to this Agreement or SOS through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
b. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending us a notice at optout@outpost.com within 30 days of first accepting this agreement to arbitrate.
c. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco county, California, or any other location we agree to.
d. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Outpost will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Outpost will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
e. Exceptions to Agreement to Arbitrate. Either you or Outpost may assert claims, if they qualify, in small claims court in San Francisco county, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of SOS, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
18. NO CLASS ACTIONS. You may only resolve disputes with us on an individual, confidential basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
19. CHOICE OF LAW AND JURISDICTION. THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND OUTPOST CONCERNING SOS, SHALL BE CONSTRUED AND ENFORCED UNDER THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CALIFORNIA’S CONFLICTS OF LAW PRINCIPLES.
20. CHANGES TO THIS AGREEMENT. Outpost reserves the right to amend and replace this Agreement at any time, at its sole discretion, and/or will communicate such changes through SOS or other reasonable means. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above termination provisions. Your installation and use of any updates or modifications to SOS or your continued use of SOS following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
21. MISCELLANEOUS. This Agreement, together with the Community Standards and the Outpost Terms of Service, and any other agreements expressly incorporated by reference into this Agreement, represents the complete agreement between you and Outpost concerning your rights to access and use SOS, and supersedes all prior agreements and representations, warranties or understandings between you and Outpost regarding the same subject matter. 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 remain in full force and not be affected. You are responsible for all costs and expense incurred by you to access and use SOS, including costs for your internet service and for your computer. We may freely assign this Agreement and our rights hereunder, and in the event of any merger, acquisition, reorganization, or other similar event, your personal information may be transferred to our successor or assign.
If you have any questions concerning this Agreement or the license contained herein, you may contact Outpost at seek@outpostgames.com.
Revised 1/22/2018
Thank you for your interest in Outpost Games, Inc. (“Outpost,” “we,” or “us”) and our multiplayer game entitled “SOS” and all elements of the foregoing (“SOS”). BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING, INSTALLING, DOWNLOADING, PLAYING, OR OTHERWISE USING SOS, YOU AGREE TO BE BOUND BY THESE SOS LICENSE TERMS (THIS “AGREEMENT”).
THIS AGREEMENT INCORPORATES BY REFERENCE THE COMMUNITY STANDARDS DESCRIBED IN SECTION 9 BELOW, AND THE OUTPOST TERMS OF SERVICE. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE OUTPOST TERMS OF SERVICE, THIS AGREEMENT SHALL CONTROL WITH RESPECT TO YOUR ACCESS AND USE OF SOS.
THIS AGREEMENT CREATES A BINDING CONTRACT BETWEEN YOU AND OUTPOST REGARDING YOUR USE OF SOS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, YOU MAY NOT ACCESS, INSTALL, DOWNLOAD, PLAY, OR USE SOS.
1. SOFTWARE AVAILABILITY. SOS is being made available to you for your personal use only (the “Game”). You may use SOS only for the purpose of participating in the Game in accordance with the terms and conditions of this Agreement.
2. REGISTRATION. To participate in the Game, you will need to register an account with Outpost. You agree to provide only true, current and accurate information as part of the registration and will not impersonate any person or entity. You may not transfer any account you have created to another person.
3. LIMITED PERSONAL LICENSE. In order to make SOS available to you, Outpost utilizes certain software and other technology, including, without limitation, the Outpost web site (www.outpostgames.com), certain installers, game files, documentation, and any and all copies thereof (the “Outpost Technology”). Subject to the terms and conditions of this Agreement, Outpost hereby grants to you:
(a) a personal, non-exclusive, non-transferable, revocable limited right and license to use one copy of SOS, as downloaded directly from the Outpost web site or made available by an authorized Outpost distributor, solely in object code format and solely for the purpose of participating in the Game; and
(b) non-exclusive permission to access and use the Outpost Technology for your personal, non-commercial use, solely as necessary to use a licensed copy of SOS, pursuant to Section 3(a) above.
4. OWNERSHIP. You hereby agree and acknowledge that all title, ownership rights, and intellectual property rights in and to SOS (including, without limitation, all game content, visual interfaces, graphics, design, compilation, data, software (including source code or object code), installers, documentation, text, pictures, audio, video, game files, other files, and all other elements of SOS (collectively, the “SOS Materials”)) are owned by Outpost and its licensors. Subject to the limited license granted to you above, you do not have any rights, title, or ownership in or to SOS (including any SOS Materials) or the Outpost Technology. As between you and Outpost, all rights not expressly granted are hereby reserved worldwide by Outpost.
5. LICENSE CONDITIONS AND RESTRICTIONS. You agree to access and use SOS only in a manner that is consistent with this Agreement. You warrant and represent that you have not and will not:
a. without written permission from Outpost, use, advertise, or exploit in any manner SOS or any of its parts commercially;
b. access SOS through bots, or employ any cheats, hacks, mods or otherwise engage in conduct to further any hacking or cheating;
c. interfere or attempt to interfere with the operation of SOS;
d. make unauthorized copies of SOS;
e. sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of SOS in any way not expressly authorized herein;
f. reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of SOS, in whole or in part (except as the applicable law expressly permits);
g. remove, disable, or circumvent any security protections or any technical measures that control access to SOS;
h. remove, modify, deface or circumvent any proprietary notices or labels contained on or within SOS; or
i. violate the Rules of Conduct or the Outpost Terms of Service, as such documents may be amended from time to time.
In connection with your participation in the Game, you may, on a non-commercial basis, stream (via online platforms, such as YouTube or Twitch.Tv), record, screenshot, and/or discuss your gameplay on the internet, provided that (i) you correctly attribute SOS to Outpost Games, Inc. and provide links to our website at www.sosgame.com; (ii) you are solely responsible for such stream, recording, screenshot, or discussion, including any content you create in connection therewith, and any and all claims arising from the foregoing; and (iii) you (including through the streaming content you post) remain in compliance with this Agreement, the Outpost Terms of Service, and the Rules of Conduct, including any amendments of such documents from time to time. To be clear, the permission to stream granted in this paragraph is limited to the term of this Agreement and is revocable at any time by Outpost where Outpost determines that any of the requirements (i)-(iii) above are not met in full. Where Outpost revokes the permission granted in this paragraph for any reason, you agree to remove the streamed content from the service posted, and you further agree that a DMCA takedown notice sent to the relevant streaming site is an appropriate measure for Outpost in removing content.
Furthermore, you agree that you shall abide by any safety information, maintenance instructions or other relevant notices contained in any manuals, notices or documentation we may provide from time to time.
6. YOUR INFORMATION AND PRIVACY.
a. Information we collect. When you register an account to use SOS and when you access and use SOS, we collect both personal and non-personal information from you. The personal information we collect may include your name, mailing address, phone number, and/or e-mail address as you have provided it to us. In addition, your web browser and SOS may transmit certain geographic information or information regarding your computer (such as capabilities, internet connectivity, and data processing). We may also collect and track usage data through your use of SOS. Lastly, we may use cookies, beacons, clear gifs, or other tags for analyzing trends, administering websites, gathering demographic information, authentication, remembering user settings, and determining the effectiveness of our marketing campaigns.
b. How we use your information. We may use information we collect to generate aggregate statistics about our user community and we may provide such information to advertisers and/or our partners. In addition, we may use the information we collect for security, system integrity (such as the prevention of hacking or cheats), or enforcement purposes. The information you provide to us may be used to alert you of new products or updates, and to address customer service issues. We may also use your information to perform market and demographic analysis, or to improve our products, services, or systems. We may also provide your personal information to other companies or organizations that offer products or services that may be of interest to you. In such cases, we will notify you that the information will be shared and provide you with an opportunity to opt-out.
c. Deleting your personal information and questions. If you would like us to delete your account or personal information, please contact us at personalinformation@outpostgames.com. If you would like more information about our privacy practices, please contact us at privacy@outpostgames.com.
7. USER GENERATED CONTENT AND RIGHTS OF PERSONALITY AND LIKENESS.
a. User Material. When accessing and using SOS, you may have the option to create, post, stream, transmit, and provide certain content, such as pictures, photographs, voice chat, video, or other information, and Outpost may also record video of your game play, keystrokes and any audio or video transmitted by you through SOS, including your voice and conversations with other players (collectively, “User Material”). You represent and warrant that your User Material does not infringe on the intellectual property or other rights of any third party. Upon request, you must cooperate with Outpost in resolving any dispute that may arise from your User Material.
b. Our License to User Material. You hereby grant to Outpost a royalty-free, perpetual, assignable, worldwide, sublicensable, irrevocable right (a) to use, distribute, copy, modify, display, publish, and otherwise exploit your User Material for any reason, without any restrictions or payments to you or any third parties, and (b) to use your voice, persona, and performance captured in any audio, visual, audiovisual or other forms through SOS for any purpose in connection with SOS or Outposts’ legitimate business interests. You hereby agree not to enforce, to the extent permitted by law, all claims, including any moral rights or rights of identity or attribution for our use of the User Material.
8. FEEDBACK. If you participate in the Game, we may ask you to provide us your thoughts and recommendations regarding SOS or Outpost (“Feedback”). If you provide us with Feedback, you hereby assign us all rights you may have in the Feedback, and agree that we may exploit your Feedback without restriction or payment or any other consideration to you. However, we will not publicly identify you as the source of the Feedback without your permission.
9. COMMUNITY STANDARDS. SOS may allow you to interact with others and contribute User Material. Your interaction with others through SOS and your User Material must be in accordance with the Community Standards.
10. GAME SOFTWARE UPDATES AND PATCHES. Outpost may provide updates, patches, and other modifications to SOS that must be installed for you to continue to play SOS properly or at all. You agree that Outpost may update, patch, or modify SOS remotely and, if applicable, access SOS as residing on your machine for such purpose. You hereby grant to Outpost the right to deploy and apply such patches, updates, and modifications and you are responsible for all associated internet usage costs. All provisions of this Agreement that refer to SOS shall also include all such patches, updates and modifications.
11. THIRD PARTY SOFTWARE; THIRD PARTY SERVICES AND INTEGRATIONS. SOS may include certain third-party software. Additional information with respect to such third-party software is available at https://corp.outpostgames.com/legal/outpost-foss-notices.html. In addition, certain third-party services may be accessed through or integrated with SOS, such as BattlEye, a third party anti-cheat protection system. Your access and use of any such third-party services and integrations shall be governed by Section 5 of the Outpost Terms of Service (https://corp.outpostgames.com/legal/terms.html)
12. LIMITED WARRANTY. SOS, THE SOS MATERIALS, AND THE OUTPOST TECHNOLOGY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOS, THE SOS MATERIALS, AND THE OUTPOST TECHNOLOGY MAY BE UNAVAILABLE AT ANY TIME AND OUTPOST DOES NOT AGREE THAT SOS, THE SOS MATERIALS, OR THE OUTPOST TECHNOLOGY MAY BE ERROR-FREE OR UNINTERRUPTED. SOS MAY CONTAIN ERRORS, BUGS OR OTHER ISSUES THAT MAY CAUSE DAMAGE TO YOUR COMPUTER SYSTEM.
13. LIMITATIONS ON DAMAGES. IN NO EVENT SHALL OUTPOST OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF SOS OR THE OUTPOST TECHNOLOGY, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, OR COMPUTER FAILURE, EVEN IF OUTPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. OUTPOST’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TEN (10) DOLLARS. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. TERM AND TERMINATION. Without prejudice to any other rights of Outpost, your rights to SOS, the SOS Materials, and the Outpost Technology shall remain in effect for as long as Outpost decides to continue to make available the Game in its absolute discretion, unless earlier terminated by Outpost. If we determine that you have breached this Agreement, then we may terminate this Agreement upon notice to you. We may also terminate this Agreement, as well as the Game, at any time. This Agreement shall terminate automatically if you fail to comply with its terms and conditions. In the event of termination, you must cease access and using SOS and, if applicable, you must uninstall and destroy all copies of SOS. You may also terminate your right to use SOS at any time by ceasing to access and use SOS, deleting your SOS account, and if applicable, destroying and uninstalling any copy of SOS from your computer(s) or other applicable hardware. The following Sections shall survive the termination of this Agreement: 1, 4, 5 - 8,12 - 19, and 21.
15. REPRESENTATIONS; INDEMNITY. You warrant and represent that (a) you will not engage or participate in any activity or course of action that could diminish or tarnish the image or reputation of SOS, the SOS Materials, the Outpost Technology, or Outpost, or cause confusion as to the ownership of SOS or the Outpost Technology; and (b) that your use of SOS, the SOS Materials, and the Outpost Technology will comply will all applicable laws and regulations and your use of SOS, the SOS Materials, and the Outpost Technology will not infringe, misappropriate, or otherwise violate the intellectual property or other rights of any third party. You agree to indemnify, defend and hold harmless Outpost, its partners, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with access or using SOS, the SOS Materials, or the Outpost Technology or any breach by you of the terms of this Agreement.
16. RESOLVING DISPUTES. We want to address your concerns without needing a formal legal case. Before filing a claim against Outpost, you agree to try to resolve the dispute informally by contacting us at disputes@outpostgames.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Outpost may bring a formal proceeding.
17. BINDING ARBITRATION.
a. We Both Agree to Arbitrate. You and Outpost agree to resolve any claims relating to this Agreement or SOS through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
b. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending us a notice at optout@outpost.com within 30 days of first accepting this agreement to arbitrate.
c. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco county, California, or any other location we agree to.
d. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Outpost will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Outpost will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
e. Exceptions to Agreement to Arbitrate. Either you or Outpost may assert claims, if they qualify, in small claims court in San Francisco county, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of SOS, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
18. NO CLASS ACTIONS. You may only resolve disputes with us on an individual, confidential basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
19. CHOICE OF LAW AND JURISDICTION. THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND OUTPOST CONCERNING SOS, SHALL BE CONSTRUED AND ENFORCED UNDER THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CALIFORNIA’S CONFLICTS OF LAW PRINCIPLES.
20. CHANGES TO THIS AGREEMENT. Outpost reserves the right to amend and replace this Agreement at any time, at its sole discretion, and/or will communicate such changes through SOS or other reasonable means. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above termination provisions. Your installation and use of any updates or modifications to SOS or your continued use of SOS following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
21. MISCELLANEOUS. This Agreement, together with the Community Standards and the Outpost Terms of Service, and any other agreements expressly incorporated by reference into this Agreement, represents the complete agreement between you and Outpost concerning your rights to access and use SOS, and supersedes all prior agreements and representations, warranties or understandings between you and Outpost regarding the same subject matter. 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 remain in full force and not be affected. You are responsible for all costs and expense incurred by you to access and use SOS, including costs for your internet service and for your computer. We may freely assign this Agreement and our rights hereunder, and in the event of any merger, acquisition, reorganization, or other similar event, your personal information may be transferred to our successor or assign.
If you have any questions concerning this Agreement or the license contained herein, you may contact Outpost at seek@outpostgames.com.