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PC Gamer Digital
WW License Agreement - Steam, Terms of Use, and Limited Software Warranty
Last revised October 7, 2011
THIS SOFTWARE IS LICENSED, NOT SOLD. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, TERMS OF USE AND LIMITED SOFTWARE WARRANTY (THE "AGREEMENT") AND THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE. This document may be updated from time to time. Your continued use of this Software thirty (30) days after a revised version has been posted constitutes acceptance by you of its terms. The "Software" includes all software, media files, interactive guides, and other files, electronic or on-line materials, or documentation included with this Agreement, and any and all copies of such Software and related materials.
LICENSE AND TERMS OF USE
License. Subject to this Agreement and its terms and conditions, Future US, Inc. (“Licensor”) hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for personal, non-commercial purposes. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you download, install or otherwise use the Software, and ends on the earlier date of either your disposal of the Software or Licensor’s termination of this Agreement. Your license terminates immediately if you violate any term of this Agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned. This Agreement is not and may not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
Ownership. Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights, except to the extent that such rights, title, or interest are subject to prior ownership by a third party. The Software is protected by United States copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Software without Licensor’s consent will be willfully violating copyright laws and may be subject to civil and criminal penalties in the US or their local country. Be advised that U.S. Copyright violations are subject to statutory penalties of up to $150,000 per violation. The Software contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
Use of the Software. By installing or using this software, you agree not to:
a. Commercially exploit the Software;
b. Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor;
c. Make a copy of the Software or any part thereof;
d. Make a copy of this Software available on a network for use or download by multiple users;
e. Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer at the same time;
f. Remove or circumvent or attempt to remove or circumvent any copy-protection or digital rights management features of the Software, or allow others to do the same;
g. Share the Software or any portion thereof with any third party;
h. Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part;
i. Remove or modify any proprietary notices, marks or labels contained on or within the Software;
j. Transport, export, or re-export (directly or indirectly) the Software into any country forbidden to receive such Software by any applicable export laws or accompanying regulations, or otherwise violate such laws or regulations; or
k. Resell your copy of the Software, independently or as part of any computer.
Eligibility; Authorized Users. You must be at least the applicable legal age to form a legally binding contract in your country of residence in order to access or use the Software. If you are not of legal age, your parent or guardian must accept this Agreement. By downloading, installing, or using the Software, you or your parent or guardian represent that you are of legal age to form a binding agreement, or that your parent or guardian has accepted this Agreement on your behalf. The Software may only be installed or used by the owner of the Steam account used to purchase the software; or, in the event that the Software was purchased as a gift, only by the gift recipient.
Certain content displayed through the Software may bear rating symbols as promulgated by the Entertainment Software Rating Board (ESRB) and/or the Pan European Game Information (PEGI). Descriptions of the ratings systems can be viewed at http://www.esrb.org/ratings/ratings_guide.jsp and http://www.pegi.info/en/index/id/33/. You agree that you will not view or use any content that is designated by the ESRB and/or PEGI to be inappropriate for your age, or the age of any other person viewing the content.
Steam Platform. In order to access and use the Software, you must have an active account on the Steam game distribution platform. The Software may only be purchased through the Steam Store, located at http://store.steampowered.com/.
Use of the Steam platform is subject to the terms and policies of Valve Corporation, which can be viewed at:
• Privacy Policy – http://www.valvesoftware.com/privacy.html
• Steam Subscriber Agreement – http://store.steampowered.com/subscriber_agreement
• Valve Legal Info – http://www.valvesoftware.com/legal.html
It is your sole responsibility to be aware of and comply with any terms set forth by Valve for the use of its Steam platform. Violation of the Steam Subscriber Agreement or any other terms of use set forth by Valve with respect to Steam could result in the loss of your ability to access or use the Software. In case of any conflict between the terms and policies of Valve Corporation and this Agreement in connection with the Software, the terms of this Agreement shall govern.
Licensor bears no responsibility for any harm resulting from your use of the Steam platform or Steam user accounts, and you agree not to assert any claim against Licensor arising from or relating to your use of the Steam platform or accounts. Licensor does not provide any support, maintenance, upgrades, or modifications for the Steam platform or accounts.
Payments. All payments for purchase of the Software are made through the Steam store at http://store.steampowered.com, and are governed by the Steam Subscriber Agreement at http://store.steampowered.com/subscriber_agreement. Licensor makes no representations regarding and bears no responsibility with respect to the processing of payments through the Steam store. For any issues or questions relating to payments, contact Valve Corporation directly.
Terms of Use. You are responsible for your use of the Software, and for any use of the Software made using your copy of the Software. Users of the Software must abide by certain rules of conduct in order to allow for the enjoyment of the Software by all of its users. When you use the Software, you may not:
• violate or infringe the intellectual property, privacy, publicity, or other legal rights of any third party;
• communicate anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising, promotional, or commercial communications, or conduct commercial activities and/or sales such as contests, sweepstakes, barter, advertising, promotional offers, or pyramid schemes;
• transmit any malicious or unsolicited software, or any website links to such software;
• stalk, harass, or harm another individual;
• impersonate or misrepresent your identity or affiliation with a third party;
• share with any third-party your username, password, or any access control information used to gain access to or use the Software;
• interfere with or disrupt the Software; or
• collect or harvest any personally identifiable information from the Software.
Licensor reserves the right to terminate access to the Software for any user who violates these Terms of Use, and/or to remove, delete, or prevent the display of any comments or other content posted by any user in violation of these Terms of Use.
Graphics. The Software may display content that is identified as resulting from particular graphics, sound, or other hardware, peripherals, or settings. Every computer, monitor, speaker system, and peripherals generates and enables content and functionality differently, and Licensor makes no representations that the graphics displayed, sounds generated, or speed or functionality enabled in its content will be equivalent on any given user's computer. You should not rely on the Software when making decisions regarding graphics, sound, or other hardware, peripherals, or settings, and doing so will be at your own risk.
Technical Protections. The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license, whether under this Agreement or under such additional terms, can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly and your license to the Software will automatically terminate.
Modifications to the Software; Termination. Updates, enhancements, and upgrades to the Software may be made available to you periodically. Licensor shall have the right at any time to disable, modify, or discontinue, temporarily or permanently, the Software (or any part thereof), but will do so for legitimate business reasons and will make commercially reasonable efforts to provide notice thereof. If the Software is discontinued, License may, but is not required to, provide alternative software or services that are, in Licensor’s sole discretion, of equivalent value. Without limiting the foregoing, Licensor may terminate your access to all or any part of the Software at any time, with or without cause.
User Created Content. The Software may allow you to create content or feedback, including but not limited to comments, "likes," or voting (“User Created Content”). You own your User Created Content; provided, however, that in exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright or publicity interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Created Content in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means now known or hereafter discovered, and to distribute your User Created Content without any further notice or compensation to you of any kind for the duration of all applicable intellectual property rights granted by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of your User Created Content in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this Agreement.
While using the Software, you may be able to view User Created Content of other users of the Software. Licensor bears no responsibility for the content of such User Created Content, and makes no representations regarding its relevance or suitability for any purpose. If another user is violating this Agreement by posting content prohibited by the Terms of Use section above, that user can be reported by sending an email to pcgdsupport@pcgamer.com.
Other Content or Service. Through your use of the Software, you may be able to access content or services provided through, or in connection with the Software, by third parties other than Licensor, including, without limitation, video or other interactive content. You understand and agree that you will not obtain, as a result of your use of the Software, any right, title, or interest in or to such other content or service delivered via the Software or in any intellectual property rights (including, without limitation, any copyrights or trademark rights) in and to such other content or service. You understand and agree that such other content or service shall be the responsibility of the entity that originated, provided, delivered, offered, sold, supplied, promoted, sponsored or advertised such other content or service, and shall not be the responsibility of Licensor. You agree that you will evaluate and bear all risks associated with the viewing or use of any such other content or service, including any reliance on the accuracy or completeness of such other content or service. Licensor expressly disclaims, to the maximum extent permitted by law, any liability for any such other content or service, including, without limitation, for any errors or omissions in any such other content or service, or for loss or damage or injury of any kind incurred as a result of the use of any such other content or service posted, transmitted, advertised or otherwise made available to you through or in connection with the Software.
Internet Connection. The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with Steam. If you do not maintain such connection and account, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
INFORMATION COLLECTION & USAGE
By installing and using this software, you consent to Licensor’s information collection and usage terms available at http://www.futureplc.com/futurenet/privacy-policy/.
WARRANTIES AND DISCLAIMERS
LIMITED WARRANTY: Licensor warrants to you that this Software is compatible with a personal computer meeting the minimum system requirements listed on the Software’s Steam store page at http://store.steampowered.com/app/92500/, however, due to variations in hardware, software, internet connections and individual usage, Licensor does not warrant the performance of this Software on your specific computer. To the maximum extent permitted by law, Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free; that the Software will be compatible with third party software or hardware; or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. This does not affect your statutory rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOU SPECIFICALLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (a) SOFTWARE CONFLICTS RELATED TO THE SOFTWARE; (b) DATA NON-DELIVERY, DATA MIS-DELIVERY, OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (c) INFRINGEMENT OF A THIRD-PARTY'S RIGHT; (d) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE APPLICATION OR CONTENT; (e) YOUR OWN USE OR MISUSE OF YOUR COMPUTER OR THE SOFTWARE CONTAINED ON YOUR COMPUTER; OR (f) THE UNAVAILABILITY OF THE STEAM PLATFORM, ACCOUNT, OR STORE, OR THE OF SOFTWARE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM IS TO STOP USING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE TO YOU FOR (a) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER LICENSOR WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE; AND (b) ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS US$100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability stated above. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Licensor may not, as a matter of applicable law, exclude the scope and duration of such warranties, the extent of Licensor's liability will be the minimum permitted under such law.
GENERAL
Termination. This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination, you must uninstall from computer the Software, accompanying documentation, associated materials, and all of its component parts.
Equitable Remedies. You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled to seek appropriate equitable remedies (including injunctive remedies) with respect to any breach of this Agreement, in addition to any other available remedies that Licensor may have under this Agreement or applicable law.
Indemnity. You hereby agree to release, indemnify, defend and hold harmless Licensor, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal representatives' fees and court costs (whether brought by third parties or otherwise) relating to or arising from your User Created Content or your breach of this Agreement.
Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties or by a revision posted by Licensor pursuant to this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, it shall be revised only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
Governing Law.
If you are a resident of the United States, this Agreement shall be construed under the laws of the State of California (without regard to conflicts or choice of law principles), as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and the parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
If you are not a resident of the United States, this Agreement shall be construed under the laws of England and Wales.
Disputes Subject to Arbitration.
If you are a resident of the United States, any and all disputes between you and Licensor, including, but not limited to claims that relate in any way to the relationship between you and Licensor, your use of the Software, and any advertising or content of the Software, regardless of legal or equitable theory, will be resolved through binding and final arbitration instead of through court proceedings. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE WE HAVE THAT IS SUBJECT TO THIS ARBITRATION AGREEMENT. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and Licensor have the right to bring qualifying claims in small claims court. Arbitration of any dispute or claim must be initiated within one year, or within the period of time provided by applicable statute of limitations, after the date on which the basis for the dispute or claim first arises, whichever is earlier. The arbitration will be conducted by the JAMS dispute resolution service. To initiate arbitration, you or Licensor must submit a claim to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California, USA, 94111, tel. 415-982-5267, with notice to the other party by certified mail. Notice to Licensor should be sent to Future US, Inc., Attn. General Counsel, 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080. For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/. These Terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by this Section. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. For any arbitration in which you claim less than $10,000, Licensor will reimburse you for the cost of your filing fee with JAMS and will directly pay all of JAMS' other costs and fees. For claims between $10,000 and $75,000, you will pay any filing fee required by JAMS, and Licensor will pay all of JAMS' other costs and fees. If you bring claims between $10,000 and $75,000 and the arbitrator determines that you cannot afford to pay the filing fee, Licensor will pay the fee directly on your behalf. If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of JAMS' costs and fees will be governed by the JAMS rules. Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse Licensor for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS Rules. If you bring a claim for greater than $75,000, payment of fees and other costs to JAMS will be governed by the JAMS rules. In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and Licensor of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA. No waiver of any provision of this Section shall be effective or enforceable unless recorded in a writing signed by the party waiving a right or requirement of this Section. Such a waiver shall not waive or affect any other portion of this Agreement. This Section will survive the termination of the Agreement and/or your relationship with Licensor.
If you are not a resident of the United States, any dispute arising out of or in connection with this Agreement (including any question relating to its existence, validity or termination but excluding the disputes set out below) will be heard before the courts of England and Wales. Furthermore, any such dispute may, if such a dispute cannot be resolved between us, be referred by either you or us to arbitration with the consent of the other party. Prior to any such reference, the parties will use their best efforts to agree the choice of arbitration rules, arbitration seat, number of arbitrators and governing law for the arbitration. Any dispute regarding the validity of Licensor's or your intellectual property rights, any claim for injunctive or equitable relief, or any allegations of theft, piracy or unauthorized use are expressly excluded from this provision unless otherwise agreed in writing by you and us.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT IN WRITING General Counsel, Future US, Inc., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, United States, legal@futureus.com; or General Counsel, Future plc, Beauford Court, 30 Monmouth Street, Bath BA1 2BW England, list.legal@futurenet.com.
WW License Agreement - Steam, Terms of Use, and Limited Software Warranty
Last revised October 7, 2011
THIS SOFTWARE IS LICENSED, NOT SOLD. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, TERMS OF USE AND LIMITED SOFTWARE WARRANTY (THE "AGREEMENT") AND THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE. This document may be updated from time to time. Your continued use of this Software thirty (30) days after a revised version has been posted constitutes acceptance by you of its terms. The "Software" includes all software, media files, interactive guides, and other files, electronic or on-line materials, or documentation included with this Agreement, and any and all copies of such Software and related materials.
LICENSE AND TERMS OF USE
License. Subject to this Agreement and its terms and conditions, Future US, Inc. (“Licensor”) hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for personal, non-commercial purposes. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you download, install or otherwise use the Software, and ends on the earlier date of either your disposal of the Software or Licensor’s termination of this Agreement. Your license terminates immediately if you violate any term of this Agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned. This Agreement is not and may not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
Ownership. Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights, except to the extent that such rights, title, or interest are subject to prior ownership by a third party. The Software is protected by United States copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Software without Licensor’s consent will be willfully violating copyright laws and may be subject to civil and criminal penalties in the US or their local country. Be advised that U.S. Copyright violations are subject to statutory penalties of up to $150,000 per violation. The Software contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
Use of the Software. By installing or using this software, you agree not to:
a. Commercially exploit the Software;
b. Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor;
c. Make a copy of the Software or any part thereof;
d. Make a copy of this Software available on a network for use or download by multiple users;
e. Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer at the same time;
f. Remove or circumvent or attempt to remove or circumvent any copy-protection or digital rights management features of the Software, or allow others to do the same;
g. Share the Software or any portion thereof with any third party;
h. Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part;
i. Remove or modify any proprietary notices, marks or labels contained on or within the Software;
j. Transport, export, or re-export (directly or indirectly) the Software into any country forbidden to receive such Software by any applicable export laws or accompanying regulations, or otherwise violate such laws or regulations; or
k. Resell your copy of the Software, independently or as part of any computer.
Eligibility; Authorized Users. You must be at least the applicable legal age to form a legally binding contract in your country of residence in order to access or use the Software. If you are not of legal age, your parent or guardian must accept this Agreement. By downloading, installing, or using the Software, you or your parent or guardian represent that you are of legal age to form a binding agreement, or that your parent or guardian has accepted this Agreement on your behalf. The Software may only be installed or used by the owner of the Steam account used to purchase the software; or, in the event that the Software was purchased as a gift, only by the gift recipient.
Certain content displayed through the Software may bear rating symbols as promulgated by the Entertainment Software Rating Board (ESRB) and/or the Pan European Game Information (PEGI). Descriptions of the ratings systems can be viewed at http://www.esrb.org/ratings/ratings_guide.jsp and http://www.pegi.info/en/index/id/33/. You agree that you will not view or use any content that is designated by the ESRB and/or PEGI to be inappropriate for your age, or the age of any other person viewing the content.
Steam Platform. In order to access and use the Software, you must have an active account on the Steam game distribution platform. The Software may only be purchased through the Steam Store, located at http://store.steampowered.com/.
Use of the Steam platform is subject to the terms and policies of Valve Corporation, which can be viewed at:
• Privacy Policy – http://www.valvesoftware.com/privacy.html
• Steam Subscriber Agreement – http://store.steampowered.com/subscriber_agreement
• Valve Legal Info – http://www.valvesoftware.com/legal.html
It is your sole responsibility to be aware of and comply with any terms set forth by Valve for the use of its Steam platform. Violation of the Steam Subscriber Agreement or any other terms of use set forth by Valve with respect to Steam could result in the loss of your ability to access or use the Software. In case of any conflict between the terms and policies of Valve Corporation and this Agreement in connection with the Software, the terms of this Agreement shall govern.
Licensor bears no responsibility for any harm resulting from your use of the Steam platform or Steam user accounts, and you agree not to assert any claim against Licensor arising from or relating to your use of the Steam platform or accounts. Licensor does not provide any support, maintenance, upgrades, or modifications for the Steam platform or accounts.
Payments. All payments for purchase of the Software are made through the Steam store at http://store.steampowered.com, and are governed by the Steam Subscriber Agreement at http://store.steampowered.com/subscriber_agreement. Licensor makes no representations regarding and bears no responsibility with respect to the processing of payments through the Steam store. For any issues or questions relating to payments, contact Valve Corporation directly.
Terms of Use. You are responsible for your use of the Software, and for any use of the Software made using your copy of the Software. Users of the Software must abide by certain rules of conduct in order to allow for the enjoyment of the Software by all of its users. When you use the Software, you may not:
• violate or infringe the intellectual property, privacy, publicity, or other legal rights of any third party;
• communicate anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising, promotional, or commercial communications, or conduct commercial activities and/or sales such as contests, sweepstakes, barter, advertising, promotional offers, or pyramid schemes;
• transmit any malicious or unsolicited software, or any website links to such software;
• stalk, harass, or harm another individual;
• impersonate or misrepresent your identity or affiliation with a third party;
• share with any third-party your username, password, or any access control information used to gain access to or use the Software;
• interfere with or disrupt the Software; or
• collect or harvest any personally identifiable information from the Software.
Licensor reserves the right to terminate access to the Software for any user who violates these Terms of Use, and/or to remove, delete, or prevent the display of any comments or other content posted by any user in violation of these Terms of Use.
Graphics. The Software may display content that is identified as resulting from particular graphics, sound, or other hardware, peripherals, or settings. Every computer, monitor, speaker system, and peripherals generates and enables content and functionality differently, and Licensor makes no representations that the graphics displayed, sounds generated, or speed or functionality enabled in its content will be equivalent on any given user's computer. You should not rely on the Software when making decisions regarding graphics, sound, or other hardware, peripherals, or settings, and doing so will be at your own risk.
Technical Protections. The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license, whether under this Agreement or under such additional terms, can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly and your license to the Software will automatically terminate.
Modifications to the Software; Termination. Updates, enhancements, and upgrades to the Software may be made available to you periodically. Licensor shall have the right at any time to disable, modify, or discontinue, temporarily or permanently, the Software (or any part thereof), but will do so for legitimate business reasons and will make commercially reasonable efforts to provide notice thereof. If the Software is discontinued, License may, but is not required to, provide alternative software or services that are, in Licensor’s sole discretion, of equivalent value. Without limiting the foregoing, Licensor may terminate your access to all or any part of the Software at any time, with or without cause.
User Created Content. The Software may allow you to create content or feedback, including but not limited to comments, "likes," or voting (“User Created Content”). You own your User Created Content; provided, however, that in exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright or publicity interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Created Content in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means now known or hereafter discovered, and to distribute your User Created Content without any further notice or compensation to you of any kind for the duration of all applicable intellectual property rights granted by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of your User Created Content in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this Agreement.
While using the Software, you may be able to view User Created Content of other users of the Software. Licensor bears no responsibility for the content of such User Created Content, and makes no representations regarding its relevance or suitability for any purpose. If another user is violating this Agreement by posting content prohibited by the Terms of Use section above, that user can be reported by sending an email to pcgdsupport@pcgamer.com.
Other Content or Service. Through your use of the Software, you may be able to access content or services provided through, or in connection with the Software, by third parties other than Licensor, including, without limitation, video or other interactive content. You understand and agree that you will not obtain, as a result of your use of the Software, any right, title, or interest in or to such other content or service delivered via the Software or in any intellectual property rights (including, without limitation, any copyrights or trademark rights) in and to such other content or service. You understand and agree that such other content or service shall be the responsibility of the entity that originated, provided, delivered, offered, sold, supplied, promoted, sponsored or advertised such other content or service, and shall not be the responsibility of Licensor. You agree that you will evaluate and bear all risks associated with the viewing or use of any such other content or service, including any reliance on the accuracy or completeness of such other content or service. Licensor expressly disclaims, to the maximum extent permitted by law, any liability for any such other content or service, including, without limitation, for any errors or omissions in any such other content or service, or for loss or damage or injury of any kind incurred as a result of the use of any such other content or service posted, transmitted, advertised or otherwise made available to you through or in connection with the Software.
Internet Connection. The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with Steam. If you do not maintain such connection and account, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
INFORMATION COLLECTION & USAGE
By installing and using this software, you consent to Licensor’s information collection and usage terms available at http://www.futureplc.com/futurenet/privacy-policy/.
WARRANTIES AND DISCLAIMERS
LIMITED WARRANTY: Licensor warrants to you that this Software is compatible with a personal computer meeting the minimum system requirements listed on the Software’s Steam store page at http://store.steampowered.com/app/92500/, however, due to variations in hardware, software, internet connections and individual usage, Licensor does not warrant the performance of this Software on your specific computer. To the maximum extent permitted by law, Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free; that the Software will be compatible with third party software or hardware; or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. This does not affect your statutory rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOU SPECIFICALLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (a) SOFTWARE CONFLICTS RELATED TO THE SOFTWARE; (b) DATA NON-DELIVERY, DATA MIS-DELIVERY, OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (c) INFRINGEMENT OF A THIRD-PARTY'S RIGHT; (d) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE APPLICATION OR CONTENT; (e) YOUR OWN USE OR MISUSE OF YOUR COMPUTER OR THE SOFTWARE CONTAINED ON YOUR COMPUTER; OR (f) THE UNAVAILABILITY OF THE STEAM PLATFORM, ACCOUNT, OR STORE, OR THE OF SOFTWARE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM IS TO STOP USING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE TO YOU FOR (a) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER LICENSOR WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE; AND (b) ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS US$100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability stated above. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Licensor may not, as a matter of applicable law, exclude the scope and duration of such warranties, the extent of Licensor's liability will be the minimum permitted under such law.
GENERAL
Termination. This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination, you must uninstall from computer the Software, accompanying documentation, associated materials, and all of its component parts.
Equitable Remedies. You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled to seek appropriate equitable remedies (including injunctive remedies) with respect to any breach of this Agreement, in addition to any other available remedies that Licensor may have under this Agreement or applicable law.
Indemnity. You hereby agree to release, indemnify, defend and hold harmless Licensor, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal representatives' fees and court costs (whether brought by third parties or otherwise) relating to or arising from your User Created Content or your breach of this Agreement.
Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties or by a revision posted by Licensor pursuant to this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, it shall be revised only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
Governing Law.
If you are a resident of the United States, this Agreement shall be construed under the laws of the State of California (without regard to conflicts or choice of law principles), as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and the parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
If you are not a resident of the United States, this Agreement shall be construed under the laws of England and Wales.
Disputes Subject to Arbitration.
If you are a resident of the United States, any and all disputes between you and Licensor, including, but not limited to claims that relate in any way to the relationship between you and Licensor, your use of the Software, and any advertising or content of the Software, regardless of legal or equitable theory, will be resolved through binding and final arbitration instead of through court proceedings. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE WE HAVE THAT IS SUBJECT TO THIS ARBITRATION AGREEMENT. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and Licensor have the right to bring qualifying claims in small claims court. Arbitration of any dispute or claim must be initiated within one year, or within the period of time provided by applicable statute of limitations, after the date on which the basis for the dispute or claim first arises, whichever is earlier. The arbitration will be conducted by the JAMS dispute resolution service. To initiate arbitration, you or Licensor must submit a claim to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California, USA, 94111, tel. 415-982-5267, with notice to the other party by certified mail. Notice to Licensor should be sent to Future US, Inc., Attn. General Counsel, 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080. For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/. These Terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by this Section. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. For any arbitration in which you claim less than $10,000, Licensor will reimburse you for the cost of your filing fee with JAMS and will directly pay all of JAMS' other costs and fees. For claims between $10,000 and $75,000, you will pay any filing fee required by JAMS, and Licensor will pay all of JAMS' other costs and fees. If you bring claims between $10,000 and $75,000 and the arbitrator determines that you cannot afford to pay the filing fee, Licensor will pay the fee directly on your behalf. If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of JAMS' costs and fees will be governed by the JAMS rules. Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse Licensor for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS Rules. If you bring a claim for greater than $75,000, payment of fees and other costs to JAMS will be governed by the JAMS rules. In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and Licensor of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA. No waiver of any provision of this Section shall be effective or enforceable unless recorded in a writing signed by the party waiving a right or requirement of this Section. Such a waiver shall not waive or affect any other portion of this Agreement. This Section will survive the termination of the Agreement and/or your relationship with Licensor.
If you are not a resident of the United States, any dispute arising out of or in connection with this Agreement (including any question relating to its existence, validity or termination but excluding the disputes set out below) will be heard before the courts of England and Wales. Furthermore, any such dispute may, if such a dispute cannot be resolved between us, be referred by either you or us to arbitration with the consent of the other party. Prior to any such reference, the parties will use their best efforts to agree the choice of arbitration rules, arbitration seat, number of arbitrators and governing law for the arbitration. Any dispute regarding the validity of Licensor's or your intellectual property rights, any claim for injunctive or equitable relief, or any allegations of theft, piracy or unauthorized use are expressly excluded from this provision unless otherwise agreed in writing by you and us.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT IN WRITING General Counsel, Future US, Inc., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, United States, legal@futureus.com; or General Counsel, Future plc, Beauford Court, 30 Monmouth Street, Bath BA1 2BW England, list.legal@futurenet.com.