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Where applicable, the Focus Home Interactive End User License Agreement is available here, and the Focus Home Interactive Privacy Policy can be found here.
COLD IRON STUDIOS END USER LICENSE AGREEMENT
Last Updated Date: August 18, 2021
IMPORTANT NOTICE: THESE TERMS AND YOUR USE OF THE GAME ARE SUBJECT TO BINDING ARBITRATION, A WAIVER OF CLASS ACTION RIGHTS, LIMITATIONS OF LIABILITY AND OTHER TERMS THAT LIMIT YOUR RIGHTS. PLEASE BE SURE TO READ THEM CAREFULLY BEFORE YOU ACCEPT.
This End User License Agreement (the “EULA” or “Agreement”) governs your use by the Aliens: Fireteam Elite video game, application, software, their associated upgrades, patches, and updates and related services (the “Game”) provided by Cold Iron Studios, LLC (“Cold Iron," “we” or “us”).
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept our EULA. This not only helps us preserve a healthy and fun environment for all of our players, it also allows us to continuously improve your player experience.
ACCEPTANCE. BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE GAME, YOU AFFIRM THAT YOU HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS EULA, AND AGREE TO BE BOUND BY IT. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OR UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO USE THE GAME UNLESS AND UNTIL YOUR PARENT OR GUARDIAN READS AND ACCEPTS THIS AGREEMENT ON YOUR BEHALF. IF YOU (OR WHEN APPLICABLE, YOUR PARENT OR GUARDIAN) DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, ACCESS OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOU HAVE PURCHASED THE GAME FROM A DIGITAL STOREFRONT, YOU MAY INQUIRE ABOUT A REFUND OF THE PURCHASE PRICE FROM THE APPLICABLE DIGITAL STOREFRONT. HOWEVER, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE DIGITAL STOREFRONT’S RETURN POLICY. IF YOU PURCHASED THE GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
WARNING. A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE SEIZURES, BLACKOUTS OR OTHER EPILEPTIC SYMPTOMS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS, INCLUDING IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION OR HAS HAD SEIZURES OF ANY KIND, CONSULT YOUR PHYSICIAN BEFORE PLAYING. IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: DIZZINESS, LIGHTHEADEDNESS, NAUSEA, OR A SENSATION SIMILAR TO MOTION SICKNESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, SEIZURES OR ANY INVOLUNTARY MOVEMENT OR CONVULSION, DISCOMFORT OR PAIN IN THE EYES, EARS, HANDS ARMS, OR ANY OTHER PART OF THE BODY, STOP PLAYING THE GAME IMMEDIATELY AND CONSULT YOUR PHYSICIAN. YOU MAY RESUME GAME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN.
EULA and Game Modifications. You acknowledge that Cold Iron reserves the right, in its discretion, to modify this EULA and to modify, suspend, or discontinue the Game, in whole or in part, at any time, and that you have no monetary or other interest, in any feature or content contained in the Game. Anytime changes are made to the EULA, we will post the new version on our website (at https://www.aliensfireteam.com/eula/ and update the “Last Updated” date. You are responsible to check the EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you must immediately uninstall and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.
Patches and Updates. Cold Iron may deploy or provide mandatory patches, updates, and modifications (“Updates”) to the Game that must be installed for you to continue to use the Game. Cold Iron may update the Game remotely without notifying you, and you hereby grant to Cold Iron consent to deploy and apply such patches, updates, and modifications. Broadband internet is required for such patches, updates, and modifications. You are responsible for any and all broadband access and usage fees.
Third-Party Hardware, Software and Services. In order for the Game to properly operate and access all available features, you may need an internet connection, and certain third-party hardware, software and/or services, including a game console or other applicable device meets the minimum technical specifications, third-party software or a game platform, such as Steam, with which you may be required to register (a “Game Platform”), all of which are governed under the terms and conditions imposed by the applicable provider. For example registration with the game platform is required to activate the game after installation on any new computer, authenticate your computer at any given time, access online features, play or unlock exclusive content. You acknowledge that those third-party terms and conditions, including age restrictions to access online services and features in compliance with local laws, may restrict your ability to exercise rights granted to you in relation to the Game under this Agreement, and that we have no control or responsibility for such third-party terms or the performance of any third-party hardware, software or services. You are solely responsible for any third-party costs you incur to use the game.
Intellectual Property Rights.
6.1.Limited License. Subject to the terms and conditions of this EULA, Cold Iron hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license to download and install the Game on your personal device(s) for your personal and noncommercial use, including to create Derivative Works as set forth below.
6.2.Derivative Works. We encourage our End Users to create and share fan art, fan fiction, video montages, Let’s Play videos, and other creative content with the video game community (“Derivative Works”). We also encourage streaming and recording your Game play and sharing it with the community through social media video streaming services such as YouTube.com or Twitch.tv. Those streams and videos containing gameplay or other excerpts or elements of our Game are also considered “Derivative Works”.
For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any Game play that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome). We only ask that, as a courtesy, you send us a note or @ us in a Tweet to let us know when you’re streaming so we have a chance to support and promote those who are supporting and promoting our Game.
We want you to create and express yourself freely, as long as your Derivative Works do not misappropriate, infringe or otherwise violate the rights of any other third party, including any copyrights, trademark rights, rights of publicity or privacy, or contractual rights. You retain all rights in and to your contributions to the Derivative Works. By sharing your Derivative Works with the community, you grant us an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your contributions to the Derivative Works solely in connection with our Game.
However, Derivative Works shared with the community must comply with this EULA. If you do not comply with any of the terms contained therein, we reserve the right to revoke the licenses granted and use any legal remedies available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein. In addition, you agree that you are solely responsible for obtaining any other licenses or releases necessary to create, publish and publicly perform your Derivative Works, and to grant us the rights granted above, and you will be liable for any claims that may arise out of your failure to do so.
6.3.Ownership. You acknowledge and agree that, (1) regardless of your purchase of any CD or DVD on which the Game is made available, the Game itself is licensed, not sold, to you, (2) while you may own the physical copy, no title or ownership is being transferred or assigned in the intellectual property rights in the underlying Game, or any elements of the Game (including without limitation any titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, sound or music, etc.), including those incorporated in Derivative Works, (3) between you and Cold Iron, Cold Iron owns and shall continue to own all rights, title and interest in and to the foregoing, including all copies thereof, and all use of Cold Iron’s trademarks shall inure to the benefit of, Cold Iron.
6.4.Reservation of Rights. ALL RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS AGREEMENT ARE RESERVED BY COLD IRON AND ITS LICENSORS.
6.5.Protection and Enforcement. The Game is protected by the copyright and other intellectual property laws of the United States, international treaties and other laws enforceable by Cold Iron and its licensors. Those licensors may also enforce the terms of this Agreement as third-party beneficiaries.
User Restrictions. You are prohibited from doing any of the following without Cold Iron’s express prior written consent or unless otherwise expressly permitted by applicable law, and you agree that the violation, or even attempted violation, of any of the following license limitations will result in the automatic termination of your license:
Except as expressly granted with respect to Derivative Works, you are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, derive source code from, decompile, or disassemble the Game, or exploit the Game for any commercial purpose, including any portion or elements thereof, including any third-party code embedded therein, or any reproductions or modifications thereof;
You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by Cold Iron;
You may not use exploits or cheats to gain an unfair advantage in the Game;
You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
designed to provide a player with an advantage; You may not remove, disable, circumvent any digital rights management software or other measures intended to protect the Game from piracy, or any proprietary notices or labels contained on or within the Game;
You may not export or re-export the Game in violation of any applicable laws or regulations of the United States government; and
You agree not to do any of the following actions while using the Game (i) harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity; (ii) transmit any Derivative Works or other content that Cold Iron considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable; (iii) impersonate any person or entity, including but not limited to Cold Iron; (iv) disrupt normal Game functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Game experience; (v) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (vi) intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Game; (vii) post multiple posts of the same content (i.e., “spam”); or (viii) invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
Parents and guardians of children under the age of majority in their jurisdiction or 18 years of age, whichever is older, agree that you will be responsible for all uses of the Game by your child whether or not such uses were authorized by you.
Term and Termination. This Agreement is effective until terminated by you or Cold Iron. Cold Iron may terminate this Agreement at any time in its discretion due to your breach or suspected breach of the terms of this EULA. You may terminate this Agreement at any time for any reason. This Agreement will terminate automatically if you attempt to circumvent any technical protection measures used in connection with the Game. Upon any termination of this Agreement, your license to use the Game will automatically terminate and you are required to immediately and permanently destroy all copies of the Game and any related documentation in your possession. Those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing disclaimer of warranties, limitation of liability, indemnification and ownership. Your continued use of the Game after any termination will be an infringement of Cold Iron’s copyrights and other rights in and to the Game.
Privacy Policy.This Agreement incorporates by reference Cold Iron’s Privacy Policy (at https://www.AliensFireteamElite.com/privacy-policy/ (our “Privacy Policy”). By accepting this EULA, you hereby acknowledge the terms of our Privacy Policy.
Consent to Monitor. When the Game is running, the Game Platform, Cold Iron, and their respective affiliates or contractors may monitor your use of the Game for uses that violate Section 6 (User Restrictions). You hereby grant the Game Platform, Cold Iron, and their affiliates and contractors permission to monitor your use of the Game for purposes of identifying such use and communicating potential violations to Cold Iron. Cold Iron, its affiliates and its contractors are under no obligation to monitor any system.
Collection of Anonymous Usage Data. Cold Iron may collect anonymous usage information from you when you download the Game and/or access it on the Game Platform. Such information may include your computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game. We do this in order to provide the best game experience possible. We also may use this information in connection with the enforcement of this EULA. Cold Iron may use any collected information to improve its products, to monitor any cheats, hacks or tampering, to administer the Game, to analyze trends, or to provide services to you. In addition, Cold Iron may also use this information for the purpose of research, development, administration, support and marketing of Cold Iron products and services.
To know more about your rights and how Cold Iron uses and protects your personal data, please consult our Privacy Policy.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. WITHOUT LIMITING THE FOREGOING, COLD IRON MAKES NO WARRANTY THAT THE GAME CAN BE ACCESSED OR USED ON ALL SYSTEMS, CONTROLLERS, OR DEVICES, BY MEANS OF ANY SPECIFIC INTERNET OR OTHER CONNECTION PROVIDER, OR IN ALL TERRITORIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COLD IRON, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, DISRUPTION OF SERVICE, DAMAGE TO YOUR DEVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL COLD IRON, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COLD IRON'S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU FOR THE GAME.
INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COLD IRON, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR OTHER USERS OF THE GAME OR ANY OTHER INDIVIDUAL OR ENTITY FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR VIOLATION OF THIS EULA OR OTHER ACTS OR OMISSIONS.
Basis of the Bargain. The terms of Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability) and Section 14 (Indemnification) are fundamental elements of the basis of the agreement between Cold Iron and you. Cold Iron would not be able to provide the Game on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Cold Iron's licensors, successors and assigns.
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
BINDING ARBITRATION AND CLASS ACTION WAIVER. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Game in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Game from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
17.1.Initial Dispute Resolution. Cold Iron's customer support is available (as set forth in Section 20 below) to address any concerns you may have regarding the Program. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2.Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiate pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Game shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions (the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
17.3.Arbitrator’s Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
17.4.Fees. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Cold Iron will pay the additional cost.
17.5.Acknowledgements. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.6.Location. Arbitration shall be initiated in Los Angeles County, California, and you and Cold Iron agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.7.Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COLD IRON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.8.Exception - Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Game under this Agreement. You acknowledge that Cold Iron may suffer irreparable damage if you breach of the license granted to you hereunder. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys' fees, Cold Iron shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
17.9.30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration", "Location", and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: Cold Iron Studios LLC, 4 North Second Street, Suite 450, San Jose, California United States 95113, Attn: Legal. The notice must be sent within 30 days of purchasing the Game (or if no purchase was made, then within 30 days of the date on which you first access or use the Game and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Cold Iron also will not be bound by them.
17.10.Changes to this Section. Cold Iron will provide 60-days’ notice of any changes to this Section 17. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
U.S. Government Restricted Rights. The Game and documentation have been developed entirely at private expense and are provided as “Commercial Computer Game” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph(c)(1)(ii) of the Rights in Technical Date and Computer Game clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Game Restricted Rights clauses at FAR 52.227-19, as applicable.
Miscellaneous. You may not assign this Agreement, in whole or in part, without Cold Iron's prior written consent and any attempted assignment in violation of this provision shall be null and void. Cold Iron may assign this Agreement, or any of its rights or obligations under this Agreement, without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement. Any provision found unlawful or unenforceable by a court or regulator of competent jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. Cold Iron’s licensors, game platforms and associated service providers are third party beneficiaries and may enforce these terms against you. This Agreement, together with all other agreements and policies referenced herein, represents the entire agreement between you and Cold Iron with respect to the Game and supersedes all prior agreements between you and Cold Iron relating to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. This Agreement may be amended only by a writing executed by both parties.
Customer Support. If you have any questions, concerns or complaints regarding our games or this agreement, contact us:
Email: customerservice@coldironstudios.com
Mail: Cold Iron Studios LLC
Attn: Customer Service
4 North Second Street, Suite 450
San Jose, California United States 95113
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.
© 2021 Cold Iron Studios LLC. All Rights Reserved
COLD IRON STUDIOS END USER LICENSE AGREEMENT
Last Updated Date: August 18, 2021
IMPORTANT NOTICE: THESE TERMS AND YOUR USE OF THE GAME ARE SUBJECT TO BINDING ARBITRATION, A WAIVER OF CLASS ACTION RIGHTS, LIMITATIONS OF LIABILITY AND OTHER TERMS THAT LIMIT YOUR RIGHTS. PLEASE BE SURE TO READ THEM CAREFULLY BEFORE YOU ACCEPT.
This End User License Agreement (the “EULA” or “Agreement”) governs your use by the Aliens: Fireteam Elite video game, application, software, their associated upgrades, patches, and updates and related services (the “Game”) provided by Cold Iron Studios, LLC (“Cold Iron," “we” or “us”).
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept our EULA. This not only helps us preserve a healthy and fun environment for all of our players, it also allows us to continuously improve your player experience.
ACCEPTANCE. BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE GAME, YOU AFFIRM THAT YOU HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS EULA, AND AGREE TO BE BOUND BY IT. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OR UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO USE THE GAME UNLESS AND UNTIL YOUR PARENT OR GUARDIAN READS AND ACCEPTS THIS AGREEMENT ON YOUR BEHALF. IF YOU (OR WHEN APPLICABLE, YOUR PARENT OR GUARDIAN) DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, ACCESS OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOU HAVE PURCHASED THE GAME FROM A DIGITAL STOREFRONT, YOU MAY INQUIRE ABOUT A REFUND OF THE PURCHASE PRICE FROM THE APPLICABLE DIGITAL STOREFRONT. HOWEVER, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE DIGITAL STOREFRONT’S RETURN POLICY. IF YOU PURCHASED THE GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
WARNING. A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE SEIZURES, BLACKOUTS OR OTHER EPILEPTIC SYMPTOMS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS, INCLUDING IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION OR HAS HAD SEIZURES OF ANY KIND, CONSULT YOUR PHYSICIAN BEFORE PLAYING. IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: DIZZINESS, LIGHTHEADEDNESS, NAUSEA, OR A SENSATION SIMILAR TO MOTION SICKNESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, SEIZURES OR ANY INVOLUNTARY MOVEMENT OR CONVULSION, DISCOMFORT OR PAIN IN THE EYES, EARS, HANDS ARMS, OR ANY OTHER PART OF THE BODY, STOP PLAYING THE GAME IMMEDIATELY AND CONSULT YOUR PHYSICIAN. YOU MAY RESUME GAME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN.
EULA and Game Modifications. You acknowledge that Cold Iron reserves the right, in its discretion, to modify this EULA and to modify, suspend, or discontinue the Game, in whole or in part, at any time, and that you have no monetary or other interest, in any feature or content contained in the Game. Anytime changes are made to the EULA, we will post the new version on our website (at https://www.aliensfireteam.com/eula/ and update the “Last Updated” date. You are responsible to check the EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you must immediately uninstall and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.
Patches and Updates. Cold Iron may deploy or provide mandatory patches, updates, and modifications (“Updates”) to the Game that must be installed for you to continue to use the Game. Cold Iron may update the Game remotely without notifying you, and you hereby grant to Cold Iron consent to deploy and apply such patches, updates, and modifications. Broadband internet is required for such patches, updates, and modifications. You are responsible for any and all broadband access and usage fees.
Third-Party Hardware, Software and Services. In order for the Game to properly operate and access all available features, you may need an internet connection, and certain third-party hardware, software and/or services, including a game console or other applicable device meets the minimum technical specifications, third-party software or a game platform, such as Steam, with which you may be required to register (a “Game Platform”), all of which are governed under the terms and conditions imposed by the applicable provider. For example registration with the game platform is required to activate the game after installation on any new computer, authenticate your computer at any given time, access online features, play or unlock exclusive content. You acknowledge that those third-party terms and conditions, including age restrictions to access online services and features in compliance with local laws, may restrict your ability to exercise rights granted to you in relation to the Game under this Agreement, and that we have no control or responsibility for such third-party terms or the performance of any third-party hardware, software or services. You are solely responsible for any third-party costs you incur to use the game.
Intellectual Property Rights.
6.1.Limited License. Subject to the terms and conditions of this EULA, Cold Iron hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license to download and install the Game on your personal device(s) for your personal and noncommercial use, including to create Derivative Works as set forth below.
6.2.Derivative Works. We encourage our End Users to create and share fan art, fan fiction, video montages, Let’s Play videos, and other creative content with the video game community (“Derivative Works”). We also encourage streaming and recording your Game play and sharing it with the community through social media video streaming services such as YouTube.com or Twitch.tv. Those streams and videos containing gameplay or other excerpts or elements of our Game are also considered “Derivative Works”.
For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any Game play that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome). We only ask that, as a courtesy, you send us a note or @ us in a Tweet to let us know when you’re streaming so we have a chance to support and promote those who are supporting and promoting our Game.
We want you to create and express yourself freely, as long as your Derivative Works do not misappropriate, infringe or otherwise violate the rights of any other third party, including any copyrights, trademark rights, rights of publicity or privacy, or contractual rights. You retain all rights in and to your contributions to the Derivative Works. By sharing your Derivative Works with the community, you grant us an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your contributions to the Derivative Works solely in connection with our Game.
However, Derivative Works shared with the community must comply with this EULA. If you do not comply with any of the terms contained therein, we reserve the right to revoke the licenses granted and use any legal remedies available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein. In addition, you agree that you are solely responsible for obtaining any other licenses or releases necessary to create, publish and publicly perform your Derivative Works, and to grant us the rights granted above, and you will be liable for any claims that may arise out of your failure to do so.
6.3.Ownership. You acknowledge and agree that, (1) regardless of your purchase of any CD or DVD on which the Game is made available, the Game itself is licensed, not sold, to you, (2) while you may own the physical copy, no title or ownership is being transferred or assigned in the intellectual property rights in the underlying Game, or any elements of the Game (including without limitation any titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, sound or music, etc.), including those incorporated in Derivative Works, (3) between you and Cold Iron, Cold Iron owns and shall continue to own all rights, title and interest in and to the foregoing, including all copies thereof, and all use of Cold Iron’s trademarks shall inure to the benefit of, Cold Iron.
6.4.Reservation of Rights. ALL RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS AGREEMENT ARE RESERVED BY COLD IRON AND ITS LICENSORS.
6.5.Protection and Enforcement. The Game is protected by the copyright and other intellectual property laws of the United States, international treaties and other laws enforceable by Cold Iron and its licensors. Those licensors may also enforce the terms of this Agreement as third-party beneficiaries.
User Restrictions. You are prohibited from doing any of the following without Cold Iron’s express prior written consent or unless otherwise expressly permitted by applicable law, and you agree that the violation, or even attempted violation, of any of the following license limitations will result in the automatic termination of your license:
Except as expressly granted with respect to Derivative Works, you are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, derive source code from, decompile, or disassemble the Game, or exploit the Game for any commercial purpose, including any portion or elements thereof, including any third-party code embedded therein, or any reproductions or modifications thereof;
You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by Cold Iron;
You may not use exploits or cheats to gain an unfair advantage in the Game;
You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
designed to provide a player with an advantage; You may not remove, disable, circumvent any digital rights management software or other measures intended to protect the Game from piracy, or any proprietary notices or labels contained on or within the Game;
You may not export or re-export the Game in violation of any applicable laws or regulations of the United States government; and
You agree not to do any of the following actions while using the Game (i) harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity; (ii) transmit any Derivative Works or other content that Cold Iron considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable; (iii) impersonate any person or entity, including but not limited to Cold Iron; (iv) disrupt normal Game functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Game experience; (v) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (vi) intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Game; (vii) post multiple posts of the same content (i.e., “spam”); or (viii) invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
Parents and guardians of children under the age of majority in their jurisdiction or 18 years of age, whichever is older, agree that you will be responsible for all uses of the Game by your child whether or not such uses were authorized by you.
Term and Termination. This Agreement is effective until terminated by you or Cold Iron. Cold Iron may terminate this Agreement at any time in its discretion due to your breach or suspected breach of the terms of this EULA. You may terminate this Agreement at any time for any reason. This Agreement will terminate automatically if you attempt to circumvent any technical protection measures used in connection with the Game. Upon any termination of this Agreement, your license to use the Game will automatically terminate and you are required to immediately and permanently destroy all copies of the Game and any related documentation in your possession. Those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing disclaimer of warranties, limitation of liability, indemnification and ownership. Your continued use of the Game after any termination will be an infringement of Cold Iron’s copyrights and other rights in and to the Game.
Privacy Policy.This Agreement incorporates by reference Cold Iron’s Privacy Policy (at https://www.AliensFireteamElite.com/privacy-policy/ (our “Privacy Policy”). By accepting this EULA, you hereby acknowledge the terms of our Privacy Policy.
Consent to Monitor. When the Game is running, the Game Platform, Cold Iron, and their respective affiliates or contractors may monitor your use of the Game for uses that violate Section 6 (User Restrictions). You hereby grant the Game Platform, Cold Iron, and their affiliates and contractors permission to monitor your use of the Game for purposes of identifying such use and communicating potential violations to Cold Iron. Cold Iron, its affiliates and its contractors are under no obligation to monitor any system.
Collection of Anonymous Usage Data. Cold Iron may collect anonymous usage information from you when you download the Game and/or access it on the Game Platform. Such information may include your computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game. We do this in order to provide the best game experience possible. We also may use this information in connection with the enforcement of this EULA. Cold Iron may use any collected information to improve its products, to monitor any cheats, hacks or tampering, to administer the Game, to analyze trends, or to provide services to you. In addition, Cold Iron may also use this information for the purpose of research, development, administration, support and marketing of Cold Iron products and services.
To know more about your rights and how Cold Iron uses and protects your personal data, please consult our Privacy Policy.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. WITHOUT LIMITING THE FOREGOING, COLD IRON MAKES NO WARRANTY THAT THE GAME CAN BE ACCESSED OR USED ON ALL SYSTEMS, CONTROLLERS, OR DEVICES, BY MEANS OF ANY SPECIFIC INTERNET OR OTHER CONNECTION PROVIDER, OR IN ALL TERRITORIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COLD IRON, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, DISRUPTION OF SERVICE, DAMAGE TO YOUR DEVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL COLD IRON, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COLD IRON'S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU FOR THE GAME.
INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COLD IRON, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR OTHER USERS OF THE GAME OR ANY OTHER INDIVIDUAL OR ENTITY FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR VIOLATION OF THIS EULA OR OTHER ACTS OR OMISSIONS.
Basis of the Bargain. The terms of Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability) and Section 14 (Indemnification) are fundamental elements of the basis of the agreement between Cold Iron and you. Cold Iron would not be able to provide the Game on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Cold Iron's licensors, successors and assigns.
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
BINDING ARBITRATION AND CLASS ACTION WAIVER. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Game in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Game from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
17.1.Initial Dispute Resolution. Cold Iron's customer support is available (as set forth in Section 20 below) to address any concerns you may have regarding the Program. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2.Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiate pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Game shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions (the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
17.3.Arbitrator’s Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
17.4.Fees. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Cold Iron will pay the additional cost.
17.5.Acknowledgements. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.6.Location. Arbitration shall be initiated in Los Angeles County, California, and you and Cold Iron agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.7.Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COLD IRON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.8.Exception - Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Game under this Agreement. You acknowledge that Cold Iron may suffer irreparable damage if you breach of the license granted to you hereunder. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys' fees, Cold Iron shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
17.9.30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration", "Location", and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: Cold Iron Studios LLC, 4 North Second Street, Suite 450, San Jose, California United States 95113, Attn: Legal. The notice must be sent within 30 days of purchasing the Game (or if no purchase was made, then within 30 days of the date on which you first access or use the Game and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Cold Iron also will not be bound by them.
17.10.Changes to this Section. Cold Iron will provide 60-days’ notice of any changes to this Section 17. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
U.S. Government Restricted Rights. The Game and documentation have been developed entirely at private expense and are provided as “Commercial Computer Game” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph(c)(1)(ii) of the Rights in Technical Date and Computer Game clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Game Restricted Rights clauses at FAR 52.227-19, as applicable.
Miscellaneous. You may not assign this Agreement, in whole or in part, without Cold Iron's prior written consent and any attempted assignment in violation of this provision shall be null and void. Cold Iron may assign this Agreement, or any of its rights or obligations under this Agreement, without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement. Any provision found unlawful or unenforceable by a court or regulator of competent jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. Cold Iron’s licensors, game platforms and associated service providers are third party beneficiaries and may enforce these terms against you. This Agreement, together with all other agreements and policies referenced herein, represents the entire agreement between you and Cold Iron with respect to the Game and supersedes all prior agreements between you and Cold Iron relating to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. This Agreement may be amended only by a writing executed by both parties.
Customer Support. If you have any questions, concerns or complaints regarding our games or this agreement, contact us:
Email: customerservice@coldironstudios.com
Mail: Cold Iron Studios LLC
Attn: Customer Service
4 North Second Street, Suite 450
San Jose, California United States 95113
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.
© 2021 Cold Iron Studios LLC. All Rights Reserved