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OUT OF TIME END USER LICENSE AGREEMENT
Effective Date: September 1, 2025
This End User License Agreement, and our Terms of Service and Privacy Policy located at outoftime.com and incorporated here (collectively, the “Agreement”) outline the terms by which Manticore Games, Inc. (“Manticore” or “we” or “us”) offer you the right to download, install, and use Out of Time (the “Game”).
If you downloaded or installed the Game from another company (such as the Epic Games’ Store or Valve’s Steam), those companies’ terms also apply and, for such platform-specific features, will take precedence over the Agreement for issues related to the use of such platforms and their intellectual property.
Please read the Agreement (and any other applicable terms) carefully before installing or using the Game. If you are under the legal age of majority in your country or state of residence, your parent or legal guardian must consent to the Agreement. If you (or your parent or legal guardian, on your behalf) do not agree with all of the terms of the Agreement, do not install or otherwise access the Game and contact your place of purchase regarding its return policy.
Please note that this Agreement contains a binding arbitration agreement and class action waiver in the section called “Dispute Resolution.” This Agreement alters your rights with respect to any ‘dispute’ between you and Manticore and may require that you resolve disputes in binding, individual arbitration, and not in court.
1. License, Conditions, Ownership, and Changes to the Game and its Availability
License Grant
The Game (including its related content and services) is licensed to you, not sold. Manticore grants you a personal, limited, non-transferable (i.e. not for sharing unless we expressly permit you to do so), revocable and non-exclusive license to use the Game for your non-commercial use, subject to your compliance with the Agreement.
License Conditions
You may not do or attempt to do any of the following with respect to the Game or any of its features or functionality:
(a) use it commercially or for promotional purposes except as we expressly authorize you to;
(b) copy, reproduce, distribute (including via a network server), display or use it in a way that is not expressly authorized in the Agreement;
(c) sell, rent, lease, license, distribute or otherwise transfer it;
(d) reverse engineer, derive source code from, modify, adapt, translate, decompile or disassemble it or make derivative works based on it;
(e) remove, disable, circumvent, or modify any proprietary notice or security technology included in it;
(f) create, develop, distribute or use any unauthorized software programs to gain advantage in any online or other game modes;
(g) use it to infringe or violate the rights of any third-party, including but not limited to any intellectual property, publicity, or privacy rights;
(h) use, export, or re-export it in violation of any applicable law or regulation; or
(i) behave in a manner which is detrimental to the enjoyment of the Game by other players as intended by us, in our sole judgment, including but not limited to the following - harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by us and which interfere with the outcome and/or the course of the Game (including cheats, programs, methods, processes, bots, scripts, or mods not expressly authorized by us) by giving you and/or another player or your team an advantage over other players who do not use such methods, or making or otherwise contributing to such unauthorized software.
Changes to the Game and its Availability
Manticore can change, modify, suspend, or discontinue any aspect of the Game at any time, including removing items, or revising the effectiveness of items in an effort to balance or ensure the integrity of the Game. We may also require you to install patches or updates, impose limits on certain features, or restrict your access to parts or all of the Game without notice or liability. You acknowledge that your use of the Game does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Game. Except as we have otherwise stated in this Agreement, we do not guarantee that the Game or any particular features or components of the Game will be available at all times, at any given time, or in all countries and/or geographic locations, or that we will continue to offer, maintain, or support the Game (or any features or components thereof) for any particular length of time. In other words, availability of the Game is subject to change at any time, though we will use reasonable efforts to provide you prior notice unless it is not feasible or possible to do so.
Game Currency and Content
We may offer you the ability to acquire licenses to in-game currency (“Game Currency”) or content, assets, or other virtual items (“Content”), such as by earning a limited license to use Game Currency by performing or accomplishing specific tasks in the Game. We may facilitate the exchange of certain content through the Game. You may only use such Game Currency or Content through the Game. When you earn such Game Currency or Content, you are obtaining from us the right to have your Game license include such Game Currency or Content.
Neither Game Currency or Content are exchangeable, transferable, or redeemable for money or monetary value from us or any other person under any circumstances, except as otherwise required by applicable law. Game Currency and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither we nor any other person or entity has any obligation to exchange Game Currency for anything of value, including but not limited to, real currency. You agree that we may engage in actions that impact the perceived value or purchase price, if applicable, of Game Currency and Content at any time, except as prohibited by applicable law. We, in our sole discretion, may impose limits on the amount of Game Currency or Content that may be earned, accumulated, redeemed or otherwise used. Except as otherwise prohibited by applicable law, we, in our sole discretion, have the absolute right to manage, modify, substitute, replace, suspend, cancel, or eliminate Game Currency or Content, including your ability to access or use Game Currency or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Content except within the Game and as expressly permitted by us.
Except as otherwise prohibited by applicable law, we reserve and retain all rights, title, and interest, property or otherwise, in and to the Game Currency and Content. The license to Game Currency and Content under this license will terminate upon termination of the Agreement and as otherwise provided herein.
Communications Monitoring
In countries, territories, or other jurisdictions where consent or specific notice is required for monitoring or recording of communications, you hereby provide your express consent or acknowledge that notice has been provided to such monitoring or recording by accepting the Agreement and continuing to play the Game.
Ownership
Manticore or its licensors own and reserve all other rights, including all right, title, and interest in the Game and its related intellectual property rights.
Code of Conduct
Your use of the Game is subject to Manticore's Code of Conduct and in-game policies, which are incorporated by reference into this Agreement. Any violation of our in-game policies may result in suspension and/or termination of your Game license.
2. Limited Warranty and Limitation of Liability
Nothing in the Agreement will prejudice the statutory rights that you may have as a consumer of the Game. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall only apply to the extent permitted by the laws of such jurisdictions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF CONDITION, ERROR-FREE OR UNINTERRUPTED USE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME REMAINS WITH THE PLAYER.
To the maximum extent allowed under applicable law, Manticore, its licensees, and affiliates shall not be liable for any loss or damage arising out of your use of, or your inability to access or use, the Game. Our liability shall never exceed the total fees paid by you to us during the six (6) months before you make a claim against us unless applicable law specifically disallows this limitation (in which case our liability will be limited to the fullest extent permitted by applicable law).
3. Indemnity
You hereby agree to defend and indemnify Manticore, its licensees, and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by us arising out of or from any violation by you of the Agreement or your misuse of the Game (or any specific services or features associated with the Game).
4. Equitable Remedies
You acknowledge and agree that if the terms of the Agreement were not specifically followed and enforced, Manticore would be irreparably damaged. If that occurred, you agree that Manticore will be entitled, without having to post a bond or other security, or proof of damages, to equitable relief in the event you breach this Agreement, and that awarding us equitable relief will not limit our ability to receive remedies that are otherwise available to us under applicable laws.
5. Changes to the Agreement
From time to time as the Game and our business evolve, we may update the Agreement. This Agreement will terminate automatically upon the introduction of an updated agreement. Updated agreements cannot be applied retroactively and cannot alter the process for resolving a Dispute (as defined in Section 7 below) between us if you have already notified us of such Dispute. Your continued use of the Game after we have published an updated agreement constitutes your acceptance of the updated agreement.
6. Term and Termination
The Agreement is effective upon your downloading the Game, and will remain in effect until it is terminated or replaced by a new agreement, or, if neither of those events occur, for as long as you continue to play the Game. In the event that Manticore chooses to stop providing the Game, or license to a third party the right to host the Game, we will use reasonable efforts to give you prior notice, unless the discontinuation is because of circumstances beyond Manticore’s control or such advance notice is not feasible or impossible.
You can terminate this Agreement at any time by sending Manticore an email at legal@manticoregames.com and by uninstalling the Game, but the Dispute Resolution provisions of the Agreement will survive termination and will apply to all Disputes that arose or could have been initiated prior to termination.
We reserve the right to terminate the Agreement at any time for any reason, or for no reason, with or without notice to you. In case of minor violations of these rules, Manticore may provide you with a prior warning and/or suspend your use of the Game due to your non-compliance prior to terminating your access to the Game or terminating the Agreement.
Subject to any statutory refund rights, if the Agreement is terminated, any right that you may have had to pre-purchased Game access or virtual goods (such as Game Currency or Content) are forfeit, and you acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of the Agreement. Additionally, you will not be able to use the Game. The Dispute Resolution provisions of the Agreement will survive termination and will apply to all Disputes that arose or could have been initiated prior to termination.
7. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
Binding Arbitration and Class Action Waiver We hope we never have a dispute, but if we do, you and we agree to try to resolve it informally for sixty (60) days following receipt of a Notice of Dispute. If we can’t resolve it during that time, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide the dispute and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
Disputes Covered - Everything Except IP The term “dispute” is intended to be interpreted as broadly as possible. It includes any claim or controversy between you and us that in any way relates to or arises from any aspect of our relationship including, without limitation, your use or attempted use of the Game, all related marketing and promotion, any licensed content, and all matters relating to or arising from the Agreement, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our or our licensors’ intellectual property rights.
Notice of Dispute If we have a dispute with you, we will send notice of that dispute to the email address that has been provided to us. If you have a dispute that we cannot resolve and you wish to pursue arbitration, you must notify us in writing at the following email address: legal@manticoregames.com, using the subject line “Notice of Dispute.” Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address associated with the Game, and your residential address. The Notice of Dispute must also describe the dispute, explain the facts of the dispute as you understand them, and tell us how you would propose to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted, individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Dispute Resolution section.
Small Claims Court Option Instead of sending a Notice of Dispute, either you or we may sue the other in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your country of residence.
Arbitration Procedure The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call +1 800 778 7879. This Dispute Resolution section and the Agreement govern to the extent that they conflict with any applicable AAA rules. To initiate an arbitration, File a Case at www.adr.org and email a copy to legal@manticoregames.com. The claim must contain information specific to you. In a dispute involving US$25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will take place in your county of residence. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties. The arbitrator rules on all arbitrability issues (including scope, validity, and enforceability of this arbitration agreement) except that a court has exclusive authority: (i) to decide whether the parties have complied with pre-arbitration requirements (including the individualized Notice of Dispute and demand for arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Dispute Resolution section.
If your Notice of Dispute involves claims similar to those of at least twenty-four (24) other players, and if you and those other players are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules, as modified by these terms. For more information, see https://www.adr.org/mass-arbitration or call +1 800 778 7879. Related Cases may only be filed in batches of up to fifty (50) individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to twenty-five (25) of the Related Cases to be filed and resolved in individual arbitrations under this Dispute Resolution section; (ii) none of the other Related Cases may be filled or prosecuted in arbitration until the first batch of up to fifty (50) individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Case may be filed, where each side may select up to twenty-five (25) of the Related Cases to be resolved in individual arbitrations under this Dispute Resolution section. This process of batched individual arbitrations will continue until the parties resolve all Related cases informally or through individual arbitrations, or unless AAA or an arbitrator appointed by AAA directs otherwise following arbitration of the second batch of Related Cases. A court has exclusive authority to enjoin the filing or prosecution of arbitrations that do not comply with this section.
Arbitration Fees and Payments
Disputes Involving Less Than US$75,000 We will promptly reimburse your arbitration filing fees if: (i) the dispute involves less than $75,000; and before initiating arbitration (ii) you complied with all pre-arbitration requirements in this Dispute Resolution section, including, if applicable, the Related Cases section. Otherwise, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Disputes Involving $75,000 or More The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Opting Out/Rejecting Future Arbitration Changes If you are a new player to the Game, you may opt out of arbitration under this Dispute Resolution section by personally signing and sending us notice within thirty (30) days from the date of your first use of the Game by email to legal@manticoregames.com. If you are an existing player of the Game, you may reject any change we make to this Dispute Resolution section by personally signing and sending us notice within thirty (30) days of the change by email to legal@manticoregames.com. If you do, the most recent version of this Dispute Resolution section before the change you rejected will apply.
8. Severability. If, after exhaustion, of all appeals, any part of this Dispute Resolution section is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any party of this Dispute Resolution section is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
9. Choice of Law and Venue for Non-Arbitrable Disputes
Unless we have specifically said otherwise elsewhere in the Agreement, all Disputes will be governed by the laws of the State of California and the United States of America, without regard to choice of law principles. We expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
If you live in the United States, for any claims which are not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you live, you and Manticore agree to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California, and we each agree to venue in and personal jurisdiction before those courts (without prejudicing either party’s rights to remove a case to a federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. Players who access the Game from outside of the United States are responsible for complying with their applicable local laws. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.
10. General
Export Restrictions You understand and agree that the Game may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import law and regulations, including but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Game under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions or embargo, unless your use of the Game in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, directly or indirectly acting or purporting to act for or on behalf of, a government (including any subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party subject to U.S. sanctions or embargo or any other entity in a sanctioned or embargoed country or region or subject to U.S. sanctions or embargo; and (4) will not use the Game in connection with an end-use prohibited by U.S. law.
Assignment Manticore may assign the Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Manticore’s prior, written consent. Any such assignment without Manticore’s prior, written consent shall be void.
Waiver Our failure to enforce a provision of the Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Manticore may choose to waive enforcement of a provision of the Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Notices
If to Manticore: except as expressly set forth to the contrary herein, all notices given by you under the Agreement shall be in writing and addressed to Manticore Games, Inc., 1800 Gateway Drive, San Mateo, CA 94404, Attention: Legal.
If to you: except as expressly set forth to the contrary herein, all notices given by Manticore under the Agreement shall be given to you either through written notice, email, or web post.
Force Majeure Manticore shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riot, embargoes, acts of civil or military authorities, accidents, acts of nature, epidemics, fire, floods, pandemics, strikes, or shortages of facilities, fuel, energy, labor, or materials.
Severability Except as expressly set forth to the contrary herein, if any part of the Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Survival The provisions of Sections regarding Ownership, Limited Warranty, Limitation of Liability, Indemnity, Equitable Remedies, Dispute Resolution, Governing Law, and General shall survive termination of the Agreement for any reason.
Entire Agreement The Agreement, along with any additional terms set forth on our or our licensee’s website(s), constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
11. Unreal Editor Terms, Disclaimers, and Warranties
The Game uses the Unreal® Engine Code, Editor, Epic Content, and other code, materials and information (collectively, “Epic Materials”) from Epic. All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Manticore, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Manticore, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (2) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Manticore and Epic. Manticore, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Manticore, Epic, Epic’s licensors, nor its or their affiliates, nor any of Manticore’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Manticore, Epic, Epic’s licensors, nor its or their affiliates, nor any of Manticore’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Manticore’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Manticore, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Manticore, Epic, Epic’s licensors, its and their affiliates, and any of Manticore’s or Epic’s service providers shall be limited to the full extent permitted by law.
Use of the Editor (defined below) is subject to the Unreal® Engine End User License Agreement ("UE EULA"), which may be found at www.unrealengine.com/eula. By downloading or using the Editor, you also agree to the UE EULA. Use of the Marketplace (defined below) is subject to Epic's Terms of Service, which may be found at www.epicgames.com/site/tos. By using the Marketplace, you also agree to Epic's Terms of Service.
Notwithstanding the terms of the UE EULA, you may not use the Editor or any Epic Content (a) with or in connection to any games, projects, products, or services other than the Game, or (b) to create or develop any separate or standalone games, projects, products, or services. Your breach of the foregoing will constitute a material breach of both the UE EULA and this Agreement. If you have entered into the UE EULA, then upon termination of this Agreement, your license under the UE EULA to use the Editor and any Epic Content will immediately terminate; provided, however, that such termination will not terminate any license you may have under the UE EULA with respect to your use of other versions of the Unreal® Engine.
“Editor” means the Game-specific version of the Unreal Editor that the Game makes available for you to access or download for your use with the Game. The term Editor specifically does not include (i) other versions of the Unreal Editor, or (ii) Game or other content that Manticore makes available to you.
"Epic" means, depending on the location of your primary residence:
a. If you reside in the United States, Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or
b. If you reside outside the United States, Epic Games Commerce GmbH, a Swiss company with limited liability having its principal business offices at Platz 10, 6039 Root D4, Switzerland, together with its affiliates.
"Epic Content" means any artwork or other content asset that Epic makes available for you to access or download through the Game or Marketplace for your use with the Game.
"Marketplace" means a digital marketplace maintained by Epic or its affiliates through which, among other things, Epic makes the Editor and certain Epic Content available for use.
Effective Date: September 1, 2025
This End User License Agreement, and our Terms of Service and Privacy Policy located at outoftime.com and incorporated here (collectively, the “Agreement”) outline the terms by which Manticore Games, Inc. (“Manticore” or “we” or “us”) offer you the right to download, install, and use Out of Time (the “Game”).
If you downloaded or installed the Game from another company (such as the Epic Games’ Store or Valve’s Steam), those companies’ terms also apply and, for such platform-specific features, will take precedence over the Agreement for issues related to the use of such platforms and their intellectual property.
Please read the Agreement (and any other applicable terms) carefully before installing or using the Game. If you are under the legal age of majority in your country or state of residence, your parent or legal guardian must consent to the Agreement. If you (or your parent or legal guardian, on your behalf) do not agree with all of the terms of the Agreement, do not install or otherwise access the Game and contact your place of purchase regarding its return policy.
Please note that this Agreement contains a binding arbitration agreement and class action waiver in the section called “Dispute Resolution.” This Agreement alters your rights with respect to any ‘dispute’ between you and Manticore and may require that you resolve disputes in binding, individual arbitration, and not in court.
1. License, Conditions, Ownership, and Changes to the Game and its Availability
License Grant
The Game (including its related content and services) is licensed to you, not sold. Manticore grants you a personal, limited, non-transferable (i.e. not for sharing unless we expressly permit you to do so), revocable and non-exclusive license to use the Game for your non-commercial use, subject to your compliance with the Agreement.
License Conditions
You may not do or attempt to do any of the following with respect to the Game or any of its features or functionality:
(a) use it commercially or for promotional purposes except as we expressly authorize you to;
(b) copy, reproduce, distribute (including via a network server), display or use it in a way that is not expressly authorized in the Agreement;
(c) sell, rent, lease, license, distribute or otherwise transfer it;
(d) reverse engineer, derive source code from, modify, adapt, translate, decompile or disassemble it or make derivative works based on it;
(e) remove, disable, circumvent, or modify any proprietary notice or security technology included in it;
(f) create, develop, distribute or use any unauthorized software programs to gain advantage in any online or other game modes;
(g) use it to infringe or violate the rights of any third-party, including but not limited to any intellectual property, publicity, or privacy rights;
(h) use, export, or re-export it in violation of any applicable law or regulation; or
(i) behave in a manner which is detrimental to the enjoyment of the Game by other players as intended by us, in our sole judgment, including but not limited to the following - harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by us and which interfere with the outcome and/or the course of the Game (including cheats, programs, methods, processes, bots, scripts, or mods not expressly authorized by us) by giving you and/or another player or your team an advantage over other players who do not use such methods, or making or otherwise contributing to such unauthorized software.
Changes to the Game and its Availability
Manticore can change, modify, suspend, or discontinue any aspect of the Game at any time, including removing items, or revising the effectiveness of items in an effort to balance or ensure the integrity of the Game. We may also require you to install patches or updates, impose limits on certain features, or restrict your access to parts or all of the Game without notice or liability. You acknowledge that your use of the Game does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Game. Except as we have otherwise stated in this Agreement, we do not guarantee that the Game or any particular features or components of the Game will be available at all times, at any given time, or in all countries and/or geographic locations, or that we will continue to offer, maintain, or support the Game (or any features or components thereof) for any particular length of time. In other words, availability of the Game is subject to change at any time, though we will use reasonable efforts to provide you prior notice unless it is not feasible or possible to do so.
Game Currency and Content
We may offer you the ability to acquire licenses to in-game currency (“Game Currency”) or content, assets, or other virtual items (“Content”), such as by earning a limited license to use Game Currency by performing or accomplishing specific tasks in the Game. We may facilitate the exchange of certain content through the Game. You may only use such Game Currency or Content through the Game. When you earn such Game Currency or Content, you are obtaining from us the right to have your Game license include such Game Currency or Content.
Neither Game Currency or Content are exchangeable, transferable, or redeemable for money or monetary value from us or any other person under any circumstances, except as otherwise required by applicable law. Game Currency and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither we nor any other person or entity has any obligation to exchange Game Currency for anything of value, including but not limited to, real currency. You agree that we may engage in actions that impact the perceived value or purchase price, if applicable, of Game Currency and Content at any time, except as prohibited by applicable law. We, in our sole discretion, may impose limits on the amount of Game Currency or Content that may be earned, accumulated, redeemed or otherwise used. Except as otherwise prohibited by applicable law, we, in our sole discretion, have the absolute right to manage, modify, substitute, replace, suspend, cancel, or eliminate Game Currency or Content, including your ability to access or use Game Currency or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Content except within the Game and as expressly permitted by us.
Except as otherwise prohibited by applicable law, we reserve and retain all rights, title, and interest, property or otherwise, in and to the Game Currency and Content. The license to Game Currency and Content under this license will terminate upon termination of the Agreement and as otherwise provided herein.
Communications Monitoring
In countries, territories, or other jurisdictions where consent or specific notice is required for monitoring or recording of communications, you hereby provide your express consent or acknowledge that notice has been provided to such monitoring or recording by accepting the Agreement and continuing to play the Game.
Ownership
Manticore or its licensors own and reserve all other rights, including all right, title, and interest in the Game and its related intellectual property rights.
Code of Conduct
Your use of the Game is subject to Manticore's Code of Conduct and in-game policies, which are incorporated by reference into this Agreement. Any violation of our in-game policies may result in suspension and/or termination of your Game license.
2. Limited Warranty and Limitation of Liability
Nothing in the Agreement will prejudice the statutory rights that you may have as a consumer of the Game. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall only apply to the extent permitted by the laws of such jurisdictions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF CONDITION, ERROR-FREE OR UNINTERRUPTED USE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME REMAINS WITH THE PLAYER.
To the maximum extent allowed under applicable law, Manticore, its licensees, and affiliates shall not be liable for any loss or damage arising out of your use of, or your inability to access or use, the Game. Our liability shall never exceed the total fees paid by you to us during the six (6) months before you make a claim against us unless applicable law specifically disallows this limitation (in which case our liability will be limited to the fullest extent permitted by applicable law).
3. Indemnity
You hereby agree to defend and indemnify Manticore, its licensees, and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by us arising out of or from any violation by you of the Agreement or your misuse of the Game (or any specific services or features associated with the Game).
4. Equitable Remedies
You acknowledge and agree that if the terms of the Agreement were not specifically followed and enforced, Manticore would be irreparably damaged. If that occurred, you agree that Manticore will be entitled, without having to post a bond or other security, or proof of damages, to equitable relief in the event you breach this Agreement, and that awarding us equitable relief will not limit our ability to receive remedies that are otherwise available to us under applicable laws.
5. Changes to the Agreement
From time to time as the Game and our business evolve, we may update the Agreement. This Agreement will terminate automatically upon the introduction of an updated agreement. Updated agreements cannot be applied retroactively and cannot alter the process for resolving a Dispute (as defined in Section 7 below) between us if you have already notified us of such Dispute. Your continued use of the Game after we have published an updated agreement constitutes your acceptance of the updated agreement.
6. Term and Termination
The Agreement is effective upon your downloading the Game, and will remain in effect until it is terminated or replaced by a new agreement, or, if neither of those events occur, for as long as you continue to play the Game. In the event that Manticore chooses to stop providing the Game, or license to a third party the right to host the Game, we will use reasonable efforts to give you prior notice, unless the discontinuation is because of circumstances beyond Manticore’s control or such advance notice is not feasible or impossible.
You can terminate this Agreement at any time by sending Manticore an email at legal@manticoregames.com and by uninstalling the Game, but the Dispute Resolution provisions of the Agreement will survive termination and will apply to all Disputes that arose or could have been initiated prior to termination.
We reserve the right to terminate the Agreement at any time for any reason, or for no reason, with or without notice to you. In case of minor violations of these rules, Manticore may provide you with a prior warning and/or suspend your use of the Game due to your non-compliance prior to terminating your access to the Game or terminating the Agreement.
Subject to any statutory refund rights, if the Agreement is terminated, any right that you may have had to pre-purchased Game access or virtual goods (such as Game Currency or Content) are forfeit, and you acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of the Agreement. Additionally, you will not be able to use the Game. The Dispute Resolution provisions of the Agreement will survive termination and will apply to all Disputes that arose or could have been initiated prior to termination.
7. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
Binding Arbitration and Class Action Waiver We hope we never have a dispute, but if we do, you and we agree to try to resolve it informally for sixty (60) days following receipt of a Notice of Dispute. If we can’t resolve it during that time, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide the dispute and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
Disputes Covered - Everything Except IP The term “dispute” is intended to be interpreted as broadly as possible. It includes any claim or controversy between you and us that in any way relates to or arises from any aspect of our relationship including, without limitation, your use or attempted use of the Game, all related marketing and promotion, any licensed content, and all matters relating to or arising from the Agreement, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our or our licensors’ intellectual property rights.
Notice of Dispute If we have a dispute with you, we will send notice of that dispute to the email address that has been provided to us. If you have a dispute that we cannot resolve and you wish to pursue arbitration, you must notify us in writing at the following email address: legal@manticoregames.com, using the subject line “Notice of Dispute.” Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address associated with the Game, and your residential address. The Notice of Dispute must also describe the dispute, explain the facts of the dispute as you understand them, and tell us how you would propose to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted, individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Dispute Resolution section.
Small Claims Court Option Instead of sending a Notice of Dispute, either you or we may sue the other in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your country of residence.
Arbitration Procedure The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call +1 800 778 7879. This Dispute Resolution section and the Agreement govern to the extent that they conflict with any applicable AAA rules. To initiate an arbitration, File a Case at www.adr.org and email a copy to legal@manticoregames.com. The claim must contain information specific to you. In a dispute involving US$25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will take place in your county of residence. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties. The arbitrator rules on all arbitrability issues (including scope, validity, and enforceability of this arbitration agreement) except that a court has exclusive authority: (i) to decide whether the parties have complied with pre-arbitration requirements (including the individualized Notice of Dispute and demand for arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Dispute Resolution section.
If your Notice of Dispute involves claims similar to those of at least twenty-four (24) other players, and if you and those other players are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules, as modified by these terms. For more information, see https://www.adr.org/mass-arbitration or call +1 800 778 7879. Related Cases may only be filed in batches of up to fifty (50) individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to twenty-five (25) of the Related Cases to be filed and resolved in individual arbitrations under this Dispute Resolution section; (ii) none of the other Related Cases may be filled or prosecuted in arbitration until the first batch of up to fifty (50) individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Case may be filed, where each side may select up to twenty-five (25) of the Related Cases to be resolved in individual arbitrations under this Dispute Resolution section. This process of batched individual arbitrations will continue until the parties resolve all Related cases informally or through individual arbitrations, or unless AAA or an arbitrator appointed by AAA directs otherwise following arbitration of the second batch of Related Cases. A court has exclusive authority to enjoin the filing or prosecution of arbitrations that do not comply with this section.
Arbitration Fees and Payments
Disputes Involving Less Than US$75,000 We will promptly reimburse your arbitration filing fees if: (i) the dispute involves less than $75,000; and before initiating arbitration (ii) you complied with all pre-arbitration requirements in this Dispute Resolution section, including, if applicable, the Related Cases section. Otherwise, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Disputes Involving $75,000 or More The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Opting Out/Rejecting Future Arbitration Changes If you are a new player to the Game, you may opt out of arbitration under this Dispute Resolution section by personally signing and sending us notice within thirty (30) days from the date of your first use of the Game by email to legal@manticoregames.com. If you are an existing player of the Game, you may reject any change we make to this Dispute Resolution section by personally signing and sending us notice within thirty (30) days of the change by email to legal@manticoregames.com. If you do, the most recent version of this Dispute Resolution section before the change you rejected will apply.
8. Severability. If, after exhaustion, of all appeals, any part of this Dispute Resolution section is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any party of this Dispute Resolution section is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
9. Choice of Law and Venue for Non-Arbitrable Disputes
Unless we have specifically said otherwise elsewhere in the Agreement, all Disputes will be governed by the laws of the State of California and the United States of America, without regard to choice of law principles. We expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
If you live in the United States, for any claims which are not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you live, you and Manticore agree to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California, and we each agree to venue in and personal jurisdiction before those courts (without prejudicing either party’s rights to remove a case to a federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. Players who access the Game from outside of the United States are responsible for complying with their applicable local laws. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.
10. General
Export Restrictions You understand and agree that the Game may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import law and regulations, including but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Game under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions or embargo, unless your use of the Game in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, directly or indirectly acting or purporting to act for or on behalf of, a government (including any subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party subject to U.S. sanctions or embargo or any other entity in a sanctioned or embargoed country or region or subject to U.S. sanctions or embargo; and (4) will not use the Game in connection with an end-use prohibited by U.S. law.
Assignment Manticore may assign the Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Manticore’s prior, written consent. Any such assignment without Manticore’s prior, written consent shall be void.
Waiver Our failure to enforce a provision of the Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Manticore may choose to waive enforcement of a provision of the Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Notices
If to Manticore: except as expressly set forth to the contrary herein, all notices given by you under the Agreement shall be in writing and addressed to Manticore Games, Inc., 1800 Gateway Drive, San Mateo, CA 94404, Attention: Legal.
If to you: except as expressly set forth to the contrary herein, all notices given by Manticore under the Agreement shall be given to you either through written notice, email, or web post.
Force Majeure Manticore shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riot, embargoes, acts of civil or military authorities, accidents, acts of nature, epidemics, fire, floods, pandemics, strikes, or shortages of facilities, fuel, energy, labor, or materials.
Severability Except as expressly set forth to the contrary herein, if any part of the Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Survival The provisions of Sections regarding Ownership, Limited Warranty, Limitation of Liability, Indemnity, Equitable Remedies, Dispute Resolution, Governing Law, and General shall survive termination of the Agreement for any reason.
Entire Agreement The Agreement, along with any additional terms set forth on our or our licensee’s website(s), constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
11. Unreal Editor Terms, Disclaimers, and Warranties
The Game uses the Unreal® Engine Code, Editor, Epic Content, and other code, materials and information (collectively, “Epic Materials”) from Epic. All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Manticore, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Manticore, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (2) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Manticore and Epic. Manticore, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Manticore, Epic, Epic’s licensors, nor its or their affiliates, nor any of Manticore’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Manticore, Epic, Epic’s licensors, nor its or their affiliates, nor any of Manticore’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Manticore’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Manticore, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Manticore, Epic, Epic’s licensors, its and their affiliates, and any of Manticore’s or Epic’s service providers shall be limited to the full extent permitted by law.
Use of the Editor (defined below) is subject to the Unreal® Engine End User License Agreement ("UE EULA"), which may be found at www.unrealengine.com/eula. By downloading or using the Editor, you also agree to the UE EULA. Use of the Marketplace (defined below) is subject to Epic's Terms of Service, which may be found at www.epicgames.com/site/tos. By using the Marketplace, you also agree to Epic's Terms of Service.
Notwithstanding the terms of the UE EULA, you may not use the Editor or any Epic Content (a) with or in connection to any games, projects, products, or services other than the Game, or (b) to create or develop any separate or standalone games, projects, products, or services. Your breach of the foregoing will constitute a material breach of both the UE EULA and this Agreement. If you have entered into the UE EULA, then upon termination of this Agreement, your license under the UE EULA to use the Editor and any Epic Content will immediately terminate; provided, however, that such termination will not terminate any license you may have under the UE EULA with respect to your use of other versions of the Unreal® Engine.
“Editor” means the Game-specific version of the Unreal Editor that the Game makes available for you to access or download for your use with the Game. The term Editor specifically does not include (i) other versions of the Unreal Editor, or (ii) Game or other content that Manticore makes available to you.
"Epic" means, depending on the location of your primary residence:
a. If you reside in the United States, Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or
b. If you reside outside the United States, Epic Games Commerce GmbH, a Swiss company with limited liability having its principal business offices at Platz 10, 6039 Root D4, Switzerland, together with its affiliates.
"Epic Content" means any artwork or other content asset that Epic makes available for you to access or download through the Game or Marketplace for your use with the Game.
"Marketplace" means a digital marketplace maintained by Epic or its affiliates through which, among other things, Epic makes the Editor and certain Epic Content available for use.