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END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, DOWNLOAD, COPY OR USE THE GAME.
This End User License Agreement (this “Agreement”) is a legal binding agreement between you (an individual) (“you”) the end user, and Free Reign Entertainment, LLC (“Free Reign Entertainment”). These interactive, software video games entitled New Frontier, Magnificent 5, and any files that are delivered to you (via download, DVD, CD or otherwise) by or on behalf of Free Reign Entertainment to enhance, fix, patch, update or otherwise modify the software programs (the “Game Client”) and any printed materials, or online or electronic documentation (the “Manual”), and all copies and derivative works of the Game Client or the Manual and the games play software residing on Free Reign Entertainment servers (collectively, the “Game”) are the copyrighted work of Free Reign Entertainment. The Game is protected by intellectual property and copyright laws and treaties.
The Game is distributed and/or made available solely for use by authorized end users according to the terms of this Agreement. Any reproduction, modification, distribution or other use of the Game or any element thereof not expressly authorized by the terms of this Agreement is expressly prohibited. In order for you to play the Game, you must first obtain access to Free Reign Entertainment's Wild West Worlds massively multiplayer online game service (the “Service”), which is subject to a separate Terms of Service agreement, available at https://www.freereign.net/legal/www_tos.html (the “Terms of Service”). (The Terms of Service also govern your access to the Service during any “free access” period that may have been included with your Game Client.) As a condition precedent to Free Reign Entertainment licensing to you the right to install and otherwise use the Game Client on your computer or game device, you must accept, agree to be bound by and continue your compliance with the terms and conditions of this Agreement, the Terms of Service and the Code of Conduct available at https://www.freereign.net/legal/www_tos.html (the “Code of Conduct”) and the Privacy Policy, available at https://www.freereign.net/legal/privacy.html (the “Privacy Policy”).
1. Grant of Limited, Non-Exclusive License. The Game Client will enable you to play the Game by accessing your account with the Service (the “Account”). Free Reign Entertainment hereby grants to you, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers or game devices owned by you or under your legitimate and exclusive control, and (b) use the Game Client for Game play exclusively in conjunction with the Service, for non-commercial entertainment purposes only. All use of the Game Client is subject to this Agreement, the Terms of Service, the Privacy Policy and the Code of Conduct, each of which must be accepted before the Game or any element thereof can be played or otherwise used.
2. Service; Terms of Service; Code of Conduct; Privacy Policy. This Game is played online over the Internet through the Service as provided by Free Reign Entertainment. You understand and agree that (i) Free Reign Entertainment does not provide Internet access and you are responsible for obtaining such access and all costs and fees associated with your Internet connection; and (ii) the Service is provided by Free Reign Entertainment at its sole and absolute discretion, and may be terminated or otherwise discontinued by Free Reign Entertainment at any time and from time to time, for any reason or no reason, without notice pursuant to the Terms of Service, and neither Free Reign Entertainment nor any of its affiliates, licensees, or contractors will incur any liability to you as a result of such termination. You must accept the Terms of Service, the Code of Conduct and the Privacy Policy in order to access the Service to play or otherwise use the Game or any element thereof.
3. Intellectual Property Rights. As between you and Free Reign Entertainment, all right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names or profile information, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game chat transcripts, any related documentation or text incorporated into the Game or recordings or replays of any portion of the Game) are exclusively owned or licensed by Free Reign Entertainment. All right, title, license and intellectual and other property rights in and to the content of any third party which may appear in, or be accessed through use of the Game are the property of the respective content owner (or their licensees), who may enforce its or their rights in the event of any violation of this Agreement. The Game is, and third party content may be, protected by applicable copyright or other intellectual property laws and treaties. By playing the Game or using the Service, you agree (a) to be bound by such laws and treaties, and (b) that you have no rights to use the Game or third party content other than as set forth herein. If the Game Client contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game Client. All rights not expressly granted are reserved by Free Reign Entertainment. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person, except as specifically provided under Section 4(d) of this Agreement.
4. Your Additional Duties and Obligations
a. Certain Restricted Actions. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
b. Additional Restricted Actions. You agree that you will not, under any circumstances:
i. rent, lease, lend, sell, sublicense, assign, or auction any portion of the Game or allow another party access to your Account information.
ii. use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of Free Reign Entertainment.
iii. exploit the Game or any part thereof for any commercial purpose, including without limitation (A) use for monetary gain without the express written consent of Free Reign Entertainment; (B) to communicate or facilitate any commercial advertisement or solicitation; (C) gathering in-game currency, items or resources for sale outside the Game without Free Reign Entertainment’s authorization; and (D) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).
iv. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Free Reign Entertainment (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.
v. facilitate, create or maintain any unauthorized connection to the Game, including without limitation (A) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (B) any connection using programs or tools not expressly approved by Free Reign Entertainment.
vi. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game, including without limitation any software that reads areas of Random Access Memory (“RAM”) used by the Game Client or the Service to store information about a character or a Game environment.
vii. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Free Reign Entertainment.
viii. fail at any time to comply with the Terms of Service and the Privacy Policy.
ix. use or otherwise access the Game in violation of the terms of this Agreement.
c. Age. As a condition precedent to any licenses being granted to you under this Agreement, (i) you must be 18 years of age or older; and (ii) you must be at least of the age of majority in your place of residence. You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you. You agree that you will be responsible for all use of the Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy.
d. Transfers. You may not transfer your Account and/or any associated subscriptions to a third party, and Free Reign Entertainment requires that any subsequent end user of the Game Client register the Game Client online as a condition of use. Free Reign Entertainment shall have no liability to you or any third person and will not be responsible should you not be able to transfer the right to (i) access Game play, (ii) receive updates, upgrades, dynamically served content, any achievements and/or items already purchased or otherwise acquired by you through micro-transactions whether or not paid for, or (iii) use any online service(s) of Free Reign Entertainment.
5. Restricted Game Client. YOU ACKNOWLEDGE AND AGREE THAT THE GAME MAY ENABLE FREE REIGN ENTERTAINMENT (OR A THIRD PARTY ON BEHALF OF FREE REIGN ENTERTAINMENT) TO MONITOR YOUR COMPUTER’S RAM FOR RESTRICTED SOFTWARE THAT OPERATES CONCURRENTLY WITH THE GAME, WITHOUT NOTICE TO OR CONSENT FROM YOU. FOR PURPOSES OF THIS AGREEMENT, THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY “ADD ON,” “MOD,” “MODIFICATION,” “HACK,” “TRAINER,” “CHEAT,” OR OTHER ELEMENT THAT, IN FREE REIGN ENTERTAINMENT'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY FREE REIGN ENTERTAINMENT; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IN THE EVENT THAT THE GAME DETECTS ANY RESTRICTED SOFTWARE, (i) THE GAME MAY COMMUNICATE INFORMATION BACK TO FREE REIGN ENTERTAINMENT (OR FREE REIGN ENTERTAINMENT'S DESIGNEE), INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS FREE REIGN ENTERTAINMENT DEEMS NECESSARY OR PERTINENT; AND/OR (II) FREE REIGN ENTERTAINMENT MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT AND THE PRIVACY POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU.
6. Patches and Updates. Free Reign Entertainment (or a third party on Free Reign Entertainment's behalf) may deploy or provide enhancement, fixes, patches, updates and other modifications to the Game that must be installed for you to continue to play the Game. Free Reign Entertainment may update the Game remotely, including, without limitation, the Game Client residing on your computer or game machine, without your knowledge or consent, and you hereby grant to Free Reign Entertainment and its authorized agents your consent to deploy and apply such enhancements, fixes, patches, updates and other modifications as Free Reign Entertainment, in its sole discretion, deems necessary or advisable.
7. Changes to the Agreement. Free Reign Entertainment may update this Agreement as the Game and the law evolve. The next time you use the Service after any such update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue playing the Game. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 8. Revised versions of the Agreement will not be applied retroactively. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Game Client or the Service or your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Free Reign Entertainment may also revise other policies, at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the then-current version of this Agreement, the Terms of Service, the Code of Conduct, the Privacy Policy or any other agreement relating to your use of the Game, you must immediately stop using the Game Client and the Service.
8. Termination. This Agreement shall commence upon your acceptance of the terms and conditions set forth herein and shall continue thereafter until terminated. You may terminate this Agreement at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of your computers and game operating devices; and (iii) officially cancelling your Account. Free Reign Entertainment may terminate this Agreement at any time, for any reason or no reason at all, without your consent or any further notice to you. Upon termination of this Agreement for any reason, all licenses granted herein automatically, and without any further action by Free Reign Entertainment, shall immediately terminate, and you must immediately and permanently destroy all copies of the Game in your possession or control and permanently remove the Game Client from all of your computers and game operating devices.
9. Export Controls; and Country of Residence. The Game Client may not be re-exported, downloaded or otherwise exported in such a way so as to violate any applicable law, statute, treaty or other ordinance or otherwise cause you or Free Reign Entertainment or any of Free Reign Entertainment's affiliates, licensors or other partners to be in violation thereof, including to (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Limited Warranty. Free Reign Entertainment warrants that the media containing the Game Client shall be free from defects in material and workmanship for a period of 90 days from the date of your purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Free Reign Entertainment will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Free Reign Entertainment with proof of purchase of the defective media. THIS IS YOU SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME (INCLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED USE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk of arising out of the use of the Game remains with you. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
11. Limitation of Liability; Indemnification.
a. Limitation of Liability. NEITHER FREE REIGN ENTERTAINMENT NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER FREE REIGN ENTERTAINMENT NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL FREE REIGN ENTERTAINMENT OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FREE REIGN ENTERTAINMENT OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FREE REIGN ENTERTAINMENT'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO FREE REIGN ENTERTAINMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
b. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FREE REIGN ENTERTAINMENT AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY FREE REIGN ENTERTAINMENT AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT OR THE PRIVACY POLICY.
12. Dispute Resolution and Governing Law.
a. Informal Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Free Reign Entertainment agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below in paragraph 12(b) (i) through (iii) or as contemplated in paragraph 11(e)) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Free Reign Entertainment will notify you through the contact information you provided at registration. You will send your notice by email to legal@freereign.net
b. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration as contemplated herein which shall be final and binding upon you and Free Reign Entertainment. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org, as updated from time to time. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Free Reign Entertainment may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, you and Free Reign Entertainment agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or Free Reign Entertainment’s (or its affiliates or licensee’s) intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief. For such Disputes as listed in paragraph 12(b)(i), (ii) and (iii), Free Reign Entertainment may at its sole discretion have the Dispute tried by a court in your jurisdiction to obtain a judgment enforceable in your jurisdiction.
c. Restrictions. You and Free Reign Entertainment agree that any arbitration shall be limited to the Dispute between Free Reign Entertainment and you individually. YOU ACKNOWLEDGE AND AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PARTY; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
d. Governing Law and Jurisdiction. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the laws of the State of Delaware, without regard to choice of law principles. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and Free Reign Entertainment hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For customers who purchased a license to the Game in, and reside outside the United States, other laws may apply with respect to the mandatory arbitration provisions set forth above, and, in such an event, you agree that such laws shall only affect this Agreement only to the extent required by such jurisdiction.
e. Equitable Relief. You hereby acknowledge and agree that (i) Free Reign Entertainment would be irreparably damaged if the terms of this Agreement, the Terms of Service, the Code of Conduct or the Privacy Policy were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Free Reign Entertainment is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against your anticipated, actual or continued breach of your duties and obligations as contemplated under this Agreement, the Terms of Service, the Code of Conduct or the Privacy Policy. In the event any litigation or other action is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses reasonably incurred by such prevailing party in such litigation or action.
f. Severability. You and Free Reign Entertainment agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section and the rest of this Agreement shall be given full force and effect.
13. General.
a. Assignment and Beneficiaries. Free Reign Entertainment may assign all or any portion of this Agreement vice and its rights and obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent and without notice to you. You may not assign all or any portion of this Agreement. Any unauthorized assignment by you shall be null and void. This Agreement will inure to the benefit of Free Reign Entertainment and its successors and assigns. Each Free Reign Entertainment’s subsidiaries and other affiliates are intended to be third party beneficiaries of the provisions of this Agreement.
b. Entire Agreement. This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and Free Reign Entertainment with respect to the Game Client and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Free Reign Entertainment with respect to the Game Client; provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Service, the Code of Conduct or the Privacy Policy. In the event of a conflict or inconsistency between this Agreement and the Terms of Service, the terms of the Terms of Service shall control.
c. Survival. The provisions of Sections 3 and 10-13 shall survive any termination of this Agreement.
d. Force Majeure. Free Reign Entertainment shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Free Reign Entertainment, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Free Reign Entertainment’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
e. Notices. All notices given by you or required under this Agreement shall be in electronic form and sent by e-mail to legal@freereign.net
I hereby acknowledge and agree that (i) that I have read and understand the foregoing Agreement, the Terms of Service, the Privacy Policy and the Code of Conduct; (ii) I am at least 18 years of age, AND if I am not at least of the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy ; and (iii) I agree that by clicking “Accept” (or other wording indicating my acceptance) or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy and acknowledge that I must have a valid method of payment to access the Game service.
If you do NOT qualify or do NOT agree to be bound by this Agreement, the Terms of Service or the Privacy Policy, click “DECLINE” or refrain from clicking similar terms indicative of acceptance.
IMPORTANT - READ CAREFULLY: THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, DOWNLOAD, COPY OR USE THE GAME.
This End User License Agreement (this “Agreement”) is a legal binding agreement between you (an individual) (“you”) the end user, and Free Reign Entertainment, LLC (“Free Reign Entertainment”). These interactive, software video games entitled New Frontier, Magnificent 5, and any files that are delivered to you (via download, DVD, CD or otherwise) by or on behalf of Free Reign Entertainment to enhance, fix, patch, update or otherwise modify the software programs (the “Game Client”) and any printed materials, or online or electronic documentation (the “Manual”), and all copies and derivative works of the Game Client or the Manual and the games play software residing on Free Reign Entertainment servers (collectively, the “Game”) are the copyrighted work of Free Reign Entertainment. The Game is protected by intellectual property and copyright laws and treaties.
The Game is distributed and/or made available solely for use by authorized end users according to the terms of this Agreement. Any reproduction, modification, distribution or other use of the Game or any element thereof not expressly authorized by the terms of this Agreement is expressly prohibited. In order for you to play the Game, you must first obtain access to Free Reign Entertainment's Wild West Worlds massively multiplayer online game service (the “Service”), which is subject to a separate Terms of Service agreement, available at https://www.freereign.net/legal/www_tos.html (the “Terms of Service”). (The Terms of Service also govern your access to the Service during any “free access” period that may have been included with your Game Client.) As a condition precedent to Free Reign Entertainment licensing to you the right to install and otherwise use the Game Client on your computer or game device, you must accept, agree to be bound by and continue your compliance with the terms and conditions of this Agreement, the Terms of Service and the Code of Conduct available at https://www.freereign.net/legal/www_tos.html (the “Code of Conduct”) and the Privacy Policy, available at https://www.freereign.net/legal/privacy.html (the “Privacy Policy”).
1. Grant of Limited, Non-Exclusive License. The Game Client will enable you to play the Game by accessing your account with the Service (the “Account”). Free Reign Entertainment hereby grants to you, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers or game devices owned by you or under your legitimate and exclusive control, and (b) use the Game Client for Game play exclusively in conjunction with the Service, for non-commercial entertainment purposes only. All use of the Game Client is subject to this Agreement, the Terms of Service, the Privacy Policy and the Code of Conduct, each of which must be accepted before the Game or any element thereof can be played or otherwise used.
2. Service; Terms of Service; Code of Conduct; Privacy Policy. This Game is played online over the Internet through the Service as provided by Free Reign Entertainment. You understand and agree that (i) Free Reign Entertainment does not provide Internet access and you are responsible for obtaining such access and all costs and fees associated with your Internet connection; and (ii) the Service is provided by Free Reign Entertainment at its sole and absolute discretion, and may be terminated or otherwise discontinued by Free Reign Entertainment at any time and from time to time, for any reason or no reason, without notice pursuant to the Terms of Service, and neither Free Reign Entertainment nor any of its affiliates, licensees, or contractors will incur any liability to you as a result of such termination. You must accept the Terms of Service, the Code of Conduct and the Privacy Policy in order to access the Service to play or otherwise use the Game or any element thereof.
3. Intellectual Property Rights. As between you and Free Reign Entertainment, all right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names or profile information, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game chat transcripts, any related documentation or text incorporated into the Game or recordings or replays of any portion of the Game) are exclusively owned or licensed by Free Reign Entertainment. All right, title, license and intellectual and other property rights in and to the content of any third party which may appear in, or be accessed through use of the Game are the property of the respective content owner (or their licensees), who may enforce its or their rights in the event of any violation of this Agreement. The Game is, and third party content may be, protected by applicable copyright or other intellectual property laws and treaties. By playing the Game or using the Service, you agree (a) to be bound by such laws and treaties, and (b) that you have no rights to use the Game or third party content other than as set forth herein. If the Game Client contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game Client. All rights not expressly granted are reserved by Free Reign Entertainment. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person, except as specifically provided under Section 4(d) of this Agreement.
4. Your Additional Duties and Obligations
a. Certain Restricted Actions. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
b. Additional Restricted Actions. You agree that you will not, under any circumstances:
i. rent, lease, lend, sell, sublicense, assign, or auction any portion of the Game or allow another party access to your Account information.
ii. use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of Free Reign Entertainment.
iii. exploit the Game or any part thereof for any commercial purpose, including without limitation (A) use for monetary gain without the express written consent of Free Reign Entertainment; (B) to communicate or facilitate any commercial advertisement or solicitation; (C) gathering in-game currency, items or resources for sale outside the Game without Free Reign Entertainment’s authorization; and (D) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).
iv. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Free Reign Entertainment (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.
v. facilitate, create or maintain any unauthorized connection to the Game, including without limitation (A) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (B) any connection using programs or tools not expressly approved by Free Reign Entertainment.
vi. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game, including without limitation any software that reads areas of Random Access Memory (“RAM”) used by the Game Client or the Service to store information about a character or a Game environment.
vii. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Free Reign Entertainment.
viii. fail at any time to comply with the Terms of Service and the Privacy Policy.
ix. use or otherwise access the Game in violation of the terms of this Agreement.
c. Age. As a condition precedent to any licenses being granted to you under this Agreement, (i) you must be 18 years of age or older; and (ii) you must be at least of the age of majority in your place of residence. You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you. You agree that you will be responsible for all use of the Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy.
d. Transfers. You may not transfer your Account and/or any associated subscriptions to a third party, and Free Reign Entertainment requires that any subsequent end user of the Game Client register the Game Client online as a condition of use. Free Reign Entertainment shall have no liability to you or any third person and will not be responsible should you not be able to transfer the right to (i) access Game play, (ii) receive updates, upgrades, dynamically served content, any achievements and/or items already purchased or otherwise acquired by you through micro-transactions whether or not paid for, or (iii) use any online service(s) of Free Reign Entertainment.
5. Restricted Game Client. YOU ACKNOWLEDGE AND AGREE THAT THE GAME MAY ENABLE FREE REIGN ENTERTAINMENT (OR A THIRD PARTY ON BEHALF OF FREE REIGN ENTERTAINMENT) TO MONITOR YOUR COMPUTER’S RAM FOR RESTRICTED SOFTWARE THAT OPERATES CONCURRENTLY WITH THE GAME, WITHOUT NOTICE TO OR CONSENT FROM YOU. FOR PURPOSES OF THIS AGREEMENT, THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY “ADD ON,” “MOD,” “MODIFICATION,” “HACK,” “TRAINER,” “CHEAT,” OR OTHER ELEMENT THAT, IN FREE REIGN ENTERTAINMENT'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY FREE REIGN ENTERTAINMENT; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IN THE EVENT THAT THE GAME DETECTS ANY RESTRICTED SOFTWARE, (i) THE GAME MAY COMMUNICATE INFORMATION BACK TO FREE REIGN ENTERTAINMENT (OR FREE REIGN ENTERTAINMENT'S DESIGNEE), INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS FREE REIGN ENTERTAINMENT DEEMS NECESSARY OR PERTINENT; AND/OR (II) FREE REIGN ENTERTAINMENT MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT AND THE PRIVACY POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU.
6. Patches and Updates. Free Reign Entertainment (or a third party on Free Reign Entertainment's behalf) may deploy or provide enhancement, fixes, patches, updates and other modifications to the Game that must be installed for you to continue to play the Game. Free Reign Entertainment may update the Game remotely, including, without limitation, the Game Client residing on your computer or game machine, without your knowledge or consent, and you hereby grant to Free Reign Entertainment and its authorized agents your consent to deploy and apply such enhancements, fixes, patches, updates and other modifications as Free Reign Entertainment, in its sole discretion, deems necessary or advisable.
7. Changes to the Agreement. Free Reign Entertainment may update this Agreement as the Game and the law evolve. The next time you use the Service after any such update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue playing the Game. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 8. Revised versions of the Agreement will not be applied retroactively. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Game Client or the Service or your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Free Reign Entertainment may also revise other policies, at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the then-current version of this Agreement, the Terms of Service, the Code of Conduct, the Privacy Policy or any other agreement relating to your use of the Game, you must immediately stop using the Game Client and the Service.
8. Termination. This Agreement shall commence upon your acceptance of the terms and conditions set forth herein and shall continue thereafter until terminated. You may terminate this Agreement at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of your computers and game operating devices; and (iii) officially cancelling your Account. Free Reign Entertainment may terminate this Agreement at any time, for any reason or no reason at all, without your consent or any further notice to you. Upon termination of this Agreement for any reason, all licenses granted herein automatically, and without any further action by Free Reign Entertainment, shall immediately terminate, and you must immediately and permanently destroy all copies of the Game in your possession or control and permanently remove the Game Client from all of your computers and game operating devices.
9. Export Controls; and Country of Residence. The Game Client may not be re-exported, downloaded or otherwise exported in such a way so as to violate any applicable law, statute, treaty or other ordinance or otherwise cause you or Free Reign Entertainment or any of Free Reign Entertainment's affiliates, licensors or other partners to be in violation thereof, including to (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Limited Warranty. Free Reign Entertainment warrants that the media containing the Game Client shall be free from defects in material and workmanship for a period of 90 days from the date of your purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Free Reign Entertainment will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Free Reign Entertainment with proof of purchase of the defective media. THIS IS YOU SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME (INCLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED USE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk of arising out of the use of the Game remains with you. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
11. Limitation of Liability; Indemnification.
a. Limitation of Liability. NEITHER FREE REIGN ENTERTAINMENT NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER FREE REIGN ENTERTAINMENT NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL FREE REIGN ENTERTAINMENT OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FREE REIGN ENTERTAINMENT OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FREE REIGN ENTERTAINMENT'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO FREE REIGN ENTERTAINMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
b. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FREE REIGN ENTERTAINMENT AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY FREE REIGN ENTERTAINMENT AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT OR THE PRIVACY POLICY.
12. Dispute Resolution and Governing Law.
a. Informal Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Free Reign Entertainment agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below in paragraph 12(b) (i) through (iii) or as contemplated in paragraph 11(e)) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Free Reign Entertainment will notify you through the contact information you provided at registration. You will send your notice by email to legal@freereign.net
b. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration as contemplated herein which shall be final and binding upon you and Free Reign Entertainment. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org, as updated from time to time. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Free Reign Entertainment may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, you and Free Reign Entertainment agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or Free Reign Entertainment’s (or its affiliates or licensee’s) intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief. For such Disputes as listed in paragraph 12(b)(i), (ii) and (iii), Free Reign Entertainment may at its sole discretion have the Dispute tried by a court in your jurisdiction to obtain a judgment enforceable in your jurisdiction.
c. Restrictions. You and Free Reign Entertainment agree that any arbitration shall be limited to the Dispute between Free Reign Entertainment and you individually. YOU ACKNOWLEDGE AND AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PARTY; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
d. Governing Law and Jurisdiction. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the laws of the State of Delaware, without regard to choice of law principles. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and Free Reign Entertainment hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For customers who purchased a license to the Game in, and reside outside the United States, other laws may apply with respect to the mandatory arbitration provisions set forth above, and, in such an event, you agree that such laws shall only affect this Agreement only to the extent required by such jurisdiction.
e. Equitable Relief. You hereby acknowledge and agree that (i) Free Reign Entertainment would be irreparably damaged if the terms of this Agreement, the Terms of Service, the Code of Conduct or the Privacy Policy were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Free Reign Entertainment is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against your anticipated, actual or continued breach of your duties and obligations as contemplated under this Agreement, the Terms of Service, the Code of Conduct or the Privacy Policy. In the event any litigation or other action is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses reasonably incurred by such prevailing party in such litigation or action.
f. Severability. You and Free Reign Entertainment agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section and the rest of this Agreement shall be given full force and effect.
13. General.
a. Assignment and Beneficiaries. Free Reign Entertainment may assign all or any portion of this Agreement vice and its rights and obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent and without notice to you. You may not assign all or any portion of this Agreement. Any unauthorized assignment by you shall be null and void. This Agreement will inure to the benefit of Free Reign Entertainment and its successors and assigns. Each Free Reign Entertainment’s subsidiaries and other affiliates are intended to be third party beneficiaries of the provisions of this Agreement.
b. Entire Agreement. This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and Free Reign Entertainment with respect to the Game Client and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Free Reign Entertainment with respect to the Game Client; provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Service, the Code of Conduct or the Privacy Policy. In the event of a conflict or inconsistency between this Agreement and the Terms of Service, the terms of the Terms of Service shall control.
c. Survival. The provisions of Sections 3 and 10-13 shall survive any termination of this Agreement.
d. Force Majeure. Free Reign Entertainment shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Free Reign Entertainment, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Free Reign Entertainment’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
e. Notices. All notices given by you or required under this Agreement shall be in electronic form and sent by e-mail to legal@freereign.net
I hereby acknowledge and agree that (i) that I have read and understand the foregoing Agreement, the Terms of Service, the Privacy Policy and the Code of Conduct; (ii) I am at least 18 years of age, AND if I am not at least of the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy ; and (iii) I agree that by clicking “Accept” (or other wording indicating my acceptance) or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy and acknowledge that I must have a valid method of payment to access the Game service.
If you do NOT qualify or do NOT agree to be bound by this Agreement, the Terms of Service or the Privacy Policy, click “DECLINE” or refrain from clicking similar terms indicative of acceptance.