PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS SOFTWARE IS LICENSED, NOT SOLD. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THIS EULA BELOW YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS EULA. YOU MUST ACCEPT THIS EULA IN ORDER TO DOWNLOAD THIS SOFTWARE AND ACCESS THE GAME (AS DEFINED BELOW).
The Game is distributed solely for use by authorized end users according to the RSI Terms. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the RSI Terms is expressly prohibited.
I. Limited Use License
Subject to your agreement and continuing compliance with the RSI Terms, RSI hereby grants to you a limited, personal, non-exclusive, non-transferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the website www.robertsspaceindustries.com and related webpages (hereafter the “Website”) for your non-commercial entertainment purposes only.
You agree that you will not, under any circumstances:
- 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 Material; provided, however, that you may make copies of the Game Client and the Manuals for personal purposes only;
- Use cheats, automation software (bots), hacks, mods or any other unauthorized third party software designed to modify the Game experience and/or give you an advantage over other players;
- Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
- Use any unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Website, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that RSI may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by RSI;
- intercept, emulate or redirect the communication protocols used by RSI in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by RSI;
- Sell, grant a security interest in or transfer reproductions of any of the Game Materials to other parties in any way not expressly authorized herein or in the Terms of Service, or rent, lease or license any of the Game Materials to others.
II. RSI Ownership
“RSI Content” includes (1) software, software updates or patches, or other utilities and tools from RSI or its licensors, including without limitation, the Game Client (“RSI Software”) and (2) other text and audio visual material, the design and appearance of the Game and the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the RSI Services. RSI does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the RSI Services. RSI reserves the right to remove UGC that is illegal, contrary to this EULA or our Terms of Service or objectionable to us for any reason. RSI does not assume any responsibility or liability for UGC.
RSI Content is owned by RSI or RSI’s third party licensors and is protected by US and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any RSI Content from any of the RSI Services unless expressly authorized by us in writing or the RSI Terms.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any RSI Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the RSI Content. RSI reserves all rights in the RSI Content that are not expressly granted to you under the RSI Terms. You acknowledge that RSI and/or our third party licensors remain the owners of all of the RSI Content included on the RSI Services, and that you do not acquire any of those ownership rights by downloading any of the RSI Content or accessing any of the RSI Services.
Making unauthorized copies of any of the RSI Content may result in the termination of your Account(s) after notice of breach, you being prohibited from using any of the RSI Services, and further civil or criminal legal action being brought against you by us and/or our third party licensors.
III. Patches and Updates
IMPORTANT: RSI MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF RSI SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. RSI RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES, PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED.
IV. Availability of Online Services
This Game is an online game that must be played over the Internet through the Website. You understand and agree that the Website is provided by RSI at its discretion and may be terminated or otherwise discontinued by RSI pursuant to our Terms of Service. It is your responsibility to obtain (at your own cost) all necessary devices and telecommunications services required to access the RSI Services.
V. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
NOTHING IN THIS EULA LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OF THE OTHER RSI SERVICES, THE RSI SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. RSI SERVICES, RSI SOFTWARE, RSI’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. RSI PROVIDES THE RSI SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE RSI SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RSI WILL HAVE ADEQUATE CAPACITY FOR THE RSI SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE RSI SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE RSI SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT RSI, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE RSI SERVICES OR USE OF THE RSI SOFTWARE. IN NO CASE SHALL RSI OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH RSI, THE “RSI AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RSI FOR THE RSI SERVICES. SAVE AS SET OUT IN THIS EULA OR OUR TERMS OF SERVICE, NONE OF THE RSI AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE RSI SERVICES, THE RSI SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE RSI SERVICES OR YOUR ACCOUNT. 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 RSI AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. RSI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE RSI SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
Upon RSI’s request, you agree to defend, indemnify and hold harmless each of the RSI Affiliates and RSI’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other RSI Terms, for which you are responsible or in connection with your communication and activity on the RSI Services, including, without limitation, distribution of any UGC on or through the RSI Services. Without limiting the generality of the foregoing, you agree to indemnify and hold RSI harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
RSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to RSI in that matter.
C. Pre-Releases (Alpha/Beta Testing)
If you download a Pre-Release Game as defined in Sec VI. of our Terms of Service, the specific rules set forth in that section regarding Beta Testing will apply and govern your use of any such Pre-Release Game. Without limiting any of the RSI Terms, you specifically acknowledge and agree that you understand the nature of such Alpha or Beta testing, (i.e. that you may experience bugs, crashes, and the like, or that the Pre-Release Games may be changed or redesigned subsequently). Nothing contained in the foregoing shall be considered a breach by RSI of any of the RSI Terms or a failure of RSI to deliver the Game.
VI. Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that RSI would suffer irreparable harm if this EULA or any of the RSI Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that RSI shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other RSI Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this EULA or the RSI Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other RSI Terms (“Dispute”), you and RSI agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. RSI will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Account. You agree to send your notice to RSI, 9255 Sunset Blvd, Suite 803, West Hollywood, CA 90069, Attn: Legal Department with a copy via email to email@example.com.
C. Binding Arbitration
If you and RSI are unable to resolve a Dispute through informal negotiations, either you or RSI may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 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 at the AAA website www.adr.org. 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. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RSI will pay all arbitration fees and expenses. 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 EULA, you and RSI 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.
D. Restrictions on Dispute Proceedings
You and RSI agree that any arbitration shall be limited to the Dispute between RSI and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) 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.
Any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and RSI agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
This EULA (and all subsequent modifications, if any) shall remain effective until terminated in accordance with this EULA or our Terms of Service, it being understood that you may terminate this EULA at any time for any reason or for no reason. Termination by RSI will be effective upon notice to you, termination or deletion of your Account, or our decision to permanently discontinue offering and/or supporting the Game, which we may do at any time in our reasonable commercial discretion. You may terminate this EULA (and, consequently, your Account) at any time by notifying RSI at firstname.lastname@example.org. Upon termination of this Agreement, your right to use the RSI Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections V, VI, and VIII.
VIII. General Terms
A. Third Parties. You agree that neither this EULA nor any of the RSI Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA and the RSI Affiliates.
B. Severability. If any provision in this EULA is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of RSI, and the remaining provisions of this EULA shall remain in full force and effect.
C. Waiver. The failure of RSI to exercise or enforce any right or provision contained in this EULA or any RSI Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by RSI.
D. Force Majeure. RSI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RSI, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond RSI’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. All remedies, cures and other legal measures by RSI set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. RSI hereby expressly reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
F. Governing Law. The laws of California, excluding its conflicts-of-law rules, govern this EULA, any other RSI Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with RSI or relating in any way to this EULA, any other RSI Terms, your Account(s), or your use of any RSI Services resides in the Courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving RSI or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the Terms of Service, your conduct may also be subject to other local, state, national, and international laws.
I hereby acknowledge that I have read and understand this EULA and that I agree that by clicking “Accept” I am acknowledging my agreement to be bound by this EULA.