END USER LICENCE AGREEMENT: OUTCASTERS
June 24, 2020
Last revision: 18 August 2020
This End User Licence Agreement (this “agreement”) is entered into between Warchest Limited, a company registered in England and Wales with company number 07783664 and registered address Royal Court, 81 Tweedy Road, Bromley, Kent, BR1 1RG (contactable here) (“Warchest”, “us“, “our”) and you (“you” or “your”) and applies to our game Outcasters for the platform Stadia (from Google) (including without limitation all functionality and content therein and game updates, new versions and patches as may be made available by us from time to time) (the “Game”).
Please read and carefully understand this agreement. If you do not agree with all of the terms and conditions of this agreement, you are then not permitted to stream, use, play access or otherwise utilise the Game.
Warchest reserves the right in its sole discretion at any time to update this agreement. Any changes to this agreement will be effective upon being made available at https://www.splashdamage.com/games/outcasters but in accordance with Section 9.1. Please check back at that website from time to time for the latest version of this agreement.
1 YOUR AGREEMENT AND USE OF THE GAME
1.1 The grant of the licences to you pursuant to Section 2.3 are conditional on you meeting the requirements of Section 1.2 to Section 1.6 (inclusive).
1.2 You have accepted the terms in this agreement and indicated your acceptance by selecting “YES,” “I AGREE,” or similar form of assent. You agree that each latest instance of the same, and each instance of you playing, streaming, accessing or otherwise using the Game, represents a similar acceptance of the latest available version of this agreement.
1.3 You will comply with all of the terms in this agreement until such time as you have deleted, if applicable, all aspects of the Game (including without limitation Software) from your machine. For the purposes of this agreement, “Software” means the Game software in object code form.
1.4 You will use the Software only on compatible devices and in validly licensed form.
1.5 You will refrain from using any hacks, unauthorised cheats or exploits, bots, or third party software which may modify, temporarily or permanently, the Software or the user experience of the Game, whether on your devices or otherwise.
2 OWNERSHIP AND GRANT OF LICENCE
2.1 In this agreement, “Intellectual Property Rights” means, for each and every territory worldwide, all statutory and common law rights, existing now or in the future, in the form of or associated with any of the following and any similar or equivalent intellectual property rights of any nature: patents (including without limitation all renewals and extensions thereof and rights to any applications for the same), utility models, inventions, copyrights, database rights, rights in or to data, rights in or to software, designs, moral rights, proprietary information and materials, all trade secrets, confidential information, trade marks, trade and business names, get-up and service marks (whether registered or unregistered), rights in goodwill, and additionally all claims, rights to application or extensions, rights in causes of action and any rights to sue for past, present and future infringement or use without consent of any of the foregoing rights.
2.2 Warchest owns and retains all right, title and interest, including without limitation, all Intellectual Property Rights, in and to the Software and the Game and any updates thereto. You shall have only those rights in and to the Software and any updates thereto as are expressly granted to you under this Agreement. Except as expressly provided otherwise (such as in Section 2.3 below), no rights or licences of any nature are granted to you and, for the avoidance of doubt, no ownership of the Game or any Intellectual Property Rights whatsoever is transferred to you.
2.3 Subject to the terms and conditions of this agreement, Warchest hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and licence to stream, download (where permitted by the functionality of the Platform), access and use the Game (including the Software) solely for your personal, non-commercial entertainment purposes on devices owned by you and solely in the manner permitted by the Platform.
3 GAME USAGE RESTRICTIONS
3.1 You must not use the Game (including without limitation the Software) for any purpose other than your personal, non-commercial entertainment purposes and you must use the Game (including without limitation the Software) in accordance with all applicable laws, rules and regulations.
3.2 Except where expressly provided otherwise in this agreement, you must not, and must not permit any third party to, do any of the following:
3.2.1 Copy the Game or Software or any portion of them (except where incidental to using the Game as permitted in accordance with the terms of this agreement);
3.2.2 Exploit the Game (including without limitation the Software), in its entirety or individual components, for any purpose not expressly authorized by us, including, without limitation for commercial purposes, the provision of services to others, solicitation, advertisement or any other business, promotional or commercial purposes;
3.2.3 Create, utilize or transact in any in-Game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Software;
3.2.4 Decompile, disassemble or otherwise reverse engineer the Software, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Software or any portion thereof;
3.2.5 Modify, translate, or create any derivative works based upon the Game (except as may be provided by the Game itself or under other permission from us);
3.2.6 Distribute, disclose, market, rent, lease, grant a security interest in, transfer, assign, sublicense, pledge or otherwise transfer or seek to deal with the Game (including without limitation the Software), in whole or in part, with any third party whatsoever;
3.2.7 Host, provide or develop matchmaking services for the Game;
3.2.8 Intercept, emulate or redirect the communication protocols used by us, or our designees, in any way, including, without limitation, through protocol emulation, tunnelling, packet sniffing, modifying or adding components to the Software, use of a “data mining” utility program to intercept, collect, read or “mine” information generated by the Software, or in any other way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized play of the Game or other use of the Software;
3.2.9 Create, use, access or maintain any unauthorized connections to the Game;
3.2.10 Remove or alter any copyright, trademark, or other Intellectual Property Right notices, legends, symbols, or labels appearing on or in the Game; or
3.2.11 Disrupt or assist in the disruption of (i) any computer or system used to support the Software or a Game environment; or (ii) any other player’s Game experience.
We may provide you with Game updates from time to time, but without any obligation to do so. You acknowledge and agree that we may provide Game updates remotely to you. Any update provided or made available by us or on our behalf hereunder shall be deemed part of the Game and subject to the terms and conditions of this agreement.
5 PLAYER CONDUCT
5.1 You must not do (and you will be in material violation of this agreement if you do) any of the following:
5.1.1 Post, transmit, promote, or distribute content that violates any law or regulation;
5.1.2 Harass, threaten, embarrass, or do anything else to another Game user that is unwanted;
5.1.3 Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable (hate speech is not tolerated);
5.1.4 Promote or encourage any illegal activity including hacking;
5.1.5 Violate any applicable laws, regulations and rules wherever you are using the Game. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable; or
5.1.6 Do anything that interferes with the ability of other users to enjoy playing the Game or is contrary to the spirit of the Game or this agreement.
6 USER-GENERATED CONTENT
6.1 Without any obligation to make the functionality available, Warchest may make available user-generated content functionality such as in-Game messaging, chat or other user-generated content functionality. These forms of functionality may also be available independently of Warchest and made available to you through the Platform at the Platform’s discretion. Warchest does not pre-screen or moderate user-generated content before it is made available between players, but may periodically review content or may act upon user reports or complaints. To the maximum extent permitted by applicable law, Warchest does not accept liability for user-generated content or its usage. Warchest reserves the right, where user-generated content functionality is provided, to remove or restrict user-generated content at its discretion (which is final and absolute). You acknowledge and understand that, if you choose to use any user-generated functionality made available to you, you are responsible for your use of it and, for example, your communications with other players. You warrant that your user-generated content submissions are free and clear of third party rights and interests and that any use of the content in accordance with this agreement will not infringe any intellectual property rights, privacy rights or other rights of any third party.
6.2 In consideration of Warchest making the user-generated content functionality available (where we choose to do so, and without any obligation to do so), to the extent the content gives rise to any Intellectual Property Right such as a copyright interest, you grant Warchest a perpetual, irrevocable, transferable, royalty-free, sub-licensable worldwide right and licence to use such user-generated content for the purposes of providing the Game to you and other players (such as to enable or facilitate distribution of the content to other players, where applicable). The foregoing licence includes, for the avoidance of doubt, permissions for Warchest to reproduce, copy, adapt, modify, perform, display, publish, transmit, store, broadcast and otherwise communicate or use the user-generated content by any means whether now known or in the future developed. You waive any moral rights or equivalent in the user-generated content.
7 WARRANTY AND LIMITATION OF LIABILITY
7.1 Warchest warrants that it has used and will use reasonable efforts to ensure that:
7.1.1 It is entitled to grant the rights and licences granted from Warchest to you hereunder; and
7.1.2 The Game will be of satisfactory quality.
7.2 Except as specifically provided otherwise in this agreement, to the maximum extent permitted by law:
7.2.1 The Game is provided on an “as is” and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in this agreement;
7.2.2 Subject to Section 7.3 and to the extent permissible under applicable law and regulation, Warchest only accepts liability for direct loss as a result of its breach of its warranties in Section 7.1 (unless otherwise expressly set out to the contrary in this agreement);
7.2.3 Subject to Section 7.3, Warchest and its licensors’ maximum liability will be limited to £30;
7.2.4 Warchest and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your device or other digital content which you own is caused by the Software as a result of our failure to use reasonable care and skill, in which case you may be entitled to compensation or we may be obliged to repair your device); and
7.2.5 Warchest does not guarantee that the operation of the Game will be uninterrupted or error free or that errors can or will be corrected, or that the Game is free of viruses or other harmful components.
7.3 This agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, or death or personal injury caused by Warchest’s negligence.
8 INDEMNIFICATION AND REMEDIES
8.1 You hereby indemnify (agree to compensate), defend and hold harmless Warchest and Warchest’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“), from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement or claims arising directly or indirectly from your use or misuse of the Game.
8.2 Warchest’s licensors shall be third-party beneficiaries under this agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
9.1 Warchest may create updated versions of this agreement as the Software, the Games, and the law evolve. This agreement will terminate immediately upon the introduction of a new, replacement and/or updated Agreement (which shall take its place governing your use of the Game). Any such updated or new agreement will be made available from us to you at the relevant time for your consideration. If you do not accept the new agreement, you may not be able to continue to use the Game. Your use of the Game or affirmative action such as ‘YES’, ‘AGREE’ or similar, in accordance with the terms at the start of this agreement, will be acceptance of the new agreement’s terms.
9.2 Warchest may change, modify, suspend, or discontinue any aspect of the Game or Software at any time, including removing content, or revising the effectiveness of content in an effort to balance the Game. Warchest may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
Please be aware that any personal data you supply to us when using the Game will be used by us in accordance with our Privacy Notice. Please read our Privacy Notice carefully.
11 YOUR DEVICES AND INTERNET
You are responsible for ensuring that you have an appropriate internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, stream, download or install (where permitted by the Platform), play and access the Game. Further information about system requirements may be available on the Game’s website page / store page made available by the Platform, and information about the Platform‘s own operating requirements are available from the Platform.
12 AGE RESTRICTION
To play the Game you must: (a) be of an age which meets the minimum age certification requirements, and minimum recommended user age, of the Game for the territory you are in (as applicable); and (b) by using the Game, you confirm that you meet the Game’s age certification minimum, and any minimum recommended age we make available; and (c) if you are under 18 years of age, you additionally confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to this agreement on your behalf.
13 PLATFORM TERMS
13.1 The Game is made available by us through the Stadia platform operated by Google LLC and its affiliate companies (the “Platform“).
13.2 You and Warchest acknowledge that this agreement is concluded between you and Warchest only, and not with Google LLC, nor any subsidiary or affiliate company of Google LLC, (“Google”). You also acknowledge that Warchest is solely responsible for the Game and the content thereof.
13.3 We may from time to time, in our discretion, participate in arrangements with the Platform that involve promotional, time-limited or Platform subscription-based access to the Game. If such offers are available, they will be notified to you by the Platform. Any such arrangements are limited according to the terms made available to you from the Platform (such as in regards to your period of access to the Game).
13.4 This agreement, and the licences granted to you to use the Game, are subject at all times to the practices and terms of Google regarding the Platform, including without limitation the Platform terms of service and policies.
14.1 This agreement and the licences granted by it are effective until terminated. We may temporarily discontinue the Game at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
14.2 Warchest may terminate this agreement if you fail to abide by any of the terms and conditions of this agreement at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this agreement. Warchest may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this agreement, which may include banning users from the Game. Warchest reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this agreement. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
14.3 Without prejudice to the other provisions in this agreement, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
14.3.1 if your use of the Game was provided to you free of charge, you will not be entitled to any compensation or any refund; and
14.3.2 if you paid for the Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the Game for over three (3) months). Otherwise, we may offer you a partial or full refund in our discretion. Where you purchased the Game, in such an event, through the Platform, you should seek a refund through the Platform.
14.4 Following termination of this agreement for any cause, you will no longer be permitted to use the Game and you will be required to delete the Game from your devices (where applicable). Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game usage may thereafter be deleted and/or become inaccessible.
15 DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may choose to make, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute resolution service.
16 GENERAL PROVISIONS
16.1 This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Warchest. Warchest may assign, license, delegate or otherwise transfer its rights or obligations under this agreement, or the whole agreement, to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section 16.1 shall be null and void.
16.2 The waiver by either party of a breach of or a default under any provision of this agreement shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
16.3 If the application of any provision of this agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
16.4 Nothing contained in this agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party, nor either party’s agents, have any authority of any kind to bind the other party in any respect whatsoever.
16.5 Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, internet or other network “brownouts” or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
16.6 You shall abide by all applicable export laws and regulations in use of the Game. The Game, or any part thereof, may not be streamed or otherwise exported or re-exported (a) into any country for which the United States or United Kingdom has a trade embargo, or (b) 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 of anyone on the HM Treasury’s Sanctions List. 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.
16.7 You acknowledge and agree that due to the unique nature of this agreement, there can be no adequate remedy at law to compensate Warchest for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Warchest resulting in irreparable harm to Warchest that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Warchest shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.
16.8 This agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes (a) all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement; and (b) all past courses of dealing and industry custom.
16.9 The following Sections shall survive termination or expiry of this agreement howsoever arising: 2.2, 6, 7, 8, and 16.
16.10 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.
HEALTH AND SAFETY AND PRECAUTIONS
PLEASE READ THIS NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USE THIS GAME
The Game may contain flashing lights, realistic images and simulations.
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games.
This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game suffers in this way, has a condition, which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.
If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst playing this Game or other games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:
Please do not:
- use or play this Game (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influence of alcohol or drugs, or hung-over;
- use or play the Game while in a moving vehicle such as a car, bus, or train;
- play for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
Notice to parents and carers:
Please observe children whilst they play this Game and other games. Please ensure that you and they following the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.