Terms Watch

Digital  Cybercherries,  Limited  (“DCC”)  makes  the HYPERCHARGE: Unboxed  interactive  software product (“Software”) available to you subject to the terms and conditions set forth in this end user license  agreement  (“Agreement”).  This  Agreement,  as  may  be  amended  by DCC  from  time to time,  is  an  agreement  between  you  (“you”  or “your”)  and DCC,  located  at  166  Cop  Lane, Penwortham, Preston, Lancashire, England PR19AD and governs your access to and use of the Software and any updates that replace or supplement the Software that are not distributed with a separate license.

PLEASE  READ  THIS  AGREEMENT  CAREFULLY.    BY  ACCESSING OR  USING  ALL  OR ANY PORTION  OF  THE  SOFTWARE  OR  COMPONENTS  THEREIN  YOU  ACCEPT  ALL  THE TERMS  AND  CONDITIONS  OF  THIS  AGREEMENT  AND  ANY  AGREEMENT  PROVIDED  BY ANY THIRD PARTY PROVIDER, AND ALL APPLICABLE LAWS, AND AGREE TO BE BOUND ACCORDINGLY.  IF  YOU  DISAGREE  WITH  ANY  OF  THE  FOLLOWING  TERMS  AND/OR CONDITIONS OR ANY TERMS AND/OR CONDITIONS OF A THIRD PARTY PROVIDER THEN YOU MAY NOT ACCESS OR USE THE SOFTWARE.

HIS   AGREEMENT   PROVIDES   FOR   DISPUTES   TO   BE   DETERMINED   BY   BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, UNITED STATES OF AMERICA, AND A CLASS ACTION WAIVER.PLEASE READ SECTION 16 CAREFULLY AS IT AFFECTS HOW ANY   DISPUTES   WITH   DCC   WILL   BE   DETERMINED.   YOUR   ACCEPTANCE   OF THIS AGREEMENT CONSTITUTES ACCEPTANCE OF SUCH TERMS.

You  are  entering  into  this  Agreement  on  a  completely  voluntary  basis  with  no  expectation  of consideration,  remuneration  or  any  form  of  compensation  from DCC  or  any  of  its  third  party providers whatsoever other than what is expressly provided for in this Agreement.

1.   Grant of License. Subject to the terms and conditions of this Agreement, DCC grants you a  personal,  limited,  non-exclusive  license  to  install  and  use  the  Software  for  your non-commercial  use on authorized  devices  solely  as  set  forth  in  this  Agreement. Any commercial  use  is  prohibited.  You  are  expressly  prohibited  from  sub-licensing,  renting, leasing, transferring or otherwise distributing the  Software  or rights to use the  Software. The term of your license shall commence on the date that you install or otherwise use the Software.For  clarity,  rights  to  the  Software  are  licensed,  and  not  sold,  to  you  for  your use only in accordance  with the terms and conditions of this Agreement, which include, the terms of the following third party provider licenses and/or agreements: (a) the Steam Subscriber     Agreement,     located     as     of     the     date     of     this     Agreement     at store.steampowered.com;  (b)  the  Unreal  Engine  End  User  License  Agreement,  located as  of  the  date  of  this  Agreement  at http://www.unrealengine.com/eula;  (c)  the  FMOD Studio    license    agreement,    located    as    of    the    date    of    this    Agreement    at https://www.fmod.org/files/public/LICENSE.TXT.

The  Software  may include  certain  items  of third  party software  that  are  subject  to  open source licenses (“Open Source Software”), which may include, but are not limited to, one or  more  of  the  third  party  provider  licenses  and/or  agreements  set  forth  above.  Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software.  Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open Source Software. 

2.License Restrictions. Your right to use the Software is limited to the license grant above, and  you  may  not  otherwise  copy,  display,  seek  to  disable,  distribute,  perform,  publish, modify, transfer, create works from, or use the  Software or any component of it, except as  expressly  authorized  by DCC.  Unless  expressly  authorized  by DCC,  you  are prohibited from making a copy of the  Software available on a network where it could be used or downloaded by multiple users. You may not decompile, disassemble, or reverse engineer  the  Software,  or  any  component thereof,  by any  means  whatsoever.  You may not  remove,  alter,  or  obscure  the  trademarks  or  logos,  legal  notices,  or  any  product identification,  copyright,  or  other  intellectual  property notices  in  the  Software  or  related assets, whether of DCC, its third party providers or otherwise.  

3.   Reservation of Rights; Intellectual Property Rights. 3.1  Except as expressly licensed to you herein, as between the parties, DCC reserves all right, title and interest in the Software (including all characters, images, photographs, animations,  video,  music  and  text),  and  all  associated  copyrights,  trademarks,  and other  intellectual  property  rights;  DCC  makes  no  claims  with  respect  to  any  item, material  or  intellectual  property  contained  in  the  Software the  rights  to  which  are owned and/or controlled by third party(ies), such remaining the property of its (their) respective owner(s). Any unauthorized use of these materials may violate applicable copyright,  trademark  and/or  other  proprietary  rights  of DCC  and/or  third  parties,  as well  as  the  laws  of  privacy,  publicity  and  other  regulations  and  statutes.  Nothing contained  in  this  Agreement  or  the  Software  shall  be  construed  as  granting,  by implication  or  otherwise,  any  license  or  right  to  use  any  trademark  or  other proprietary information without the express written consent of the owner thereof.  The structure, organization and code of the  Software are the valuable trade secrets  and confidential  information  of DCC.  The  Software  is  protected  by  applicable  law, including  without  limitation  the  copyright  laws  of  the United  States  and  other countries,  and  by  international  treaty  provisions.    You  agree  to  protect DCC’s copyright and other ownership interests in all items in the Software.

3.2  DCC respects the intellectual property rights of others. Please do not upload, post or otherwise share any item, material or intellectual property, including, without limitation any  content  that  you  or  another  user  may  have  created  or  generated  (“UGC”)  that violates or infringes this agreement, the intellectual property rights of any third party, any  third  party’s  rights  of  privacy  and/or  publicity,  or  applicable  law.  DCC  may remove any UGC that it believes in its sole discretion may violate or infringe any of the aforementioned without prior notice to you. Should you believe that any element or  component  of  the  Software,  including,  without  limitation,  any  audio  and/or visual item  or material, may infringe  or violate  your  rights  or the  rights  of  others,  including constituting  copyright  infringement  under  applicable  law  (including  Title  17  of  the United  States  Code,  see  17  U.S.C.  §502,  et  seq.),  please  notify  us  immediately  at Digital Cybercherries, Limited, Attn: Designated Agent, 166 Cop Lane, Penwortham, Preston,        Lancashire,        England        PR19AD        or        by        email        to [email protected].  By  uploading  or  posting  any  UGC  you  grant DCC an    irrevocable, non-exclusive,    royalty-free,    assignable,    sub-licensable, perpetual  right  and  license  to  use,  copy,  reproduce,  distribute,  publish,  publicly perform, publicly display, modify, adapt, translate, archive, store, translate and create derivative works from the UGC that you provide, throughout the universe, in any and all  manner,  means,  form,  format  and/or  media  now  known  or  hereafter  devised, including, without limitation, including such in or in connection with the Software and allowing other users of the Software or DCC-controlled websites or channels of use, to  use  such  UGC.  You  also  waive  any  and  all  rights  of  attribution,  integrity  or  any other  moral  rights,  rights  morale  or droit  moral  arising  out  of  or  related  to  the  UGC that you provide; to the extent any of such  moral rights  are not waivable, you agree not to bring, assert or allow others to bring or assert any claims with respect to such moral rights.  For purposes of clarity, you, not us, continue to own and be responsible for the UGC; DCC just has the right to use the UGC in any manner it determines in its sole   discretion.   Without   limiting   the   aforementioned   you   and   solely   you   are responsible for all UGC that you provide.

4.   Automatic  Downloads,  Updates,  Upgrades  and  Features –  Your  Consent  to  Our  Use.  You agree that the  Software may automatically download and install updates, upgrades and  additional  features.    In  the  case  of  any  such  updates,  upgrades  and/or  additional features,  any  obligation  that DCC  may  have  to  support  the  previous  version  of  the Software  may  end  upon  the  Software  becoming  available  inclusive  of  the  update, upgrade or implementation of additional features.

5.   Assignment  of  Your  Rights  in  any  Contributions.    In  exchange  for  use  of  the  Software, and  to  the  extent  that  your  contributions  through  use  of  the  Software  give  rise  to  any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to DCC  exclusively,  perpetually  and  throughout  the  universe, any  and  all  right,  title  and interest  in  and  to  your  contributions,  including  without  limitation  all  copyrights,  trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect  thereto,  and  all  renewals  and  extensions  thereof  free  and  clear  of  any  and  all rights  and  claims  by  you  or  any  third  party.  For  purposes  of clarity,  such  assignment includes  the  right to  use,  perform,  exhibit  and/or  exploit  such  contributions  in  perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised.  In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or  in  the  event  such  rights  or  materials  cannot  be  assigned,  then  you  hereby  grant  to DCC  an  irrevocable,  exclusive,  royalty-free,  assignable,  sub-licensable,  perpetual  right and license to use your contributions in any and all manner, means, form, format and/or media, whether now known or hereafter devised, throughout the universe, and agree not to  use  such  contributions  yourself  or  to  any  third  party’s  benefit.    You  also  waive  any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions.  You acknowledge that your ability to access and use the Software  in  accordance  with  the  terms  and  conditions  of  this  Agreement  is  sufficient consideration  for  the  rights  assigned  or  granted  pursuant  to  this  Agreement  and  such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration. 

6.   Cookies,  Web  Beacons,  Analytics and  Like  Tracking  Technologies;  Data  Collection –Your Informed Consent to Our Use.   To facilitate product support, product development and  improvement  as  well  as  other  services  to  you,  you  agree  that DCC  or  other  third parties  may  use  cookies,  web  beacons  and  other  analytic  technologies  to  collect,  use, store and transmit non-personally identifiable technical and related information regarding your device (including unique device id or UDID), IP address, geo-location, device make and  model,  operating  system,  software  and  applications,  including  Software  usage  data (collectively, “tracking technologies”). By accessing or  using tracking technologies, DCC or a third party may track usage of an  application and/or the Software, and also provide you  with  advertisements  that  are  sent  to  you  based  on  the  usage  data  collected.    In addition, DCC  and/or  third  parties  may  collect,  store,  use  and  transmit  non-personally identifiable  Software  data,  session  data,  browser  identifiers,  carrier  information,  as  well as online and Software usage metrics, statistics and/or analytics. Data collected by third parties  will  be  collected,  used,  stored,  transferred  and  disclosed  pursuant  to  the  third party’s privacy policy.   You should review the privacy policy for each such third party.  If you  do  not  wish  to  review  those  privacy  policies  or  if  you  are  concerned  about  the information they may collect, do not install or use this Software. DCC does not guarantee that all third parties that may collect information about you via this Software have an opt-out for behavioral tracking. 

7.   Termination of Agreement; Survival.  This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below.  You  agree,  upon  termination,  to  immediately  destroy  all  copies  of  the  Software within your possession or control and, promptly upon DCC’s request, certify to DCC that you have done so.  Paragraphs 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of this Agreement shall survive any termination or expiration of this Agreement.

8.   Changes  or  Revisions  to  this  Agreement.   DCC  reserves  the  right,  at  its  sole  and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. DCC will post a notice of such changes  on  its  website  pursuant  to  the  Notice  provision  below.  If  any  changes  to  this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement,  you  must  immediately  stop  using  the  Software.   Your  continued  use  of  the Software following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions. 

9.   Notices.    In  accordance  with  provisions  in  this  Agreement requiring DCC  give  notice  to you, DCC will do so by means of a general notice on its website, in the Software, or on the  Steam  community  page  of  the  Software,  the  choice  of  which  being  at DCC’s sole discretion. Any  notices  to  DCC  can  be  sent  to  DCC  at  166  Cop  Lane, Penwortham, Preston, Lancashire, England PR19AD. 

10.“As Is” Software; Disclaimer of Warranties.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE  LAW,  THE  SOFTWARE  IS  PROVIDED  "AS  IS.”  NEITHER DCC,  ITS THIRD   PARTY   PROVIDERS,   NOR   ANY   PERSON   OR   ENTITY   INVOLVED   IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE  SOFTWARE, THE  SOFTWARE,  OR  ANY DCC  PRODUCTS,  NOR  ANY  OF  THEIR  RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, INVESTORS, PROFESSIONAL   REPRESENTATIVES,   LICENSORS,   LICENSEES   OR   AGENTS, MAKE  ANY  WARRANTY  WHATSOEVER,  INCLUDING  WITHOUT  LIMITATION,  THAT THE SOFTWARE  WILL  BE  ERROR-FREE,  SECURE,  THAT  DEFECTS  WILL  BE CORRECTED,  OR  THAT  THE  SOFTWARE  IS  FREE  OF  VIRUSES  OR  OTHER HARMFUL   COMPONENTS. DCC   EXPRESSLY   DISCLAIMS   ALL   WARRANTIES, EXPRESS  OR  IMPLIED,  INCLUDING WITHOUT  LIMITATION  THE WARRANTIES  OF MERCHANTABILITY  OR  FITNESS  FOR  ANY  PARTICULAR  PURPOSE  OR  USE, SECURITY,  AND NON-INFRINGEMENT. DCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS    REGARDING    THE    USE,    VALIDITY,    ACCURACY    OR RELIABILITY   OF,   OR   THE   RESULTS   OF   THE   USE   OF,   OR   OTHERWISE RESPECTING, THE MATERIALS IN THE SOFTWARE. 

11.  Limitation  of  Liability.    NEITHER DCC,  ITS  THIRD  PARTY  PROVIDERS,  NOR  ANY PERSON  OR  ENTITY  INVOLVED  IN  CREATING,  PRODUCING  OR  DISTRIBUTING THE  SOFTWARE,  NOR  ANY  OF  THEIR  RESPECTIVE  DIRECTORS,  OFFICERS, EMPLOYEES,     SHAREHOLDERS,     MEMBERS,     INVESTORS,     PROFESSIONAL REPRESENTATIVES,  LICENSORS,  LICENSEES  OR  AGENTS,  SHALL  BE  LIABLE  IN ANY  WAY  FOR  DAMAGE  OR  LOSS  OF  ANY  KIND,  WHETHER  FOR  BREACH  OF CONTRACT,  TORTIOUS  BEHAVIOR,  NEGLIGENCE  OR  ANY  OTHER  CAUSE  OF ACTION  (EVEN  IF DCC  HAS  BEEN  ADVISED  OF  THE  POSSIBILITY  OF  SUCH DAMAGE)   RESULTING   FROM   (A)   THE   USE  OF   OR  INABILITY   TO   USE  THE SOFTWARE;  (B)  THE  BREACH  OF  ANY  REPRESENTATION  OR  WARRANTY;  (C) THE  DOWNLOADING  OF  ANY  SOFTWARE  OWNED  OR  OPERATED  BY DCC  OR ANY  THIRD  PARTY  PROVIDER;  (D)  PERSONAL  INJURY  OR  PROPERTY  DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION   SOFTWARE   OR   HARDWARE   FAILURES   OR  ANY  OTHER  EVENT WHICH  MAY  RESULT  IN  A  LOSS  OF  DATA OR  DISRUPTION  OF  SERVICE.    IN  NO EVENT SHALL DCC, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED  IN  CREATING,  PRODUCING  OR  DISTRIBUTING  THE  SOFTWARE,  OR ANY     OF     THEIR     RESPECTIVE     DIRECTORS,     OFFICERS,     EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES  OR  AGENTS,  BE  LIABLE  TO  YOU  OR  ANYONE  ELSE  FOR  ANY INDIRECT,   INCIDENTAL,   SPECIAL,   EXEMPLARY,   CONSEQUENTIAL   OR   ANY OTHER  DAMAGES  RESULTING  FROM  THE  USE  OF  OR  INABILITY  TO  USE  THE SOFTWARE    OR    OTHERWISE    IN    CONNECTION    WITH    THIS    AGREEMENT, INCLUDING,  BUT  NOT  LIMITED  TO,  LOSS  OF  GOODWILL,  WORK  STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS, AND/OR YOU MAY RESIDE  IN  A  JURISDICTION  THAT  AFFORDS  YOU  SIGNIFICANTLY  BROADER RIGHTS,  IN  WHICH  CASE(S)  SOME  OF  THE  WARRANTIES  OR  DISCLAIMERS PROVIDED  IN  THIS  AGREEMENT  MAY  NOT  BE  APPLICABLE.    TO  THE  EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR  FAILS  OF  ITS  ESSENTIAL  PURPOSE,  THE  TOTAL  LIABILITY  ARISING  FROM THIS  AGREEMENT  OF  DCC  AND  ITS  THIRD  PARTY  PROVIDERS  AND  SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

FOR  EUROPEAN  UNION  RESIDENTS  ONLY,  NOTHING  IN  THIS  AGREEMENT SHALL    LIMIT    OR    EXCLUDE    THE    STATUTORY    LIABILITY    OF    DCC    ITS REPRESENTATIVES  AND  VICARIOUS  AGENTS  (A)  FOR  INJURIES  TO  LIFE,  BODY OR HEALTH, (B) FOR DAMAGES CAUSED WITH INTENT OR GROSS NEGLIGENCE,(C)  IN  THE  EVENT  OF  FRAUDULENT  MISREPRESENTATION,  OR  (D)  FOR  ANY OTHER LIABILITY THAT THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE DO NOT ALLOW TO BE EXCLUDED OR LIMITED. IN THE EVENT OF DAMAGES TO PROPERTY AND FINANCIAL DAMAGES CAUSED BY THE SLIGHT NEGLIGENCE OF DCC,  ITS  REPRESENTATIVES  OR  VICARIOUS  AGENTS,  SUCH  PARTY  SHALL  BE LIABLE ONLY IN THE EVENT OF A VIOLATION OF A CONTRACTUAL CORE DUTY, HOWEVER    LIMITED    TO    THE    AMOUNT    OF    THE    DAMAGE    WHICH    WAS FORESEEABLE   AT   THE   TIME   OF   CONCLUSION   OF   THE   CONTRACT   AND TYPICALLY    TAKING    INTO    ACCOUNT    THE    NATURE   OF    THE    CONTRACT. CONTRACTUAL  CORE  DUTIES  ARE  SUCH  DUTIES  WHOSE  ACCOMPLISHMENT ENABLES     PROPER     FULFILLMENT     OF     AN     AGREEMENT     AND     WHOSE OBSERVANCE THE CONTRACTING PARTIES MAY REGULARLY RELY ON. 

2.  Limitation of Liability and Disclaimer of Warranties are Material Terms of this Agreement.  You agree that the terms of this Agreement that limit liability and disclaim warranties are material  and  essential  terms  of  this  Agreement  and  that DCC  would  not  grant  you  the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties. 

13.  All   Associated   Fees   and   Costs   are   Your   Responsibility. YOU   ARE   SOLELY RESPONSIBLE   FOR   ANY   FEES   OR   COSTS   THAT   YOU   MAY   INCUR   IN CONNECTION WITH YOUR USE OF THE  SOFTWARE. You must provide at your own expense  the  equipment, Internet  connections  or  devices and/or  service  plans  to  access and  use  this  Software. Any  and  all  fees  or  costs  that  you  may  incur  in  connection  with accessing  and/or  using  the  Software  or  otherwise  in  connection  with  this  Agreement, including, among others, those related to an Internet connection, Internet service provider fees,  the  cost  of  any  hardware  or  software,  wireless  charges,  data  charges,  messaging charges or any fee or cost charged by or incurred in  connection with any third party are your  sole  responsibility  (and,  for  clarity  are  not  the  responsibility,  for  any  reason whatsoever,  of DCC  or  any  other  individual  or  entity).    Please  check  with  your  Internet service provider and/or wireless carrier to determine if any fees  or costs related to your access and/or use of the Software may apply. DCC does not guarantee that this Software can be accessed on all devices or wireless service plans. DCC does not guarantee that this Software is available in all geographic locations. 

14.  Defense, Indemnification and Hold Harmless.  You agree to defend, indemnify and hold harmless DCC,  and  any  of  its  directors,  officers,  employees,  affiliates,  shareholders, members or agents, from and against any and all claims, losses, damages, liabilities other  expenses  (including  reasonable  attorneys’  fees),  arising  from  your  breach  of  this Agreement. 

15.  Export Controls and Regulations. While others may be the exporter of the Software, the Software  may  be  subject  to  United  States  export  controls  and  similar  laws  of  other jurisdictions. No component  or  element  from  the  Software  may  be  downloaded  or otherwise  exported  or  re-exported  (a)  into  (or  to  a  national  or  resident  of)  Cuba,  North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a“terrorist supporting” country; 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 Deny Orders.  By using the Software, 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.Your  Agreement  to  Arbitrate  All  Disputes.    Any  dispute,  claim  or  controversy  arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or  validity  thereof,  including  the  determination  of  the  scope  or  applicability  of  this agreement  to  arbitrate,  shall  be  determined  by  arbitration  in  San  Francisco,  California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’Streamlined  Arbitration  Rules  and  Procedures.  Judgment  may  be entered  in  any  court having jurisdiction. Notwithstanding the foregoing, DCC may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which DCC or its assigns may be entitled under this Agreement or applicable law, in the event of any actual or threatened breach of this Agreement by you or  on  your  behalf, DCC  would  be  irreparably  damaged  if  this  Agreement  where  not specially enforced and, as such, you agree that DCC shall be entitled, without the need to post  bond  or  other  security  or  provide  proof  of  damages,  to  obtain  injunctive  relief  or other  equitable  relief  in  any  court  of  competent  jurisdiction.  You  may  not,  in  any circumstance,  seek  to  enjoin  or  limit  the  availability  of the  Software. To  the  full  extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority  for  any  claim  related  to  this  Agreement  or  the  Software  to  be  arbitrated  on  a class  action  basis  or  to  utilize  class  action  procedures;  and  (c)  there  is  no  right  or authority for any claim to be brought in a purported representative capacity on behalf of the  general  public  or  any  other  persons. YOU  AND DCC AGREE  THAT  EACH  MAY BRING   CLAIMS   AGAINST  THE  OTHER   ONLY  IN   YOUR  OR  ITS   INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS  OR  REPRESENTATIVE  PROCEEDING. Further,  unless  both  you  and DCC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

17.  Waiver or Right to Jury Trial.  THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL   WITH   RESPECT   TO   ALL   CLAIMS   AND   ISSUES   ARISING   UNDER,   IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.  YOU UNDERSTAND THAT, ABSENT THIS PROVISION,  YOU  WOULD  HAVE  THE  RIGHT  TO  SUE  IN  COURT  AND  HAVE  A JURY TRIAL.

18.  Governing   Law,   No   Assignment,   Entire   Agreement,   No   Waiver,   Severability   and Interpretation.  This Agreement is governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You may not assign any  part  of  this  Agreement  without  the  prior  written  consent  of DCC.  Any  attempted assignment  without  such  consent  shall  be  void.   This  Agreement  constitutes  the  entire understanding  and agreement between you and DCC with respect to the  Software, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the  remaining  terms  will  continue  to  be  valid  and  enforceable  to  the  fullest  extent permitted  by  law.Either  party’s  failure  to  act  with  respect  to  any  provision  of  this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy  available  to  such  party  whether  under  this  Agreement or  applicable  law.Headings  and  titles  are  provided  solely  for  convenience and  have  no  meaning  or interpretative effect.

19.  Epic Games and Other Third Party Providers.  Included among the third party providers of DCC,  among  others,  is  Epic  Games,  Inc.,  licensor  of  the  Unreal®  Engine  code  and other  code,  materials,  and  information  that  may  be  included  in  the  Software  (the “Epic Materials”).  For purposes of clarity all Epic Materials are provided on an “as is”and “as available” basis, “with all faults” and without warranty of any kind.To the extent that you are  accessing  or  using  the  Software  through  Steam DCC  (and  not  Steam)  makes  the Software available to you in accordance with this Agreement, including, without limitation, the terms of this paragraph, which are required by  Steam. The parties acknowledge that Steam  is  not  responsible  for  the  Software  or  any  of  the  content  thereof  (excluding  any Steam  Software  included  in  the  Software),  and  has  no  obligation  to  furnish  any maintenance or support services with respect to the Software. Without limiting any of the terms set forth elsewhere in this Agreement, including, without limitation, the disclaimer of all  warranties,  in  the  event  of  any  failure  of  the  Software  to  conform  to  any  applicable warranty, if any, you may notify  Steam and Steam will refund the purchase price for the Software to you, which is Steam’s sole warranty obligation whatsoever with respect to the Software. For clarity,  this  includes  (and  as  between  us  and  Steam, is  our  responsibility) any  claims  that  you  or  any  third  party  may  have  relating  to  the  Software  or  our possession or use of that Software, including, but not limited to: (i) product liability claims; (ii)  any  claim  that  the  Software  fails  to  conform  to  any  applicable  legal  or  regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any  third  party  claim  that  the  Software  infringes  that  third  party’s  intellectual  property rights. The   parties   acknowledge   that   Steam   and   its   subsidiaries   are   third   party beneficiaries of this Agreement solely as it relates to the Steam Software contained in the Licensed Software and, as  such, upon your acceptance of the terms of this Agreement, Steam will have the right (and will be deemed to have accepted the right) to enforce the terms  of  this  Agreement  solely  with  respect  to  such  Steam Software  contained  in  the Software against you as a third party beneficiary thereof. 

If you have any questions about this Agreement, or if you  want to contact DCC for any reason, please direct all correspondence to [email protected].

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