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IMPORTANT NOTICES:

If
END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the video game, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided, directly or indirecty by Atari S.A., or any one of its subsidiaries or affiliated companies, including without limitation Atari Interactive, Inc., Atari, Inc. or Infogrames LLC (collectively referred to as “Atari").

This EULA sets out the basis on which Atari makes a Product available to
you buy, download, use, access, or play the Game and/or access or(“User” or ”You”) and on which You may use Online Features (together “Use”), you represent and warrant that (i) you are aware of the applicable age rating for the Game; (ii) you are old enough to use the Game, and (iii),you thereby acknowledge and agree that you have read, understood, and agree tothem. Atari’s Privacy Policy (“Privacy Policy”) which can be bound by the terms of this End User Licence Agreement (the “EULA”) in full. The terms of this EULA include the “Privacy Policy” which is incorporated herein by reference. By accepting this EULA you are also agreeing to be bound by the terms and conditions of use and sale (the “Conditions of Use”) as detailedfound on the Frontier online store frontierstore.nethttp://www.atari.com, and/or any Frontier websites elitedangerous.comand Atari’s Terms and Use (“Terms of Use”) which can be found on https://atari.com/pages/terms-conditions, planetcoaster.comform an integral part of this EULA. If you buy, download, use, access, play, install or use the Product and/or access or use online features, You agree to accept and to be bound by (1) this EULA, (2) the Privacy Policy and (3) the Terms of Use, at all times and you represent and warrant that (i) you are aware of the applicable age rating for the Product, and (ii) you are old enough to use the Product. If You do not agree with one of these, please do not install or use the Product.

If You have an Atari Account which can be found on http://www.atari.com
(“Account”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

Atari reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.

Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use. By accepting this EULA, you are also agreeing to be bound by the terms and conditions of sale for the store from which you purchased the Prodcut or activation key.

1. GRANT OF LICENSE.

1.1 Atari (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or Atari terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from Atari. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware and the terms of this EULA shall govern unless any such upgrade is accompanied by a custom EULA. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.

1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply with the Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

You may not use of the Product or any Product content — except with prior written consent — in connection with the development, training, fine tuning, grounding (including through retrieval-augmented generation (RAG)), of any large language model, foundation model, deep machine learning, generative artificial intelligence model or algorithm, or any software or tool that incorporates generative artificial intelligence, any such use is deemed commercial and does not meet the non-commercial or other uses allowed herein.

1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with the following rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Atari. In all cases, You may only use the Product according to anticipated use of the Product.

For example purposes, and without limiting Atari’s rights to take action against You, You may not:

a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would be a breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); provided however, that proper streaming or posting videos showcasing video game content and play is not prohibited subject to limitations related to documentary type compilations;

b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;

c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on Atari’s servers and/or the Product and/or those of its service providers and partners;

d. create, supply or use alternative methods of using the Products, for example server emulators;

e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

f. transmitting or communicating any material or content which, in the sole and exclusive discretion of Atari, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

g. harassing or threatening any other users in the Product;

h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Atari’s personnel;

i. falsely claim to be an employee or representative of Atari or its partners and/or agents;

j. falsely claim an endorsement in connection with the Product or with Atari.

2. OWNERSHIP.

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Atari or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Atari’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Atari’s prior permission and, if applicable, Ataris licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Atari.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. You acknowledge that You shall acquire no proprietary rights in past or stored game play, game progress, characters or other achievements within the Product. You also acknowledge that you have no right to access the Product in source code form.

3. ACCESS TO THE PRODUCT

3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL Atari BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.

3.2 If You are using the Product on a Compatible Mobile Device, this Section 3.2 is applicable to You and to Your use of the Product:

For this EULA, “Compatible Mobile Device” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Devices covers in particular feature phones, smartphones
, frontier.co.uk, and zaonce.nettablet computers, and personal digital assistants (PDAs).

a. Product Access. To use the Product on a Compatible Mobile Device, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Device and of the electronic communication network. Atari may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.

b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, Atari may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Device. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to Atari and Atari will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances. Atari may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect Atari’s rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, Atari reserves the right to collect, store and use anonymous data about You. For further information concerning Atari’s use of Your personal data, please refer to the Privacy Policy.

c. Analytics Tools and Ad Serving Technology. You agree that Atari may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. You also agree that Atari may use third party ad serving technologies that may collect information as a result of an ad serving in the Product and that may temporarily display advertisements in the Product.

The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Device, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any).

The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other Atari Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if Atari combines any of this information with personal data, Atari will treat this information as personal data pursuant to our Privacy Policy. Upon request, Atari will use its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and, when available, the link to allow You to opt-out from their services.

4. CONSENT TO MONITOR.

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to Atari, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.

However, please note that Atari is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.

5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.

If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section is applicable to You:

Atari warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, Atari will, at Atari’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is no longer being manufactured by Atari or available in Atari’s inventory), or (d) refund Your money when You present Atari with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.

6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.

Atari only supplies the Product (including any online features) for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Product, even if we have been advised of the possibility of such damages.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. ATARI, ATARI’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. Atari DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ATARI, ATARI’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH Atari OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE DEVICE THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, Atari’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT ATARI, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Atari FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

NOTHING IN THIS SECTION 6 SHALL AFFECT ATARI’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ATARI’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FOR PURPOSES OF THIS SECTION, ATARI’s LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

7. INDEMNITY.

You are solely responsible for any damage caused to Atari, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED Atari AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Atari reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Atari. The provisions of this Section 7 shall remain in force after termination of this EULA.

8. TERMINATION.

The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and Atari (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Atari will be effective upon (a) notice to You or (b) termination of Your Atari Account (if any) or (c) at the time of Atari’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

9. CHANGES TO THIS EULA OR TO THE PRODUCT.

Atari reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on atari.com
. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

Atari may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Atari may stop to support previous versions of the Product upon availability of an updated version. Atari’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. Atari also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.

10. MISCELLANEOUS.

10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States 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.

10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Atari’s initial intentions.

10.3 No Waiver. No failure or delay by Atari (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Atari or by the User.

10.4 Law, Jurisdiction and Dispute Resolution.
10.4.1 Other than as specifically indicated below, to the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Delaware, United States. You irrevocably agree that the courts of Delaware have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).

10.4.2 If you are a resident of the United States, to the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.

10.4.3 FOR RESIDENTS OF THE UNITED STATES ONLY: DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER


IF YOU USE THE GAMEPRODUCT IN THE USA, PLEASE READ THIS CLAUSE 12 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FRONTIERATARI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRONTIER.

ATARI. IF YOU USE THE PRODUCT IN A COUNTRY OTHER THAN THE USA, THIS CLAUSE DOES NOT APPLY TO YOU.

This clause will apply to the maximum extent permitted by applicable law.
If you doand Atari cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act.

The arbitration will be conducted in New York, New York and the arbitrator will follow Delaware law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will
not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

You and Atari
agree that any dispute arising out of or related to this EULA, thenis personal to you mustand Atari and that such dispute will be resolved solely through individual arbitration and will not Use the Game.be brought as a class arbitration, class action, or any other type of representative proceeding. You and Atari agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Atari agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Any arbitration conducted pursuant to this EULA will be between Atari and You individually.
If the agreement in this clause not to bring or participate in an arbitration on a class-action basis should be found unenforceable, you areand Atari agree that it will not be severable, and that this entire clause will be deemed unenforceable and any dispute will be resolved in the process of downloading the Game,court and not by collective arbitration.

For any questions concerning this EULA,
you have the right to withdraw from the transaction without charge and for any reason prior to completing the download of the Game. However, you will lose the right to cancel the transaction once you begin to download the Game. If you have purchased the Game in CD or other physical format, you have the right to withdraw from the transaction without charge and for any reason within 14 days from the day on which you received the Game; provided that, where the Game was sealed upon delivery, you have not subsequently unsealed it. The above does not affect your rights in the event of the Game being defective.

Frontier Developments plc (“Frontier”, “we”, or “us”) reserves the right to modify, alter, amend, or update this EULA
may contact Atari at any time in its sole discretion by posting an amended version at https://www.frontier.co.uk/legal/eulathe following address: [email protected]. Any continued Use of the Game after Frontier posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.

Where a CD key or activation code is required to install this Game and/or to access any Online Features, Frontier is not responsible for reproducing or replacing such CD key or activation code, and it is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/activation codes will not be replaced by Frontier.

1. Acknowledgements

1.1 You accept responsibility in accordance with the terms of this


THIS
EULA for Using the Game on or in relation to any device, whether or not it is owned by you. You shall obtain permission from the owner of any device that is controlled, but not owned, by you for Use of the Game. You and the owner of any device may be charged by your and their service providers for internet access on the devices.

1.2 The Game may contain links to other third-party websites. Such websites are not controlled by Frontier, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.



2. Grant and Scope of Licence

2.1 Subject to your compliance with the terms of this EULA, we grant you a non-transferable, non-exclusive, non-sub licensable, revocable, limited licence to use the Game. You are permitted to:

(a) load the Game into and Use it on a single device which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic Use;

(b) transfer the Game from one such device to another; provided the Game is Used on only one device at any one time and any device on which it is Used is under your custody and control at the time of Use.

2.2 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Frontier and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.

3. Licence Restrictions

You are not permitted:

(a) to load the Game on to a network server for the purposes of distribution to one or more other device(s) on that network or to effect such distribution;

(b) except as expressly permitted by this EULA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;

(c) use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or defeat the purpose or experience of the Game;

(d) use any unauthorized software that harvests or otherwise collections information about others or the Game, including about a character or the Game environment;

(e) use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;

(f) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;

(g) violate any technology control or export laws and regulations that apply to the technology used or supported by the Game or any Online Features.



4. Acceptable Use Restrictions

4.1 You may not use the Game or any Online Features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to hacking into, inserting malicious code (including viruses or harmful data) into the Game, any Online Features or any operating system.

4.2 You may not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Online Features to the extent that such use is not licensed by this EULA.

4.3 You may not transmit any material that is unlawful, defamatory or offensive in relation to your use of the Game or the Online Features.

4.4 You may not use the Game or any Online Features in a manner that could damage, disable, impair, overburden or compromise our systems or security or interfere with the experience of other users of the Game or any Online Feature.

4.5 You may not collect or harvest any information or data from the Game, the Online Features or our systems, and may not attempt to decipher any transmissions to or from the servers running the Game or Online Features.



5. Intellectual Property Rights

5.1 You acknowledge that all ownership rights, intellectual property, trade secret and all other proprietary rights in the Game and the Online Features (including, without limitation, any computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, musical compositions, dialogue, Arrangements, or any other content protected by US or international intellectual property protection laws) are owned or licensed by Frontier, that rights in the Game are licensed rather than sold to you (subject to the licence granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordance with the terms of this EULA.

5.2 You acknowledge that you shall acquire no proprietary rights in past or stored Gameplay, Arrangements, Game progress, character or other achievements within the Game.

5.3 You acknowledge that you have no right to access the Game in source code form.

5.4 Unless otherwise noted, all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips and written and other audio-visual materials that appear in this Game (collectively, “The Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Frontier, one of its affiliates or by third parties who have licensed their materials to Frontier, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of The Contents.



6. Fees and Payment

6.1 To Use the Game you are required to pay a fee. You may also be able to purchase items within the Game or through the Online Features in return for specific charges.

6.2 Failure to pay any fees or charges will constitute a material breach of this EULA. We may amend the fees and payment terms at any time at our sole and complete discretion.

6.3 We may, in our sole discretion, waive any and all fees associated with the download of the Game in connection with special offers or promotions.



7. Game Functionality; Epilepsy Warning

7.1 Online Features

7.1.1 The Game may allow certain online services operated by Frontier and/or its affiliates or third parties authorised on their behalf to be accessed, which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game including, without limitation, online forums and sharing of content (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Game will be able to register or benefit from such services (including Online Features associated with the Game). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time, may be subject to suspension or withdrawal at any time and may be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.

7.1.2 Frontier does not own any original materials you provide to Frontier (including without limitation feedback and suggestions) or post, upload, input or submit via the Game or Online Features (each a “Contribution”), and you may request deletion of any such Contribution at any time, unless such Contribution has been shared with, or copied and stored by other users of the Game or Online Features. You agree that all rights in any arrangement of game content and/or elements that are provided by the Game and/or Online Features and posted, uploaded, inputted or submitted by you via the Game and/or Online Features (each an “Arrangement”) are owned by Frontier. By posting, uploading, inputting, providing or submitting a Contribution and/or Arrangement you are granting Frontier and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to use, copy, reproduce, publish, prepare derivative works of, distribute, transmit, transcode, translate, broadcast, and otherwise communicate publicly display and publicly perform, process, analyze, use and commercialize, in any way now known or in the future discovered, such Contribution and/or Arrangement and derivative works of such Contribution and/or Arrangement.

7.1.3 Each Contribution and/or Arrangement posted, uploaded, inputted, or submitted by you via the Game or any Online Feature is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Contribution and/or Arrangement and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

7.1.4 You understand and agree that Frontier is not obligated to use, distribute, or continue to distribute copies of any Contribution and/or Arrangement and reserves the right, but not the obligation, to restrict or remove such Contribution and/or Arrangement for any reason.

7.1.5 You may, in your sole discretion, choose to remove a Contribution and/or Arrangement from the applicable Game or Online Features. If you do so, Frontier will no longer have the right to use, distribute, transmit, communicate, publicly display or publicly perform the Contribution and/or Arrangement, except that (a) Frontier may continue to exercise these rights for any Contribution and/or Arrangement that is accepted for distribution in-game or distributed in a manner that allows it to be used in-game, and (b) your removal will not affect the rights of any company or individual who has already obtained access to a copy of the Contribution and/or Arrangement.

7.1.6 You agree that Frontier’s consideration of your Contribution and/or Arrangement is your full compensation, and you are not entitled to any other rights or compensation in connection with the rights granted to Frontier and to other companies or individuals.

7.1.7 All content posted, uploaded, inputted, or submitted by you Feature including without limitation Content and Arrangements via the Game or any Online Feature or otherwise is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

7.2 Usage Data

7.2.1 We may from time to time during your Use of the Game collect information about your device, as specified in the Privacy Policy, which forms part of this EULA. This information may also include your Game ID, Game achievements, scores and performances, IP address, MAC address or other device ID, other device use information or other information and statistics regarding your usage of the Game. This information may be used not only to help you play the Game over the Internet (where the Game contains Online Features) but also to help us better understand how our customers are using the Game, their behaviour and preferences, so that we can improve our Games and services in the future.

7.3 Communication and interaction with other users

7.3.1 The Game and/or Online Features may allow communications between users by means including but not limited to text and voice. When using such features you must use common sense and good manners, your behaviour, conduct and communications must be considerate to other users and you must not be directly or indirectly offensive, threatening, harassing or bullying to others or violate any applicable laws including but not limited to anti-discrimination legislation based on race, ethnicity, religion, gender or sexual orientation.

7.3.2 Frontier reserves the right, but not the obligation, to record, monitor and retain all or some of the communications described in clause 7.3.1 in order to safeguard other users and our community. You acknowledge that Frontier shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Game or the Online Features, including, but not limited to, content that violates any law or this EULA, the Privacy Policy, or any other applicable legal or contractual obligation.

7.3.3 By accepting these terms and conditions you hereby agree that any information collected as described in Clause 7.3.2 that is deemed to be illegal or to contravene the rights of Frontier, our employees, customers, or any other individual during Use of the Game or the Online Features may be reported to the police or other appropriate authorities, and; ii) agree to be bound by the Community Codes of Conduct for the Game, the latest version of which may be viewed here.

7.4 Patches and Updates

We may deploy or provide patches, updates and modifications to the Game that must be installed in order for you to continue to play the Game. We may update the Game remotely (including without limitation the Game client on your device), and you hereby grant us your consent to deploy and apply such patches, updates and modifications.

7.5 Epilepsy Warning

A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns. Such individuals may experience a seizure while watching certain images or playing a video Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game. If you experience any of the following symptoms while playing any video Game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video Game immediately and consult a medical professional.



8. Termination

8.1 Without prejudice to any other rights, Frontier may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Frontier’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination, including, without limitation Clauses 3-5, and 10-13.

8.2 The Online Features are provided over the internet as provided by Frontier. You acknowledge that the Online Features are provided by Frontier at its discretion and may be terminated or otherwise discontinued by Frontier at any time.



9. Limited Warranty and Support

9.1 The Game (along with any services provided by us in connection with it, including but not limited to the Online Features) is provided "as is" and without warranty of any kind, to the maximum extent permitted by law. You assume all risk associated with using the Game or the Online Features.

9.2 To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied) including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. While we endeavour to ensure that the Online Features are available at most times, we do not guarantee that they will always be available, nor that they will not become unavailable while a user is using the Game. The Online Features may become unavailable for reasons including but not limited to the performance of maintenance, the updating of software, emergency situations and equipment or network failures.

9.3 Without prejudice to the generality of the above, we do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game.

9.4 We do not warrant that the Game will operate on all devices and operating systems. It is your responsibility to refer to the minimum required technical specifications contained on the relevant product page required for effective Use of the Game and the Online Features.

9.5 If you require technical assistance, please contact our support team via https://support.frontier.co.uk. You will be responsible for all connection charges.



10. Limitation of Liability; Remedies

10.1 We only supply the Game (including the Online Features) for domestic and private use. You agree not to use the Game for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Game, even if we have been advised of the possibility of such damages.

10.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, subject to the limitations specified in clause 10.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable under this EULA if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted this EULA. Except as otherwise specified in this clause 10, in no event shall Frontier, our partners, our affiliates, or our respective licensors and suppliers be liable for any, indirect, punitive, incidental or special damages arising out of or in any way connected with any Use of the Game or the Online Features (including any delay or inability to Use the Game or the Online Features) including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses arising out of the Use of the Game or Online Features, whether based on contract, tort, strict liability or otherwise.

10.3 Notwithstanding clause 10.2, our maximum aggregate liability under, in connection with, ARISING OUT OF, OR RELATED
IS APPLICABLE ONLY TO this EULA or your use of the Game (including the Online Features), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Game. This does not apply to the types of loss set out in clause 10.4. Because Some Jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.

10.4 Nothing in this EULA shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.

10.5 You understand that the Game and/or Online Features may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.

10.6 If you breach or threaten to breach any provision in this EULA, you agree that Frontier shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Frontier shall be entitled to receive an injunction compelling specific performance by you of your obligations under this EULA without the necessity of posting any bond or other security.



11. Governing Law; Forum Selection

11.1 Subject to clauses 11.2, 11.3 and 12 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of England whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this EULA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this EULA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required. You consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens.

11.2 In the case of any claim of dispute of any nature (including non-contractual dispute) arising out of or relating to any Use of the Game by a user physically located within the United States of America at the time of the Use of the Game giving rise to such claim or dispute and subject to clause 12 below , clause 11.1 shall not apply and this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the state of Nevada, USA, not including its conflict of law principles. Subject to clause 12 below, each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the courts located in the state of Nevada, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam.

11.3 Neither the United Nations Convention on Contracts for the International Sale of Goods nor the United Nations convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this EULA.



12. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER

IF YOU USE
THE GAME IN THE USA, PLEASE READ THIS CLAUSE 12 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FRONTIER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRONTIER. IF YOU USE THE GAME IN A COUNTRY OTHER THAN THE USA, THIS CLAUSE 12 DOES NOT APPLY TO YOU.

This clause 12 will apply to the maximum extent permitted by applicable law. If you and Frontier cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act. The arbitration will be conducted in Clark County and the arbitrator will follow Nevada law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

No Class Arbitrations, Class Actions or Representative Actions. You and Frontier agree that any dispute arising out of or related to this EULA, is personal to you and Frontier and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Frontier agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Frontier agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Any arbitration conducted pursuant to this Agreement will be between Frontier and you individually. If the agreement in this clause not to bring or participate in an arbitration on a class-action basis should be found unenforceable, you and Frontier agree that it will not be severable, and that this entire clause 12 will be deemed unenforceable and any dispute will be resolved in court and not by collective arbitration.



13. Miscellaneous

13.1 We may transfer our rights and obligations under this EULA to another entity, but this will not affect your rights or obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

13.2 Each of the provisions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remainder of the EULA will remain in full force and effect.

13.3 In the event of a conflict between the terms of this EULA and the Conditions of Use, the provisions of this EULA shall prevail.

13.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

13.5 If you acquired or Use this Game in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.

13.6 This EULA constitutes the entire agreement between Frontier and you with respect to the license and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of Frontier.
EXTENT AUTHORISED BY LAW.

~
                IMPORTANT NOTICES:<br><br>If
                END USER LICENSE AGREEMENT<br><br>PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the video game, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided, directly or indirecty by Atari S.A., or any one of its subsidiaries or affiliated companies, including without limitation Atari Interactive, Inc., Atari, Inc. or Infogrames LLC (collectively referred to as “Atari").<br><br>This EULA sets out the basis on which Atari makes a Product available to
                 you 
                buy, download, use, access, or play the Game and/or access or
                (“User” or ”You”) and on which You may
                 use 
                Online Features (together “Use”), you represent and warrant that (i) you are aware of the applicable age rating for the Game; (ii) you are old enough to use the Game, and (iii),you thereby acknowledge and agree that you have read, understood, and agree to
                them. Atari’s Privacy Policy (“Privacy Policy”) which can
                 be 
                bound by the terms of this End User Licence Agreement (the “EULA”) in full. The terms of this EULA include the “Privacy Policy” which is incorporated herein by reference. By accepting this EULA you are also agreeing to be bound by the terms and conditions of use and sale (the “Conditions of Use”) as detailed
                found
                 on 
                the Frontier online store <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Ffrontierstore.net" target="_blank" rel=" noopener">frontierstore.net
                <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.atari.com" target="_blank" rel=" noopener">http://www.atari.com
                </a>, 
                and/or any Frontier websites <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Felitedangerous.com" target="_blank" rel=" noopener">elitedangerous.com
                and Atari’s Terms and Use (“Terms of Use”) which can be found on <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fatari.com%2Fpages%2Fterms-conditions" target="_blank" rel=" noopener">https://atari.com/pages/terms-conditions
                </a>, 
                <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fplanetcoaster.com" target="_blank" rel=" noopener">planetcoaster.com
                form an integral part of this EULA. If you buy, download, use, access, play, install or use the Product and/or access or use online features, You agree to accept and to be bound by (1) this EULA, (2) the Privacy Policy and (3) the Terms of Use, at all times and you represent and warrant that (i) you are aware of the applicable age rating for the Product, and  (ii) you are old enough to use the Product. If You do not agree with one of these, please do not install or use the Product.<br><br>If You have an Atari Account which can be found on <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.atari.com" target="_blank" rel=" noopener">http://www.atari.com
                </a>
                 (“Account”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. <br><br>Atari reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.<br><br>Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.  By accepting this EULA, you are also agreeing to be bound by the terms and conditions of sale for the store from which you purchased the Prodcut or activation key.<br><br>1.	GRANT OF LICENSE.<br><br>1.1	Atari (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or Atari terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from Atari. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware and the terms of this EULA shall govern unless any such upgrade is accompanied by a custom EULA. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. <br><br>1.2	You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply with the Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.<br><br>You may not use of the Product or any Product content — except with prior written consent — in connection with the development, training, fine tuning, grounding (including through retrieval-augmented generation (RAG)), of any large language model, foundation model, deep machine learning, generative artificial intelligence model or algorithm, or any software or tool that incorporates generative artificial intelligence, any such use is deemed commercial and does not meet the non-commercial or other uses allowed herein.<br><br>1.3	While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with the following rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Atari. In all cases, You may only use the Product according to anticipated use of the Product.<br><br>For example purposes, and without limiting Atari’s rights to take action against You, You may not:<br><br>a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would be a breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); provided however, that proper streaming or posting videos showcasing video game content and play is not prohibited subject to limitations related to documentary type compilations;<br><br>b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;<br><br>c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on Atari’s servers and/or the Product and/or those of its service providers and partners;<br><br>d. create, supply or use alternative methods of using the Products, for example server emulators;<br><br>e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;<br><br>f. transmitting or communicating any material or content which, in the sole and exclusive discretion of Atari, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;<br><br>g. harassing or threatening any other users in the Product;<br><br>h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Atari’s personnel;<br><br>i. falsely claim to be an employee or representative of Atari or its partners and/or agents;<br><br>j. falsely claim an endorsement in connection with the Product or with Atari.<br><br>2.	OWNERSHIP.<br><br>All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Atari or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Atari’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Atari’s prior permission and, if applicable, Ataris licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Atari. <br><br>This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. You acknowledge that You shall acquire no proprietary rights in past or stored game play, game progress, characters or other achievements within the Product.  You also acknowledge that you have no right to access the Product in source code form.<br><br>3.	ACCESS TO THE PRODUCT<br><br>3.1	THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL Atari BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.<br><br>3.2	If You are using the Product on a Compatible Mobile Device, this Section 3.2 is applicable to You and to Your use of the Product:<br><br>For this EULA, “Compatible Mobile Device” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Devices covers in particular feature phones, smartphones 
                , 
                frontier.co.uk, and <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fzaonce.net" target="_blank" rel=" noopener">zaonce.net
                tablet computers, and personal digital assistants (PDAs).<br><br>a.	Product Access. To use the Product on a Compatible Mobile Device, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Device and of the electronic communication network. Atari may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.<br><br>b.	Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, Atari may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Device. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to Atari and Atari will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances. Atari may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect Atari’s rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, Atari reserves the right to collect, store and use anonymous data about You. For further information concerning Atari’s use of Your personal data, please refer to the Privacy Policy.<br><br>c.	Analytics Tools and Ad Serving Technology. You agree that Atari may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. You also agree that Atari may use third party ad serving technologies that may collect information as a result of an ad serving in the Product and that may temporarily display advertisements in the Product. <br><br>The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Device, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). <br><br>The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other Atari Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if Atari combines any of this information with personal data, Atari will treat this information as personal data pursuant to our Privacy Policy. Upon request, Atari will use its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and, when available, the link to allow You to opt-out from their services.<br><br>4.	CONSENT TO MONITOR.<br><br>When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to Atari, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.<br><br>However, please note that Atari is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.<br><br>5.	LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.<br><br>If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section is applicable to You:<br><br>Atari warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, Atari will, at Atari’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is no longer being manufactured by Atari or available in Atari’s inventory), or (d) refund Your money when You present Atari with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program. <br><br>6.	WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.<br><br>Atari only supplies the Product (including any online features) for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Product, even if we have been advised of the possibility of such damages.<br><br>YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. ATARI, ATARI’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. Atari DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.<br><br>TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ATARI, ATARI’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. <br>NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH Atari OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE DEVICE THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, Atari’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT ATARI, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Atari FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.<br><br>NOTHING IN THIS SECTION 6 SHALL AFFECT ATARI’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ATARI’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<br><br>FOR PURPOSES OF THIS SECTION, ATARI’s LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.<br><br>7. INDEMNITY.<br><br>You are solely responsible for any damage caused to Atari, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.<br><br>YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED Atari AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Atari reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Atari. The provisions of this Section 7 shall remain in force after termination of this EULA.<br><br>8.	TERMINATION.<br><br>The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and Atari (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Atari will be effective upon (a) notice to You or (b) termination of Your Atari Account (if any) or (c) at the time of Atari’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.<br><br>9. CHANGES TO THIS EULA OR TO THE PRODUCT.<br><br>Atari reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fatari.com" target="_blank" rel=" noopener">atari.com
                </a>.
                 You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.<br><br>Atari may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Atari may stop to support previous versions of the Product upon availability of an updated version. Atari’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. Atari also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product. <br><br>10.	MISCELLANEOUS.<br><br>10.1	Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States 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.<br><br>10.2	Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Atari’s initial intentions.<br><br>10.3	No Waiver. No failure or delay by Atari (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Atari or by the User.<br><br>10.4	Law, Jurisdiction and Dispute Resolution. <br>10.4.1	Other than as specifically indicated below, to the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Delaware, United States. You irrevocably agree that the courts of Delaware have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).<br><br>10.4.2	If you are a resident of the United States, to the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.<br><br>10.4.3	FOR RESIDENTS OF THE UNITED STATES ONLY: DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
                <br><br>IF YOU USE THE 
                GAME
                PRODUCT
                 IN THE USA, PLEASE READ 
                THIS 
                CLAUSE 
                12 
                CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH 
                FRONTIER
                ATARI
                 AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 
                FRONTIER.<br><br>
                ATARI. IF YOU USE THE PRODUCT  IN A COUNTRY OTHER THAN THE USA, THIS CLAUSE DOES NOT APPLY TO YOU.<br><br>This clause will apply to the maximum extent permitted by applicable law. 
                If you 
                do
                and Atari cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act. <br><br>The arbitration will be conducted in New York, New York and the arbitrator will follow Delaware law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will
                 not 
                award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.<br><br>YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.<br><br>You and Atari 
                agree 
                that any dispute arising out of or related 
                to this EULA, 
                then
                is personal to
                 you 
                must
                and Atari and that such dispute will be resolved solely through individual arbitration and will
                 not 
                Use the Game.
                be brought as a class arbitration, class action, or any other type of representative proceeding. You and Atari agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Atari agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.<br><br>Any arbitration conducted pursuant to this EULA will be between Atari and You individually.
                 If 
                the agreement in this clause not to bring or participate in an arbitration on a class-action basis should be found unenforceable, 
                you 
                are
                and Atari agree that it will not be severable, and that this entire clause  will be deemed unenforceable and any dispute will be resolved
                 in 
                the process of downloading the Game,
                court and not by collective arbitration.<br><br>For any questions concerning this EULA,
                 you 
                have the right to withdraw from the transaction without charge and for any reason prior to completing the download of the Game. However, you will lose the right to cancel the transaction once you begin to download the Game. If you have purchased the Game in CD or other physical format, you have the right to withdraw from the transaction without charge and for any reason within 14 days from the day on which you received the Game; provided that, where the Game was sealed upon delivery, you have not subsequently unsealed it. The above does not affect your rights in the event of the Game being defective.<br><br>Frontier Developments plc (“Frontier”, “we”, or “us”) reserves the right to modify, alter, amend, or update this EULA
                may contact Atari
                 at 
                any time in its sole discretion by posting an amended version at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.frontier.co.uk%2Flegal%2Feula" target="_blank" rel=" noopener">https://www.frontier.co.uk/legal/eula
                the following address: <a href="mailto:[email protected]">[email protected]
                </a>.
                 Any continued Use of the Game after Frontier posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.<br><br>Where a CD key or activation code is required to install this Game and/or to access any Online Features, Frontier is not responsible for reproducing or replacing such CD key or activation code, and it is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/activation codes will not be replaced by Frontier.<br><br>1. Acknowledgements<br><br>1.1 You accept responsibility in accordance with the terms of this
                <br><br>THIS
                 EULA 
                for Using the Game on or in relation to any device, whether or not it is owned by you. You shall obtain permission from the owner of any device that is controlled, but not owned, by you for Use of the Game. You and the owner of any device may be charged by your and their service providers for internet access on the devices.<br><br>1.2 The Game may contain links to other third-party websites. Such websites are not controlled by Frontier, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.<br><br> <br><br>2. Grant and Scope of Licence<br><br>2.1 Subject to your compliance with the terms of this EULA, we grant you a non-transferable, non-exclusive, non-sub licensable, revocable, limited licence to use the Game. You are permitted to:<br><br>(a) load the Game into and Use it on a single device which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic Use;<br><br>(b) transfer the Game from one such device to another; provided the Game is Used on only one device at any one time and any device on which it is Used is under your custody and control at the time of Use.<br><br>2.2 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Frontier and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.<br><br>3. Licence Restrictions<br><br>You are not permitted:<br><br>(a) to load the Game on to a network server for the purposes of distribution to one or more other device(s) on that network or to effect such distribution;<br><br>(b) except as expressly permitted by this EULA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;<br><br>(c) use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or defeat the purpose or experience of the Game;<br><br>(d) use any unauthorized software that harvests or otherwise collections information about others or the Game, including about a character or the Game environment;<br><br>(e) use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;<br><br>(f) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;<br><br>(g) violate any technology control or export laws and regulations that apply to the technology used or supported by the Game or any Online Features.<br><br> <br><br>4. Acceptable Use Restrictions<br><br>4.1 You may not use the Game or any Online Features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to hacking into, inserting malicious code (including viruses or harmful data) into the Game, any Online Features or any operating system.<br><br>4.2 You may not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Online Features to the extent that such use is not licensed by this EULA.<br><br>4.3 You may not transmit any material that is unlawful, defamatory or offensive in relation to your use of the Game or the Online Features.<br><br>4.4 You may not use the Game or any Online Features in a manner that could damage, disable, impair, overburden or compromise our systems or security or interfere with the experience of other users of the Game or any Online Feature.<br><br>4.5 You may not collect or harvest any information or data from the Game, the Online Features or our systems, and may not attempt to decipher any transmissions to or from the servers running the Game or Online Features.<br><br> <br><br>5. Intellectual Property Rights<br><br>5.1 You acknowledge that all ownership rights, intellectual property, trade secret and all other proprietary rights in the Game and the Online Features (including, without limitation, any computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, musical compositions, dialogue, Arrangements,  or any other content protected by US or international intellectual property protection laws) are owned or licensed by Frontier, that rights in the Game are licensed rather than sold to you (subject to the licence granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordance with the terms of this EULA.<br><br>5.2 You acknowledge that you shall acquire no proprietary rights in past or stored Gameplay, Arrangements, Game progress, character or other achievements within the Game.<br><br>5.3 You acknowledge that you have no right to access the Game in source code form.<br><br>5.4 Unless otherwise noted, all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips and written and other audio-visual materials that appear in this Game (collectively, “The Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Frontier, one of its affiliates or by third parties who have licensed their materials to Frontier, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of The Contents.<br><br> <br><br>6. Fees and Payment<br><br>6.1 To Use the Game you are required to pay a fee. You may also be able to purchase items within the Game or through the Online Features in return for specific charges.<br><br>6.2 Failure to pay any fees or charges will constitute a material breach of this EULA. We may amend the fees and payment terms at any time at our sole and complete discretion.<br><br>6.3 We may, in our sole discretion, waive any and all fees associated with the download of the Game in connection with special offers or promotions.<br><br> <br><br>7. Game Functionality; Epilepsy Warning<br><br>7.1 Online Features<br><br>7.1.1 The Game may allow certain online services operated by Frontier and/or its affiliates or third parties authorised on their behalf to be accessed, which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game including, without limitation, online forums and sharing of content (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Game will be able to register or benefit from such services (including Online Features associated with the Game). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time, may be subject to suspension or withdrawal at any time and may be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.<br><br>7.1.2 Frontier does not own any original materials you provide to Frontier (including without limitation feedback and suggestions) or post, upload, input or submit via the Game or Online Features (each a “Contribution”), and you may request deletion of any such Contribution at any time, unless such Contribution has been shared with, or copied and stored by other users of the Game or Online Features. You agree that all rights in any arrangement of game content and/or elements that are provided by the Game and/or Online Features and posted, uploaded, inputted or submitted by you via the Game and/or Online Features (each an “Arrangement”) are owned by Frontier.  By posting, uploading, inputting, providing or submitting a Contribution and/or Arrangement you are granting Frontier and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to use, copy, reproduce, publish, prepare derivative works of, distribute, transmit, transcode, translate, broadcast, and otherwise communicate publicly display and publicly perform, process, analyze, use and commercialize, in any way now known or in the future discovered, such Contribution and/or Arrangement and derivative works of such Contribution and/or Arrangement.<br><br>7.1.3 Each Contribution and/or Arrangement posted, uploaded, inputted, or submitted by you via the Game or any Online Feature is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Contribution and/or Arrangement and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.<br><br>7.1.4 You understand and agree that Frontier is not obligated to use, distribute, or continue to distribute copies of any Contribution and/or Arrangement and reserves the right, but not the obligation, to restrict or remove such Contribution and/or Arrangement for any reason.<br><br>7.1.5 You may, in your sole discretion, choose to remove a Contribution and/or Arrangement from the applicable Game or Online Features. If you do so, Frontier will no longer have the right to use, distribute, transmit, communicate, publicly display or publicly perform the Contribution and/or Arrangement, except that (a) Frontier may continue to exercise these rights for any Contribution and/or Arrangement that is accepted for distribution in-game or distributed in a manner that allows it to be used in-game, and (b) your removal will not affect the rights of any company or individual who has already obtained access to a copy of the Contribution and/or Arrangement.<br><br>7.1.6 You agree that Frontier’s consideration of your Contribution and/or Arrangement is your full compensation, and you are not entitled to any other rights or compensation in connection with the rights granted to Frontier and to other companies or individuals.<br><br>7.1.7 All content posted, uploaded, inputted, or submitted by you Feature including without limitation Content and Arrangements via the Game or any Online Feature or otherwise is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.<br><br>7.2 Usage Data<br><br>7.2.1 We may from time to time during your Use of the Game collect information about your device, as specified in the Privacy Policy, which forms part of this EULA. This information may also include your Game ID, Game achievements, scores and performances, IP address, MAC address or other device ID, other device use information or other information and statistics regarding your usage of the Game. This information may be used not only to help you play the Game over the Internet (where the Game contains Online Features) but also to help us better understand how our customers are using the Game, their behaviour and preferences, so that we can improve our Games and services in the future.<br><br>7.3 Communication and interaction with other users<br><br>7.3.1 The Game and/or Online Features may allow communications between users by means including but not limited to text and voice. When using such features you must use common sense and good manners, your behaviour, conduct and communications must be considerate to other users and you must not be directly or indirectly offensive, threatening, harassing or bullying to others or violate any applicable laws including but not limited to anti-discrimination legislation based on race, ethnicity, religion, gender or sexual orientation.<br><br>7.3.2 Frontier reserves the right, but not the obligation, to record, monitor and retain all or some of the communications described in clause 7.3.1 in order to safeguard other users and our community. You acknowledge that Frontier shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Game or the Online Features, including, but not limited to, content that violates any law or this EULA, the Privacy Policy, or any other applicable legal or contractual obligation.<br><br>7.3.3 By accepting these terms and conditions you hereby agree that any information collected as described in Clause 7.3.2 that is deemed to be illegal or to contravene the rights of Frontier, our employees, customers, or any other individual during Use of the Game or the Online Features may be reported to the police or other appropriate authorities, and; ii) agree to be bound by the Community Codes of Conduct for the Game, the latest version of which may be viewed here.<br><br>7.4 Patches and Updates<br><br>We may deploy or provide patches, updates and modifications to the Game that must be installed in order for you to continue to play the Game. We may update the Game remotely (including without limitation the Game client on your device), and you hereby grant us your consent to deploy and apply such patches, updates and modifications.<br><br>7.5 Epilepsy Warning<br><br>A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns.  Such individuals may experience a seizure while watching certain images or playing a video Game.  If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game.  If you experience any of the following symptoms while playing any video Game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video Game immediately and consult a medical professional.<br><br> <br><br>8. Termination<br><br>8.1 Without prejudice to any other rights, Frontier may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Frontier’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination, including, without limitation Clauses 3-5, and 10-13.<br><br>8.2 The Online Features are provided over the internet as provided by Frontier.  You acknowledge that the Online Features are provided by Frontier at its discretion and may be terminated or otherwise discontinued by Frontier at any time.<br><br> <br><br>9. Limited Warranty and Support<br><br>9.1 The Game (along with any services provided by us in connection with it, including but not limited to the Online Features) is provided "as is" and without warranty of any kind, to the maximum extent permitted by law. You assume all risk associated with using the Game or the Online Features.<br><br>9.2 To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied) including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. While we endeavour to ensure that the Online Features are available at most times, we do not guarantee that they will always be available, nor that they will not become unavailable while a user is using the Game. The Online Features may become unavailable for reasons including but not limited to the performance of maintenance, the updating of software, emergency situations and equipment or network failures.<br><br>9.3 Without prejudice to the generality of the above, we do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game.<br><br>9.4 We do not warrant that the Game will operate on all devices and operating systems. It is your responsibility to refer to the minimum required technical specifications contained on the relevant product page required for effective Use of the Game and the Online Features.<br><br>9.5 If you require technical assistance, please contact our support team via <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fsupport.frontier.co.uk" target="_blank" rel=" noopener">https://support.frontier.co.uk</a>. You will be responsible for all connection charges.<br><br> <br><br>10. Limitation of Liability; Remedies<br><br>10.1 We only supply the Game (including the Online Features) for domestic and private use. You agree not to use the Game for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Game, even if we have been advised of the possibility of such damages.<br><br>10.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, subject to the limitations specified in clause 10.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable under this EULA if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted this EULA. Except as otherwise specified in this clause 10, in no event shall Frontier, our partners, our affiliates, or our respective licensors and suppliers be liable for any, indirect, punitive, incidental or special damages arising out of or in any way connected with any Use of the Game or the Online Features (including any delay or inability to Use the Game or the Online Features) including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses arising out of the Use of the Game or Online Features, whether based on contract, tort, strict liability or otherwise.<br><br>10.3 Notwithstanding clause 10.2, our maximum aggregate liability under, in connection with, ARISING OUT OF, OR RELATED
                IS APPLICABLE ONLY
                 TO 
                this EULA or your use of the Game (including the Online Features), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Game. This does not apply to the types of loss set out in clause 10.4.  Because Some Jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.<br><br>10.4 Nothing in this EULA shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.<br><br>10.5 You understand that the Game and/or Online Features may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.<br><br>10.6 If you breach or threaten to breach any provision in this EULA, you agree that Frontier shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Frontier shall be entitled to receive an injunction compelling specific performance by you of your obligations under this EULA without the necessity of posting any bond or other security.<br><br> <br><br>11. Governing Law; Forum Selection<br><br>11.1 Subject to clauses 11.2,  11.3 and 12 below,  this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of England whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this EULA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this EULA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required. You consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens.<br><br>11.2 In the case of any claim of dispute of any nature (including non-contractual dispute) arising out  of or relating to any Use of the Game by a user physically located within the United States of America at the time of the Use of the Game giving rise to such claim or dispute and subject to clause 12 below , clause 11.1 shall not apply and this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the state of Nevada, USA, not including its conflict of law principles. Subject to clause 12 below, each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the courts located in the state of Nevada, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam.<br><br>11.3 Neither the United Nations Convention on Contracts for the International Sale of Goods nor the United Nations convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this EULA.<br><br> <br><br>12. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER<br><br>IF YOU USE 
                THE 
                GAME IN THE USA, PLEASE READ THIS CLAUSE 12 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FRONTIER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRONTIER. IF YOU USE THE GAME IN A COUNTRY OTHER THAN THE USA, THIS CLAUSE 12 DOES NOT APPLY TO YOU.<br><br>This clause 12 will apply to the maximum extent permitted by applicable law. If you and Frontier cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act. The arbitration will be conducted in Clark County and the arbitrator will follow Nevada law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.<br><br>YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.<br><br>No Class Arbitrations, Class Actions or Representative Actions. You and Frontier agree that any dispute arising out of or related to this EULA, is personal to you and Frontier and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Frontier agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Frontier agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.<br><br>Any arbitration conducted pursuant to this Agreement will be between Frontier and you individually. If the agreement in this clause not to bring or participate in an arbitration on a class-action basis should be found unenforceable, you and Frontier agree that it will not be severable, and that this entire clause 12 will be deemed unenforceable and any dispute will be resolved in court and not by collective arbitration.<br><br> <br><br>13. Miscellaneous<br><br>13.1 We may transfer our rights and obligations under this EULA to another entity, but this will not affect your rights or obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.<br><br>13.2 Each of the provisions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remainder of the EULA will remain in full force and effect.<br><br>13.3 In the event of a conflict between the terms of this EULA and the Conditions of Use, the provisions of this EULA shall prevail.<br><br>13.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.<br><br>13.5 If you acquired or Use this Game in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.<br><br>13.6 This EULA constitutes the entire agreement between Frontier and you with respect to the license and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of Frontier.
                EXTENT AUTHORISED BY LAW.<br><br>
    
            
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IMPORTANTEND NOTICES:USER LICENSE AGREEMENT
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IfPLEASE youREAD buy,THIS download,END use,USER access,LICENSE orAGREEMENT playCAREFULLY. theThis GameEnd and/orUser accessLicense orAgreement (“EULA”) governs your use Online Features (together “Use”), you represent and warrant that (i) you are aware of the applicablevideo agegame, ratingapplication, forsoftware, thetheir Game;associated (ii)upgrades, youpatches, areand oldupdates enoughand related services (the “Product”) currently provided or which will be provided, directly or indirecty by Atari S.A., or any one of its subsidiaries or affiliated companies, including without limitation Atari Interactive, Inc., Atari, Inc. or Infogrames LLC (collectively referred to use the Game, and (iii),you thereby acknowledge and agree that you have read, understood, and agree to be bound by the terms of this End User Licence Agreement (the “EULA”) in full. The terms of this EULA include the “Privacy Policy” which is incorporated herein by reference. By accepting this EULA you are also agreeing to be bound by the terms and conditions of use and sale (the “Conditions of Use”) as detailed on the Frontier online store frontierstore.net, and/or any Frontier websites elitedangerous.com, planetcoaster.com, frontier.co.uk, and zaonce.net.“Atari").
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IFThis YOUEULA USEsets THEout GAMEthe INbasis THEon USA,which PLEASEAtari READmakes CLAUSEa 12Product CAREFULLYavailable BECAUSEto ITyou REQUIRES(“User” YOUor TO”You”) ARBITRATEand CERTAINon DISPUTESwhich ANDYou CLAIMSmay WITHuse FRONTIERthem. ANDAtari’s LIMITSPrivacy THEPolicy MANNER(“Privacy INPolicy”) WHICHwhich YOUcan CANbe SEEKfound RELIEFon FROMhttp://www.atari.com, FRONTIER.and Atari’s Terms and Use (“Terms of Use”) which can be found on https://atari.com/pages/terms-conditions, form an integral part of this EULA. If you buy, download, use, access, play, install or use the Product and/or access or use online features, You agree to accept and to be bound by (1) this EULA, (2) the Privacy Policy and (3) the Terms of Use, at all times and you represent and warrant that (i) you are aware of the applicable age rating for the Product, and (ii) you are old enough to use the Product. If You do not agree with one of these, please do not install or use the Product.
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If youYou dohave an Atari Account which can be found on http://www.atari.com (“Account”), this EULA shall coexist with, and shall not agreesupersede, tothe Terms of Use. To the extent that the provisions of this EULA,Agreement thenconflict you must not Usewith the Game.provisions Ifof youthe areTerms of Use, the conflicting provisions in the processTerms of downloadingUse theshall Game,govern. you have the right to withdraw from the transaction without charge and for any reason prior to completing the download of the Game. However, you will lose the right to cancel the transaction once you begin to download the Game. If you have purchased the Game in CD or other physical format, you have the right to withdraw from the transaction without charge and for any reason within 14 days from the day on which you received the Game; provided that, where the Game was sealed upon delivery, you have not subsequently unsealed it. The above does not affect your rights in the event of the Game being defective.
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Frontier Developments plc (“Frontier”, “we”, or “us”)Atari reserves the right to change, modify, alter, amend,add or updatedelete articles in this EULA at any timetime, in itsaccordance sole discretion by posting an amended version at https://www.frontier.co.uk/legal/eula. Any continued Use ofwith the Gameprocedures afterdescribed Frontierbelow postsin suchSection modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.9.
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WhereCapitalized aterms CDused keyin this EULA without definition shall have the meanings specified in the Terms of Use. By accepting this EULA, you are also agreeing to be bound by the terms and conditions of sale for the store from which you purchased the Prodcut or activation code is required to install this Game and/or to access any Online Features, Frontier is not responsible for reproducing or replacing such CD key or activation code, and it is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/activation codes will not be replaced by Frontier.key.
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1. GRANT AcknowledgementsOF LICENSE.
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1.1 Atari (or its licensors) grants You accepta responsibilitynon-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in accordancepart) withand any Product (the “License”), for such time until either You or Atari terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from Atari. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware and the terms of this EULA forshall Usinggovern the Game on or in relation tounless any device,such whether or not itupgrade is ownedaccompanied by you.a Youcustom shallEULA. obtainTHIS permissionPRODUCT fromIS theLICENSED ownerTO ofYOU, anyNOT deviceSOLD. that is controlled, but not owned, by you for Use of the Game. You and the owner of any device may be charged by your and their service providers for internet access on the devices.
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1.2 You Theshall Gamenot, maydirectly containor linksindirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to othercreate, third-partygenerate websites.or Suchsubmit websitesUser areGenerated not controlled by Frontier,Content and wefor arewhich notYou responsiblewill need to create an Account and comply with the Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for andthis doProduct not(whether endorsein theiran content,online privacymultiplayer policiesgame or datain securitya practices.single Youplayer shouldgame make your own informed judgement regarding your interaction with such third-party websites, includingover the purchaseinternet or in local area network); (iv) remove, alter, disable or circumvent any copyright and usetrademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any productsapplicable laws or services accessible through them.regulations.
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You may not use of the Product or any Product content — except with prior written consent — in connection with the development, training, fine tuning, grounding (including through retrieval-augmented generation (RAG)), of any large language model, foundation model, deep machine learning, generative artificial intelligence model or algorithm, or any software or tool that incorporates generative artificial intelligence, any such use is deemed commercial and does not meet the non-commercial or other uses allowed herein.
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2.1.3 While Grantusing the Product, You agree to comply will all applicable laws, rules and Scoperegulations. You also agree to comply with the following rules of Licenceconduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Atari. In all cases, You may only use the Product according to anticipated use of the Product.
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2.1For Subjectexample purposes, and without limiting Atari’s rights to yourtake complianceaction withagainst the terms of this EULA, we grant you a non-transferable, non-exclusive, non-sub licensable, revocable, limited licence to use the Game.You, You aremay permitted to:not:
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(a)a. loadcreate, use, share and/or publish by any means in relation to the GameProduct intoany material (text, words, images, sounds, videos, etc.) which would be a breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); provided however, that proper streaming or posting videos showcasing video game content and Use it on a single device whichplay is undernot yourprohibited custody and control and which meets the specifications referredsubject to inlimitations therelated manualto fordocumentary yourtype own private and domestic Use;compilations;
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(b)b. transfermodify, distort, block, abnormally burden, disrupt, slow down and/or hinder the Gamenormal fromfunctioning oneof suchall deviceor part of the Product, or their accessibility to another;other providedusers, or the Gamefunctioning isof Usedthe onpartner onlynetworks oneof devicethe atProduct, or attempt to do any one time and any device on which it is Used is under your custody and control atof the time of Use.above;
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2.2c. Alltransmit rightsor notpropagate expresslyany grantedvirus, hereundertrojan are,horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the extentProduct, permittedand/or byorganise, law,participate reservedin toor Frontierbe involved in any way in an attack on Atari’s servers and/or the Product and/or those of its service providers and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.partners;
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3.d. Licencecreate, Restrictionssupply or use alternative methods of using the Products, for example server emulators;
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Youe. arespamming notchat, permitted:whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
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(a)f. totransmitting loador communicating any material or content which, in the Gamesole onand toexclusive a network server for the purposesdiscretion of distributionAtari, tois onebelieved or moredeemed otheroffensive, device(s)including, onbut not limited to, language that networkis harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or toracially, effectethnically, suchor distribution;otherwise objectionable;
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(b)g. except as expressly permitted by this EULA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profitharassing or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole orthreatening any partother of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise dealusers in the Game or any part thereof in any way;Product;
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(c)h. make inappropriate use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or defeat the purpose or experience of the Game;help service or the claim buttons or send untruthful reports to members of Atari’s personnel;
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(d)i. usefalsely anyclaim unauthorizedto softwarebe thatan harvestsemployee or otherwiserepresentative collectionsof information about othersAtari or theits Game,partners includingand/or about a character or the Game environment;agents;
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(e)j. usefalsely anyclaim robot,an spider,endorsement scraper,in connection with the Product or otherwith automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;Atari.
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(f) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;2. OWNERSHIP.
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(g)All violatetitle, anyownership technology control or export lawsrights and regulationsintellectual thatproperty applyrights in and to the technologyProduct used(including, without limitation, all text, graphics, music or supportedsounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by the GameAtari or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Atari’s licensors may protect their rights in the event of any Onlineviolation Features.of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Atari’s prior permission and, if applicable, Ataris licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Atari.
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This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. You acknowledge that You shall acquire no proprietary rights in past or stored game play, game progress, characters or other achievements within the Product. You also acknowledge that you have no right to access the Product in source code form.
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4.3. ACCESS AcceptableTO UseTHE RestrictionsPRODUCT
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4.13.1 THE YouPRODUCT mayMAY notBE usePROTECTED theBY GameDIGITAL orRIGHTS anyMANAGEMENT OnlineSOFTWARE Features(“DRM inSOFTWARE”). anyIN unlawfulSUCH manner,CASE, forYOU anyHEREBY unlawfulAGREE, purpose,ACKNOWLEDGE orAND inCONSENT anyTO mannerTHE inconsistentFOLLOWING withREGARDING thisTHE EULA,DRM orSOFTWARE: act(I) fraudulentlyTHE orINSTALLATION maliciously,OF includingTHE butPRODUCT notWILL limitedCAUSE toTHE hackingDRM into,SOFTWARE insertingTO maliciousBE codeINSTALLED (includingON virusesYOUR orCOMPUTER; harmful(II) data)THE intoDRM theSOFTWARE Game,MAY anyLIMIT OnlineTHE FeaturesNUMBER orOF anyINSTALLATIONS operatingOF system.THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL Atari BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
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4.23.2 If You mayare notusing infringethe ourProduct intellectualon propertya rightsCompatible orMobile thoseDevice, ofthis anySection third3.2 partyis in relationapplicable to yourYou and to Your use of the Game or any Online Features to the extent that such use is not licensed by this EULA.Product:
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4.3For Youthis mayEULA, not“Compatible transmitMobile Device” designates any materialportable thatdevice iscapable unlawful,of defamatoryconnecting orto offensiveInternet to access the Products. The term Compatible Mobile Devices covers in relationparticular tofeature yourphones, usesmartphones of, thetablet Gamecomputers, orand thepersonal Onlinedigital Features.assistants (PDAs).
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4.4a. Product Access. To use the Product on a Compatible Mobile Device, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Device and of the electronic communication network. Atari may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use theon Gameall mobile devices or anythrough Onlineall Features in a manner that could damage, disable, impair, overburdencarriers or compromisenetwork ourservice systems or security or interfere with the experience of other users of the Game or any Online Feature.providers.
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4.5b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, Atari may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Device. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to Atari and Atari will not collectreveal Your personal data to third parties except when expressly authorized by You to do so or harvestin anyspecial circumstances. Atari may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect Atari’s rights and those of other users and third parties. This includes exchanging information orwith other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, Atari reserves the right to collect, store and use anonymous data fromabout You. For further information concerning Atari’s use of Your personal data, please refer to the Game,Privacy the Online Features or our systems, and may not attempt to decipher any transmissions to or from the servers running the Game or Online Features.Policy.
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c. Analytics Tools and Ad Serving Technology. You agree that Atari may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. You also agree that Atari may use third party ad serving technologies that may collect information as a result of an ad serving in the Product and that may temporarily display advertisements in the Product.
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5.The Intellectualinformation Propertycollected Rightsand used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Device, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any).
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5.1The Youanalytics acknowledge that all ownership rights, intellectual property, trade secrettools and allad serving technologies may use server log files, web beacons, cookies, tracking pixels and other proprietarytechnologies rightsto incollect said information and may combine the Gameinformation collected on other Atari Products and theservices Onlinewith Featuresinformation (including,collected withoutfrom limitation,other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if Atari combines any computerof code,this themes,information objectswith characters,personal characterdata, names,Atari stories,will locations,treat concepts,this artwork,information storylines,as likenesses,personal moraldata rights, structural or landscape designs, musical compositions, dialogue, Arrangements, or any other content protected by US or international intellectual property protection laws) are owned or licensed by Frontier, that rights in the Game are licensed rather than soldpursuant to youour (subjectPrivacy Policy. Upon request, Atari will use its best efforts to theprovide licence granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordanceYou with the termslinks ofto thisour EULA.partners’ own privacy policies according to which their tools and technologies are used and, when available, the link to allow You to opt-out from their services.
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5.24. CONSENT YouTO acknowledge that you shall acquire no proprietary rights in past or stored Gameplay, Arrangements, Game progress, character or other achievements within the Game.MONITOR.
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5.3When You acknowledgeare using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that youinteract havewith nothe rightProduct. In the event that the Product detects such an unauthorized third party program, information may be communicated back to accessAtari, including the Gamename inof sourceyour codeAccount, form.your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.
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5.4However, Unlessplease otherwisenote noted,that allAtari materials, including, butis not limitedresponsible to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clipsfor and writtendoes andnot otherendorse audio-visualthe materialsopinions, thatadvice appearand/or recommendations displayed or sent by You in thisthe GameProduct, (collectively,including “Thein Contents”)game chats. Such communications are copyrights,the trademarks,sole and/or other intellectual property owned, controlled or licensed by Frontier, oneresponsibility of itsthe affiliates or by third parties who have licensed their materials to Frontier, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participateuser in any sale or exploit in any manner, in whole or in part, any of The Contents.question.
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5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.
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6.If FeesYou andpurchased PaymentProduct as a physical medium (CD, cartridge or DVD-ROM), this Section is applicable to You:
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6.1Atari Towarrants Usethat the Gamephysical youmedium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, Atari will, at Atari’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is no longer being manufactured by Atari or available in Atari’s inventory), or (d) refund Your money when You present Atari with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are requiredencountering toand paythe ahardware fee.and system on which You mayare also be able to purchase items withinrunning the GameProgram. or through the Online Features in return for specific charges.
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6.26. WARRANTY FailureDISCLAIMER, toLIMITATION payOF any fees or charges will constitute a material breach of this EULA. We may amend the fees and payment terms at any time at our sole and complete discretion.LIABILITY.
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6.3Atari Weonly may,supplies inthe ourProduct sole discretion, waive(including any online features) for domestic and allprivate feesuse. associatedYou withagree not to use the downloadProduct for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the Gameuse in connection with special offersof or promotions.inability to use the Product, even if we have been advised of the possibility of such damages.
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YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. ATARI, ATARI’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. Atari DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
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7.TO GameTHE Functionality;FULLEST EpilepsyEXTENT WarningPERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ATARI, ATARI’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH Atari OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE DEVICE THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, Atari’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT ATARI, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Atari FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
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7.1NOTHING OnlineIN FeaturesTHIS SECTION 6 SHALL AFFECT ATARI’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ATARI’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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7.1.1FOR ThePURPOSES GameOF mayTHIS allowSECTION, certainATARI’s onlineLICENSORS, servicesCHANNEL operatedPARTNERS byAND FrontierASSOCIATED and/orSERVICE itsPROVIDERS affiliatesARE orTHIRD thirdPARTY partiesBENEFICIARIES authorisedTO onTHE theirLIMITATIONS behalfOF toLIABILITY beSPECIFIED accessed,HEREIN whichAND allowTHEY usersMAY ofENFORCE theTHIS GameEULA toAGAINST enjoy certain on-line or multiplayer features and functionality associated with the Game including, without limitation, online forums and sharing of content (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Game will be able to register or benefit from such services (including Online Features associated with the Game). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time, may be subject to suspension or withdrawal at any time and may be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.YOU.
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7.1.27. Frontier does not own any original materials you provide to Frontier (including without limitation feedback and suggestions) or post, upload, input or submit via the Game or Online Features (each a “Contribution”), and you may request deletion of any such Contribution at any time, unless such Contribution has been shared with, or copied and stored by other users of the Game or Online Features. You agree that all rights in any arrangement of game content and/or elements that are provided by the Game and/or Online Features and posted, uploaded, inputted or submitted by you via the Game and/or Online Features (each an “Arrangement”) are owned by Frontier. By posting, uploading, inputting, providing or submitting a Contribution and/or Arrangement you are granting Frontier and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to use, copy, reproduce, publish, prepare derivative works of, distribute, transmit, transcode, translate, broadcast, and otherwise communicate publicly display and publicly perform, process, analyze, use and commercialize, in any way now known or in the future discovered, such Contribution and/or Arrangement and derivative works of such Contribution and/or Arrangement.INDEMNITY.
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7.1.3You Eachare Contributionsolely and/orresponsible Arrangementfor posted,any uploaded,damage inputted,caused orto submittedAtari, byits youlicensors, viachannel partners and associated service providers and subcontractors, other users of the Gameproduct or any Onlineother Featureindividual is at your own risk and you hereby represent and warrant that you have the fullor legal rightentity toas soa useresult suchof Contribution and/or Arrangement and that it is not confidential or proprietary to any third party, nor are you using it inYour violation of anythis law or contractual restriction.EULA.
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7.1.4YOU YouHEREBY understandAGREE andTO agreeDEFEND, thatINDEMNIFY FrontierAND isKEEP notINDEMNIFIED obligatedAtari AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Atari reserves the right to use,take distribute,sole orresponsibility, continueat toits distributeown copiesexpense, for conducting the defense of any Contributionclaim and/orfor Arrangementwhich andYou reserves the right, but not the obligation,agreed to restrictindemnify orAtari. removeThe suchprovisions Contributionof and/orthis ArrangementSection for7 anyshall reason.remain in force after termination of this EULA.
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7.1.5 You may, in your sole discretion, choose to remove a Contribution and/or Arrangement from the applicable Game or Online Features. If you do so, Frontier will no longer have the right to use, distribute, transmit, communicate, publicly display or publicly perform the Contribution and/or Arrangement, except that (a) Frontier may continue to exercise these rights for any Contribution and/or Arrangement that is accepted for distribution in-game or distributed in a manner that allows it to be used in-game, and (b) your removal will not affect the rights of any company or individual who has already obtained access to a copy of the Contribution and/or Arrangement.8. TERMINATION.
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7.1.6The EULA is effective from the earlier of the date You agreepurchase, thatdownload Frontier’sor considerationuse the Product, until terminated according to its terms. You and Atari (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Atari will be effective upon (a) notice to You or (b) termination of yourYour ContributionAtari Account (if any) or (c) at the time of Atari’s decision to discontinue offering and/or Arrangementsupporting isthe yourProduct. fullThis compensation,EULA will terminate automatically if You fail to comply with any of the terms and youconditions areof notthis entitledEULA. toUpon termination for any otherreason, rightsYou ormust compensationimmediately uninstall the Product and destroy all copies of the Product in connectionYour with the rights granted to Frontier and to other companies or individuals.possession.
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7.1.79. AllCHANGES contentTO posted,THIS uploaded,EULA inputted,OR orTO submittedTHE by you Feature including without limitation Content and Arrangements via the Game or any Online Feature or otherwise is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.PRODUCT.
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7.2Atari Usagereserves Datathe right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on atari.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
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7.2.1 WeAtari may frommodify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to timeimprove duringand/or youroptimize Usethe Product. You agree that the Product may install or download the modifications automatically. You agree that Atari may stop to support previous versions of the GameProduct collectupon informationavailability aboutof youran device,updated asversion. specifiedAtari’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. Atari also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the Privacy Policy, which forms part of this EULA. This information may also include your Game ID, Game achievements, scores and performances, IP address, MAC address or other device ID, other device use information or other information and statistics regarding your usage of the Game.Product. This information may be used not only to help you play the Game over the Internet (where the Game contains Online Features) but also to help us better understand how our customers are using the Game, their behaviour and preferences, so that we can improve our Games and services in the future.
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7.3 Communication and interaction with other users10. MISCELLANEOUS.
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7.3.110.1 Export Controls. The GameProduct and/oris Online Features may allow communications between users by means including but not limitedsubject to textall applicable export restrictions. You must comply with all export and voice.import Whenlaws usingand suchrestrictions featuresand youregulations mustof any United States and foreign agency or authority relating to the Product and Your use commonof sensethe andProduct. goodThe manners,Product your behaviour, conduct and communications must be considerate to other users and you mustmay not be directlyre-exported, downloaded or indirectlyotherwise offensive,exported threatening, harassingto, or bullyinginstalled by a national or resident of, any country to otherswhich the United States has embargoed goods, or violateto 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 applicablesuch lawscountry including but not limited to anti-discrimination legislation basedor on race,any ethnicity,such religion, gender or sexual orientation.list.
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7.3.210.2 Severance. FrontierIf reservesany court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the right,extent butrequired, notbe deemed to be deleted, and the obligation, to record, monitorvalidity and retain all or someenforceability of the communicationsother describedprovisions inof clausethis 7.3.1EULA inshall ordernot be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to safeguardmake otherit userslegal, valid and our community. You acknowledge that Frontier shall have the right, but not the obligation,enforceable to pre-screen,reflect refuse,Atari’s moveinitial or remove any content available through the Game or the Online Features, including, but not limited to, content that violates any law or this EULA, the Privacy Policy, or any other applicable legal or contractual obligation.intentions.
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7.3.310.3 No ByWaiver. acceptingNo thesefailure termsor anddelay conditionsby youAtari hereby(or agreeits thatlicensors) to exercise any information collected as described in Clause 7.3.2 that is deemed to be illegalright or toremedy contraveneprovided theunder rightsthis EULA or by law shall constitute a waiver of Frontier, our employees, customers,that or any other individualright duringor Useremedy, nor shall it preclude or restrict the further exercise of the Gamethat or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the Onlinefurther Featuresexercise of that or any other right or remedy. Waiver of a right or remedy may be reportedconsidered to thehave policetaken orplace otheronly appropriateafter authorities,signing and;of ii)a agreewritten statement to bethis boundeffect by Atari or by the Community Codes of Conduct for the Game, the latest version of which may be viewed here.User.
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7.410.4 Law, PatchesJurisdiction and UpdatesDispute Resolution. 10.4.1 Other than as specifically indicated below, to the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Delaware, United States. You irrevocably agree that the courts of Delaware have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
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We10.4.2 If mayyou deployare ora provideresident patches,of updatesthe andUnited modificationsStates, to the Gameextent thatpermitted mustby applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be installedgoverned inby orderthe United Nations Conventions of Contracts for youthe toInternational continueSale toof playGoods, the Game.application Weof maywhich update the Game remotely (including without limitation the Game client on your device), and youis hereby grantexpressly usexcluded yourfrom consentany tointerpretation deployof andthis apply such patches, updates and modifications.EULA.
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7.510.4.3 FOR EpilepsyRESIDENTS WarningOF THE UNITED STATES ONLY: DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
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IF YOU USE THE PRODUCT IN THE USA, PLEASE READ THIS CLAUSE CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ATARI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ATARI. IF YOU USE THE PRODUCT IN A smallCOUNTRY numberOTHER ofTHAN usersTHE mayUSA, beTHIS susceptibleCLAUSE toDOES epilepticNOT seizuresAPPLY orTO loss of consciousness when exposed to certain flashing lights or light patterns. Such individuals may experience a seizure while watching certain images or playing a video Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game. If you experience any of the following symptoms while playing any video Game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video Game immediately and consult a medical professional.YOU.
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This clause will apply to the maximum extent permitted by applicable law. If you and Atari cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act.
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8.The Terminationarbitration will be conducted in New York, New York and the arbitrator will follow Delaware law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
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8.1 Without prejudice to any other rights, Frontier may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Frontier’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination, including, without limitation Clauses 3-5, and 10-13.
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8.2 The Online Features are provided over the internet as provided by Frontier. You acknowledge that the Online Features are provided by Frontier at its discretion and may be terminated or otherwise discontinued by Frontier at any time.
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9. Limited Warranty and Support
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9.1 The Game (along with any services provided by us in connection with it, including but not limited to the Online Features) is provided "as is" and without warranty of any kind, to the maximum extent permitted by law. You assume all risk associated with using the Game or the Online Features.
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9.2 To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied) including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. While we endeavour to ensure that the Online Features are available at most times, we do not guarantee that they will always be available, nor that they will not become unavailable while a user is using the Game. The Online Features may become unavailable for reasons including but not limited to the performance of maintenance, the updating of software, emergency situations and equipment or network failures.
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9.3 Without prejudice to the generality of the above, we do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game.
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9.4 We do not warrant that the Game will operate on all devices and operating systems. It is your responsibility to refer to the minimum required technical specifications contained on the relevant product page required for effective Use of the Game and the Online Features.
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9.5 If you require technical assistance, please contact our support team via https://support.frontier.co.uk. You will be responsible for all connection charges.
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10. Limitation of Liability; Remedies
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10.1 We only supply the Game (including the Online Features) for domestic and private use. You agree not to use the Game for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Game, even if we have been advised of the possibility of such damages.
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10.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, subject to the limitations specified in clause 10.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable under this EULA if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted this EULA. Except as otherwise specified in this clause 10, in no event shall Frontier, our partners, our affiliates, or our respective licensors and suppliers be liable for any, indirect, punitive, incidental or special damages arising out of or in any way connected with any Use of the Game or the Online Features (including any delay or inability to Use the Game or the Online Features) including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses arising out of the Use of the Game or Online Features, whether based on contract, tort, strict liability or otherwise.
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10.3 Notwithstanding clause 10.2, our maximum aggregate liability under, in connection with, ARISING OUT OF, OR RELATED TO this EULA or your use of the Game (including the Online Features), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Game. This does not apply to the types of loss set out in clause 10.4. Because Some Jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.
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10.4 Nothing in this EULA shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
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10.5 You understand that the Game and/or Online Features may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.
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10.6 If you breach or threaten to breach any provision in this EULA, you agree that Frontier shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Frontier shall be entitled to receive an injunction compelling specific performance by you of your obligations under this EULA without the necessity of posting any bond or other security.
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11. Governing Law; Forum Selection
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11.1 Subject to clauses 11.2, 11.3 and 12 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of England whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this EULA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this EULA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required. You consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens.
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11.2 In the case of any claim of dispute of any nature (including non-contractual dispute) arising out of or relating to any Use of the Game by a user physically located within the United States of America at the time of the Use of the Game giving rise to such claim or dispute and subject to clause 12 below , clause 11.1 shall not apply and this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the state of Nevada, USA, not including its conflict of law principles. Subject to clause 12 below, each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the courts located in the state of Nevada, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam.
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11.3 Neither the United Nations Convention on Contracts for the International Sale of Goods nor the United Nations convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this EULA.
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12. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
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IF YOU USE THE GAME IN THE USA, PLEASE READ THIS CLAUSE 12 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FRONTIER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRONTIER. IF YOU USE THE GAME IN A COUNTRY OTHER THAN THE USA, THIS CLAUSE 12 DOES NOT APPLY TO YOU.
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This clause 12 will apply to the maximum extent permitted by applicable law. If you and Frontier cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act. The arbitration will be conducted in Clark County and the arbitrator will follow Nevada law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
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No Class Arbitrations, Class Actions or Representative Actions. You and FrontierAtari agree that any dispute arising out of or related to this EULA, is personal to you and FrontierAtari and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and FrontierAtari agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and FrontierAtari agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
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Any arbitration conducted pursuant to this AgreementEULA will be between FrontierAtari and youYou individually. If the agreement in this clause not to bring or participate in an arbitration on a class-action basis should be found unenforceable, you and FrontierAtari agree that it will not be severable, and that this entire clause 12 will be deemed unenforceable and any dispute will be resolved in court and not by collective arbitration.
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For any questions concerning this EULA, you may contact Atari at the following address: [email protected].
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13.THIS MiscellaneousEULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
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13.1 We may transfer our rights and obligations under this EULA to another entity, but this will not affect your rights or obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
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13.2 Each of the provisions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remainder of the EULA will remain in full force and effect.
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13.3 In the event of a conflict between the terms of this EULA and the Conditions of Use, the provisions of this EULA shall prevail.
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13.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
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13.5 If you acquired or Use this Game in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
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13.6 This EULA constitutes the entire agreement between Frontier and you with respect to the license and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of Frontier.

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