Terms Watch

                Rollercoaster Tycoon Classic<br>
                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.
                <br>END USER LICENSE AGREEMENT<br><br>
                 or Infogrames LLC (collectively referred to as “Atari").<br><br>This EULA sets out the basis on which 
                Atari 
                Interactive, Inc. (and hereinafter referred to
                makes a Product available to you (“User” or ”You”) and on which You may use them. Atari’s Privacy Policy (“Privacy Policy”) 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>, 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>, 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 
                “ATARI”), makes the
                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 
                product, Rollercoaster Tycoon Classic (“Game”)
                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 , 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 
                these terms and conditions (“Agreement”).
                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 
                Agreement governs your use of the Game and
                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 
                updates
                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 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 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 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 
                replace or supplement the Game
                any dispute arising out of or related to this EULA, is personal to you and Atari and
                 that 
                are
                such dispute will be resolved solely through individual arbitration and will
                 not 
                distributed with
                be brought as
                 a 
                separate license. <br><br>PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ATARI’S <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fatari.com%2Fprivacy-policy" target="_blank" rel=" noopener">https://atari.com/privacy-policy</a> (“PRIVACY POLICY”), ATARI’S <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fatari.com%2Fterms-of-service" target="_blank" rel=" noopener">https://atari.com/terms-of-service</a> (“TERMS OF SERVICE”), AND AGREE TO BE BOUND ACCORDINGLY. <br><br>IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS, OR ANY TERMS OR CONDITIONS OF ATARI’S PRIVACY POLICY OR TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE GAME. <br><br>NOTICE: THE GAME MAY CONTAIN THE ABILITY FOR A USER TO MAKE PURCHASES WITHIN THE GAME. <br><br>1. Subject to the terms and conditions of
                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 
                Agreement, ATARI grants
                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 
                a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on authorized devices solely as set forth
                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 
                court and not by collective arbitration.<br><br>For any questions concerning 
                this 
                Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that
                EULA,
                 you 
                install or otherwise use the Game. For clarity, rights to the Game are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement. <br><br>2. Your right to use the Game is limited to the license grant above, and you 
                may 
                not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by ATARI. Unless expressly authorized by ATARI, you are prohibited from making a copy of the Game available on a network where it could be used or downloaded by multiple users. <br><br>3. Except as expressly licensed to you herein, ATARI reserves all right, title and interest in the Game and all associated copyrights, trademarks, and other intellectual property rights. The structure, organization and code of the Game are the valuable trade secrets and confidential information of ATARI. The Game is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect ATARI’s copyright and other ownership interests in all items in the Game. You may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure ATARI’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Game or related assets.<br><br>4. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that ATARI may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.<br><br>5. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to ATARI exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights
                contact Atari
                 at 
                such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to ATARI an irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sub-licenseable, perpetual license to use your contributions in any media, whether now known or hereafter devised, throughout the universe. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Game in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration. <br><br><br>6. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Game within your possession or control and, promptly upon ATARI’s request, certify to ATARI that you have done so. Paragraphs 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive any termination or expiration of this Agreement.<br><br>7. ATARI reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. ATARI will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Game. Your continued use of the Game
                the
                 following 
                any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.<br><br>8. In accordance with provisions in this Agreement requiring that ATARI give notice to you, ATARI will do so by means of a general notice on its website, email to your email address on record in your account (if you have created an account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created an account), the choice of which being at ATARI’s discretion. Any provisions in this Agreement requiring that you give notice to ATARI can be done so by means of email to: <a href="mailto:[email protected]">[email protected]</a> or by first class mail, postage prepaid, or overnight courier to: <br><br>Atari Inc.<br>286 Madison Avenue<br>8th Floor<br>New York, NY 10017<br><br>9. You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that, in the case of Software distributed on physical media, the Software storage medium will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software, Follow the Product Return Procedures described in the Online Manual. SUBJECT TO THE FOREGOING WARRANTY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS.” NEITHER ATARI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE GAME OR ANY ATARI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY OTHER WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE GAME WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, THAT THE SOFTWARE OR ITS OPERATIONS OR FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATARI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ATARI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE GAME.<br><br>10. NEITHER ATARI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF ATARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ATARI OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL ATARI, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ATARID’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).<br><br>11. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and that ATARI would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.<br><br>12. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Any and all fees or costs that you may incur in connection with accessing and/or using the Game or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of ATARI or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Game may apply. ATARI does not guarantee that this Game can be accessed on all devices or wireless service plans. ATARI does not guarantee that this Game is available in all geographic areas. <br><br>13. You agree to defend, indemnify and hold harmless ATARI, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.<br><br>14. The Game is subject to United States export controls. No software from the Game may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Game, 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>15. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved in accordance with the dispute resolution provisions in Section 8 of ATARI’s Terms of Service, including the provisions regarding governing law. <br><br><br>16. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.<br><br>17. This Agreement, together with the Terms of Service, Privacy Policy, and any policies or terms published by ATARI under the Terms of Service or Privacy Policy, constitutes the entire understanding and agreement between you and ATARI with respect to the Game, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.<br><br><br>If you have any questions about this Agreement, or if you want to contact ATARI for any reason, please direct all correspondence to
                address:
                 <a href="mailto:[email protected]">[email protected]</a>.<br><br>
                ©1999-2017 Chris Sawyer.  All rights Reserved.  RollerCoaster Tycoon® is a registered trademark of Chris Sawyer.  All other trademarks are the property of their respective owners.  Marketed by RCTO Productions, LLC.  Developed by Origin8 Technologies Ltd.
                THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.<br>
                <br>