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Digital Cybercherries, Limited (“DCC”) makes the New Retro Arcade: Neon interactive software product (“Software”) available to you subject to the terms and conditions set forth in this end user license agreement (“Agreement”). This Agreement, as maay be amended by DCC from time to time, is an agreement between you (“you” or “your”) and DCC, located at 166 Cop Lane, Penwortham, Preston, Lancashire, England PR19AD and governs your access to and use of the Software and any updates that replace or supplement the Software that are not distributed with a separate license.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THETERMS AND CONDITIONS OF THIS AGREEMENT AND ANY AGREEMENT PROVIDED BY ANY THIRD PARTY PROVIDER, AND ALL APPLICABLE LAWS, AND AGREE TO BE BOUND ACCORDINGLY. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS OR ANY TERMS AND/OR CONDITIONS OF A THIRD PARTY PROVIDER THEN YOU MAY NOT ACCESS OR USE THE SOFTWARE.
HIS AGREEMENT PROVIDES FOR DISPUTES TO BE DETERMINED BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, UNITED STATES OF AMERICA, AND A CLASS ACTION WAIVER.PLEASE READ SECTION 16 CAREFULLY AS IT AFFECTS HOW ANY DISPUTES WITH DCC WILL BE DETERMINED. YOUR ACCEPTANCE OF THIS AGREEMENT CONSTITUTES ACCEPTANCE OF SUCH TERMS.
You are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation from DCC or any of its third party providers whatsoever other than what is expressly provided for in this Agreement.
1. Grant of License. Subject to the terms and conditions of this Agreement, DCC grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Software or rights to use the Software. The term of your license shall commence on the date that you install or otherwise use the Software.For clarity, rights to the Software are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement, which include, the terms of the following third party provider licenses and/or agreements: (a) the Steam Subscriber Agreement, located as of the date of this Agreement at steamproxy.net/steamstore; (b) the Unreal Engine End User License Agreement, located as of the date of this Agreement at http://www.unrealengine.com/eula; (c) the FMOD Studio license agreement, located as of the date of this Agreement at https://www.fmod.org/files/public/LICENSE.TXT; and (d) the Libreto license agreement, located as of the date of this Agreement at https://github.com/libretro/RetroArch/blob/master/libretro-common/include/libretro.h.
The Software may include certain items of third party software that are subject to open source licenses (“Open Source Software”), which may include, but are not limited to, one or more of the third party provider licenses and/or agreements set forth above. Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open Source Software.
2.License Restrictions. Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Software or any component of it, except as expressly authorized by DCC. Unless expressly authorized by DCC, you are prohibited from making a copy of the Software available on a network where it could be used or downloaded by multiple users. You may not decompile, disassemble, or reverse engineer the Software, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure the trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Software or related assets, whether of DCC, its third party providers or otherwise.
3. Reservation of Rights; Intellectual Property Rights. 3.1 Except as expressly licensed to you herein, as between the parties, DCC reserves all right, title and interest in the Software (including all characters, images, photographs, animations, video, music and text), and all associated copyrights, trademarks, and other intellectual property rights; DCC makes no claims with respect to any item, material or intellectual property contained in the Software the rights to which are owned and/or controlled by third party(ies), such remaining the property of its (their) respective owner(s). Any unauthorized use of these materials may violate applicable copyright, trademark and/or other proprietary rights of DCC and/or third parties, as well as the laws of privacy, publicity and other regulations and statutes. Nothing contained in this Agreement or the Software shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the owner thereof. The structure, organization and code of the Software are the valuable trade secrets and confidential information of DCC. The Software is protected by applicable law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect DCC’s copyright and other ownership interests in all items in the Software.
3.2 DCC respects the intellectual property rights of others. Please do not upload, post or otherwise share any item, material or intellectual property, including, without limitation any content that you or another user may have created or generated (“UGC”) that violates or infringes this agreement, the intellectual property rights of any third party, any third party’s rights of privacy and/or publicity, or applicable law. DCC may remove any UGC that it believes in its sole discretion may violate or infringe any of the aforementioned without prior notice to you. Should you believe that any element or component of the Software, including, without limitation, any audio and/or visual item or material, may infringe or violate your rights or the rights of others, including constituting copyright infringement under applicable law (including Title 17 of the United States Code, see 17 U.S.C. §502, et seq.), please notify us immediately at Digital Cybercherries, Limited, Attn: Designated Agent, 166 Cop Lane, Penwortham, Preston, Lancashire, England PR19AD or by email to business@digitalcybersherries.com. By uploading or posting any UGC you grant DCC an irrevocable, non-exclusive, royalty-free, assignable, sub-licensable, perpetual right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, translate and create derivative works from the UGC that you provide, throughout the universe, in any and all manner, means, form, format and/or media now known or hereafter devised, including, without limitation, including such in or in connection with the Software and allowing other users of the Software or DCC-controlled websites or channels of use, to use such UGC. You also waive any and all rights of attribution, integrity or any other moral rights, rights morale or droit moral arising out of or related to the UGC that you provide; to the extent any of such moral rights are not waivable, you agree not to bring, assert or allow others to bring or assert any claims with respect to such moral rights. For purposes of clarity, you, not us, continue to own and be responsible for the UGC; DCC just has the right to use the UGC in any manner it determines in its sole discretion. Without limiting the aforementioned you and solely you are responsible for all UGC that you provide.
4. Automatic Downloads, Updates, Upgrades and Features – Your Consent to Our Use. You agree that the Software may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that DCC may have to support the previous version of the Software may end upon the Software becoming available inclusive of the update, upgrade or implementation of additional features.
5. Assignment of Your Rights in any Contributions. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to DCC exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to DCC an irrevocable, exclusive, royalty-free, assignable, sub-licensable, perpetual right and license to use your contributions in any and all manner, means, form, format and/or media, whether now known or hereafter devised, throughout the universe, and agree not to use such contributions yourself or to any third party’s benefit. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Software in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration.
6. Cookies, Web Beacons, Analytics and Like Tracking Technologies; Data Collection –Your Informed Consent to Our Use. To facilitate product support, product development and improvement as well as other services to you, you agree that DCC or other third parties may use cookies, web beacons and other analytic technologies to collect, use, store and transmit non-personally identifiable technical and related information regarding your device (including unique device id or UDID), IP address, geo-location, device make and model, operating system, software and applications, including Software usage data (collectively, “tracking technologies”). By accessing or using tracking technologies, DCC or a third party may track usage of an application and/or the Software, and also provide you with advertisements that are sent to you based on the usage data collected. In addition, DCC and/or third parties may collect, store, use and transmit non-personally identifiable Software data, session data, browser identifiers, carrier information, as well as online and Software usage metrics, statistics and/or analytics. Data collected by third parties will be collected, used, stored, transferred and disclosed pursuant to the third party’s privacy policy. You should review the privacy policy for each such third party. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Software. DCC does not guarantee that all third parties that may collect information about you via this Software have an opt-out for behavioral tracking.
7. Termination of Agreement; Survival. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Software within your possession or control and, promptly upon DCC’s request, certify to DCC that you have done so. Paragraphs 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 ofthis Agreement shall survive any termination or expiration of this Agreement.
8. Changes or Revisions to this Agreement. DCC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. DCC will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Software. Your continued use of the Software following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.
9. Notices. In accordance with provisions in this Agreement requiring DCC give notice to you, DCC will do so by means of a general notice on its website, in the Software, or on the Steam community page of the Software, the choice of which being at DCC’s sole discretion. Any notices to DCC can be sent to DCC at 166 Cop Lane, Penwortham, Preston, Lancashire, England PR19AD.
10.“As Is” Software; Disclaimer of Warranties. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS.” NEITHER DCC, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SOFTWARE, THE SOFTWARE, OR ANY DCC PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THATTHE SOFTWARE WILL BE ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DCC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, SECURITY, AND NON-INFRINGEMENT. DCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SOFTWARE.
11. Limitation of Liability. NEITHER DCC, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SOFTWARE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OFACTION (EVEN IF DCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SOFTWARE; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY DCC OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL DCC, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SOFTWARE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIALDAMAGES OR LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS, AND/OR YOU MAYRESIDE IN A JURISDICTION THAT AFFORDS YOU SIGNIFICANTLY BROADER RIGHTS, IN WHICH CASE(S) SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE TOTAL LIABILITY ARISING FROM THIS AGREEMENT OF DCC AND ITS THIRD PARTY PROVIDERS AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
FOR EUROPEAN UNION RESIDENTS ONLY, NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE STATUTORY LIABILITY OF DCC ITS REPRESENTATIVES AND VICARIOUS AGENTS (A) FOR INJURIES TO LIFE, BODY OR HEALTH, (B) FOR DAMAGES CAUSED WITH INTENT OR GROSS NEGLIGENCE,(C) IN THE EVENT OF FRAUDULENT MISREPRESENTATION, OR (D) FOR ANY OTHER LIABILITY THAT THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE DO NOT ALLOW TO BE EXCLUDED OR LIMITED. IN THE EVENT OF DAMAGES TOPROPERTY AND FINANCIAL DAMAGES CAUSED BY THE SLIGHT NEGLIGENCE OF DCC, ITS REPRESENTATIVES OR VICARIOUS AGENTS, SUCH PARTY SHALL BE LIABLE ONLY IN THE EVENT OF A VIOLATION OF A CONTRACTUAL CORE DUTY, HOWEVER LIMITED TO THE AMOUNT OF THE DAMAGE WHICH WAS FORESEEABLE AT THE TIME OF CONCLUSION OF THE CONTRACT AND TYPICALLY TAKING INTO ACCOUNT THE NATURE OF THE CONTRACT. CONTRACTUAL CORE DUTIES ARE SUCH DUTIES WHOSE ACCOMPLISHMENT ENABLES PROPER FULFILLMENT OF AN AGREEMENT AND WHOSE OBSERVANCE THE CONTRACTING PARTIES MAY REGULARLY RELY ON.
2. Limitation of Liability and Disclaimer of Warranties are Material Terms of this Agreement. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and thatDCC would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
13. All Associated Fees and Costs are Your Responsibility. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SOFTWARE. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Software. Any and all fees or costs that you may incur in connection with accessing and/or using the Software or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of DCC or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Software may apply. DCC does not guarantee that this Software can be accessed on all devices or wireless service plans. DCC does not guarantee that this Software is available in all geographic locations.
14. Defense, Indemnification and Hold Harmless. You agree to defend, indemnify and hold harmless DCC, and any of its directors, officers, employees, affiliates, shareholders, members or agents, from and against any and all claims, losses, damages, liabilities other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
15. Export Controls and Regulations. While others may be the exporter of the Software, the Software may be subject to United States export controls and similar laws of other jurisdictions. No component or element from the Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a“terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16.Your Agreement to Arbitrate All Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, DCC may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which DCC or its assigns may be entitled under this Agreement or applicable law, in the event of any actual or threatened breach of this Agreement by you or on your behalf, DCC would be irreparably damaged if this Agreement where not specially enforced and, as such, you agree that DCC shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Software. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to this Agreement or the Software to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND DCC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DCCagree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
17. Waiver or Right to Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, INCONNECTION 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 AJURY TRIAL.
18. Governing Law, No Assignment, Entire Agreement, No Waiver, Severability and Interpretation. This Agreement is governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You may not assign any part of this Agreement without the prior written consent of DCC. Any attempted assignment without such consent shall be void. This Agreement constitutes the entire understanding and agreement between you and DCC with respect to the Software, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law.Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.Headings and titles are provided solely for convenience and have no meaning or interpretative effect.
19. Epic Games and Other Third Party Providers. Included among the third party providers of DCC, among others, is Epic Games, Inc., licensor of the Unreal® Engine code and other code, materials, and information that may be included in the Software (the “Epic Materials”). For purposes of clarity all Epic Materials are provided on an “as is”and “as available” basis, “with all faults” and without warranty of any kind.To the extent that you are accessing or using the Software through Steam DCC (and not Steam) makes the Software available to you in accordance with this Agreement, including, without limitation, the terms of this paragraph, which are required by Steam. The parties acknowledge that Steam is not responsible for the Software or any of the content thereof (excluding any Steam Software included in the Software), and has no obligation to furnish any maintenance or support services with respect to the Software. Without limiting any of the terms set forth elsewhere in this Agreement, including, without limitation, the disclaimer of all warranties, in the event of any failure of the Software to conform to any applicable warranty, if any, you may notify Steam and Steam will refund the purchase price for the Software to you, which is Steam’s sole warranty obligation whatsoever with respect to the Software. For clarity, this includes (and as between us and Steam, is our responsibility) any claims that you or any third party may have relating to the Software or our possession or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any third party claim that the Software infringes that third party’s intellectual property rights. The parties acknowledge that Steam and its subsidiaries are third party beneficiaries of this Agreement solely as it relates to the Steam Software contained in the Licensed Software and, as such, upon your acceptance of the terms of this Agreement, Steam will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement solely with respect to such Steam Software contained in the Software against you as a third party beneficiary thereof.
If you have any questions about this Agreement, or if you want to contact DCC for any reason, please direct all correspondence to business@digitalcybercherries.com.
© 2018 Digital Cybercherries, Limited. All rights reserved.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THETERMS AND CONDITIONS OF THIS AGREEMENT AND ANY AGREEMENT PROVIDED BY ANY THIRD PARTY PROVIDER, AND ALL APPLICABLE LAWS, AND AGREE TO BE BOUND ACCORDINGLY. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS OR ANY TERMS AND/OR CONDITIONS OF A THIRD PARTY PROVIDER THEN YOU MAY NOT ACCESS OR USE THE SOFTWARE.
HIS AGREEMENT PROVIDES FOR DISPUTES TO BE DETERMINED BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, UNITED STATES OF AMERICA, AND A CLASS ACTION WAIVER.PLEASE READ SECTION 16 CAREFULLY AS IT AFFECTS HOW ANY DISPUTES WITH DCC WILL BE DETERMINED. YOUR ACCEPTANCE OF THIS AGREEMENT CONSTITUTES ACCEPTANCE OF SUCH TERMS.
You are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation from DCC or any of its third party providers whatsoever other than what is expressly provided for in this Agreement.
1. Grant of License. Subject to the terms and conditions of this Agreement, DCC grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Software or rights to use the Software. The term of your license shall commence on the date that you install or otherwise use the Software.For clarity, rights to the Software are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement, which include, the terms of the following third party provider licenses and/or agreements: (a) the Steam Subscriber Agreement, located as of the date of this Agreement at steamproxy.net/steamstore; (b) the Unreal Engine End User License Agreement, located as of the date of this Agreement at http://www.unrealengine.com/eula; (c) the FMOD Studio license agreement, located as of the date of this Agreement at https://www.fmod.org/files/public/LICENSE.TXT; and (d) the Libreto license agreement, located as of the date of this Agreement at https://github.com/libretro/RetroArch/blob/master/libretro-common/include/libretro.h.
The Software may include certain items of third party software that are subject to open source licenses (“Open Source Software”), which may include, but are not limited to, one or more of the third party provider licenses and/or agreements set forth above. Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open Source Software.
2.License Restrictions. Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Software or any component of it, except as expressly authorized by DCC. Unless expressly authorized by DCC, you are prohibited from making a copy of the Software available on a network where it could be used or downloaded by multiple users. You may not decompile, disassemble, or reverse engineer the Software, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure the trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Software or related assets, whether of DCC, its third party providers or otherwise.
3. Reservation of Rights; Intellectual Property Rights. 3.1 Except as expressly licensed to you herein, as between the parties, DCC reserves all right, title and interest in the Software (including all characters, images, photographs, animations, video, music and text), and all associated copyrights, trademarks, and other intellectual property rights; DCC makes no claims with respect to any item, material or intellectual property contained in the Software the rights to which are owned and/or controlled by third party(ies), such remaining the property of its (their) respective owner(s). Any unauthorized use of these materials may violate applicable copyright, trademark and/or other proprietary rights of DCC and/or third parties, as well as the laws of privacy, publicity and other regulations and statutes. Nothing contained in this Agreement or the Software shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the owner thereof. The structure, organization and code of the Software are the valuable trade secrets and confidential information of DCC. The Software is protected by applicable law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect DCC’s copyright and other ownership interests in all items in the Software.
3.2 DCC respects the intellectual property rights of others. Please do not upload, post or otherwise share any item, material or intellectual property, including, without limitation any content that you or another user may have created or generated (“UGC”) that violates or infringes this agreement, the intellectual property rights of any third party, any third party’s rights of privacy and/or publicity, or applicable law. DCC may remove any UGC that it believes in its sole discretion may violate or infringe any of the aforementioned without prior notice to you. Should you believe that any element or component of the Software, including, without limitation, any audio and/or visual item or material, may infringe or violate your rights or the rights of others, including constituting copyright infringement under applicable law (including Title 17 of the United States Code, see 17 U.S.C. §502, et seq.), please notify us immediately at Digital Cybercherries, Limited, Attn: Designated Agent, 166 Cop Lane, Penwortham, Preston, Lancashire, England PR19AD or by email to business@digitalcybersherries.com. By uploading or posting any UGC you grant DCC an irrevocable, non-exclusive, royalty-free, assignable, sub-licensable, perpetual right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, translate and create derivative works from the UGC that you provide, throughout the universe, in any and all manner, means, form, format and/or media now known or hereafter devised, including, without limitation, including such in or in connection with the Software and allowing other users of the Software or DCC-controlled websites or channels of use, to use such UGC. You also waive any and all rights of attribution, integrity or any other moral rights, rights morale or droit moral arising out of or related to the UGC that you provide; to the extent any of such moral rights are not waivable, you agree not to bring, assert or allow others to bring or assert any claims with respect to such moral rights. For purposes of clarity, you, not us, continue to own and be responsible for the UGC; DCC just has the right to use the UGC in any manner it determines in its sole discretion. Without limiting the aforementioned you and solely you are responsible for all UGC that you provide.
4. Automatic Downloads, Updates, Upgrades and Features – Your Consent to Our Use. You agree that the Software may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that DCC may have to support the previous version of the Software may end upon the Software becoming available inclusive of the update, upgrade or implementation of additional features.
5. Assignment of Your Rights in any Contributions. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to DCC exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to DCC an irrevocable, exclusive, royalty-free, assignable, sub-licensable, perpetual right and license to use your contributions in any and all manner, means, form, format and/or media, whether now known or hereafter devised, throughout the universe, and agree not to use such contributions yourself or to any third party’s benefit. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Software in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration.
6. Cookies, Web Beacons, Analytics and Like Tracking Technologies; Data Collection –Your Informed Consent to Our Use. To facilitate product support, product development and improvement as well as other services to you, you agree that DCC or other third parties may use cookies, web beacons and other analytic technologies to collect, use, store and transmit non-personally identifiable technical and related information regarding your device (including unique device id or UDID), IP address, geo-location, device make and model, operating system, software and applications, including Software usage data (collectively, “tracking technologies”). By accessing or using tracking technologies, DCC or a third party may track usage of an application and/or the Software, and also provide you with advertisements that are sent to you based on the usage data collected. In addition, DCC and/or third parties may collect, store, use and transmit non-personally identifiable Software data, session data, browser identifiers, carrier information, as well as online and Software usage metrics, statistics and/or analytics. Data collected by third parties will be collected, used, stored, transferred and disclosed pursuant to the third party’s privacy policy. You should review the privacy policy for each such third party. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Software. DCC does not guarantee that all third parties that may collect information about you via this Software have an opt-out for behavioral tracking.
7. Termination of Agreement; Survival. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Software within your possession or control and, promptly upon DCC’s request, certify to DCC that you have done so. Paragraphs 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 ofthis Agreement shall survive any termination or expiration of this Agreement.
8. Changes or Revisions to this Agreement. DCC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. DCC will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Software. Your continued use of the Software following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.
9. Notices. In accordance with provisions in this Agreement requiring DCC give notice to you, DCC will do so by means of a general notice on its website, in the Software, or on the Steam community page of the Software, the choice of which being at DCC’s sole discretion. Any notices to DCC can be sent to DCC at 166 Cop Lane, Penwortham, Preston, Lancashire, England PR19AD.
10.“As Is” Software; Disclaimer of Warranties. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS.” NEITHER DCC, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SOFTWARE, THE SOFTWARE, OR ANY DCC PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THATTHE SOFTWARE WILL BE ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DCC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, SECURITY, AND NON-INFRINGEMENT. DCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SOFTWARE.
11. Limitation of Liability. NEITHER DCC, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SOFTWARE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OFACTION (EVEN IF DCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SOFTWARE; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY DCC OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL DCC, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SOFTWARE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIALDAMAGES OR LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS, AND/OR YOU MAYRESIDE IN A JURISDICTION THAT AFFORDS YOU SIGNIFICANTLY BROADER RIGHTS, IN WHICH CASE(S) SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE TOTAL LIABILITY ARISING FROM THIS AGREEMENT OF DCC AND ITS THIRD PARTY PROVIDERS AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
FOR EUROPEAN UNION RESIDENTS ONLY, NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE STATUTORY LIABILITY OF DCC ITS REPRESENTATIVES AND VICARIOUS AGENTS (A) FOR INJURIES TO LIFE, BODY OR HEALTH, (B) FOR DAMAGES CAUSED WITH INTENT OR GROSS NEGLIGENCE,(C) IN THE EVENT OF FRAUDULENT MISREPRESENTATION, OR (D) FOR ANY OTHER LIABILITY THAT THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE DO NOT ALLOW TO BE EXCLUDED OR LIMITED. IN THE EVENT OF DAMAGES TOPROPERTY AND FINANCIAL DAMAGES CAUSED BY THE SLIGHT NEGLIGENCE OF DCC, ITS REPRESENTATIVES OR VICARIOUS AGENTS, SUCH PARTY SHALL BE LIABLE ONLY IN THE EVENT OF A VIOLATION OF A CONTRACTUAL CORE DUTY, HOWEVER LIMITED TO THE AMOUNT OF THE DAMAGE WHICH WAS FORESEEABLE AT THE TIME OF CONCLUSION OF THE CONTRACT AND TYPICALLY TAKING INTO ACCOUNT THE NATURE OF THE CONTRACT. CONTRACTUAL CORE DUTIES ARE SUCH DUTIES WHOSE ACCOMPLISHMENT ENABLES PROPER FULFILLMENT OF AN AGREEMENT AND WHOSE OBSERVANCE THE CONTRACTING PARTIES MAY REGULARLY RELY ON.
2. Limitation of Liability and Disclaimer of Warranties are Material Terms of this Agreement. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and thatDCC would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
13. All Associated Fees and Costs are Your Responsibility. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SOFTWARE. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Software. Any and all fees or costs that you may incur in connection with accessing and/or using the Software or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of DCC or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Software may apply. DCC does not guarantee that this Software can be accessed on all devices or wireless service plans. DCC does not guarantee that this Software is available in all geographic locations.
14. Defense, Indemnification and Hold Harmless. You agree to defend, indemnify and hold harmless DCC, and any of its directors, officers, employees, affiliates, shareholders, members or agents, from and against any and all claims, losses, damages, liabilities other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
15. Export Controls and Regulations. While others may be the exporter of the Software, the Software may be subject to United States export controls and similar laws of other jurisdictions. No component or element from the Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a“terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16.Your Agreement to Arbitrate All Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, DCC may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which DCC or its assigns may be entitled under this Agreement or applicable law, in the event of any actual or threatened breach of this Agreement by you or on your behalf, DCC would be irreparably damaged if this Agreement where not specially enforced and, as such, you agree that DCC shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Software. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to this Agreement or the Software to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND DCC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DCCagree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
17. Waiver or Right to Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, INCONNECTION 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 AJURY TRIAL.
18. Governing Law, No Assignment, Entire Agreement, No Waiver, Severability and Interpretation. This Agreement is governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You may not assign any part of this Agreement without the prior written consent of DCC. Any attempted assignment without such consent shall be void. This Agreement constitutes the entire understanding and agreement between you and DCC with respect to the Software, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law.Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.Headings and titles are provided solely for convenience and have no meaning or interpretative effect.
19. Epic Games and Other Third Party Providers. Included among the third party providers of DCC, among others, is Epic Games, Inc., licensor of the Unreal® Engine code and other code, materials, and information that may be included in the Software (the “Epic Materials”). For purposes of clarity all Epic Materials are provided on an “as is”and “as available” basis, “with all faults” and without warranty of any kind.To the extent that you are accessing or using the Software through Steam DCC (and not Steam) makes the Software available to you in accordance with this Agreement, including, without limitation, the terms of this paragraph, which are required by Steam. The parties acknowledge that Steam is not responsible for the Software or any of the content thereof (excluding any Steam Software included in the Software), and has no obligation to furnish any maintenance or support services with respect to the Software. Without limiting any of the terms set forth elsewhere in this Agreement, including, without limitation, the disclaimer of all warranties, in the event of any failure of the Software to conform to any applicable warranty, if any, you may notify Steam and Steam will refund the purchase price for the Software to you, which is Steam’s sole warranty obligation whatsoever with respect to the Software. For clarity, this includes (and as between us and Steam, is our responsibility) any claims that you or any third party may have relating to the Software or our possession or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any third party claim that the Software infringes that third party’s intellectual property rights. The parties acknowledge that Steam and its subsidiaries are third party beneficiaries of this Agreement solely as it relates to the Steam Software contained in the Licensed Software and, as such, upon your acceptance of the terms of this Agreement, Steam will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement solely with respect to such Steam Software contained in the Software against you as a third party beneficiary thereof.
If you have any questions about this Agreement, or if you want to contact DCC for any reason, please direct all correspondence to business@digitalcybercherries.com.
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