INTRODUCTION
Please read this End User License Agreement (“EULA”) carefully before downloading, installing, or playing Firebreak: Strike Team (“Game Software”). The EULA is a legal agreement between (a) you (either an individual or a single entity) and (b) Beard Development which governs your use of the Game Software. By installing, copying, and/or using this Game Software you (1) represent that you are of the legal age of majority in your state, province, jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract, and (2) you agree to be bound by the terms of this EULA.
If you agree to the terms set forth in this EULA, select “Agree” to install the game software and confirm your understanding and acceptance of these terms and conditions for using the Game Software.
If you do not agree to the terms set forth in this EULA select “Do Not Agree”, and Beard Development does not grant you the license (defined below) to this game software.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 17.
- LIMITED USE LICENSE GRANT
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and all copies of such software and materials. Beard Development grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on a device your personal use (the “License”). All rights not specifically granted under the License are reserved by Beard Development, as applicable, by its licensors. The Game Software is licensed to you, not sold and you should only make use of this license if you agree to all applicable terms. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
- LIMITED USE LICENSE CONDITIONS
The Game Software or any of its parts cannot: (a) be used commercially or for any promotional purposes; (b) be used on more than one device at a time; (c) be copied, reproduced, distributed, displayed, or used it in a way that is not expressly authorized in this Agreement; (d) be sold, rented, leased, licensed, distributed, or otherwise transferred; (e) be reverse engineered, have source code derived from, modified, adapted, translated, decompiled, or disassembled or have derivative works based on it; (f) be removed, disabled, circumvented, or have any proprietary notice or label or security technology included in it modified; (g) created, developed, distributed, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; or (j) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by Beard Development , in Beard Development ’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.
The Software may contain Cheat Detection software or features, or you may be prompted to install Cheat Detection software during your installation of the Software. If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection software or features, the License granted to you automatically terminates and you may not make use of the Software. The Software or the Cheat Detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with Cheat Detection, subject to Beard Development ’s Privacy Policy. In the event Cheats are identified, you agree that Beard Development may exercise any or all of its rights under this Agreement.
- OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all are owned by Beard Development or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Beard Development by others, and Beard Development and Beard Development’s licensors may protect their rights in the event of any violation of this Agreement.
4.UPDATES TO GAME SOFTWARE
Beard Development may provide updates, patches, or upgrades to the Software that must be installed for you to continue to use the Game Software. Beard Development can change, suspend, terminate, substitute, replace, or limit your access to any aspect of the Game Software at any time. You acknowledge that your use of the Game Software does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Game Software, including but not limited to any in-game rewards, achievements, character levels, Game Currency, or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Game Software may cease to be available to you at any time without notice, including without limitation after a patch, update, or upgrade is applied by Beard Development. Beard Development does not have any maintenance or support obligations with respect to the Software.
5. GAME CONTENT
Beard Development may provide you the opportunity to acquire licenses to in-game content by (A.) purchasing a monthly subscription service, or by (B.) accomplishing specific tasks within the Game Software. You may only use such Game Software Content when you earn or pay the fee to obtain such Content. Content purchased or obtained from Beard Development is licensed and not sold.
The Game Software Content Is not redeemable for money or monetary value from Beard Development or any other person except where required by applicable law. Game Software Content does not have any real or equal value in virtual or real currency. Beard Development nor any other person or entity has any requirement to exchange Game Software Content for real or virtual currency. You agree that Beard Development may take actions that impact the perceived value or purchase price of Game Software Content at any time, except as prohibited by applicable law.
All purchases of Game Software Content are final and are not refundable, transferable, or exchangeable under any circumstances, except as required by applicable law. Beard Development, in its sole discretion, may impose limits on the amount of Game Software Content that may be purchased, earned, accumulated, redeemed or otherwise used.
6. USER GENERATED CONTENT
Any content that you create, generate, or make available through the Game Software including character outfits, vehicle designs, chat posts, character data, game customizations, in-game constructions, and screenshots, shall be “UGC”. You grant Beard Development a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, copy, modify, adapt, distribute, and publicly display your UGC. You may not create, generate, or make available through the Game Software any UGC to which you do not have the right to grant Beard Development such license. You may not create, generate, or make available through the Game Software or external services any UGC that is illegal or violates or infringes another’s rights, including intellectual property rights or privacy, publicity or moral rights. Beard Development reserves the right to take down any UGC at its discretion.
7. Feedback
If you provide Beard Development with any Feedback, you hereby grant Beard Development a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Beard Development is not required to make any use of any Feedback that you provide. You agree that if Beard Development makes use of your Feedback, Beard Development is not required to credit or compensate you for your contribution. You represent and warrant that you have enough rights in any Feedback that you provide to Beard Development to grant Beard Development and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
8. Ownership/Third Party Licenses
Beard Development and its licensors own all title, ownership rights, and intellectual property rights in the Game Software and Services. Beard Development, Firebreak: Strike Team, Unreal Engine, Epic Games, and their respective logos, are trademarks or registered trademarks of Beard Development and its affiliates in the United States of America and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by Beard Development ’s licensors. A list of credits and notices for third party components may be found in the game interface.
9. Disclaimers and Limitation of Liability
The Game Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Beard Development , its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Game Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Beard Development knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Beard Development , its licensors, and its and their affiliates make no warranty that (1) the Game Software or Services will operate properly, (2) that the Game Software or Services will meet your requirements, (3) that the operation of the Game Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Game Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Beard Development, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Beard Development , nor its licensors, nor its or their affiliates, nor any of Beard Development ’s service providers (collectively, the “Beard Development Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Game Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Game Software or Services, even in the event of an Beard Development Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Beard Development Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Beard Development Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Beard Development for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Game Software or Services.
10. Indemnity
You agree to indemnify, pay the defense costs of, and hold Beard Development , its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software (including any Game Currency or Content) or Services. You agree to reimburse Beard Development on demand for any defense costs incurred by Beard Development and any payments made or loss suffered by Beard Development, whether in a court judgment or settlement, based on any matter covered by this Section 10.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
11. Termination
Without limiting any other rights of Beard Development, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Sections 2, 6-14, and 16-18 will survive any termination of this Agreement.
12. Governing Law and Jurisdiction
You agree that this Agreement will be deemed to have been made and executed in the State of California, U.S.A., and any dispute will be resolved in accordance with the laws of California, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Superior Court of Marin County, State of California or the United States District Court for the Northern District of California. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
13. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Game Software (including any Game Currency or Content) or Services or this Agreement. You also agree not to seek to combine any action or arbitration related to the Game Software or Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
14. U.S. Government Matters
The Software is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Software is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
You represent and warrant to Beard Development that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Amendments of this Agreement
Beard Development may issue an amended Agreement, EULA, or Privacy Policy at any time in its discretion by posting the amended Agreement, EULA, or Privacy Policy on its website or by providing you with digital access to amended versions of any of these documents when you next access the Game Software. If any amendment to this Agreement, the EULA, or Privacy Policy is not acceptable to you, you may terminate this Agreement and must stop using the Game Software. Your continued use of the Game Software will demonstrate your acceptance of the amended Agreement and EULA as well as your acknowledgement that you have read the amended Privacy Policy.
16. No Assignment
You may not, without the prior written consent of Beard Development, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Game Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Game Software. Beard Development may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
17. Definitions
As used in this End User License Agreement, the following capitalized words have the following meanings:
“Agreement” means this End User License Agreement
“Cheat Detection” means functionality intended to identify Cheats.
“Cheats” means programs or other processes which may give players an unfair competitive advantage in the Software.
“Confidential Information” means any non-public information related to the Software, including without limitation information related to gameplay or other content, Game Currency, Content, the Services, your own feedback and comments, and the feedback or comments of any other licensee of the Software or any Beard Development representative.
“Content” means any virtual items or other content that Beard Development makes available for you to access or download through or in connection with the Game Software.
“Beard Development” means:
- Benjamin Beard, an individual living in Novato, California, 94947, U.S.A.;
“Feedback” means any feedback or suggestions that you provide to Beard Development regarding the Software, Services or other Beard Development products and services.
“Services” means any services made available to you through the Game Software, including services to acquire, maintain and use Game Currency and Content.
“Game Software” means the proprietary software application known as Firebreak: Strike Team, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by Beard Development under this Agreement, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing. Software specifically includes all Game Currency and Content for which you have paid the associated fee or otherwise acquired a license under Section 5.
18. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and Beard Development relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in under your circumstances. In the event certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
Any act by Beard Development to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
Beard Development ’s obligations are subject to existing laws and legal process, and Beard Development may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.