Last Updated Date: August 18, 2021
IMPORTANT NOTICE: THESE TERMS AND YOUR USE OF THE GAME ARE SUBJECT TO BINDING ARBITRATION, A WAIVER OF CLASS ACTION RIGHTS, LIMITATIONS OF LIABILITY AND OTHER TERMS THAT LIMIT YOUR RIGHTS. PLEASE BE SURE TO READ THEM CAREFULLY BEFORE YOU ACCEPT.
This End User License Agreement (the “EULA” or “Agreement”) governs your use by the Aliens: Fireteam Elite video game, application, software, their associated upgrades, patches, and updates and related services (the “Game”) provided by Cold Iron Studios, LLC (“Cold Iron," “we” or “us”).
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept our EULA. This not only helps us preserve a healthy and fun environment for all of our players, it also allows us to continuously improve your player experience.
6.1.Limited License. Subject to the terms and conditions of this EULA, Cold Iron hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license to download and install the Game on your personal device(s) for your personal and noncommercial use, including to create Derivative Works as set forth below.
6.2.Derivative Works. We encourage our End Users to create and share fan art, fan fiction, video montages, Let’s Play videos, and other creative content with the video game community (“Derivative Works”). We also encourage streaming and recording your Game play and sharing it with the community through social media video streaming services such as YouTube.com or Twitch.tv. Those streams and videos containing gameplay or other excerpts or elements of our Game are also considered “Derivative Works”.
For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any Game play that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome). We only ask that, as a courtesy, you send us a note or @ us in a Tweet to let us know when you’re streaming so we have a chance to support and promote those who are supporting and promoting our Game.We want you to create and express yourself freely, as long as your Derivative Works do not misappropriate, infringe or otherwise violate the rights of any other third party, including any copyrights, trademark rights, rights of publicity or privacy, or contractual rights. You retain all rights in and to your contributions to the Derivative Works. By sharing your Derivative Works with the community, you grant us an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your contributions to the Derivative Works solely in connection with our Game.
However, Derivative Works shared with the community must comply with this EULA. If you do not comply with any of the terms contained therein, we reserve the right to revoke the licenses granted and use any legal remedies available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein. In addition, you agree that you are solely responsible for obtaining any other licenses or releases necessary to create, publish and publicly perform your Derivative Works, and to grant us the rights granted above, and you will be liable for any claims that may arise out of your failure to do so.
6.3.Ownership. You acknowledge and agree that, (1) regardless of your purchase of any CD or DVD on which the Game is made available, the Game itself is licensed, not sold, to you, (2) while you may own the physical copy, no title or ownership is being transferred or assigned in the intellectual property rights in the underlying Game, or any elements of the Game (including without limitation any titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, sound or music, etc.), including those incorporated in Derivative Works, (3) between you and Cold Iron, Cold Iron owns and shall continue to own all rights, title and interest in and to the foregoing, including all copies thereof, and all use of Cold Iron’s trademarks shall inure to the benefit of, Cold Iron.
6.4.Reservation of Rights. ALL RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS AGREEMENT ARE RESERVED BY COLD IRON AND ITS LICENSORS.
6.5.Protection and Enforcement. The Game is protected by the copyright and other intellectual property laws of the United States, international treaties and other laws enforceable by Cold Iron and its licensors. Those licensors may also enforce the terms of this Agreement as third-party beneficiaries.
User Restrictions. You are prohibited from doing any of the following without Cold Iron’s express prior written consent or unless otherwise expressly permitted by applicable law, and you agree that the violation, or even attempted violation, of any of the following license limitations will result in the automatic termination of your license:
Parents and guardians of children under the age of majority in their jurisdiction or 18 years of age, whichever is older, agree that you will be responsible for all uses of the Game by your child whether or not such uses were authorized by you.
Collection of Anonymous Usage Data. Cold Iron may collect anonymous usage information from you when you download the Game and/or access it on the Game Platform. Such information may include your computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game. We do this in order to provide the best game experience possible. We also may use this information in connection with the enforcement of this EULA. Cold Iron may use any collected information to improve its products, to monitor any cheats, hacks or tampering, to administer the Game, to analyze trends, or to provide services to you. In addition, Cold Iron may also use this information for the purpose of research, development, administration, support and marketing of Cold Iron products and services.
17.1.Initial Dispute Resolution. Cold Iron's customer support is available (as set forth in Section 20 below) to address any concerns you may have regarding the Program. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2.Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiate pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Game shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions (the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
17.3.Arbitrator’s Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
17.4.Fees. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Cold Iron will pay the additional cost.
17.5.Acknowledgements. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.6.Location. Arbitration shall be initiated in Los Angeles County, California, and you and Cold Iron agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.7.Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COLD IRON 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.8.Exception - Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Game under this Agreement. You acknowledge that Cold Iron may suffer irreparable damage if you breach of the license granted to you hereunder. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys' fees, Cold Iron shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
17.9.30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration", "Location", and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: Cold Iron Studios LLC, 4 North Second Street, Suite 450, San Jose, California United States 95113, Attn: Legal. The notice must be sent within 30 days of purchasing the Game (or if no purchase was made, then within 30 days of the date on which you first access or use the Game and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Cold Iron also will not be bound by them.
17.10.Changes to this Section. Cold Iron will provide 60-days’ notice of any changes to this Section 17. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
Customer Support. If you have any questions, concerns or complaints regarding our games or this agreement, contact us:
Mail: Cold Iron Studios LLC
Attn: Customer Service
4 North Second Street, Suite 450
San Jose, California United States 95113
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.
© 2021 Cold Iron Studios LLC. All Rights Reserved