PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS SOFTWARE IS LICENSED, NOT SOLD. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THIS EULA BELOW YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS EULA. YOU MUST ACCEPT THIS EULA IN ORDER TO DOWNLOAD THIS SOFTWARE AND ACCESS THE GAME (AS DEFINED BELOW).

This software program, and any files that are delivered to you by RSII via on-line transmission or otherwise to “patch”, update, or otherwise modify this software program (the “Game Client”), as well as any printed materials and any online or electronic documentation (the “Manual”), and any and all copies and derivative works of the Game Client and Manual (collectively, with the Game Client and the Manual, the “Game Material”) for the game Star Citizen and related modules, including without limitation, ‘Squadron 42’ (the “Game”) are the work of, and owned by, Roberts Space Industries International Limited, or any of its subsidiaries and affiliates, including its parent companies, Cloud Imperium Games Corporation, Cloud Imperium Games UK Limited, Roberts Space Industries Corp., and their licensors (collectively, “RSII”). Any and all uses of the Game are governed by the following (herein, collectively, “RSII Terms”) (i) the terms of this EULA, (ii) the Terms of Service available at www.robertsspaceindustries.com/tos (“Terms of Service”), and (iii) RSII’s Privacy Policy available at www.robertsspaceindustries.com/privacy (“Privacy Policy”), as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, prize draw, competition or other offering. The Terms of Service and the Privacy Policy are incorporated herein by this reference. You must accept the Terms of Service and Privacy Policy to play the Game.

The Game is distributed solely for use by authorized end users according to the RSII Terms. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the RSII Terms is expressly prohibited.

I. Limited Use License

Subject to your agreement and continuing compliance with the RSII Terms, RSII hereby grants to you a limited, personal, non-exclusive, non-transferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the website www.robertsspaceindustries.com and related webpages (hereafter the “Website”) for your non-commercial entertainment purposes only.

You agree that you will not, under any circumstances:

• In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Material; provided, however, that you may make copies of the Game Client and the Manuals for personal purposes only;
• Use cheats, automation software (bots), hacks, mods or any other unauthorized third party software designed to modify the Game experience and/or give you an advantage over other players;
• Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling;


• Use any unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Website, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that RSII may, at its sole and absolute discretion, allow the use of certain third party user interfaces;


• Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by RSII;


• intercept, emulate or redirect the communication protocols used by RSII in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;


• Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by RSII;


• Sell, grant a security interest in or transfer reproductions of any of the Game Materials to other parties in any way not expressly authorized herein or in the Terms of Service, or rent, lease or license any of the Game Materials to others.

II. RSII Ownership

“RSII Content” includes (1) software, software updates or patches, or other utilities and tools from RSII or its licensors, including without limitation, the Game Client (“RSII Software”) and (2) other text and audio visual material, the design and appearance of the Game and the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.

“UGC” is user generated content provided by you or other users of the RSII Services. RSII does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the RSII Services. RSII reserves the right to remove UGC that is illegal, contrary to this EULA or our Terms of Service or objectionable to us for any reason. RSII does not assume any responsibility or liability for UGC.

RSII Content is owned by RSII or RSII’s third party licensors and is protected by English, US and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any RSII Content from any of the RSII Services unless expressly authorized by us in writing or the RSII Terms.


You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any RSII Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the RSII Content. RSII reserves all rights in the RSII Content that are not expressly granted to you under the RSII Terms. You acknowledge that RSII and/or our third party licensors remain the owners of all of the RSII Content included on the RSII Services, and that you do not acquire any of those ownership rights by downloading any of the RSII Content or accessing any of the RSII Services.

Making unauthorized copies of any of the RSII Content may result in the termination of your Account(s) after notice of breach, you being prohibited from using any of the RSII Services, and further civil or criminal legal action being brought against you by us and/or our third party licensors.

III. Patches and Updates

IMPORTANT: RSII MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF RSII SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. RSII RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES, PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED.

IV. Availability of Online Services

This Game is an online game that must be played over the Internet through the Website. You understand and agree that the Website is provided by RSII at its discretion and may be terminated or otherwise discontinued by RSII pursuant to our Terms of Service. It is your responsibility to obtain (at your own cost) all necessary devices and telecommunications services required to access the RSII Services.

V. Disclaimers & Indemnification

A. Limitations on Warranty & Liability

NOTHING IN THIS EULA LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OF THE OTHER RSII SERVICES, THE RSII SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. RSII SERVICES, RSII SOFTWARE, RSII’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. RSII PROVIDES THE RSII SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE RSII SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RSII WILL HAVE ADEQUATE CAPACITY FOR THE RSII SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE RSII SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE RSII SERVICES, IS AT YOUR SOLE RISK.

YOU ACKNOWLEDGE AND AGREE THAT RSII, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE RSII SERVICES OR USE OF THE RSII SOFTWARE. IN NO CASE SHALL RSII OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH RSII, THE “RSII AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RSII FOR THE RSII SERVICES. SAVE AS SET OUT IN THIS EULA OR OUR TERMS OF SERVICE, NONE OF THE RSII AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE RSII SERVICES, THE RSII SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE RSII SERVICES OR YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE RSII AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. RSII DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE RSII SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.

B. Indemnification

Upon RSII’s request, you agree to defend, indemnify and hold harmless each of the RSII Affiliates and RSII’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other RSII Terms, for which you are responsible or in connection with your communication and activity on the RSII Services, including, without limitation, distribution of any UGC on or through the RSII Services. Without limiting the generality of the foregoing, you agree to indemnify and hold RSII harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.

RSII reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to RSII in that matter.

C. Pre-Releases (Alpha/Beta Testing)

If you download a Pre-Release Game as defined in Sec VI. of our Terms of Service, the specific rules set forth in that section regarding Beta Testing will apply and govern your use of any such Pre-Release Game. Without limiting any of the RSII Terms, you specifically acknowledge and agree that you understand the nature of such Alpha or Beta testing, (i.e. that you may experience bugs, crashes, and the like, or that the Pre-Release Games may be changed or redesigned subsequently). Nothing contained in the foregoing shall be considered a breach by RSII of any of the RSII Terms or a failure of RSII to deliver the Game.

VI. Disputes & Binding Arbitration

A. Equitable Remedies

You hereby acknowledge and agree that RSII would suffer irreparable harm if this EULA or any of the RSII Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that RSII shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other RSII Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this EULA or the RSII Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

B. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other RSII Terms (“Dispute”), you and RSII agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. RSII will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Account. You agree to send your notice to Roberts Space Industries International Limited at Freedom House, Church Street, Wilmslow SK9 1AX, United Kingdom, Attn: Legal Department with a copy via email to [email protected].

VII. Termination

This EULA (and all subsequent modifications, if any) shall remain effective until terminated in accordance with this EULA or our Terms of Service, it being understood that you may terminate this EULA at any time for any reason or for no reason. Termination by RSII will be effective upon notice to you, termination or deletion of your Account, or our decision to permanently discontinue offering and/or supporting the Game, which we may do at any time in our reasonable commercial discretion. You may terminate this EULA (and, consequently, your Account) at any time by notifying RSII at [email protected]. Upon termination of this Agreement, your right to use the RSII Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections V, VI, VII, and IX.

VIII. No Right of Withdrawal

You acknowledge that by agreeing to this EULA and downloading the Game Client you hereby waive your right to cancel this EULA (as provided for under the Consumer Rights Directive (93/13/EC) or any applicable national implementing legislation).

IX. General Terms

A. Third Parties. You agree that neither this EULA nor any of the RSII Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA and the RSII Affiliates.

B. Severability. If any provision in this EULA is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of RSII, and the remaining provisions of this EULA shall remain in full force and effect.

C. Waiver. The failure of RSII to exercise or enforce any right or provision contained in this EULA or any RSII Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by RSII.

D. Force Majeure. RSII shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RSII, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond RSII’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

E. All remedies, cures and other legal measures by RSII set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. RSII hereby expressly reserves its right to enforce all remedies, cures and other legal measures available under applicable law.

F) Governing Law. This EULA shall be governed by and construed in accordance with the laws of England and Wales. The competent courts of Manchester, England shall have the non-exclusive right to hear any dispute or claim arising out of or in connection with this EULA.

G) Entire Agreement. The RSII Terms constitute the entire agreement between you and RSII relating to your rights and obligations in the use of RSII Services and the Game Materials licensed hereunder. If there is any conflict between this EULA, the Terms of Service, the RSII Privacy Policy, and any other RSII Terms, RSII shall resolve the conflict in its sole discretion.

Users Subject to the Jurisdiction of Germany

Instead of Section V “Limitation of Liability” the following shall apply:

Limitation of Liability



• RSII is liable for damages, regardless on which legal basis (be it contract, tort or otherwise), only if
  
  • such damages are cause by violation of essential obligations of these Terms of Service (Kardinalpflichten) for RSII’s negligence or intent (Verschulden) which endangers the purpose of the Agreement; or
  • such damages are caused by RSII’s gross negligence or intent.
• In case that RSII is liable for the violation of an essential obligation of these Terms of Service (Kardinalpflicht) without acting with gross negligence or intent then the liability is limited to amount of payments received from the respective User.
• If RSII is liable for damages pursuant to Section (a) above for gross negligence or intent of RSII staff other than the managing directors then the liability is also limited to the amount set forth in Section (b).
• RSII is not liable for indirect or consequential damages (Mangelfolgeschäden), loss of profits or frustrated costs if such damages are not a result of gross negligence or intent of RSII’s managing directors.
• The exclusion or limitation of liability pursuant to this Sec. IX also applies with respect to claims against RSII’s staff or contractors.
• The liability of RSII with respect to death, bodily injury or health, a guarantee by RSII (if any) or pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

If the User is also liable for certain damages then RSII shall bear an amount of such damages in accordance to its contributory negligence (Mitverschulden). With respect to the User’s responsibility for reduction of damages (Schadensminderungsobligenheit) the User is responsible for regular back-ups of its data and in case of an assumed bug shall take all further reasonable measures. In case of loss of data RSII is thus liable only to the extent that such loss of data would have occurred in case of a due data back-up as well.

I hereby acknowledge that I have read and understand this EULA and that I agree that by clicking “Accept” I am acknowledging my agreement to be bound by this EULA.