Does that mean you'll stop sending me PM's with block capital accusations of crimes in them ?.
That's a shame, I laughed coffee out of my nose.
What to do about Griefers
- Thread starter Cmdr Green Skin
- Start date
Does that mean you'll stop sending me PM's with block capital accusations of crimes in them ?.
That's a shame, I laughed coffee out of my nose.
Done!, please stop harassing me!
Use the ignore function if you feel the need.
Done! - Leave me alone and don't tell me what I should or shouldn't do, thank you! - Stalking and harrassment?!
That's not how ignoring someone works.
Done!
Come on, that's the third time you said 'done'. It stops being dramatic after the first.
Not really thats all I have to say to people who stalk you and continually try baiting, he even stalked me in game by adding me at random and stayed silent like a wierd phone call, it's not to be dramatic.
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I wouldn't call it Stalking when you are the one who started the conversation...
Anyway, nothing of this persists. The mods will come soon and clean this mess.
PvPers often scold an upset Carebear to get good, build a proper ship, know how to high wake, Open is safe, etc.
But I very often see we PvPers in Solo....lawful, outlaw, in-law alike.
Are we not "gud" enough?
I don't think all of us are getting footage for a video.....
puzzling....
I am playing Devil's advocate.
Gosh, does it rankle my cankles to see outlaws that favorite Open Play in Solo without a good reason.
I use solo to find HGE's I find it more productive
The thing about that is they want us out of the game or on shadow servers, FD listen to the biggest responses on the forums, if we remain silent, we lose aspects of the game we love, it's already happened and continues.
Please elaborate. What happened? And now please don't tell me to look in your sig, that one got old very quick!
The comments are here in this thread for you, I'm not looking for you.Please elaborate. What happened? And now please don't tell me to look in your sig, that one got old very quick!
I ain't no skivvy!You specifically asked me to block you in game.
Keeps getting funnier though.
No I never, and I most certainly never asked for the friend request and not responding - GO CHECK ,Leave me alone weird guy!
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^^
Respectfully disagree. I think the exact opposite would happen. Especially if after adding FCs, they integrate a space legs with atmospheric landing features. I believe MORE PvE minded players would be attracted to the game. And this would potentially offset the PvP ganker numbers which permanently depart. I do think that the number of PvE gamers in the industry today (regardless of whether they play PvP centric franchises or not) is highly under rated. The F76 and GTAO community is a good example of that. An increasing number of players spend more time in adventure mode/private lobbies doing PvE affiliated activities than in the PvP/open play free roam lobbies of these games.
I have a lot of PC platform only friends (here in US and in EU) who camp out daily on sites like Steam/GOG. Playing a variety of different gaming genres the likes of creative non space themed sandbox/RPG games the likes of Minecraft, The Sims, Gary's Mod. RPG fantasy and driving/transportation sims the likes of TES, Fallout, RDR2, ETS 2 and Forza. Economic/city building based sims the likes of Civilization and Farming Simulator 19. City building strategic sims the likes of SimCity/Skylines. And space sims the likes of Space Engineer/NMS/X4 and yes even outdated Empyrion Galactic die hards.
Despite the vast differences in the games they chose to play, all these friends share a common characteristic, they're happiest when playing a game Solo, or in some form of a collaborative/competitive PvE multiplayer. If playing competitive PvE (like grinding to make the most money in GTAO/RDR2 Online, build the best city/complete espionage/build/crafting mission objectives in games like Civilization and Space Engineers) then 100% of all multiplayer interaction is by mutual consent using the rules set by the game environment features (i.e. players who RP criminals/pirates etc DO NOT attack or engage other players. Regardless of whether they're also RPing criminal roles or not. They only attack/hostile engage NPCs). If collaborative PvE, it's more by mutual support of players v. NPCs/world environment. Space Engineers and F76 are good examples of that.
NONE of my friends care to engage in any direct PvP. And if they're forced into being exposed to PvP scenarios (like in a game like Fallout 76 which has some 95% PvE minded fan base) then the resulting PvP game play tends to suffer. Because the majority of PvE players in my experience, opt NOT to engage (i.e. using passive mode, blocking or server hopping/blocking to avoid and ignore PvP players entirely). In fact, Survival mode in F76 became such a ghost town because of this that Bethesda was finally forced to nerf it.
The bottom line is there are many PvE gamers like me who have been unwillingly forced into multi player by online trends in the game industry. Just based on feedback and experiences from my online friends, virtually all of them prefer Solo (if they're introvert PvE lone wolf types) or some form of collaborative/competitive multiplayer (if more extrovert PvE types). They're also open to playing space themed games with good sandbox/RPG elements the likes of Obsidan's upcoming The Outer Worlds. And likes of CDPR's CP2077.
So if FDev were to make ED more attractive for PvE minded gamers like these, DB would need to improve ED's game play mechanics in addition to FCs. FDev would need to invest more dev time in creating stronger ED lore, detailed human and alien Thargoid NPCs with personality/character, an Obsidan/Bethesda depth of development in NPC PP characters, a stronger PP element to encourage emergent sandbox RPG game play etc). All of that on top of space legs and atmospheric planetary landings. Complete with a NMS style of RNG POIs randomly distributed on planets in systems. And if they could pull all of this off, then I suspect FDev would see a surge of interest in ED's PvE fan base. This latest n00b friendly update boosted ED back into the bottom third of Steam's 100 most popular games. I wouldn't be surprised if adding all these improvement features boosted ED near the median in the top 100 games on Steam. PvE/RPG gamers crave game world engagement and immersion. It's why 8 year old Skyrim and 4 year FO4 is still in the top 30/100 PC popular games on Steam to date. It's why Kingdom Come Deliverance (a deep RPG fantasy medieval game) debuted in the top of 5/100 on the Steam charts. Made a record $0.5 Million or so in it's first week of release. A marketing phenomenon from a completely unknown AA dev. Which is proof alone of the under rated PvE gamer commitment to playing new/different titles in the industry.
Because I have many friends who've admitted to an interest in playing ED in PG and/or Solo. But don't because ED still lacks fundamental, immersive features like space legs, station interiors, atmospheric landings etc. Which other space games the likes of NMS, Empyrion Galactic and X4 have to date. Or lacks player - world environment interaction. Global customization features which allows the player to personally affect and terraform their environment to build personal structures/vehicles etc. by using crafting/building features. Much the way NMS, TES and Fallout currently permit. Or they're deep RPGers of Obsidian Fallout game play who find ED's sand box/PP & especially CG events fascinating. But insufficient, since its weak PP element makes game play as vast as the ocean and deep as a puddle. Especially since ED's BGS relies on PP which is on the weak end and doesn't encourage consistent RPG emergent game play. Once you've ranked up to Admiral of Fleet or Prince, the RPG element for PP becomes somewhat trivial.
TL DR all my online friends are PvE minded gamers who all play a variety of competitive/solo space and non space game genres. Some of them are old enough to have played Privateer in the past. But they all prefer to play in Solo and/or some form of multiplayer PvE mode. They're all hyped for CDPRs release of futuristic world CP2077, Obsidian's The Outer Worlds, and DDG's RGO (when these titles finally make it to Steam). And so wouldn't mind trying a futuristic new genre that 's a space game the likes of ED. Provided they can opt out of contending with the toxicity of griefers and PvP mindset gamers in general. So that's good news for ED given the Solo and PG mode options.
Finally, I'd love to take you up on a bet. I'd gift you the equivalent monetary Arx value of a brand new shiny 'Conda (or any ship of your choice) via the Frontier store. We just need to convince FDev a ganker perma banhammer policy would improve the game i.e. through a significant reduction of undesirable PvP gankers. To include those SDC wanabee n00b gankers who cLog that moment they realize a rebuy screen is imminent.
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![[PS4] Lorenzo Waringos](https://forums-cdn.zaonce.net/data/avatars/m/234/234580.jpg?1612617334){kind=avatar}
Sorry, I just can't resist. Please highlight the relevant part:
CHAPTER 3Digital content
What digital content contracts are covered?
33Contracts covered by this Chapter
(1)This Chapter applies to a contract for a trader to supply digital content to a consumer, if it is supplied or to be supplied for a price paid by the consumer.
(2)This Chapter also applies to a contract for a trader to supply digital content to a consumer, if—
(a)it is supplied free with goods or services or other digital content for which the consumer pays a price, and
(b)it is not generally available to consumers unless they have paid a price for it or for goods or services or other digital content.
(3)The references in subsections (1) and (2) to the consumer paying a price include references to the consumer using, by way of payment, any facility for which money has been paid.
(4)A trader does not supply digital content to a consumer for the purposes of this Part merely because the trader supplies a service by which digital content reaches the consumer.
(5)The Secretary of State may by order provide for this Chapter to apply to other contracts for a trader to supply digital content to a consumer, if the Secretary of State is satisfied that it is appropriate to do so because of significant detriment caused to consumers under contracts of the kind to which the order relates.
(6)An order under subsection (5)—
(a)may, in particular, amend this Act;
(b)may contain transitional or transitory provision or savings.
(7)A contract to which this Chapter applies is referred to in this Part as a “contract to supply digital content”.
(8)This section, other than subsection (4), does not limit the application of section 46.
(9)The power to make an order under subsection (5) is exercisable by statutory instrument.
(10)No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
What statutory rights are there under a digital content contract?
34Digital content to be of satisfactory quality
(1)Every contract to supply digital content is to be treated as including a term that the quality of the digital content is satisfactory.
(2)The quality of digital content is satisfactory if it meets the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the digital content,
(b)the price mentioned in section 33(1) or (2)(b) (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
(3)The quality of digital content includes its state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of digital content—
(a)fitness for all the purposes for which digital content of that kind is usually supplied;
(b)freedom from minor defects;
(c)safety;
(d)durability.
(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the digital content unsatisfactory—
(a)which is specifically drawn to the consumer’s attention before the contract is made,
(b)where the consumer examines the digital content before the contract is made, which that examination ought to reveal, or
(c)where the consumer examines a trial version before the contract is made, which would have been apparent on a reasonable examination of the trial version.
(5)The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the digital content made by the trader, the producer or any representative of the trader or the producer.
(6)That includes, in particular, any public statement made in advertising or labelling.
(7)But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—
(a)when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
(b)before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
(c)the consumer’s decision to contract for the digital content could not have been influenced by the statement.
(8)In a contract to supply digital content a term about the quality of the digital content may be treated as included as a matter of custom.
(9)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
35Digital content to be fit for particular purpose
(1)Subsection (3) applies to a contract to supply digital content if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.
(2)Subsection (3) also applies to a contract to supply digital content if—
(a)the digital content was previously sold by a credit-broker to the trader,
(b)the consideration or part of it is a sum payable by instalments, and
(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.
(3)The contract is to be treated as including a term that the digital content is reasonably fit for that purpose, whether or not that is a purpose for which digital content of that kind is usually supplied.
(4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.
(5)A contract to supply digital content may be treated as making provision about the fitness of the digital content for a particular purpose as a matter of custom.
(6)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
36Digital content to be as described
(1)Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader to the consumer.
(2)Where the consumer examines a trial version before the contract is made, it is not sufficient that the digital content matches (or is better than) the trial version if the digital content does not also match any description of it given by the trader to the consumer.
(3)Any information that is provided by the trader about the digital content that is information mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 (main characteristics, functionality and compatibility) to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.
(4)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(5)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
37Other pre-contract information included in contract
(1)This section applies to any contract to supply digital content.
(2)Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the digital content and mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 to the Regulations (main characteristics, functionality and compatibility) is to be treated as included as a term of the contract.
(3)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(4)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
38No other requirement to treat term about quality or fitness as included
(1)Except as provided by sections 34 and 35, a contract to supply digital content is not to be treated as including any term about the quality of the digital content or its fitness for any particular purpose, unless the term is expressly included in the contract.
(2)Subsection (1) is subject to provision made by any other enactment, whenever passed or made.
39Supply by transmission and facilities for continued transmission
(1)Subsection (2) applies where there is a contract to supply digital content and the consumer’s access to the content on a device requires its transmission to the device under arrangements initiated by the trader.
(2)For the purposes of this Chapter, the digital content is supplied—
(a)when the content reaches the device, or
(b)if earlier, when the content reaches another trader chosen by the consumer to supply, under a contract with the consumer, a service by which digital content reaches the device.
(3)Subsections (5) to (7) apply where—
(a)there is a contract to supply digital content, and
(b)after the trader (T) has supplied the digital content, the consumer is to have access under the contract to a processing facility under arrangements made by T.
(4)A processing facility is a facility by which T or another trader will receive digital content from the consumer and transmit digital content to the consumer (whether or not other features are to be included under the contract).
(5)The contract is to be treated as including a term that the processing facility (with any feature that the facility is to include under the contract) must be available to the consumer for a reasonable time, unless a time is specified in the contract.
(6)The following provisions apply to all digital content transmitted to the consumer on each occasion under the facility, while it is provided under the contract, as they apply to the digital content first supplied—
(a)section 34 (quality);
(b)section 35 (fitness for a particular purpose);
(c)section 36 (description).
(7)Breach of a term treated as included under subsection (5) has the same effect as breach of a term treated as included under those sections (see section 42).
40Quality, fitness and description of content supplied subject to modifications
(1)Where under a contract a trader supplies digital content to a consumer subject to the right of the trader or a third party to modify the digital content, the following provisions apply in relation to the digital content as modified as they apply in relation to the digital content as supplied under the contract—
(a)section 34 (quality);
(b)section 35 (fitness for a particular purpose);
(c)section 36 (description).
(2)Subsection (1)(c) does not prevent the trader from improving the features of, or adding new features to, the digital content, as long as—
(a)the digital content continues to match the description of it given by the trader to the consumer, and
(b)the digital content continues to conform to the information provided by the trader as mentioned in subsection (3) of section 36, subject to any change to that information that has been agreed in accordance with subsection (4) of that section.
(3)A claim on the grounds that digital content does not conform to a term described in any of the sections listed in subsection (1) as applied by that subsection is to be treated as arising at the time when the digital content was supplied under the contract and not the time when it is modified.
41Trader’s right to supply digital content
(1)Every contract to supply digital content is to be treated as including a term—
(a)in relation to any digital content which is supplied under the contract and which the consumer has paid for, that the trader has the right to supply that content to the consumer;
(b)in relation to any digital content which the trader agrees to supply under the contract and which the consumer has paid for, that the trader will have the right to supply it to the consumer at the time when it is to be supplied.
(2)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
What remedies are there if statutory rights under a digital content contract are not met?
42Consumer’s rights to enforce terms about digital content
(1)In this section and section 43 references to digital content conforming to a contract are references to the digital content conforming to the terms described in sections 34, 35 and 36.
(2)If the digital content does not conform to the contract, the consumer’s rights (and the provisions about them and when they are available) are—
(a)the right to repair or replacement (see section 43);
(b)the right to a price reduction (see section 44).
(3)Section 16 also applies if an item including the digital content is supplied.
(4)If the trader is in breach of a term that section 37 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid for the digital content or for any facility within section 33(3) used by the consumer.
(5)If the trader is in breach of the term that section 41(1) (right to supply the content) requires to be treated as included in the contract, the consumer has the right to a refund (see section 45 for provisions about that right and when it is available).
(6)This Chapter does not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (2), (4) or (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).
(7)Those other remedies include any of the following that is open to the consumer in the circumstances—
(a)claiming damages;
(b)seeking to recover money paid where the consideration for payment of the money has failed;
(c)seeking specific performance;
(d)seeking an order for specific implement;
(e)relying on the breach against a claim by the trader for the price.
(8)It is not open to the consumer to treat the contract as at an end for breach of a term to which any of subsections (2), (4) or (5) applies.
(9)For the purposes of subsection (2), digital content which does not conform to the contract at any time within the period of six months beginning with the day on which it was supplied must be taken not to have conformed to the contract when it was supplied.
(10)Subsection (9) does not apply if—
(a)it is established that the digital content did conform to the contract when it was supplied, or
(b)its application is incompatible with the nature of the digital content or with how it fails to conform to the contract.
43Right to repair or replacement
(1)This section applies if the consumer has the right to repair or replacement.
(2)If the consumer requires the trader to repair or replace the digital content, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer; and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The consumer cannot require the trader to repair or replace the digital content if that remedy (the repair or the replacement)—
(a)is impossible, or
(b)is disproportionate compared to the other of those remedies.
(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
(a)the value which the digital content would have if it conformed to the contract,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the consumer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the digital content, and
(b)the purpose for which the digital content was obtained or accessed.
(6)A consumer who requires or agrees to the repair of digital content cannot require the trader to replace it without giving the trader a reasonable time to repair it (unless giving the trader that time would cause significant inconvenience to the consumer).
(7)A consumer who requires or agrees to the replacement of digital content cannot require the trader to repair it without giving the trader a reasonable time to replace it (unless giving the trader that time would cause significant inconvenience to the consumer).
(8)In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.
44Right to price reduction
(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).
(2)The amount of the reduction may, where appropriate, be the full amount of the price.
(3)A consumer who has that right may only exercise it in one of these situations—
(a)because of section 43(3)(a) the consumer can require neither repair nor replacement of the digital content, or
(b)the consumer has required the trader to repair or replace the digital content, but the trader is in breach of the requirement of section 43(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.
(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(5)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.
(6)The trader must not impose any fee on the consumer in respect of the refund.
45Right to a refund
(1)The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject to subsection (2)).
(2)If the breach giving the consumer the right to a refund affects only some of the digital content supplied under the contract, the right to a refund does not extend to any part of the price attributable to digital content that is not affected by the breach.
(3)A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(4)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.
(5)The trader must not impose any fee on the consumer in respect of the refund.
Compensation for damage to device or to other digital content
46Remedy for damage to device or to other digital content
(1)This section applies if—
(a)a trader supplies digital content to a consumer under a contract,
(b)the digital content causes damage to a device or to other digital content,
(c)the device or digital content that is damaged belongs to the consumer, and
(d)the damage is of a kind that would not have occurred if the trader had exercised reasonable care and skill.
(2)If the consumer requires the trader to provide a remedy under this section, the trader must either—
(a)repair the damage in accordance with subsection (3), or
(b)compensate the consumer for the damage with an appropriate payment.
(3)To repair the damage in accordance with this subsection, the trader must—
(a)repair the damage within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in repairing the damage (including in particular the cost of any labour, materials or postage).
(4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the device or digital content that is damaged, and
(b)the purpose for which it is used by the consumer.
(5)A compensation payment under this section must be made without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to the payment.
(6)The trader must not impose any fee on the consumer in respect of the payment.
(7)A consumer with a right to a remedy under this section may bring a claim in civil proceedings to enforce that right.
(8)The Limitation Act 1980 and the Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (NI 11)) apply to a claim under this section as if it were an action founded on simple contract.
(9)The Prescription and Limitation (Scotland) Act 1973 applies to a right to a remedy under this section as if it were an obligation to which section 6 of that Act applies.
Can a trader contract out of statutory rights and remedies under a digital content contract?
47Liability that cannot be excluded or restricted
(1)A term of a contract to supply digital content is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under any of these provisions—
(a)section 34 (digital content to be of satisfactory quality),
(b)section 35 (digital content to be fit for particular purpose),
(c)section 36 (digital content to be as described),
(d)section 37 (other pre-contract information included in contract), or
(e)section 41 (trader’s right to supply digital content).
(2)That also means that a term of a contract to supply digital content is not binding on the consumer to the extent that it would—
(a)exclude or restrict a right or remedy in respect of a liability under a provision listed in subsection (1),
(b)make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
(c)allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy, or
(d)exclude or restrict rules of evidence or procedure.
(3)The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.
(4)An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.
(5)See Schedule 3 for provision about the enforcement of this section.
(6)For provision limiting the ability of a trader under a contract within section 46 to exclude or restrict the trader’s liability under that section, see section 62.
ELITE DANGEROUS EULA AND TERMS OF USE
Elite Dangerous End User Licence Agreement
IMPORTANT NOTICES:
If you buy, download, use, access, or play (“Use”) the Elite Dangerous client and/or server and/or launcher (the “Game”), you represent and warrant that (i) you are aware of the applicable age rating for the Game; (ii) you are old enough to play the Game, and (iii),you thereby and acknowledge and agree that you have read, understood, and agree to be bound by the terms of this End User Licence Agreement (the “EULA”) in full. The terms of this EULA include the “Privacy Policy” set out at https://store.elitedangerous.com/privacy-policy/ which is incorporated herein by reference. By accepting this EULA you are also agreeing to be bound by the terms and conditions of use and sale (the “Conditions of Use”) as detailed on the Frontier online store, (elitedangerous.com, frontier.co.uk, and zaonce.net).
If you do not agree to this EULA, then you must not Use the Game. If you are in the process of downloading the Game, you have the right to withdraw from the transaction without charge and for any reason prior to completing the download of the Game. However, you will lose the right to cancel the transaction once you begin to download the Game. If you have purchased the Game in CD or other physical format, you have the right to withdraw from the transaction without charge and for any reason within 14 days from the day on which you received the Game; provided that, where the Game was sealed upon delivery, you have not subsequently unsealed it. The above does not affect your rights in the event of the Game being defective.
Frontier Developments (“Frontier”, “we”, or “us”) reserves the right to modify, alter, amend, or update this EULA at any time in its sole discretion by posting an amended version at https://store.elitedangerous.com/ed-eula/. Any continued Use of the Game after Frontier posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.
Where a CD key or activation code is required to install this Game and/or to access any Online Features, Frontier is not responsible for reproducing or replacing such CD key or activation code, and it is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/activation codes will not be replaced by Frontier.
1. Acknowledgements
1.1 You accept responsibility in accordance with the terms of this EULA for Using the Game on or in relation to any device, whether or not it is owned by you. You shall obtain permission from the owner of any device that is controlled, but not owned, by you for Use of the Game. You and the owner of any device may be charged by your and their service providers for internet access on the devices.
1.2 The Game may contain links to other third-party websites. Such websites are not controlled by Frontier, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.
2. Grant and Scope of Licence
2.1 Subject to your compliance with the terms of this EULA, we grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited licence to use the Game. You are permitted to:
(a) load the Game into and Use it on a single device which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic Use;
(b) transfer the Game from one such device to another; provided the Game is Used on only one device at any one time and any device on which it is Used is under your custody and control at the time of Use.
2.2 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Frontier and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3. Licence Restrictions
You are not permitted:
(a) to load the Game on to a network server for the purposes of distribution to one or more other device(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;
(c) use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or defeat the purpose or experience of the Game;
(d) use any unauthorized software that harvests or otherwise collections information about others or the Game, including about a character or the game environment;
(e) use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;
(f) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;
(g) violate any technology control or export laws and regulations that apply to the technology used or supported by the Game or any Online Features.
4. Acceptable Use Restrictions
4.1 You may not use the Game or any Online Features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to hacking into, inserting malicious code (including viruses or harmful data) into the Game, any Online Features or any operating system.
4.2 You may not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Online Features to the extent that such use is not licensed by this EULA.
4.3 You may not transmit any material that is unlawful, defamatory or offensive in relation to your use of the Game or the Online Features.
4.4 You may not use the Game or any Online Features in a manner that could damage, disable, impair, overburden or compromise our systems or security or interfere with the experience of other users of the Game or any Online Feature.
4.5 You may not collect or harvest any information or data from the Game, the Online Features or our systems, and may not attempt to decipher any transmissions to or from the servers running the Game or Online Features.
5. Intellectual Property Rights
5.1 You acknowledge that all ownership rights, intellectual property, trade secret and all other proprietary rights in the Game and the Online Features (including, without limitation, any computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, musical compositions, dialogue, or any other content protected by US or international intellectual property protection laws) are owned or licensed by Frontier, that rights in the Game are licensed rather than sold to you (subject to the licence granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordance with the terms of this EULA.
5.2 You acknowledge that you shall acquire no proprietary rights in past or stored gameplay, Game progress, character or other achievements within the Game.
5.3 You acknowledge that you have no right to access the Game in source code form.
6. Fees and Payment
6.1 To Use the Game you are required to pay a fee. You may also be able to purchase items within the Game or through the Online Features in return for specific charges.
6.2 You will be informed of the applicable fee for Use of the Game immediately prior to purchase. The current fees for the Game may be viewed at http://store.elitedangerous.com. Failure to pay any fees or charges will constitute a material breach of this EULA. We may amend the fees and payment terms at any time at our sole and complete discretion.
6.3 We may, in our sole discretion, waive any and all fees associated with the download of the Game in connection with special offers or promotions.
7. Game Functionality; Epilepsy Warning
7.1 Online Features
7.1.1 The Game may allow certain online services operated by Frontier and/or its affiliates or third parties authorised on their behalf to be accessed, which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Game will be able to register or benefit from such services (including Online Features associated with the Game). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time, may be subject to suspension or withdrawal at any time and may be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.
7.2 Usage Data
7.2.1 We may from time to time during your Use of the Game collect information about your device, as specified in the Privacy Policy, which forms part of this EULA. This information may also include your Game ID, Game achievements, scores and performances, IP address, MAC address or other device ID, other device use information or other information and statistics regarding your usage of the Game. This information may be used not only to help you play the Game over the Internet (where the Game contains Online Features) but also to help us better understand how our customers are using the Game, their behaviour and preferences, so that we can improve our games and services in the future.
7.3 Communication and interaction with other users
7.3.1 The Game and/or Online Features may allow communications between users by means including but not limited to text and voice. When using such features you must use common sense and good manners, your behaviour, conduct and communications must be considerate to other users and you must not be directly or indirectly offensive, threatening, harassing or bullying to others or violate any applicable laws including but not limited to anti-discrimination legislation based on race, ethnicity, religion, gender or sexual orientation.
7.3.2 Frontier reserves the right, but not the obligation, to record, monitor and retain all or some of the communications described in clause 7.3.1 in order to safeguard other users and our community. You acknowledge that Frontier shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Game or the Online Features, including, but not limited to, content that violates any law or this EULA, the Privacy Policy, or any other applicable legal or contractual obligation.
7.3.3 By accepting these terms and conditions you hereby agree that any information collected as described in Clause 7.3.2 that is deemed to be illegal or to contravene the rights of Frontier, our employees, customers, or any other individual during Use of the Game or the Online Features may be reported to the police or other appropriate authorities, and; ii) agree to be bound by the Community Codes of Conduct for the Game, the latest version of which may be viewed here.
7.3.4 Frontier does not own the materials you provide to Frontier (including feedback and suggestions) or post, upload, input or submit via the Game or Online Features, and you may request deletion of any such materials at any time, unless such content has been shared with, or copied and stored by other users of the Game or Online Services. However, by posting, uploading, inputting, providing or submitting such content you are granting Frontier and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such content.
7.3.5 All content posted, uploaded, inputted, or submitted by you via the Game or any Online Feature is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
7.4 Patches and Updates
We may deploy or provide patches, updates and modifications to the Game that must be installed in order for you to continue to play the Game. We may update the Game remotely (including without limitation the Game client on your device), and you hereby grant us your consent to deploy and apply such patches, updates and modifications.
7.5 Epilepsy Warning
A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns. Such individuals may experience a seizure while watching certain images or playing a video game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game. If you experience any of the following symptoms while playing any video game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video game immediately and consult a medical professional.
8. Termination
8.1 Without prejudice to any other rights, Frontier may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Frontier’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination, including, without limitation Clauses 3-5, and 10-12.
8.2 The Online Features are provided over the internet as provided by Frontier. You acknowledge that the Online Features are provided by Frontier at its discretion and may be terminated or otherwise discontinued by Frontier at any time.
9. Limited Warranty and Support
9.1 The Game (along with any services provided by us in connection with it, including but not limited to the Online Features) is provided "as is" and without warranty of any kind, to the maximum extent permitted by law. You assume all risk associated with Using the Game or the Online Features.
9.2 To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied) including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. While we endeavour to ensure that the Online Features are available at most times, we do not guarantee that they will always be available, nor that they will not become unavailable while a user is Using the Game. The Online Features may become unavailable for reasons including but not limited to the performance of maintenance, the updating of software, emergency situations and equipment or network failures.
9.3 Without prejudice to the generality of the above, we do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game.
9.4 We do not warrant that the Game will operate on all devices and operating systems. It is your responsibility to refer to the minimum required technical specifications contained on the relevant product page required for effective Use of the Game and the Online Features.
9.5 If you require technical assistance, please contact our support team via https://support.elitedangerous.com. You will be responsible for all connection charges.
10. Limitation of Liability; Remedies
10.1 We only supply the Game (including the Online Features) for domestic and private use. You agree not to use the Game for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Game, even if we have been advised of the possibility of such damages.
10.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, subject to the limitations specified in clause 10.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable under this EULA if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted this EULA. Except as otherwise specified in this clause 10, in no event shall Frontier, our partners, our affiliates, or our respective licensors and suppliers be liable for any, indirect, punitive, incidental or special damages arising out of or in any way connected with any Use of the Game or the Online Features (including any delay or inability to Use the Game or the Online Features) including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses arising out of the Use of the Game or Online Features, whether based on contract, tort, strict liability or otherwise.
10.3 Notwithstanding clause 10.2, our maximum aggregate liability under, in connection with, ARISING OUT OF, OR RELATED TO this EULA or your use of the Game (including the Online Features), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Game. This does not apply to the types of loss set out in clause 10.4. Because Some Jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.
10.4 Nothing in this EULA shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
10.5 You understand that the Game may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.
10.6 If you breach or threaten to breach any provision in this EULA, you agree that Frontier shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Frontier shall be entitled to receive an injunction compelling specific performance by you of your obligations under this EULA without the necessity of posting any bond or other security.
11. Governing Law; Forum Selection
11.1 Subject to clauses 11.2 and 11.3 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of England whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this EULA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this EULA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required. You consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens.
11.2 In the case of any claim of dispute of any nature (including non-contractual dispute) arising our of or relating to any Use of the Game by a user physically located within the United States of America at the time of the Use of the Game giving rise to such claim or dispute, clause 11.1 shall not apply and this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the state of Nevada not including its conflict of law principles. Each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the courts located in the state of Nevada, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam.
11.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
12. Miscellaneous
12.1 We may transfer our rights and obligations under this EULA to another entity, but this will not affect your rights or obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.2 Each of the provisions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remainder of the EULA will remain in full force and effect.
12.3 In the event of a conflict between the terms of this EULA and the Conditions of Use, the provisions of this EULA shall prevail.
12.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.5 If you acquired or Use this Game in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
12.6 This EULA constitutes the entire agreement between Frontier and you with respect to the license and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of Frontier.
What digital content contracts are covered?
33Contracts covered by this Chapter
(1)This Chapter applies to a contract for a trader to supply digital content to a consumer, if it is supplied or to be supplied for a price paid by the consumer.
(2)This Chapter also applies to a contract for a trader to supply digital content to a consumer, if—
(a)it is supplied free with goods or services or other digital content for which the consumer pays a price, and
(b)it is not generally available to consumers unless they have paid a price for it or for goods or services or other digital content.
(3)The references in subsections (1) and (2) to the consumer paying a price include references to the consumer using, by way of payment, any facility for which money has been paid.
(4)A trader does not supply digital content to a consumer for the purposes of this Part merely because the trader supplies a service by which digital content reaches the consumer.
(5)The Secretary of State may by order provide for this Chapter to apply to other contracts for a trader to supply digital content to a consumer, if the Secretary of State is satisfied that it is appropriate to do so because of significant detriment caused to consumers under contracts of the kind to which the order relates.
(6)An order under subsection (5)—
(a)may, in particular, amend this Act;
(b)may contain transitional or transitory provision or savings.
(7)A contract to which this Chapter applies is referred to in this Part as a “contract to supply digital content”.
(8)This section, other than subsection (4), does not limit the application of section 46.
(9)The power to make an order under subsection (5) is exercisable by statutory instrument.
(10)No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
What statutory rights are there under a digital content contract?
34Digital content to be of satisfactory quality
(1)Every contract to supply digital content is to be treated as including a term that the quality of the digital content is satisfactory.
(2)The quality of digital content is satisfactory if it meets the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the digital content,
(b)the price mentioned in section 33(1) or (2)(b) (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
(3)The quality of digital content includes its state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of digital content—
(a)fitness for all the purposes for which digital content of that kind is usually supplied;
(b)freedom from minor defects;
(c)safety;
(d)durability.
(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the digital content unsatisfactory—
(a)which is specifically drawn to the consumer’s attention before the contract is made,
(b)where the consumer examines the digital content before the contract is made, which that examination ought to reveal, or
(c)where the consumer examines a trial version before the contract is made, which would have been apparent on a reasonable examination of the trial version.
(5)The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the digital content made by the trader, the producer or any representative of the trader or the producer.
(6)That includes, in particular, any public statement made in advertising or labelling.
(7)But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—
(a)when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
(b)before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
(c)the consumer’s decision to contract for the digital content could not have been influenced by the statement.
(8)In a contract to supply digital content a term about the quality of the digital content may be treated as included as a matter of custom.
(9)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
35Digital content to be fit for particular purpose
(1)Subsection (3) applies to a contract to supply digital content if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.
(2)Subsection (3) also applies to a contract to supply digital content if—
(a)the digital content was previously sold by a credit-broker to the trader,
(b)the consideration or part of it is a sum payable by instalments, and
(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.
(3)The contract is to be treated as including a term that the digital content is reasonably fit for that purpose, whether or not that is a purpose for which digital content of that kind is usually supplied.
(4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.
(5)A contract to supply digital content may be treated as making provision about the fitness of the digital content for a particular purpose as a matter of custom.
(6)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
36Digital content to be as described
(1)Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader to the consumer.
(2)Where the consumer examines a trial version before the contract is made, it is not sufficient that the digital content matches (or is better than) the trial version if the digital content does not also match any description of it given by the trader to the consumer.
(3)Any information that is provided by the trader about the digital content that is information mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 (main characteristics, functionality and compatibility) to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.
(4)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(5)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
37Other pre-contract information included in contract
(1)This section applies to any contract to supply digital content.
(2)Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the digital content and mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 to the Regulations (main characteristics, functionality and compatibility) is to be treated as included as a term of the contract.
(3)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(4)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
38No other requirement to treat term about quality or fitness as included
(1)Except as provided by sections 34 and 35, a contract to supply digital content is not to be treated as including any term about the quality of the digital content or its fitness for any particular purpose, unless the term is expressly included in the contract.
(2)Subsection (1) is subject to provision made by any other enactment, whenever passed or made.
39Supply by transmission and facilities for continued transmission
(1)Subsection (2) applies where there is a contract to supply digital content and the consumer’s access to the content on a device requires its transmission to the device under arrangements initiated by the trader.
(2)For the purposes of this Chapter, the digital content is supplied—
(a)when the content reaches the device, or
(b)if earlier, when the content reaches another trader chosen by the consumer to supply, under a contract with the consumer, a service by which digital content reaches the device.
(3)Subsections (5) to (7) apply where—
(a)there is a contract to supply digital content, and
(b)after the trader (T) has supplied the digital content, the consumer is to have access under the contract to a processing facility under arrangements made by T.
(4)A processing facility is a facility by which T or another trader will receive digital content from the consumer and transmit digital content to the consumer (whether or not other features are to be included under the contract).
(5)The contract is to be treated as including a term that the processing facility (with any feature that the facility is to include under the contract) must be available to the consumer for a reasonable time, unless a time is specified in the contract.
(6)The following provisions apply to all digital content transmitted to the consumer on each occasion under the facility, while it is provided under the contract, as they apply to the digital content first supplied—
(a)section 34 (quality);
(b)section 35 (fitness for a particular purpose);
(c)section 36 (description).
(7)Breach of a term treated as included under subsection (5) has the same effect as breach of a term treated as included under those sections (see section 42).
40Quality, fitness and description of content supplied subject to modifications
(1)Where under a contract a trader supplies digital content to a consumer subject to the right of the trader or a third party to modify the digital content, the following provisions apply in relation to the digital content as modified as they apply in relation to the digital content as supplied under the contract—
(a)section 34 (quality);
(b)section 35 (fitness for a particular purpose);
(c)section 36 (description).
(2)Subsection (1)(c) does not prevent the trader from improving the features of, or adding new features to, the digital content, as long as—
(a)the digital content continues to match the description of it given by the trader to the consumer, and
(b)the digital content continues to conform to the information provided by the trader as mentioned in subsection (3) of section 36, subject to any change to that information that has been agreed in accordance with subsection (4) of that section.
(3)A claim on the grounds that digital content does not conform to a term described in any of the sections listed in subsection (1) as applied by that subsection is to be treated as arising at the time when the digital content was supplied under the contract and not the time when it is modified.
41Trader’s right to supply digital content
(1)Every contract to supply digital content is to be treated as including a term—
(a)in relation to any digital content which is supplied under the contract and which the consumer has paid for, that the trader has the right to supply that content to the consumer;
(b)in relation to any digital content which the trader agrees to supply under the contract and which the consumer has paid for, that the trader will have the right to supply it to the consumer at the time when it is to be supplied.
(2)See section 42 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
What remedies are there if statutory rights under a digital content contract are not met?
42Consumer’s rights to enforce terms about digital content
(1)In this section and section 43 references to digital content conforming to a contract are references to the digital content conforming to the terms described in sections 34, 35 and 36.
(2)If the digital content does not conform to the contract, the consumer’s rights (and the provisions about them and when they are available) are—
(a)the right to repair or replacement (see section 43);
(b)the right to a price reduction (see section 44).
(3)Section 16 also applies if an item including the digital content is supplied.
(4)If the trader is in breach of a term that section 37 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid for the digital content or for any facility within section 33(3) used by the consumer.
(5)If the trader is in breach of the term that section 41(1) (right to supply the content) requires to be treated as included in the contract, the consumer has the right to a refund (see section 45 for provisions about that right and when it is available).
(6)This Chapter does not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (2), (4) or (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).
(7)Those other remedies include any of the following that is open to the consumer in the circumstances—
(a)claiming damages;
(b)seeking to recover money paid where the consideration for payment of the money has failed;
(c)seeking specific performance;
(d)seeking an order for specific implement;
(e)relying on the breach against a claim by the trader for the price.
(8)It is not open to the consumer to treat the contract as at an end for breach of a term to which any of subsections (2), (4) or (5) applies.
(9)For the purposes of subsection (2), digital content which does not conform to the contract at any time within the period of six months beginning with the day on which it was supplied must be taken not to have conformed to the contract when it was supplied.
(10)Subsection (9) does not apply if—
(a)it is established that the digital content did conform to the contract when it was supplied, or
(b)its application is incompatible with the nature of the digital content or with how it fails to conform to the contract.
43Right to repair or replacement
(1)This section applies if the consumer has the right to repair or replacement.
(2)If the consumer requires the trader to repair or replace the digital content, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer; and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The consumer cannot require the trader to repair or replace the digital content if that remedy (the repair or the replacement)—
(a)is impossible, or
(b)is disproportionate compared to the other of those remedies.
(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
(a)the value which the digital content would have if it conformed to the contract,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the consumer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the digital content, and
(b)the purpose for which the digital content was obtained or accessed.
(6)A consumer who requires or agrees to the repair of digital content cannot require the trader to replace it without giving the trader a reasonable time to repair it (unless giving the trader that time would cause significant inconvenience to the consumer).
(7)A consumer who requires or agrees to the replacement of digital content cannot require the trader to repair it without giving the trader a reasonable time to replace it (unless giving the trader that time would cause significant inconvenience to the consumer).
(8)In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.
44Right to price reduction
(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).
(2)The amount of the reduction may, where appropriate, be the full amount of the price.
(3)A consumer who has that right may only exercise it in one of these situations—
(a)because of section 43(3)(a) the consumer can require neither repair nor replacement of the digital content, or
(b)the consumer has required the trader to repair or replace the digital content, but the trader is in breach of the requirement of section 43(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.
(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(5)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.
(6)The trader must not impose any fee on the consumer in respect of the refund.
45Right to a refund
(1)The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject to subsection (2)).
(2)If the breach giving the consumer the right to a refund affects only some of the digital content supplied under the contract, the right to a refund does not extend to any part of the price attributable to digital content that is not affected by the breach.
(3)A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(4)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.
(5)The trader must not impose any fee on the consumer in respect of the refund.
Compensation for damage to device or to other digital content
46Remedy for damage to device or to other digital content
(1)This section applies if—
(a)a trader supplies digital content to a consumer under a contract,
(b)the digital content causes damage to a device or to other digital content,
(c)the device or digital content that is damaged belongs to the consumer, and
(d)the damage is of a kind that would not have occurred if the trader had exercised reasonable care and skill.
(2)If the consumer requires the trader to provide a remedy under this section, the trader must either—
(a)repair the damage in accordance with subsection (3), or
(b)compensate the consumer for the damage with an appropriate payment.
(3)To repair the damage in accordance with this subsection, the trader must—
(a)repair the damage within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in repairing the damage (including in particular the cost of any labour, materials or postage).
(4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the device or digital content that is damaged, and
(b)the purpose for which it is used by the consumer.
(5)A compensation payment under this section must be made without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to the payment.
(6)The trader must not impose any fee on the consumer in respect of the payment.
(7)A consumer with a right to a remedy under this section may bring a claim in civil proceedings to enforce that right.
(8)The Limitation Act 1980 and the Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (NI 11)) apply to a claim under this section as if it were an action founded on simple contract.
(9)The Prescription and Limitation (Scotland) Act 1973 applies to a right to a remedy under this section as if it were an obligation to which section 6 of that Act applies.
Can a trader contract out of statutory rights and remedies under a digital content contract?
47Liability that cannot be excluded or restricted
(1)A term of a contract to supply digital content is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under any of these provisions—
(a)section 34 (digital content to be of satisfactory quality),
(b)section 35 (digital content to be fit for particular purpose),
(c)section 36 (digital content to be as described),
(d)section 37 (other pre-contract information included in contract), or
(e)section 41 (trader’s right to supply digital content).
(2)That also means that a term of a contract to supply digital content is not binding on the consumer to the extent that it would—
(a)exclude or restrict a right or remedy in respect of a liability under a provision listed in subsection (1),
(b)make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
(c)allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy, or
(d)exclude or restrict rules of evidence or procedure.
(3)The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.
(4)An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.
(5)See Schedule 3 for provision about the enforcement of this section.
(6)For provision limiting the ability of a trader under a contract within section 46 to exclude or restrict the trader’s liability under that section, see section 62.
ELITE DANGEROUS EULA AND TERMS OF USE
Elite Dangerous End User Licence Agreement
IMPORTANT NOTICES:
If you buy, download, use, access, or play (“Use”) the Elite Dangerous client and/or server and/or launcher (the “Game”), you represent and warrant that (i) you are aware of the applicable age rating for the Game; (ii) you are old enough to play the Game, and (iii),you thereby and acknowledge and agree that you have read, understood, and agree to be bound by the terms of this End User Licence Agreement (the “EULA”) in full. The terms of this EULA include the “Privacy Policy” set out at https://store.elitedangerous.com/privacy-policy/ which is incorporated herein by reference. By accepting this EULA you are also agreeing to be bound by the terms and conditions of use and sale (the “Conditions of Use”) as detailed on the Frontier online store, (elitedangerous.com, frontier.co.uk, and zaonce.net).
If you do not agree to this EULA, then you must not Use the Game. If you are in the process of downloading the Game, you have the right to withdraw from the transaction without charge and for any reason prior to completing the download of the Game. However, you will lose the right to cancel the transaction once you begin to download the Game. If you have purchased the Game in CD or other physical format, you have the right to withdraw from the transaction without charge and for any reason within 14 days from the day on which you received the Game; provided that, where the Game was sealed upon delivery, you have not subsequently unsealed it. The above does not affect your rights in the event of the Game being defective.
Frontier Developments (“Frontier”, “we”, or “us”) reserves the right to modify, alter, amend, or update this EULA at any time in its sole discretion by posting an amended version at https://store.elitedangerous.com/ed-eula/. Any continued Use of the Game after Frontier posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.
Where a CD key or activation code is required to install this Game and/or to access any Online Features, Frontier is not responsible for reproducing or replacing such CD key or activation code, and it is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/activation codes will not be replaced by Frontier.
1. Acknowledgements
1.1 You accept responsibility in accordance with the terms of this EULA for Using the Game on or in relation to any device, whether or not it is owned by you. You shall obtain permission from the owner of any device that is controlled, but not owned, by you for Use of the Game. You and the owner of any device may be charged by your and their service providers for internet access on the devices.
1.2 The Game may contain links to other third-party websites. Such websites are not controlled by Frontier, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.
2. Grant and Scope of Licence
2.1 Subject to your compliance with the terms of this EULA, we grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited licence to use the Game. You are permitted to:
(a) load the Game into and Use it on a single device which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic Use;
(b) transfer the Game from one such device to another; provided the Game is Used on only one device at any one time and any device on which it is Used is under your custody and control at the time of Use.
2.2 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Frontier and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3. Licence Restrictions
You are not permitted:
(a) to load the Game on to a network server for the purposes of distribution to one or more other device(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;
(c) use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or defeat the purpose or experience of the Game;
(d) use any unauthorized software that harvests or otherwise collections information about others or the Game, including about a character or the game environment;
(e) use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;
(f) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;
(g) violate any technology control or export laws and regulations that apply to the technology used or supported by the Game or any Online Features.
4. Acceptable Use Restrictions
4.1 You may not use the Game or any Online Features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to hacking into, inserting malicious code (including viruses or harmful data) into the Game, any Online Features or any operating system.
4.2 You may not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Online Features to the extent that such use is not licensed by this EULA.
4.3 You may not transmit any material that is unlawful, defamatory or offensive in relation to your use of the Game or the Online Features.
4.4 You may not use the Game or any Online Features in a manner that could damage, disable, impair, overburden or compromise our systems or security or interfere with the experience of other users of the Game or any Online Feature.
4.5 You may not collect or harvest any information or data from the Game, the Online Features or our systems, and may not attempt to decipher any transmissions to or from the servers running the Game or Online Features.
5. Intellectual Property Rights
5.1 You acknowledge that all ownership rights, intellectual property, trade secret and all other proprietary rights in the Game and the Online Features (including, without limitation, any computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, musical compositions, dialogue, or any other content protected by US or international intellectual property protection laws) are owned or licensed by Frontier, that rights in the Game are licensed rather than sold to you (subject to the licence granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordance with the terms of this EULA.
5.2 You acknowledge that you shall acquire no proprietary rights in past or stored gameplay, Game progress, character or other achievements within the Game.
5.3 You acknowledge that you have no right to access the Game in source code form.
6. Fees and Payment
6.1 To Use the Game you are required to pay a fee. You may also be able to purchase items within the Game or through the Online Features in return for specific charges.
6.2 You will be informed of the applicable fee for Use of the Game immediately prior to purchase. The current fees for the Game may be viewed at http://store.elitedangerous.com. Failure to pay any fees or charges will constitute a material breach of this EULA. We may amend the fees and payment terms at any time at our sole and complete discretion.
6.3 We may, in our sole discretion, waive any and all fees associated with the download of the Game in connection with special offers or promotions.
7. Game Functionality; Epilepsy Warning
7.1 Online Features
7.1.1 The Game may allow certain online services operated by Frontier and/or its affiliates or third parties authorised on their behalf to be accessed, which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Game will be able to register or benefit from such services (including Online Features associated with the Game). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time, may be subject to suspension or withdrawal at any time and may be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.
7.2 Usage Data
7.2.1 We may from time to time during your Use of the Game collect information about your device, as specified in the Privacy Policy, which forms part of this EULA. This information may also include your Game ID, Game achievements, scores and performances, IP address, MAC address or other device ID, other device use information or other information and statistics regarding your usage of the Game. This information may be used not only to help you play the Game over the Internet (where the Game contains Online Features) but also to help us better understand how our customers are using the Game, their behaviour and preferences, so that we can improve our games and services in the future.
7.3 Communication and interaction with other users
7.3.1 The Game and/or Online Features may allow communications between users by means including but not limited to text and voice. When using such features you must use common sense and good manners, your behaviour, conduct and communications must be considerate to other users and you must not be directly or indirectly offensive, threatening, harassing or bullying to others or violate any applicable laws including but not limited to anti-discrimination legislation based on race, ethnicity, religion, gender or sexual orientation.
7.3.2 Frontier reserves the right, but not the obligation, to record, monitor and retain all or some of the communications described in clause 7.3.1 in order to safeguard other users and our community. You acknowledge that Frontier shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Game or the Online Features, including, but not limited to, content that violates any law or this EULA, the Privacy Policy, or any other applicable legal or contractual obligation.
7.3.3 By accepting these terms and conditions you hereby agree that any information collected as described in Clause 7.3.2 that is deemed to be illegal or to contravene the rights of Frontier, our employees, customers, or any other individual during Use of the Game or the Online Features may be reported to the police or other appropriate authorities, and; ii) agree to be bound by the Community Codes of Conduct for the Game, the latest version of which may be viewed here.
7.3.4 Frontier does not own the materials you provide to Frontier (including feedback and suggestions) or post, upload, input or submit via the Game or Online Features, and you may request deletion of any such materials at any time, unless such content has been shared with, or copied and stored by other users of the Game or Online Services. However, by posting, uploading, inputting, providing or submitting such content you are granting Frontier and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such content.
7.3.5 All content posted, uploaded, inputted, or submitted by you via the Game or any Online Feature is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
7.4 Patches and Updates
We may deploy or provide patches, updates and modifications to the Game that must be installed in order for you to continue to play the Game. We may update the Game remotely (including without limitation the Game client on your device), and you hereby grant us your consent to deploy and apply such patches, updates and modifications.
7.5 Epilepsy Warning
A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns. Such individuals may experience a seizure while watching certain images or playing a video game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game. If you experience any of the following symptoms while playing any video game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video game immediately and consult a medical professional.
8. Termination
8.1 Without prejudice to any other rights, Frontier may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights granted to you under this EULA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Frontier’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination, including, without limitation Clauses 3-5, and 10-12.
8.2 The Online Features are provided over the internet as provided by Frontier. You acknowledge that the Online Features are provided by Frontier at its discretion and may be terminated or otherwise discontinued by Frontier at any time.
9. Limited Warranty and Support
9.1 The Game (along with any services provided by us in connection with it, including but not limited to the Online Features) is provided "as is" and without warranty of any kind, to the maximum extent permitted by law. You assume all risk associated with Using the Game or the Online Features.
9.2 To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied) including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. While we endeavour to ensure that the Online Features are available at most times, we do not guarantee that they will always be available, nor that they will not become unavailable while a user is Using the Game. The Online Features may become unavailable for reasons including but not limited to the performance of maintenance, the updating of software, emergency situations and equipment or network failures.
9.3 Without prejudice to the generality of the above, we do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game.
9.4 We do not warrant that the Game will operate on all devices and operating systems. It is your responsibility to refer to the minimum required technical specifications contained on the relevant product page required for effective Use of the Game and the Online Features.
9.5 If you require technical assistance, please contact our support team via https://support.elitedangerous.com. You will be responsible for all connection charges.
10. Limitation of Liability; Remedies
10.1 We only supply the Game (including the Online Features) for domestic and private use. You agree not to use the Game for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Game, even if we have been advised of the possibility of such damages.
10.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, subject to the limitations specified in clause 10.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable under this EULA if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted this EULA. Except as otherwise specified in this clause 10, in no event shall Frontier, our partners, our affiliates, or our respective licensors and suppliers be liable for any, indirect, punitive, incidental or special damages arising out of or in any way connected with any Use of the Game or the Online Features (including any delay or inability to Use the Game or the Online Features) including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses arising out of the Use of the Game or Online Features, whether based on contract, tort, strict liability or otherwise.
10.3 Notwithstanding clause 10.2, our maximum aggregate liability under, in connection with, ARISING OUT OF, OR RELATED TO this EULA or your use of the Game (including the Online Features), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Game. This does not apply to the types of loss set out in clause 10.4. Because Some Jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.
10.4 Nothing in this EULA shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
10.5 You understand that the Game may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.
10.6 If you breach or threaten to breach any provision in this EULA, you agree that Frontier shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Frontier shall be entitled to receive an injunction compelling specific performance by you of your obligations under this EULA without the necessity of posting any bond or other security.
11. Governing Law; Forum Selection
11.1 Subject to clauses 11.2 and 11.3 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of England whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this EULA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this EULA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required. You consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens.
11.2 In the case of any claim of dispute of any nature (including non-contractual dispute) arising our of or relating to any Use of the Game by a user physically located within the United States of America at the time of the Use of the Game giving rise to such claim or dispute, clause 11.1 shall not apply and this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the state of Nevada not including its conflict of law principles. Each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the courts located in the state of Nevada, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam.
11.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
12. Miscellaneous
12.1 We may transfer our rights and obligations under this EULA to another entity, but this will not affect your rights or obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.2 Each of the provisions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remainder of the EULA will remain in full force and effect.
12.3 In the event of a conflict between the terms of this EULA and the Conditions of Use, the provisions of this EULA shall prevail.
12.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.5 If you acquired or Use this Game in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
12.6 This EULA constitutes the entire agreement between Frontier and you with respect to the license and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of Frontier.