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Old 28th September 2011, 07:41 AM   #1
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Post PC Gamer Digital Beta - U.S. License Agreement - Steam

PC Gamer Digital Beta - U.S. License Agreement - Steam

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PC Gamer Digital Beta
U.S. License Agreement - Steam


Last revised July 27, 2011


Non-Disclosure. By downloading, installing or using this pre-release version of this software and related materials provided pursuant to this Agreement (“Beta Software”), you agree not to disclose or share any information about or content from the Beta Software with any third party by any means, including, but not limited to, sharing through any social media service, posting on any website, or through oral, written, or electronic communication with third parties.


You are participating in a limited, pre-release distribution of proprietary software (“Beta Test”). In consideration of the agreement of Future US, Inc. (“Licensor”) to allow you to participate in this pre-release distribution, you agree to be bound by this PC Gamer Digital Beta U.S. License Agreement – Steam (“Agreement”).


License and Terms of Use. Your use of the Beta Software is governed by the terms of this Agreement, the PC Gamer Digital U.S. License Agreement - Steam, Terms of Use, and Limited Software Warranty below, and any applicable legal terms relating to your purchase and download of the product as implemented by Valve Corporation in relation to their Steam distribution platform, posted through http://valvesoftware.com and http://store.steampowered.com. By downloading, installing, or using the Software you agree to be bound by these agreements and terms.


Eligibility. Your eligibility to participate in this Beta Test is subject to the following restrictions: (i) you must have registered and you must maintain a Steam user account in good standing; (ii) you must have reviewed and agreed to this Agreement and the PC Gamer Digital U.S. License Agreement - Steam, Terms of Use, and Limited Software Warranty below; and (iii) you must be an adult residing in the United States. Licensor reserves the right to institute additional eligibility requirements during the Beta Test.


Limited License. You may use the Beta Software in accordance with the license provided by this Agreement and the PC Gamer U.S. License Agreement - Steam, Terms of Use, and Limited Software Warranty below. The Beta Software may be used only by individuals designated by Licensor, and solely for the purpose of testing the Beta Software in accordance with the terms of this Agreement.


Termination. Your use of the Beta Software is all times subject to your meeting the eligibility requirements set forth in Section 2 above, and your continuing compliance with this Agreement. Your use of the Beta Software shall be limited to the term of the Beta Test, which will last until terminated by Licensor in its sole and absolute discretion. Licensor may terminate this Agreement at any time, and this Agreement will terminate automatically upon the termination of the Beta Test. Upon termination of the Agreement, the license granted hereunder is automatically revoked, you must destroy the Beta Software and all documents and materials you received from Licensor in connection with the Beta Test, and you must remove any elements of the Beta Software from any disks, drives, or other media on which the Beta Software has been installed or is otherwise stored.


Feedback. At the termination of the Beta Test, and during the term of the Beta Test as requested by Licensor, you agree to provide Licensor with comments, suggestions and impressions of the Beta Software by completing a survey to be posted at a URL to be provided.


Changes to the Agreement. Licensor reserves the right to revise this Agreement at any time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using and destroy the Beta Software. Your continued use of the Beta Software following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Licensor may change, modify, suspend, or discontinue any aspect of the Beta Software at any time. Licensor may also impose limits on certain features or restrict your access to all or part of the Beta Software without notice or liability.


Acknowledgements. You acknowledge and agree that: (i) the Beta Software is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system, and for that reason, you agree to back-up your computer prior to installation of the Software; (ii) Licensor is not liable in any way for loss or damage to data, software, or computer hardware caused by the Beta Software; and (iii) Licensor may delete or modify the information stored by or in connection with the Beta Software for any reason at any time during or immediately following the Beta period.


PC Gamer Digital
U.S. License Agreement - Steam, Terms of Use and Limited Software Warranty


Last revised July 27, 2011


THIS SOFTWARE IS LICENSED, NOT SOLD. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, TERMS OF USE AND LIMITED SOFTWARE WARRANTY (THE "AGREEMENT") AND THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE. This document may be updated from time to time. Your continued use of this Software thirty (30) days after a revised version has been posted constitutes acceptance by you of its terms. The "Software" includes all software, media files, interactive guides, and other files, electronic or on-line materials, or documentation included with this Agreement, and any and all copies of such Software and related materials.


LICENSE AND TERMS OF USE


License. Subject to this Agreement and its terms and conditions, Future US, Inc. (“Licensor”) hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for personal, non-commercial purposes. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you download, install or otherwise use the Software, and ends on the earlier date of either your disposal of the Software or Licensor’s termination of this Agreement. Your license terminates immediately if you violate any term of this Agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned. This Agreement is not and may not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.


Ownership. Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights, except to the extent that such rights, title, or interest are subject to prior ownership by a third party. The Software is protected by United States copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Software without Licensor’s consent will be willfully violating copyright laws and may be subject to civil and criminal penalties in the US or their local country. Be advised that U.S. Copyright violations are subject to statutory penalties of up to $150,000 per violation. The Software contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.


Use of the Software. By installing or using this software, you agree not to:



Commercially exploit the Software;

Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor;

Make a copy of the Software or any part thereof;

Make a copy of this Software available on a network for use or download by multiple users;

Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;

Remove or circumvent or attempt to remove or circumvent any copy-protection or digital rights management features of the Software, or allow others to do the same;

Share the Software or any portion thereof with any third party;

Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part;

Remove or modify any proprietary notices, marks or labels contained on or within the Software;

Transport, export, or re-export (directly or indirectly) the Software into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations, or otherwise violate such laws or regulations; or

Resell your copy of the Software, independently or as part of any computer or gaming unit.


Eligibility; Authorized Users. You must be at least the applicable legal age to form a legally binding contract and reside in the United States in order to access or use the Software. If you are not of legal age, your parent or guardian must accept this Agreement. By downloading, installing, or using the Software, you or your parent or guardian represent that you are of legal age to form a binding agreement, or that your parent or guardian has accepted this Agreement on your behalf. The Software may only be installed or used by the owner of the Steam account used to purchase the software; or, in the event that the Software was purchased as a gift, only by the gift recipient.


Certain content displayed through the Software may bear rating symbols as promulgated by the Entertainment Software Rating Board (ESRB). Descriptions of the ratings system can be viewed here: http://www.esrb.org/ratings/ratings_guide.jsp. You agree that you will not view or use any content that is designated by the ESRB to be inappropriate for your age, or the age of any other person viewing the content.


Steam Platform. In order to access and use the Software, you must have an active account on the Steam game distribution platform. The Software may only be purchased through the Steam Store, located at http://store.steampowered.com/.


Use of the Steam platform is subject to the terms and policies of Valve Corporation, which can be viewed at:



Privacy Policy – http://www.valvesoftware.com/privacy.html

Steam Subscriber Agreement – http://store.steampowered.com/subscriber_agreement

Valve Legal Info – http://www.valvesoftware.com/legal.html


It is your sole responsibility to be aware of and comply with any terms set forth by Valve for the use of its Steam platform. Violation of the Steam Subscriber Agreement or any other terms of use set forth by Valve with respect to Steam could result in the loss of your ability to access or use the Software. In case of any conflict between the terms and policies of Valve Corporation and this Agreement in connection with the Software, the terms of this Agreement shall govern.


Licensor bears no responsibility for any harm resulting from your use of the Steam platform or Steam user accounts, and you agree not to assert any claim against Licensor arising from or relating to your use of the Steam platform or accounts. Licensor does not provide any support, maintenance, upgrades, or modifications for the Steam platform or accounts.


Payments. All payments for purchase of the Software are made through the Steam store at http://store.steampowered.com, and are governed by the Steam Subscriber Agreement at http://store.steampowered.com/subscriber_agreement. Licensor makes no representations regarding and bears no responsibility with respect to the processing of payments through the Steam store. For any issues or questions relating to payments, contact Valve Corporation directly.


Rules and Conduct. You are responsible for your use of the Software, and for any use of the Software made using your copy of the Software. Users of the Software must abide by certain rules of conduct in order to allow for the enjoyment of the Software by all of its users. When you use the Software, you may not:



violate or infringe the intellectual property, privacy, publicity, or other legal rights of any third party;

communicate anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

send unsolicited or unauthorized advertising, promotional, or commercial communications, or conduct commercial activities and/or sales such as contests, sweepstakes, barter, advertising, promotional offers, or pyramid schemes;

transmit any malicious or unsolicited software, or any website links to such software;

stalk, harass, or harm another individual;

impersonate or misrepresent your identity or affiliation with a third party;

share with any third-party your username, password, or any access control information used to gain access to or use the Software;

interfere with or disrupt the Software; or

collect or harvest any personally identifiable information from the Software.


Licensor reserves the right to terminate access to the Software for any user who violates these Terms of Use, and/or to remove, delete, or prevent the display of any comments or other content posted by any user in violation of these Terms of Use.


Graphics. The Software may display content that is identified as resulting from particular graphics, sound, or other hardware, peripherals, or settings. Every computer, monitor, speaker system, and peripherals generates and enables content and functionality differently, and Licensor makes no representations that the graphics displayed, sounds generated, or speed or functionality enabled in its content will be equivalent on any given user's computer. You should not rely on the Software when making decisions regarding graphics, sound, or other hardware, peripherals, or settings, and doing so will be at your own risk.


Technical Protections. The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly and your license to the Software will automatically terminate.


Modifications to the Software; Termination. Updates, enhancements, and upgrades to the Software may be made available to you periodically. Licensor shall have the right at any time to disable, modify, or discontinue, temporarily or permanently, the Software (or any part thereof), with or without notice. If the Software is discontinued, License may, but is not required to, provide alternative software or services that are, in Licensor’s sole discretion, of equivalent value. Without limiting the foregoing, Licensor may terminate your access to all or any part of the Software at any time, with or without cause.


User Created Content. The Software may allow you to create content or feedback, including but not limited to comments, "likes," or voting (“User Created Content”). You own your User Created Content; provided, however, that in exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright or publicity interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Created Content in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means now known or hereafter discovered, and to distribute your User Created Content without any further notice or compensation to you of any kind for the duration of all applicable intellectual property rights granted by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of your User Created Content in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this Agreement.


While using the Software, you may be able to view User Created Content of other users of the Software. Licensor bears no responsibility for the content of such User Created Content, and makes no representations regarding its relevance or suitability for any purpose. If another user is violating this Agreement by posting content prohibited by the Rules and Conduct section above, that user can be reported using the “feedback” button.


Other Content or Service. Through your use of the Software, you may be able to access content or services provided through, or in connection with the Software, by third parties other than Licensor, including, without limitation, video or other interactive content. You understand and agree that you will not obtain, as a result of your use of the Software, any right, title, or interest in or to such other content or service delivered via the Software or in any intellectual property rights (including, without limitation, any copyrights or trademark rights) in and to such other content or service. You understand and agree that such other content or service shall be the responsibility of the entity that originated, provided, delivered, offered, sold, supplied, promoted, sponsored or advertised such other content or service, and shall not be the responsibility of Licensor. You agree that you will evaluate and bear all risks associated with the viewing or use of any such other content or service, including any reliance on the accuracy or completeness of such other content or service. Licensor expressly disclaims, to the maximum extent permitted by law, any liability for any such other content or service, including, without limitation, for any errors or omissions in any such other content or service, or for loss or damage or injury of any kind incurred as a result of the use of any such other content or service posted, transmitted, advertised or otherwise made available to you through or in connection with the Software.


Internet Connection. The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service, including but not limited to a third-party gaming platform operated by Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.


INFORMATION COLLECTION & USAGE


By installing and using this software, you consent to these information collection and usage terms. If you connect to the Internet when using the Software, either through a gaming platform network, or any other method, Licensor may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), user achievements, software performance, friend lists, hardware MAC address, internet protocol addresses, and your usage of various features of the Software. All information collected by Licensor is intended to be anonymous information that does not disclose your individual identity. Licensor will make efforts not to publicly display or distribute any personally-identifying information regarding any user of the Software. However, if you include personal information (such as your real name) in your user ID, or in communications within the Software, then such personal information may automatically be transmitted to Licensor or others and used as described herein.


The information collected by Licensor may be posted by Licensor on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor’s marketing partners, or used by Licensor for any other lawful purpose. By using this Software you consent to the Licensor’s use of the information it collects, including public display of such information. If you do not want your information shared in the manner described above, then you should not use the Software.


WARRANTIES AND DISCLAIMERS


LIMITED WARRANTY: Licensor warrants to you that this Software is compatible with a personal computer meeting the minimum system requirements listed in the Software documentation or that it has been certified by the gaming unit producer as compatible with the gaming unit for which it has been published, however, due to variations in hardware, software, internet connections and individual usage, Licensor does not warrant the performance of this Software on your specific computer or gaming unit. Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free; that the Software will be compatible with third party software or hardware; or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOU SPECIFICALLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (a) SOFTWARE CONFLICTS RELATED TO THE SOFTWARE; (b) DATA NON-DELIVERY, DATA MIS-DELIVERY, OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (c) INFRINGEMENT OF A THIRD-PARTY'S RIGHT; (d) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE APPLICATION OR CONTENT; (e) YOUR OWN USE OR MISUSE OF YOUR COMPUTER OR THE SOFTWARE CONTAINED ON YOUR COMPUTER; OR (f) THE UNAVAILABILITY OF THE STEAM PLATFORM, ACCOUNT, OR STORE, OR THE OF SOFTWARE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM IS TO STOP USING THE SOFTWARE.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE TO YOU FOR (a) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER LICENSOR WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE; AND (b) ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Licensor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Licensor's liability will be the minimum permitted under such law.


GENERAL


Termination. This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination, you must permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server or computer on which it has been installed.


Equitable Remedies. You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any violation of this Agreement, in addition to any other available remedies.


Indemnity. You hereby agree to release, indemnify, defend and hold harmless Licensor, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising from your User Created Content or your breach of this Agreement.


Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties or by a revision posted by Licensor pursuant to this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.


Governing Law. This Agreement shall be construed under the laws of the State of California (without regard to conflicts or choice of law principles), as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.


Disputes Subject to Arbitration. Any disputes, claims or controversies between you and Licensor arising from or relating to this Agreement or the download, installation, or use of the Software shall be resolved by final and binding arbitration. You may reject the arbitration provisions included in this Section by faxing a signed rejection notice to Licensor at (650) 872-2207 within ten (10) business days after you accept this Agreement. The notice must include your name, address, and telephone number, and must specify that you are rejecting the arbitration provisions of this Agreement.


You and Licensor understand and agree that this Agreement is a transaction in interstate commerce, and the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitration will be administered by the American Arbitration Association (http://www.adr.org/), hereafter the “AAA.” It will be conducted by a single arbitrator. The selection of the arbitrator and the arbitration will be governed by the AAA Commercial Arbitration Rules and Expedited Procedures in effect at the time the arbitration is brought (“AAA Rules”), except to the degree that those rules are modified by this Agreement, or in accordance with any other procedures to which you and Licensor hereafter agree in writing.


If the AAA will not accept and administer the arbitration in accordance with this Agreement, the parties will select an independent arbitrator. The arbitrator shall be a retired judge or an attorney with substantial experience as an arbitrator. The arbitrator will be selected as follows: (i) within twenty (20) days of notice from the AAA, each party will propose three (3) potential arbitrators; (ii) the parties will make a good faith effort to agree on an arbitrator selected from one or both of the parties’ lists; (iii) if the parties do not agree on an arbitrator within twenty (20) days, the parties will each specify one of the potential arbitrators identified, and those two shall select an arbitrator for the dispute. If the selected arbitrator is unable or unwilling to serve at any time, the process for selection of an arbitrator specified in this section will be repeated. The arbitration will be governed by the AAA Commercial Arbitration Rules (including the Expedited Procedures) in effect at the time the arbitration is brought, as modified by this Agreement, or in accordance with any other procedures to which you and the University hereafter agree in writing. References in the AAA Rules to the AAA will be understood to refer to the selected arbitrator.


In addition to addressing any and all Claims, the Arbitrator shall have exclusive authority to resolve any dispute relating to the arbitrability of any claim or the formation, interpretation, application, enforceability, or legality of this Agreement, including the provisions relating to arbitration. The arbitrator will apply the law of the State of California, without regard to its choice of law provisions, to all Claims. However, anything to the contrary in this Agreement notwithstanding, the application and enforceability of the provisions of this Agreement relating to arbitration will be governed by the FAA. The arbitrator’s decision and award shall be controlled by the terms and conditions of this Agreement.


Unless the parties otherwise agree, or the arbitrator determines that attendance in person would be unduly burdensome, the parties and any witnesses will personally attend the arbitration. If the arbitrator determines that attendance in person would be unduly burdensome, the arbitrator may require that the arbitration be conducted, in whole or in part, by telephone or video conference, or be based exclusively on the written submissions of the parties and the documents and written testimony they provide. Whether or not the parties personally attend, the place of the arbitration will be San Francisco, California provided that for the convenience of the parties or the witnesses the arbitration may be conducted at any other location designated by the arbitrator.


Arbitration of any Claim must be initiated within one year after the date on which the basis for the Claim first arises, or within the period of time provided by the applicable statute of limitations or other law, whichever is shorter. Neither you nor Licensor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Licensor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.


The arbitrator may award legal, declaratory, equitable, or injunctive relief, but only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual Claim. Any award may be confirmed and enforced in any court of competent jurisdiction. Any proceedings to enforce, vacate, or modify any arbitration award will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to its choice of law provisions.


You and Licensor agree that no federal, state, or local court shall have any authority to address or resolve any Claim, except as expressly provided herein. You and Licensor hereby waive any right to a jury trial of any Claim. This Agreement does not preclude you from seeking action by federal, state, or local government agencies; such agencies can, if the law allows, seek relief on your behalf. Neither you nor Licensor are required to arbitrate Claims that seek only monetary relief in an amount of five thousand dollars ($5,000) or less. You and Licensor also have the right to bring qualifying claims in small claims court. In addition, you and Licensor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, except that any dispute as to the arbitrability of any claim and the application or enforceability of this Agreement will be addressed and resolved exclusively by the arbitrator.


The parties shall bear the costs and expenses of their own counsel, experts, witnesses, and presentation of proof. In the event that the administrative fees and deposits that must be paid to initiate arbitration against Licensor exceed $375 and you are unable to pay any fees and deposits that exceed this amount, or if you are not required to pay such amounts under the applicable arbitration rules, Licensor agrees to pay them, subject to ultimate allocation of the costs of the arbitration by the arbitrator. In addition, if you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Licensor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.


The content of the arbitral proceedings and any rulings or award shall be kept confidential by the parties and the arbitrator except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award or other relief granted by the arbitrator in bona fide legal proceedings before a state or federal court or other judicial authority; or (ii) with the consent of all parties. Notwithstanding anything to the contrary in this Agreement, any party may disclose matters relating to the arbitration as necessary for the preparation or presentation of a claim or defense in the arbitration.


If any provision of this Section is found to be invalid or unenforceable, or is determined to be inconsistent with the applicable arbitration rules, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.


No waiver of any provision of this Section shall be effective or enforceable unless recorded in a writing signed by the party waiving a right or requirement of this Section. Such a waiver shall not waive or affect any other portion of this Agreement. This Section will survive the termination of the Agreement and/or your relationship with Licensor.


THIS AGREEMENT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LICENSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.


IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT IN WRITING General Counsel, Future US, Inc., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080.
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