END USER LICENSE AGREEMENT
THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU AND PSYONIX. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING OR UTILIZING THE SOFTWARE YOU HAVE JUST PURCHASED. BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, AND EACH TIME YOU ACCESS THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE. If you have any questions about this Agreement, you can reach Psyonix at Psyonix Inc., 707 Broadway Street, Suite 1600, San Diego, California 92101.
If you are not eighteen (18) years of age, have your parents or legal guardian review and approve this Agreement on your behalf. Your consent to this Agreement and use of the Software signifies that you have received the specific permission of your parent or legal guardian.
The Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Software may be subject to additional terms and conditions promulgated by Psyonix from time to time. Any material modifications to the Agreement will also be brought to your attention by posting at www.rocketleaguegame.com/EULA. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
Subject to your compliance with the terms and conditions of the Agreement, Psyonix hereby grants you a non-exclusive, non-transferable, limited and revocable right and license to install and use one (1) copy of the Software solely and exclusively for your personal and non-commercial use for gameplay on a single game platform (e.g., computer, mobile device, or gaming console). This Agreement shall also apply to any patches or updates you may obtain for the Software. DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Software, and should not be construed as a sale or transfer of any intellectual property rights to the Software. All rights not specifically granted under this Agreement are hereby reserved by Psyonix and, as applicable, by its licensors.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PSYONIX. Except as expressly licensed to you herein, all right, title, and interest in and to the Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Software, and any related documentation) are owned by Psyonix or Psyonix’s licensors.
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 Psyonix. Any persons copying, reproducing, or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the United States or their local country. Be advised that United States copyright violations are subject to statutory penalties of up to $150,000 per violation. The Software contains certain licensed materials and Psyonix’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Psyonix and, as applicable, its licensors.
Psyonix does not recognize the transfer of the Software, with the exception of Virtual Currency and Virtual Goods as defined in Section 6 below. Other than Virtual Currency and Virtual Goods, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Psyonix. Any attempt to do so shall be void and of no effect. Psyonix allows you the limited ability to trade Virtual Currency and Virtual Goods with other users who lawfully possess the Software under conditions provided with the Virtual Currency and Virtual Goods.
(1) You agree to only use the Software, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Software or any of its parts, including, but not limited to, for-profit exploitation at a cyber (Internet) café, computer gaming center, or any other location-based site, but excluding purely not-for-profit use in which no compensation in the form of payment or benefit is received;
(b) use the Software or permit the use of the Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time;
(c) use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Psyonix and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
(g) export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Software unless provided for in Section 5(i) below; or
(i) use the part of the Software which allows you to construct new variations (“Editor”) to create new levels which (1) can be used otherwise in connection with the Software; (2) to modify any executable file; (3) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (4) to use the trademarks, copyright or intellectual property rights of any third party; (v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.
(2) 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. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Psyonix reserves the right to monitor use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. 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. Except as otherwise prohibited by applicable law, Psyonix may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.
(3) You agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Software.
If the Software allows you to purchase and/or earn through play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.
(1) The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Software (“Virtual Currency” or “VC”); (ii) gain access to (and certain limited rights to use) virtual goods within the Software (“Virtual Goods” or “VG”); and (iii) barter or exchange VC and VG with other users of the Software. Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Psyonix hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited and revocable right and license to use VC and VG obtained by you for your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in VC and VG.
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You are prohibited from converting VC and VG into a unit of value outside of the Software, such as actual currency or actual goods. You acknowledge and agree that Psyonix may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Psyonix ceases providing the Software, or this Agreement is otherwise terminated. Psyonix, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.
(2) You may have the ability to purchase VC or to earn VC from Psyonix for the completion of certain activities or accomplishments in the Software. For example, Psyonix may provide VC or VG upon the completion of an in-game activity, such as attaining a new level, completing a task, or creating user content. Once obtained, VC and/or VG will be credited to your user account (“User Account”). You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Psyonix (all referred to herein as “Software Store”). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store’s governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store. Psyonix may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Psyonix at any time without notice to you. Upon completing an authorized purchase of VC from a Software Store, the amount of purchased VC will be credited to your User Account. Psyonix shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated Software. Psyonix, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.
(3) Purchase and use of VC and VG are subject to the Network Terms of Service and User Agreement. This online service has been sublicense to you by Sony Interactive Entertainment America. Any VC and VG purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Limited (“SIENE”) and be subject to Playstation™ Network Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ for each VC and VG. Unless otherwise shown, VC and VG available in any in-game store has the same age rating as the game.
(4) You can access and view your available VC and VG in your User Account when logged into your User Account. Psyonix reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Psyonix further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes. While Psyonix strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Psyonix’s determination of the available VC and VG in your User Account is final, unless you can provide documentation to Psyonix that such calculation was or is intentionally incorrect.
(5) All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary depending on the associated Software. VC and VG may only be used within the Software, and Psyonix, in its sole discretion, may limit use of VC and/or VG to a single game. The authorized uses and purposes of VC and VG may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the Software. VC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software. You are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notify Psyonix immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a request to www.rocketleaguegame.com/support.
(6) VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Psyonix or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Psyonix nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.
(7) All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Psyonix has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Psyonix shall have no liability to you or anyone else for the exercise of such rights.
(8) Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in gameplay using the Software as expressly authorized by Psyonix (“Unauthorized Transactions”), including, but not limited to, among other users of the Software, is not sanctioned by Psyonix and is strictly forbidden. Psyonix reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Psyonix, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Psyonix may request that the applicable Software Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If Psyonix believes or has any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Psyonix may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.
(9) VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PSYONIX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, PSYONIX MAKES NO WARRANTY THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PSYONIX OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE SOFTWARE MAY GO OUT OF DATE, AND PSYONIX MAKES NO COMMITMENT TO UPDATE SUCH SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
PSYONIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE SOFTWARE FOR ANY PURPOSE. THE SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of the Software may occur as normal events. You further understand and agree that Psyonix has no control over third party networks you may access in the course of the use of the Software, and therefore, delays and disruption of other network transmissions are completely beyond Psyonix’s control. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PSYONIX TO STOP USING THE SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF PSYONIX TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PSYONIX OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE OFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL PSYONIX OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PSYONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF PSYONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF PSYONIX SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Software of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Upon a request by Psyonix, you agree to defend, indemnify, and hold Psyonix and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Software; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Psyonix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Psyonix in asserting any available defenses.
Although the Software may be accessible worldwide, Psyonix makes no representation that the Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Software is void where prohibited. Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
This Agreement is effective until terminated by you or by Psyonix. This Agreement automatically terminates when Psyonix ceases to operate the Software servers (for games exclusively operated online), if Psyonix determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions in Section 5 above. You may terminate this Agreement at any time by (i) requesting Psyonix to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service, or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. If this Agreement terminates due to your violation of this Agreement, Psyonix may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return the physical copy of Software, as well as 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, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Software, including any VC or VG associated with your User Account, will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
The provisions of Sections 1, 2, 3, 4, 8, 9, 11, 12 and 13 survive any termination of this Agreement.
You hereby agree that if the terms of this Agreement are not specifically enforced, Psyonix will be irreparably damaged, and therefore you agree that Psyonix shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
Psyonix may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Psyonix’s express prior written consent. Psyonix’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Psyonix’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Psyonix with respect to such use. In addition to any excuse provided by applicable law, Psyonix shall be excused from liability for non-delivery or delay in delivery of the Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within the State of California, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts in San Diego, California.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT