EULA (English)
End User Licence Agreement (EULA)
Last updated on: 23rd July 2024
IMPORTANT NOTICES:
Please read this EULA carefully. It is a legal document that explains your rights and obligations related to your use of this Game and/or use of the Online Features.
If you buy, download, use, access, or play the Game and/or access or use Online Features (together “Use”), you represent and warrant that (i) you are aware of the applicable age rating for the Game; (ii) you are old enough to use the Game, and (iii) you 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 also include the following:
(a) the “Privacy Policy” set out at https://www.frontier.co.uk/legal/privacy-policy
(b) the “Terms and Conditions” set out at https://www.frontier.co.uk/legal/terms-and-conditions
(c) the “Code of Conduct” set out at https://www.frontier.co.uk/legal/frontier-code-of-conduct, and
(d) the “Mod Policy” (if applicable for the Game) set out at https://workshop.frontierstore.net/mod-policy
each as amended from time-to-time, and each of which are incorporated into this EULA by reference.
By accepting this EULA, you are also agreeing to be bound by the terms and conditions of sale for the store from which you purchased the Game or activation key (“Conditions of Use”).
IF YOU USE THE GAME IN THE USA, PLEASE READ CLAUSE 13 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FRONTIER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRONTIER.
If you do not agree to this EULA, then you must not Use the Game. If you do not agree, then your rights to cancel the transaction and/or request a refund are governed by the Conditions of Use. The above does not affect your rights in the event of the Game being defective.
Frontier Developments plc (“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://www.frontier.co.uk/legal/eula, so you must make sure to regularly review this EULA. If any amendment to this EULA is not acceptable to you, you may terminate this EULA and must stop using the Game.
Any continued Use of the Game after Frontier posts such modifications, alterations, amendments, or updates to the Game and this EULA constitutes your acceptance of such modifications, alterations, amendments, and updates to the Game and this EULA. Any downloadable content (commonly known as “DLC” including but not limited to character cosmetics, soundtracks, expansion packs and additional levels) made available by Frontier is also subject to this EULA and falls within the definition of “Game” above.
Where an activation key is required to install this Game and/or to access any Online Features, Frontier is not responsible for reproducing or replacing such activation code, and it is the responsibility of the original purchaser to keep this activation code secure. Frontier will not replace lost or stolen activation codes.
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 you own it. 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 and/or Online Services 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 personal, non-transferable, non-exclusive, non-sub-licensable, 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 for your own private and domestic Use; and
(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. For the avoidance of doubt the Game is licensed to you, not sold.
3. Licence Restrictions
You are not permitted to:
(a) 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 unauthorised software designed to modify or defeat the purpose or experience of the Game or to disable or circumvent any security, anti-tamper or anti-cheat features included in the Game;
(d) use any unauthorised software that harvests or otherwise collects information about others or the Game or any Online Features, including about a character or the Game environment;
(e) unless expressly permitted by Frontier, sell, trade or otherwise transfer any accounts, in-Game virtual currency or items for real world currency or use such content for use in gambling or any unlawful purpose;
(f) use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy and/or compile any content or information from the Game or any Online Features;
(g) use the Game (or any part of the Game) or any Online Features in any machine learning or artificial intelligence tool for any purpose, including but not limited to, training of large language models, the development of AI tools or systems, or the creation of generative AI images, text, video, synthetic voices and/or a synthesised or “digital double” or other content;
(h) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features; or
(i) 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 (or might be considered to be) unlawful, defamatory, offensive, obscene or discriminatory 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 Features.
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, logos, images, text, illustrations, designs, icons, photographs, video clips and written and other audio-visual materials that appear in the Game, moral rights, structural or landscape designs, musical compositions, dialogue, Arrangements, or any other content protected by UK or international intellectual property laws) (“the Contents”) 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. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents.
5.2. You acknowledge that you shall acquire no proprietary rights in past or stored Gameplay, Arrangements, 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. 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
7.1. Online Features and User Generated Content
7.1.1 Online Features
(a) 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 online or multiplayer features and functionality associated with the Game including, without limitation, cross-platform play, online forums and sharing of content (“Online Features”).
(b) 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.
(c) 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 is 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.
7.1.2 User Generated Content
(a) Certain Games allow you to create and make your own created content available to other end users. Content that you contribute, provide, post, upload, or otherwise submit via the Online Features or a Frontier-authorised service, including but not limited to forum posts, feedback and suggestions, screenshots, ‘let’s play’ videos or streams on Twitch, YouTube or other permitted platforms, is defined as “UGC”. For clarity, the term “UGC” does not include “Mods” – the terms of creation and use of Mods are set out in the Mod Policy.
(b) You agree that any element of the UGC which represents, derives from, or is based upon the Game (for example characters, settings, plot, art, design work, sounds and locations) shall be owned by Frontier, and you agree that all rights and interest in such UGC shall vest solely with Frontier.
(c) To the maximum extent permitted by the applicable law, you waive and agree not to assert against Frontier or any of its partners, affiliates, subsidiaries, licensors or licensees, any moral or similar rights you may have in any of your UGC.
(d) By making available UGC:
a. to the extent the Online Features or a Frontier-authorised service permits other users to access and use your UGC, you also grant all other users of the Online Features or a Frontier-authorised service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Game, Online Features or a Frontier-authorised service without further notice, attribution or compensation to you; and
b. to the extent not owned by Frontier as outlined in clause 7.1.2(b) above, you grant to Frontier and its affiliates, licensees and licensors, a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable and perpetual right to use, reproduce, modify, create derivative works from, distribute, adapt, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC without further notice, attribution or compensation to you. For clarity, this licence shall include the right for Frontier to make the UGC publicly available through other channels of distribution (for payment or otherwise), including incorporation of the UGC into the Game (including any DLC), any other Frontier games and/or marketing materials. This licence shall survive termination of the EULA.
7.1.3 Warranty
Each UGC posted, uploaded, inputted, or submitted by you via the Game, any Online Features or a Frontier authorised service is at your own risk and you represent and warrant that you have the full legal right to so use such UGC and such UGC: (i) is your original work; (ii) does not infringe any third party’s intellectual property rights; (iii) does not breach a confidentiality or contractual restriction; and (iv) contains nothing defamatory, indecent or otherwise unlawful or which infringes the statutory or common law rights of any third party or any other rights. Frontier disclaims all liability to any UGC, and you agree to indemnify and hold harmless Frontier and its employees, affiliates, licensors, licensees, contractors and directors from any damages, losses, costs and expenses (including legal fees) arising directly or indirectly from any acts or omissions associated with the use of any UGC which you create or make available.
7.1.4 No Obligation
You understand and agree that Frontier is not obligated to use, review, or distribute any UGC. Frontier may, in its sole discretion, restrict, edit, disable or remove such UGC from the Game, Online Features or anywhere else for any reason. Frontier does not assume any responsibility or liability for any UGC, for removing it, or not removing it. Frontier does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute, provide, post, upload, or otherwise submit.
7.1.5 You agree that Frontier’s consideration of your UGC is your full compensation, and you are not entitled to any other rights or compensation in connection with the rights granted to Frontier and to other companies or individuals.
7.1.6 Notices
Anyone who believes that their rights have been infringed in any way may notify us by raising a support ticket here: https://customersupport.frontier.co.uk.
7.2. Usage Data
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. We may also share data with third parties in connection with breaches of this EULA, third party agreements or unlawful actions (for example, fraudulent transactions), as more fully set out in our Privacy Policy.
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 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 agree: (i) 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) to be bound by the Code of Conduct for the Game.
7.4. Patches and Updates
We may deploy or provide patches, updates and modifications to the Game that must be installed 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 grant us your consent to deploy and apply such patches, updates and modifications.
8. 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.
9. Termination
9.1. 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). You will not be entitled to a refund. 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, 7.1.2(b)-(d) and 11-14.
9.2. 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.
10. Limited Warranty and Support
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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.
10.5. If you require technical assistance, please contact our support team via https://support.frontier.co.uk. You will be responsible for all connection charges.
11. Limitation of Liability; Remedies
11.1. 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.
11.2. 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 11.3, 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 11, 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.
11.3. Notwithstanding clause 11.2, 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 11.4. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.
11.4. 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.
11.5. You understand that the Game and/or Online Features 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.
11.6. 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.
12. Governing Law; Forum Selection/Jurisdiction
12.1. Subject to clauses 12.2, 12.3 and 13 below, this EULA or any dispute relating to it shall be governed by the laws of England, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes shall be subject to the non-exclusive jurisdiction of the English courts. If a particular jurisdiction requires this EULA to be governed by the laws of another jurisdiction and/or requires any dispute relating to this EULA to be subject to the jurisdiction of another court or other tribunal in order for this EULA to be binding and enforceable, then the local laws and/or jurisdiction shall apply, to the extent so required.
12.2. FOR RESIDENTS OF THE UNITED STATES ONLY: In the case of any claim or dispute of any nature (including non-contractual dispute) arising out 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 and subject to clause 13 below, clause 12.1 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, USA, not including its conflict of law principles. Subject to clause 13 below, each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this EULA 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.
12.3. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this EULA.
13. FOR RESIDENTS OF THE UNITED STATES ONLY: DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
IF YOU USE THE GAME IN THE USA, PLEASE READ THIS CLAUSE 13 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FRONTIER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FRONTIER. IF YOU USE THE GAME IN A COUNTRY OTHER THAN THE USA, THIS CLAUSE 13 DOES NOT APPLY TO YOU.
This clause 13 will apply to the maximum extent permitted by applicable law. If you and Frontier cannot resolve a dispute by informal negotiation within thirty (30) days of providing the other party with written notice of a dispute, any other effort to resolve the dispute will be conducted exclusively by final, binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act. The arbitration will be conducted in Clark County and the arbitrator will follow Nevada law in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator will not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
No Class Arbitrations, Class Actions or Representative Actions. You and Frontier agree that any dispute arising out of or related to this EULA, is personal to you and Frontier and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Frontier agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Frontier agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Any arbitration conducted pursuant to this EULA will be between Frontier and you individually. If the agreement in this clause not to bring or participate in an arbitration on a class-action basis should be found unenforceable, you and Frontier agree that it will not be severable, and that this entire clause 13 will be deemed unenforceable and any dispute will be resolved in court and not by collective arbitration.
14. Miscellaneous
14.1. 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.
14.2. 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 this EULA will remain in full force and effect.
14.3. In the event of a conflict between the terms of this EULA and the Conditions of Use, the provisions of this EULA shall prevail.
14.4. 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.
14.5. 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.
14.6. This EULA constitutes the entire agreement between Frontier and you with respect to the licence and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings.
14.7. The English language version of this EULA will be the version used when interpreting or construing this EULA, and any notices or other communications in connection with this will be provided in the English language.
15. Supplemental Terms for PlayStation® Users Only
15.1. SIEA Users: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
15.2. SIEE Users: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe 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 from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.