Last Revised: August 24, 2017
YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING MIDAIR. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE PROGRAM.
Thank you for your interest in Archetype Studios, Inc.’s (“Archetype” or “we”) interactive game, Midair (“Game” or “Midair”). This Agreement sets forth the terms and conditions under which you are licensed to install and use Midair. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE MIDAIR.

• MIDAIR ACCOUNT.
  
• Use of the Midair Account.

To use Midair, you must register, or have previously established, an account on Steam (an “Account”). Use of Midair Accounts are subject to the following terms and conditions:

• To play Midair on Steam, You will need to add a Midair license to an Account, which requires an authentication code generated by Archetype. If you purchase a Game digitally from Archetype, the authentication code will be sent to you via your primary email address. If you purchase a Game digitally from Steam, an authentication code will be assigned to your Steam account.
  
• Subject to the laws of your country of residence, minor children may utilize a Midair Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on Midair, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
  
• Your use of Midair to interact with Archetype and other players is governed by Archetype’s In-Game Policies (the “In-game Policies”). The In-Game Policies are not meant to be exhaustive. The In-Game Policies are incorporated into this Agreement by this reference, and are available for your review in https://www.playmidair.com/legal/in-game-and-forum-violations.
  
• Archetype may revise the pricing for the goods and services offered through Midair at any time. YOU ACKNOWLEDGE THAT ARCHETYPE IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO ARCHETYPE FOR THE USE OF MIDAIR, OR FOR PURCHASES MADE THROUGH MIDAIR, FOR ANY REASON.
  
• Archetype shall have the right to monitor and/or record your communications when you use Midair, and you acknowledge and agree that when you use Midair, that you have no expectation that your communications will be private. Archetype shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Archetype policy; (c) to protect Archetype’s legal rights and remedies; (d) to protect the health or safety of anyone that Archetype believes may be threatened; or (e) to report a crime or other offensive behavior.
  
• Grant of License.
  
• If you accept and comply with the terms of this Agreement, Archetype will grant, and you will receive, a non-sub licensable, and non-exclusive license to use Midair subject to the “License Limitations,” set forth in Section C below, as follows:
  
• You may install Midair on one or more computers under your legitimate control to access and use Midair.
  
• You may use Midair for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
  
• You may not transfer your rights and obligations to use Midair.
  
• License Limitations.

Archetype may revoke your license to use Midair if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

• Derivative Works: Copy or reproduce (except as provided in Section 1(B)), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to Midair.
  
• Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein:
  
• Cheats; i.e. methods, not expressly authorized by Archetype, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
  
• Bots; i.e. any code and/or software, not expressly authorized by Archetype, that allows the automated control of Midair and/or any component or feature thereof, e.g. the automated control of a character in a Game;
  
• Hacks; i.e. accessing or modifying the software of Midair in an manner, not expressly authorized by Archetype; and/or
  
• any code and/or software, not expressly authorized by Archetype, that can be used in connection with Midair and/or any component or feature thereof which changes and/or facilitates the gameplay;
  
• Prohibited Commercial Uses: Exploit, in their entirety or individual components, Midair for any purpose not expressly authorized by Archetype, including, without limitation (i) performing in-game services, like power-leveling, in exchange for payment outside of Midair; or (ii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within Midair.
  
• Data Mining: Use third-party software that intercepts, collects, reads, or "mines" information generated or stored by Midair; provided, however, that Archetype may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
  
• Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in Midair;
  
• Matchmaking: Host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by Archetype in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Archetype), or as part of content aggregation networks;
  
• Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to Midair including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, Midair; and (ii) any connection using third-party programs or tools not expressly authorized by Archetype;
  
• Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of Midair or your rights to Midair to any other party in any way not expressly authorized herein;
  
• Disruption: Disrupt or assist in the disruption of (i) any computer used to support Midair or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF MIDAIR MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
  
• Violation of Laws: Use Midair to violate any applicable law or regulation.
  
• Game Features.
  
• User Created or Uploaded Content: Midair may provide you an opportunity to upload and display content on Midair, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1(D)(ii)(1) below. You hereby grant Archetype a perpetual, irrevocable, worldwide, fully paid up, non-exclusive right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Archetype shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Archetype may remove any User Content and any related content or elements from Midair at its sole discretion.
  
• Pre-Alpha/Alpha/Beta Testing Pre-Release Versions of Midair: A pre-release version of Midair may be made available to you through Steam for testing (“Pre-Release Testing”). Pre-Release Testing through Steam will be governed by the following:
  
• Eligibility: In order to participate in a Pre-Release Test, you must meet the following requirements:
  
• Archetype must designate you as a tester or Backer;
  
• The Account that you will use to participate in the Pre-Release Test must be in good standing;
  
• The System must meet the specifications which Archetype determines are required for the Pre-Release Test.
  
• Beta Testing Real Money Features: Midair may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Pre-Release Test, all purchases are subject to the Terms of Sale. Archetype will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Pre-Release Test may not transition to the retail release version of the Game. In those cases, Archetype will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Pre-Release Test once after the Pre-Release Test for the Game has concluded.
  
• Feedback: During and after the Pre-Release Test, you may be provided with an opportunity to give Archetype your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Archetype in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Archetype via electronic mail.
  
• Acknowledgments: You acknowledge that:
  
• the Game being Pre-Release Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
  
• you have, or will, back-up your hard drive prior to installation of the Pre-Release Test;
  
• you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
  
• Archetype is not liable in any way for the loss of data or damage to the System, interruptions due to a lost connection to Midair, software or hardware failures, or loss of data or disruption of the player's ability to connect to Midair;
  
• Archetype may monitor and record any and all communications, electronic or otherwise, pertaining to the Pre-Release Test including, without limitation, packets, chat, email to/from Archetype, message board postings, etc.;
  
• Archetype may delete or modify the information stored by Midair for any reason at any time during the duration of the Pre-Release Test;
  
• Archetype may transfer software program files to the System, including a program that will collect and send Archetype CPU, RAM, operating system, video card, and sound card information from the System; and
  
• You may not sell, transfer or commercially exploit access to a Pre-Release Test, including the distribution of Pre-Release keys without Archetype’s express authorization.
  
• ARCHETYPE’S OWNERSHIP.
  
• Archetype is the owner or licensee of all right, title, and interest in and to Midair and all of the features and components thereof. Midair may contain materials licensed by third-parties to Archetype, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of Midair are owned or licensed by Archetype:
  
• All virtual content appearing within Midair, such as:
  
• Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
  
• Narrations: Themes, concepts, stories, and storylines;
  
• Characters: The names, likenesses, inventories, and catch phrases of Game characters;
  
• Items: Virtual goods, skins, wearable items;
  
• All data and communications generated by, or occurring through, Midair;
  
• All sounds, musical compositions, recordings, and sound effects originating in Midair;
  
• All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
  
• Computer code, including but not limited to “Applets” and source code;
  
• Titles, methods of operation, software, related documentation, and all other original works of authorship contained in Midair;
  
• All Moral Rights that relate to Midair, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
  
• The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on Midair, except as expressly set forth in this Agreement or otherwise by Archetype in certain contest rules, Archetype’s Fan Policies, or addendum to this Agreement.
  
• NO WARRANTY.

MIDAIR IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the game remains with the user.

• LIMITATIONS OF LIABILITY.

Archetype and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use Midair. Archetype’s liability shall never exceed the total fees paid by you to Archetype during the six (6) months prior to your making a claim against Archetype.

• Midair includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. [Licensor], Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Archetype Studios Inc., Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Midair, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Midair, or will not revoke approval of Midair for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Archetype Studios Inc. and Epic. Archetype Studios Inc., Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
  
• To the maximum extent permitted by applicable law, neither Archetype Studios Inc., Epic, Epic’s licensors, nor its or their affiliates, nor any of Archetype Studios Inc.’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Archetype Studios Inc., Epic, Epic’s licensors, nor its or their affiliates, nor any of Archetype Studios Inc.’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Archetype Studios Inc.’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Archetype Studios Inc., Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
  
• 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 Archetype Studios Inc., Epic, Epic’s licensors, its and their affiliates, and any of Archetype Studios Inc.’s or Epic’s service providers shall be limited to the full extent permitted by law.
  
  • INDEMNITY.
  You hereby agree to defend and indemnify Archetype against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Archetype arising out of or from your use of Midair, any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, and this Agreement. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Archetype’s liability shall be limited to the fullest extent permitted by law.
  
  
  • EQUITABLE REMEDIES.
  You agree that Archetype would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Archetype shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to Archetype will not limit its ability to receive remedies that are otherwise available to Archetype under applicable laws.
  
  
  • ALTERATIONS.
    
  • Alterations to the Agreement.
    
  • Archetype’s Rights: Archetype may create updated versions of this Agreement (each a “New Agreement”) as Midair and the law evolve.
    
  • New Agreements: This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
    
  • Acceptance: If you accept the New Agreement, and the Account registered to you remains in good standing, you will be able to continue using Midair subject to the terms of the New Agreement.
    
  • Rejection: If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use Midair.
    
  • Alterations to Midair.
  Archetype may change, modify, suspend, or discontinue any aspect of Midair at any time, including removing items, or revising the effectiveness of items in an effort to balance the Game. Archetype may also impose limits on certain features or restrict your access to parts or all of Midair without notice or liability.
  
  
  • TERM AND TERMINATION.
    
  • Term.
  This Agreement is effective upon the use of a Midair key, and shall remain in effect until for a reasonable period of time. In the event that Archetype chooses to cease providing Midair, or license to a third party the right to provide Midair, Archetype shall provide you with no less than three (3) months prior notice. Neither Midair nor Archetype’s agreement to provide access to Midair shall be considered a rental or lease of time on the capacity of Archetype's servers or other technology.
  
  • Termination.
    
  • You are entitled to terminate this Agreement at any time by notifying Archetype by email at http://mailto:support@archetypestudios.net.
    
  • Archetype reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Archetype may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
    
  • In the event of a termination of this Agreement, any right to any and all payments you may have made for pre-purchased game access to certain Games are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts.
    
  • GOVERNING LAW.
    
  • This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Washington, without regard to choice of law principles.
    
  • The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
    
  • If you are a (1) Canadian resident who has (2) purchased a license to Midair in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
    
  • Users who access Midair from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
    
  • GENERAL.
    
  • The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    
  • Archetype may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Archetype’s prior written consent. Your assignment of this Agreement without Archetype’s prior written consent shall be void.
    
  • Archetype’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Archetype may choose to waive a provision of this Agreement in regards to a particular instance; however, you are still obligated to comply with that waived provision in the future.
    
  • Notices:
    
  • If to Archetype. All notices given by you under this Agreement shall be in writing and addressed to: Archetype Studios, 10610 NE 9[super]th[/super] Pl. #801, Bellevue, WA 98004 Attn: Law Department.
    
  • If to You. All notices given by Archetype under this Agreement shall be given to you either through written notice, email, or website blog post.
    
  • Archetype shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Archetype, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
    
  • If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
    
  • This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 2, 3, 4, 5, 6, 10, and 11 shall survive termination of this Agreement for any reason.