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END USER LICENSE AGREEMENT (Version ID: ABGHMSteamEpic201802091101)
BY INSTALLING THE GAME SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) AS SET FORTH BY ABGHM, LLC dba “HOUSE PIXEL GAMES,” LOCATED AT 15151 SURVEYOR BLVD., SUITE A, ADDISON, TEXAS 75001.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS.
IN ADDITION, THIS AGREEMENT IS SUBJECT TO THE STEAM SUBSCRIBER AGREEMENT AND ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SUBSCRIPTION SERVICE.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT BEFORE INSTALLING THE GAME SOFTWARE, HOUSE PIXEL GAMES DOES NOT GRANT YOU THE LICENSE (DEFINED BELOW) TO THE GAME SOFTWARE.
This Agreement was created or last updated on February 9, 2018 (the “Revision Date”). If you agreed to a previous version of this Agreement at the time you installed the Game Software before the Revision Date, this Agreement replaces your prior agreement with House Pixel Games on the day that you explicitly accept it. If you prefer to continue using the Game Software under the version of the Agreement in effect prior at the time you installed the Game Software without accepting this Agreement, you are free to do so.
Table of Contents
1. Game Software. 2
2. Beta or Demo Software. 2
3. Steam Subscription Required. 3
4. Minimum System Requirements. 3
5. Ownership. 3
6. Data Collection and Privacy Policy. 4
7. License. 4
8. License Conditions and Restrictions. 4
9. No Guarantees. 6
10. Warranty Disclaimers. 6
11. Limitations on Liability. 7
12. “Epic” Warranty Disclaimers and Limitations of Liability. 8
13. Injunction. 9
14. Indemnity. 10
15. Choice of Law, Jurisdiction, and Venue. 10
16. Dispute Resolution, Binding Arbitration, and Class Action Waiver 10
17. Miscellaneous. 12
18. Term, Termination, and Survival 13
19. Notices or Questions. 13
1. Game Software
The term “Game Software” includes the software included in this video game entitled MOWIN’ & THROWIN’, the associated media, any software associated with any online mode of the video game (subject to any additional terms of use applicable to such online mode), any online or electronic documentation, any printed materials, manuals, and any and all copies of such software and materials, as of the time of first installing this video game.
From time to time, but without any obligation to do so and in its sole discretion, House Pixel Games may offer down loadable content (“DLC”), such as patches, updates, modifications, or additional content or features related to the Game Software, with or without additional charge.
If a new or amended end user license agreement is not required to install, copy, or otherwise use such DLC, this Agreement will apply to any such DLC, which will be deemed as part of the Game Software.
If a new or amended end user license agreement is required to install, copy, or otherwise use such DLC, but you do not accept any new or amended end-user license agreement required for such DLC that may be in effect at that time, such DLC will not be considered part of the Game Software, no license will be granted to such DLC, and this Agreement will not pertain to such DLC; however, your License to the Game Software without such DLC will continue.
2. Beta or Demo Software
If the Game Software is designated as “Beta” (i.e., a test version) or “Demo” (i.e., a demonstration version) of the Game Software, the License under this Agreement may be for a limited duration and may be revoked by House Pixel Games at any time, in its sole discretion.
Regarding any “Beta” software, House Pixel Games may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software.
Regarding any “Beta” software, in addition to the warranty disclaimers and limitations of liability below as applicable, you specifically acknowledge and agree that “Beta” software is only released for testing and improvement purposes, in particular to provide House Pixel Games with feedback on the quality and usability of the Beta software, and therefore contains errors, is not final, and may create incompatibilities or damage to your computer, data, and/or software. If you decide to install and/or use Beta software, you will only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta software could cause any kind of damage to you or to your system. In particular, you further agree to maintain full backups of any system on which you choose to install Beta software.
Any Beta software is subject to the additional terms and conditions of the “Beta Software License” under the Steam Subscription Agreement with Valve Corporation.
3. Steam Subscription Required
You acknowledge and agree that installation and use of the Game Software requires a Steam user Account under the Steam Subscription Service of Valve Corporation, which is subject to the applicable Steam Subscription Agreement of Valve Corporation.
You acknowledge and agree that the installation and use of the Game Software may require a Product Key to the Game Software.
In addition, you acknowledge and agree that the installation and use of the Game Software may require your system to be running the Steam client and maintaining a connection to the Internet.
House Pixel Games does not and cannot control your user Account with Steam, your login or password to your user Account with Steam, the Steam Subscription Service, or your relationship with Valve Corporation.
4. Minimum System Requirements
You acknowledge that the Game Software will not be operable on all computer, console, handheld device, or other electronic devices. The Game Software will specify certain “Minimum System Requirements” for adequate game play (in the sole discretion and judgment of House Pixel Games) on one or more types of computer, console, handheld device, or other electronic device using the Game Software. Nevertheless, House Pixel Games does not and cannot control your system, third-party software, or third-party networks. Operability, performance, and game experience using the Game Software on your particular system may vary or be affected or controlled by you or third parties. At times, products, actions, or inactions of yourself or such third parties may impair, disrupt, or prevent the operation of the Game Software. House Pixel Games does not and cannot guarantee that such events will not occur.
5. Ownership
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by House Pixel Games or its licensors.
You agree and acknowledge that the Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, and the copyright laws of other countries.
You agree and acknowledged that the brand “HOUSE PIXEL” for the Game Software is protected by the trademark laws of the United States, international trademark treaties and conventions, and the trademark laws of other countries.
All rights are reserved worldwide.
The Game Software contains certain materials licensed by House Pixel Games from others, and House Pixel Games and House Pixel Games’ licensors may protect their rights in the event of any violation of this Agreement.
6. Data Collection and Privacy Policy
You agree and acknowledge that the Game Software may collect information about your use of the Game Software, including information you provide directly or through automated means, such as geolocation (only if you choose to share it), program usage, time stamp, device and OS identification, login credentials, product keys, and other information as outlined in House Pixel Games’ applicable Privacy Policy.
House Pixel Games may use such information for purposes specified in the applicable Privacy Policy, such as identity management, security, auditing, marketing, service delivery, and product improvement.
7. License
House Pixel Games grants to you the non-exclusive, non-transferable, limited right and license (the “License”) to install, access, and use the Game Software under one (1) Steam Account. You acknowledge and agree that the Game Software is licensed to you and that a copy of the Game Software is not sold to you.
All rights not specifically granted under the License are hereby reserved by House Pixel Games and, as applicable, by its licensors. The Game Software is licensed to you, not sold. The License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
8. License Conditions and Restrictions
As a condition of the License, you agree that you will abide by the safety information, game instructions, maintenance instructions, or other relevant notices that may be contained in the video game and the manual that is included with the Game Software.
Furthermore, you agree to only use the Game Software, or any part of it, in a manner that is consistent with the License and you will not, except as otherwise explicitly permitted by House Pixel Games in writing:
(a) use or permit the use of the Game Software except under the License one (1) STEAM subscription at the same time, except for any limited multi-player mode included in the Game Software;
(b) use or permit use of the Game Software in a network, multi-user arrangement, or remote access arrangement, including any online use;
(c) make or permit the making of copies of the Game Software or any part thereof, except for backup or archival purposes;
(d) make or permit the making of copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) create or permit the creating of data or executable programs that copy or mimic data or functionality in the Game Software;
(f) create or permit the creating of derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, will be deemed assigned to, and will belong to, vest in and be the exclusive property of House Pixel Games or its licensors on creation, in any event);
(g) copy, use, display, or perform derivative works of the Game Software, in whole or in part;
(h) use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center, or any other location-based site;
(i) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of the Game Software or any copies of the Game Software.
(j) reverse engineer, derive source code, modify, decompile, or disassemble the Game Software or derivative works of the Game Software;
(k) remove, disable, or circumvent any security protections or any technical measures that control copying or access to the Game Software;
(l) cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game Software;
(m) violate any terms, policies, licenses, or code of conduct for any online features of the Game Software;
(n) violate any terms, policies, licenses, or code of conduct for any online forum regarding the Game Software;
(o) restrict, inhibit, or interfere with any other user licensed by House Pixel Games from using and enjoying any offline or online features of the Game Software;
(p) remove, modify, deface, or circumvent any proprietary trademarks, labels, or notices contained in, displayed by, or made by the Game Software;
(q) transport, export, or re-export the Game Software or any copy or adaptation into any country forbidden to receive the Game Software by any U.S. export laws or regulations, U.S. Economic sanctions, in violation of any applicable U.S. laws or regulations, or the laws of the country in which the Game Software was obtained;
(r) use or allow the use of the Game Software within any country forbidden to receive the Game Software by any U.S. export laws or regulations, U.S. Economic sanctions, in violation of any applicable U.S. laws or regulations, or the laws of the country in which the Game Software was obtained;
(s) transport, import, or re-import the Game Software into any country in violation of any applicable laws or regulations of that country; and
(t) use or allow the use of the Game Software by individuals located in any country in violation of any applicable laws or regulations of that country.
9. No Guarantees
House Pixel Games does not guarantee continuous and error-free operation of the Game Software.
10. Warranty Disclaimers
You acknowledge and agree that use of the Game Software is at your sole risk.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” 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, OR NON-INFRINGEMENT.
The Game Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. House Pixel Games and its licensors disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Game Software, 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 House Pixel Games 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, House Pixel Games makes no warranty that (1) any of the Game Software will operate properly, (2) that the Game Software will meet your requirements, (3) that the operation of the Game Software will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Game Software can or will be corrected, (5) that the Game Software is or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game Software, or will not revoke approval of this Game Software 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 House Pixel Games and its licensors. House Pixel Games does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game Software. This paragraph will apply to the maximum extent permitted by applicable law.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HOUSE PIXEL GAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY LIMITED WARRANTY.
Some states of the United States and other jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, House Pixel Games’ and its licensors’ liability will be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances will any implied warranty required by law exceed the minimum period required by applicable law.
11. Limitations on Liability
IN NO EVENT WILL HOUSE PIXEL GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF:
LOST OR CORRUPTED DATA OR FILES,
LOST OR CORRUPTED PERSONAL, BUSINESS, OR OTHER INFORMATION, OR
DAMAGE TO OR FAILURES OF COMPUTERS, CONSOLES, HANDHELD DEVICES, OR OTHER ELECTRONIC DEVICES,
LOST PROFITS,
LOSS OF GOODWILL,
DAMAGE TO PROPERTY, OR
PERSONAL INJURIES,
EVEN IF HOUSE PIXEL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
FURTHERMORE, IN NO EVENT WILL HOUSE PIXEL GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT.
House Pixel Games does not and cannot control the flow of data to, from, or through any network or the Internet, wireless networks, or third-party networks. Such flow depends in large part on the performance of equipment and services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupts your flow of data. House Pixel Games does not and cannot guarantee that such events will not occur. TO THE FULLEST EXTENT OF APPLICABLE LAW, HOUSE PIXEL GAMES DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE GAME SOFTWARE.
HOUSE PIXEL GAMES’ TOTAL LIABILITY IN ALL CASES WILL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HOUSE PIXEL GAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES WILL CREATE A LIABILITY OR IN ANY WAY INCREASE THE SCOPE OF ANY LIMITATION ON DAMAGES.
If you are a resident of an EU member state, notwithstanding anything to the contrary set out in this section, House Pixel Games is responsible for loss or damage you suffer that is a reasonably foreseeable result of House Pixel Games’ breach of this Agreement or its negligence, but it is not responsible for loss or damage that is not foreseeable.
12. “Epic” Warranty Disclaimers and Limitations of Liability
The Game Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games (“Epic”).
All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. House Pixel Games, 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, House Pixel Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game Software, (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 this Game Software, or will not revoke approval of this Game Software 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 House Pixel Games and Epic. House Pixel Games, 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 House Pixel Games, Epic, Epic’s Licensors, nor its or their affiliates, nor any of House Pixel Games’ 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 House Pixel Games, Epic, Epic’s Licensors, nor its or their affiliates, nor any of House Pixel Games’ 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 House Pixel Games’, 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 House Pixel Games, 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 House Pixel Games, Epic, Epic’s Licensors, its and their affiliates, and any of House Pixel Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
Epic Games is a third-party beneficiary of this Agreement. “Epic Games” means, depending on the location of your primary residence or primary place of business: (a) Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or (b) Epic Games International S.à r.l., a Luxembourg Société à Responsibilité Limitée, located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxembourg, acting through its Swiss branch, having its principal business offices at Lindenstrasse 16, 6340 Baar, Switzerland.
13. Injunction
You agree that if the terms of this Agreement are not specifically enforced, House Pixel Games will be irreparably damaged, and, therefore, you agree that House Pixel Games will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of this Agreement, including temporary and permanent injunctive relief, in addition to any other remedies available to it under the applicable law.
14. Indemnity
You agree to indemnify, defend, and hold harmless House Pixel Games, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
15. Choice of Law, Jurisdiction, and Venue
You and House Pixel Games agree that this Agreement is to be construed and to be interpreted in accordance with and governed in all respects by the substantive laws of the State of Texas and the United States, without regard to conflicts or choice of law provisions, as such law is applied to agreements between Texas residents and entered into and to be performed within Texas.
You and House Pixel Games agree the sole and exclusive personal jurisdiction and venue for actions related to the subject matter of this Agreement will be the state or federal courts for House Pixel Games at its principal corporate place of business, that is, Dallas County, Texas, U.S.A. You and House Pixel Games each waive any objection based on the venue or inconvenience of such a forum.
You and House Pixel Games agree the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to this Agreement or to any dispute or transaction arising out of this Agreement. However, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident.
16. Dispute Resolution, Binding Arbitration, and Class Action Waiver
This Section will apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section notwithstanding the Section regarding Choice of Law, Jurisdiction, and Venue, such provisions will not apply to you. IN PARTICULAR, IF YOU LIVE IN THE EUROPEAN UNION, THIS SECTION DOES NOT APPLY TO YOU.
If you have any concerns regarding the Game Software or this Agreement, please contact House Pixel Games. If House Pixel Games is unable to resolve your concerns and a dispute remains between you and House Pixel Games, this Section explains how the parties have agreed to resolve it.
YOU AND HOUSE PIXEL GAMES AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE GAME SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. However, this Section does not apply to the following types of claims or disputes, which you or House Pixel Games may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND HOUSE PIXEL GAMES ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and House Pixel Games agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and House Pixel Games do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or House Pixel Games may commence an arbitration. Written notice to House Pixel Games must be sent via postal mail to: ATTN: Arbitration Notice, ABGHM, LLC (dba House Pixel Games), at its current business address noted at the beginning of this Agreement, which address may be updated from time to time.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.
The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
If you seek $10,000 or less, House Pixel Games agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. House Pixel Games agrees not to seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000, the arbitration costs, including arbitrator compensation, will be split between you and House Pixel Games according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
YOU AND HOUSE PIXEL GAMES AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION, EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and House Pixel Games also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations. If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and House Pixel Games agree that it will not be severable, that this entire Section will be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
17. Miscellaneous
This Agreement is the complete and entire agreement between you and House Pixel Games concerning the License to your use of the Game Software. This Agreement supersedes all prior agreements and representations, warranties, or understandings between you and House Pixel Games (whether negligently or innocently made but excluding any made fraudulently), regarding the same subject matter.
If any provision or part of any provision of this Agreement is for any reason held to be invalid, unenforceable, or contrary to any applicable public policy, law, or statute by a Court of competent jurisdiction, such provision will be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement will not be affected thereby and will remain valid and enforceable.
This agreement can be amended only as provided herein or by a writing signed by both parties.
A party's failure or neglect to enforce any of its rights under this agreement will not be deemed a waiver of that or any other of its rights.
Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
You represent and warrant that you are not located in, under the control of, or a national or resident of any terrorist supporting country to which encryption exports are at the time of exportation restricted by the U.S. Bureau of Export Administration.
18. Term, Termination, and Survival
Without prejudice to any other rights of House Pixel Games, the License will remain in effect for as long as you install, use, operate, or run the Game Software in compliance with this Agreement, subject to your continued Steam subscription. However, if the Game Software is designated as “Beta” or “Demo” software, in such case, the License under this Agreement may be for a limited duration and may be revoked by House Pixel Games at any time, in its sole discretion.
The License will terminate automatically, however, if you fail to comply with the terms and conditions of this Agreement. In such event, you must uninstall it from your computer(s) and destroy all copies of the Game Software in your possession, custody, or control.
You may terminate the License at any time by uninstalling it from your computer(s) or other applicable hardware and destroying all copies of the Game Software in your possession, custody, or control.
All other Sections of this Agreement will survive any termination of the License of the License Section.
19. Notices or Questions
If you have any questions concerning this Agreement, please contact House Pixel Games, Attention to Legal Department, as follows:
http://housepixelgames.com/contact-us/
OR
House Pixel Games (a dba of ABGHM, LLC)
15151 SURVEYOR BLVD., SUITE A
ADDISON, TEXAS 75001
BY INSTALLING THE GAME SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) AS SET FORTH BY ABGHM, LLC dba “HOUSE PIXEL GAMES,” LOCATED AT 15151 SURVEYOR BLVD., SUITE A, ADDISON, TEXAS 75001.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS.
IN ADDITION, THIS AGREEMENT IS SUBJECT TO THE STEAM SUBSCRIBER AGREEMENT AND ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SUBSCRIPTION SERVICE.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT BEFORE INSTALLING THE GAME SOFTWARE, HOUSE PIXEL GAMES DOES NOT GRANT YOU THE LICENSE (DEFINED BELOW) TO THE GAME SOFTWARE.
This Agreement was created or last updated on February 9, 2018 (the “Revision Date”). If you agreed to a previous version of this Agreement at the time you installed the Game Software before the Revision Date, this Agreement replaces your prior agreement with House Pixel Games on the day that you explicitly accept it. If you prefer to continue using the Game Software under the version of the Agreement in effect prior at the time you installed the Game Software without accepting this Agreement, you are free to do so.
Table of Contents
1. Game Software. 2
2. Beta or Demo Software. 2
3. Steam Subscription Required. 3
4. Minimum System Requirements. 3
5. Ownership. 3
6. Data Collection and Privacy Policy. 4
7. License. 4
8. License Conditions and Restrictions. 4
9. No Guarantees. 6
10. Warranty Disclaimers. 6
11. Limitations on Liability. 7
12. “Epic” Warranty Disclaimers and Limitations of Liability. 8
13. Injunction. 9
14. Indemnity. 10
15. Choice of Law, Jurisdiction, and Venue. 10
16. Dispute Resolution, Binding Arbitration, and Class Action Waiver 10
17. Miscellaneous. 12
18. Term, Termination, and Survival 13
19. Notices or Questions. 13
1. Game Software
The term “Game Software” includes the software included in this video game entitled MOWIN’ & THROWIN’, the associated media, any software associated with any online mode of the video game (subject to any additional terms of use applicable to such online mode), any online or electronic documentation, any printed materials, manuals, and any and all copies of such software and materials, as of the time of first installing this video game.
From time to time, but without any obligation to do so and in its sole discretion, House Pixel Games may offer down loadable content (“DLC”), such as patches, updates, modifications, or additional content or features related to the Game Software, with or without additional charge.
If a new or amended end user license agreement is not required to install, copy, or otherwise use such DLC, this Agreement will apply to any such DLC, which will be deemed as part of the Game Software.
If a new or amended end user license agreement is required to install, copy, or otherwise use such DLC, but you do not accept any new or amended end-user license agreement required for such DLC that may be in effect at that time, such DLC will not be considered part of the Game Software, no license will be granted to such DLC, and this Agreement will not pertain to such DLC; however, your License to the Game Software without such DLC will continue.
2. Beta or Demo Software
If the Game Software is designated as “Beta” (i.e., a test version) or “Demo” (i.e., a demonstration version) of the Game Software, the License under this Agreement may be for a limited duration and may be revoked by House Pixel Games at any time, in its sole discretion.
Regarding any “Beta” software, House Pixel Games may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software.
Regarding any “Beta” software, in addition to the warranty disclaimers and limitations of liability below as applicable, you specifically acknowledge and agree that “Beta” software is only released for testing and improvement purposes, in particular to provide House Pixel Games with feedback on the quality and usability of the Beta software, and therefore contains errors, is not final, and may create incompatibilities or damage to your computer, data, and/or software. If you decide to install and/or use Beta software, you will only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta software could cause any kind of damage to you or to your system. In particular, you further agree to maintain full backups of any system on which you choose to install Beta software.
Any Beta software is subject to the additional terms and conditions of the “Beta Software License” under the Steam Subscription Agreement with Valve Corporation.
3. Steam Subscription Required
You acknowledge and agree that installation and use of the Game Software requires a Steam user Account under the Steam Subscription Service of Valve Corporation, which is subject to the applicable Steam Subscription Agreement of Valve Corporation.
You acknowledge and agree that the installation and use of the Game Software may require a Product Key to the Game Software.
In addition, you acknowledge and agree that the installation and use of the Game Software may require your system to be running the Steam client and maintaining a connection to the Internet.
House Pixel Games does not and cannot control your user Account with Steam, your login or password to your user Account with Steam, the Steam Subscription Service, or your relationship with Valve Corporation.
4. Minimum System Requirements
You acknowledge that the Game Software will not be operable on all computer, console, handheld device, or other electronic devices. The Game Software will specify certain “Minimum System Requirements” for adequate game play (in the sole discretion and judgment of House Pixel Games) on one or more types of computer, console, handheld device, or other electronic device using the Game Software. Nevertheless, House Pixel Games does not and cannot control your system, third-party software, or third-party networks. Operability, performance, and game experience using the Game Software on your particular system may vary or be affected or controlled by you or third parties. At times, products, actions, or inactions of yourself or such third parties may impair, disrupt, or prevent the operation of the Game Software. House Pixel Games does not and cannot guarantee that such events will not occur.
5. Ownership
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by House Pixel Games or its licensors.
You agree and acknowledge that the Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, and the copyright laws of other countries.
You agree and acknowledged that the brand “HOUSE PIXEL” for the Game Software is protected by the trademark laws of the United States, international trademark treaties and conventions, and the trademark laws of other countries.
All rights are reserved worldwide.
The Game Software contains certain materials licensed by House Pixel Games from others, and House Pixel Games and House Pixel Games’ licensors may protect their rights in the event of any violation of this Agreement.
6. Data Collection and Privacy Policy
You agree and acknowledge that the Game Software may collect information about your use of the Game Software, including information you provide directly or through automated means, such as geolocation (only if you choose to share it), program usage, time stamp, device and OS identification, login credentials, product keys, and other information as outlined in House Pixel Games’ applicable Privacy Policy.
House Pixel Games may use such information for purposes specified in the applicable Privacy Policy, such as identity management, security, auditing, marketing, service delivery, and product improvement.
7. License
House Pixel Games grants to you the non-exclusive, non-transferable, limited right and license (the “License”) to install, access, and use the Game Software under one (1) Steam Account. You acknowledge and agree that the Game Software is licensed to you and that a copy of the Game Software is not sold to you.
All rights not specifically granted under the License are hereby reserved by House Pixel Games and, as applicable, by its licensors. The Game Software is licensed to you, not sold. The License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
8. License Conditions and Restrictions
As a condition of the License, you agree that you will abide by the safety information, game instructions, maintenance instructions, or other relevant notices that may be contained in the video game and the manual that is included with the Game Software.
Furthermore, you agree to only use the Game Software, or any part of it, in a manner that is consistent with the License and you will not, except as otherwise explicitly permitted by House Pixel Games in writing:
(a) use or permit the use of the Game Software except under the License one (1) STEAM subscription at the same time, except for any limited multi-player mode included in the Game Software;
(b) use or permit use of the Game Software in a network, multi-user arrangement, or remote access arrangement, including any online use;
(c) make or permit the making of copies of the Game Software or any part thereof, except for backup or archival purposes;
(d) make or permit the making of copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) create or permit the creating of data or executable programs that copy or mimic data or functionality in the Game Software;
(f) create or permit the creating of derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, will be deemed assigned to, and will belong to, vest in and be the exclusive property of House Pixel Games or its licensors on creation, in any event);
(g) copy, use, display, or perform derivative works of the Game Software, in whole or in part;
(h) use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center, or any other location-based site;
(i) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of the Game Software or any copies of the Game Software.
(j) reverse engineer, derive source code, modify, decompile, or disassemble the Game Software or derivative works of the Game Software;
(k) remove, disable, or circumvent any security protections or any technical measures that control copying or access to the Game Software;
(l) cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game Software;
(m) violate any terms, policies, licenses, or code of conduct for any online features of the Game Software;
(n) violate any terms, policies, licenses, or code of conduct for any online forum regarding the Game Software;
(o) restrict, inhibit, or interfere with any other user licensed by House Pixel Games from using and enjoying any offline or online features of the Game Software;
(p) remove, modify, deface, or circumvent any proprietary trademarks, labels, or notices contained in, displayed by, or made by the Game Software;
(q) transport, export, or re-export the Game Software or any copy or adaptation into any country forbidden to receive the Game Software by any U.S. export laws or regulations, U.S. Economic sanctions, in violation of any applicable U.S. laws or regulations, or the laws of the country in which the Game Software was obtained;
(r) use or allow the use of the Game Software within any country forbidden to receive the Game Software by any U.S. export laws or regulations, U.S. Economic sanctions, in violation of any applicable U.S. laws or regulations, or the laws of the country in which the Game Software was obtained;
(s) transport, import, or re-import the Game Software into any country in violation of any applicable laws or regulations of that country; and
(t) use or allow the use of the Game Software by individuals located in any country in violation of any applicable laws or regulations of that country.
9. No Guarantees
House Pixel Games does not guarantee continuous and error-free operation of the Game Software.
10. Warranty Disclaimers
You acknowledge and agree that use of the Game Software is at your sole risk.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” 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, OR NON-INFRINGEMENT.
The Game Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. House Pixel Games and its licensors disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Game Software, 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 House Pixel Games 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, House Pixel Games makes no warranty that (1) any of the Game Software will operate properly, (2) that the Game Software will meet your requirements, (3) that the operation of the Game Software will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Game Software can or will be corrected, (5) that the Game Software is or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game Software, or will not revoke approval of this Game Software 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 House Pixel Games and its licensors. House Pixel Games does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game Software. This paragraph will apply to the maximum extent permitted by applicable law.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HOUSE PIXEL GAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY LIMITED WARRANTY.
Some states of the United States and other jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, House Pixel Games’ and its licensors’ liability will be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances will any implied warranty required by law exceed the minimum period required by applicable law.
11. Limitations on Liability
IN NO EVENT WILL HOUSE PIXEL GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF:
LOST OR CORRUPTED DATA OR FILES,
LOST OR CORRUPTED PERSONAL, BUSINESS, OR OTHER INFORMATION, OR
DAMAGE TO OR FAILURES OF COMPUTERS, CONSOLES, HANDHELD DEVICES, OR OTHER ELECTRONIC DEVICES,
LOST PROFITS,
LOSS OF GOODWILL,
DAMAGE TO PROPERTY, OR
PERSONAL INJURIES,
EVEN IF HOUSE PIXEL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
FURTHERMORE, IN NO EVENT WILL HOUSE PIXEL GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT.
House Pixel Games does not and cannot control the flow of data to, from, or through any network or the Internet, wireless networks, or third-party networks. Such flow depends in large part on the performance of equipment and services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupts your flow of data. House Pixel Games does not and cannot guarantee that such events will not occur. TO THE FULLEST EXTENT OF APPLICABLE LAW, HOUSE PIXEL GAMES DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE GAME SOFTWARE.
HOUSE PIXEL GAMES’ TOTAL LIABILITY IN ALL CASES WILL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HOUSE PIXEL GAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES WILL CREATE A LIABILITY OR IN ANY WAY INCREASE THE SCOPE OF ANY LIMITATION ON DAMAGES.
If you are a resident of an EU member state, notwithstanding anything to the contrary set out in this section, House Pixel Games is responsible for loss or damage you suffer that is a reasonably foreseeable result of House Pixel Games’ breach of this Agreement or its negligence, but it is not responsible for loss or damage that is not foreseeable.
12. “Epic” Warranty Disclaimers and Limitations of Liability
The Game Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games (“Epic”).
All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. House Pixel Games, 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, House Pixel Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game Software, (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 this Game Software, or will not revoke approval of this Game Software 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 House Pixel Games and Epic. House Pixel Games, 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 House Pixel Games, Epic, Epic’s Licensors, nor its or their affiliates, nor any of House Pixel Games’ 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 House Pixel Games, Epic, Epic’s Licensors, nor its or their affiliates, nor any of House Pixel Games’ 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 House Pixel Games’, 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 House Pixel Games, 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 House Pixel Games, Epic, Epic’s Licensors, its and their affiliates, and any of House Pixel Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
Epic Games is a third-party beneficiary of this Agreement. “Epic Games” means, depending on the location of your primary residence or primary place of business: (a) Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or (b) Epic Games International S.à r.l., a Luxembourg Société à Responsibilité Limitée, located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxembourg, acting through its Swiss branch, having its principal business offices at Lindenstrasse 16, 6340 Baar, Switzerland.
13. Injunction
You agree that if the terms of this Agreement are not specifically enforced, House Pixel Games will be irreparably damaged, and, therefore, you agree that House Pixel Games will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of this Agreement, including temporary and permanent injunctive relief, in addition to any other remedies available to it under the applicable law.
14. Indemnity
You agree to indemnify, defend, and hold harmless House Pixel Games, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
15. Choice of Law, Jurisdiction, and Venue
You and House Pixel Games agree that this Agreement is to be construed and to be interpreted in accordance with and governed in all respects by the substantive laws of the State of Texas and the United States, without regard to conflicts or choice of law provisions, as such law is applied to agreements between Texas residents and entered into and to be performed within Texas.
You and House Pixel Games agree the sole and exclusive personal jurisdiction and venue for actions related to the subject matter of this Agreement will be the state or federal courts for House Pixel Games at its principal corporate place of business, that is, Dallas County, Texas, U.S.A. You and House Pixel Games each waive any objection based on the venue or inconvenience of such a forum.
You and House Pixel Games agree the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to this Agreement or to any dispute or transaction arising out of this Agreement. However, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident.
16. Dispute Resolution, Binding Arbitration, and Class Action Waiver
This Section will apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section notwithstanding the Section regarding Choice of Law, Jurisdiction, and Venue, such provisions will not apply to you. IN PARTICULAR, IF YOU LIVE IN THE EUROPEAN UNION, THIS SECTION DOES NOT APPLY TO YOU.
If you have any concerns regarding the Game Software or this Agreement, please contact House Pixel Games. If House Pixel Games is unable to resolve your concerns and a dispute remains between you and House Pixel Games, this Section explains how the parties have agreed to resolve it.
YOU AND HOUSE PIXEL GAMES AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE GAME SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. However, this Section does not apply to the following types of claims or disputes, which you or House Pixel Games may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND HOUSE PIXEL GAMES ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and House Pixel Games agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and House Pixel Games do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or House Pixel Games may commence an arbitration. Written notice to House Pixel Games must be sent via postal mail to: ATTN: Arbitration Notice, ABGHM, LLC (dba House Pixel Games), at its current business address noted at the beginning of this Agreement, which address may be updated from time to time.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.
The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
If you seek $10,000 or less, House Pixel Games agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. House Pixel Games agrees not to seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000, the arbitration costs, including arbitrator compensation, will be split between you and House Pixel Games according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
YOU AND HOUSE PIXEL GAMES AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION, EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and House Pixel Games also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations. If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and House Pixel Games agree that it will not be severable, that this entire Section will be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
17. Miscellaneous
This Agreement is the complete and entire agreement between you and House Pixel Games concerning the License to your use of the Game Software. This Agreement supersedes all prior agreements and representations, warranties, or understandings between you and House Pixel Games (whether negligently or innocently made but excluding any made fraudulently), regarding the same subject matter.
If any provision or part of any provision of this Agreement is for any reason held to be invalid, unenforceable, or contrary to any applicable public policy, law, or statute by a Court of competent jurisdiction, such provision will be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement will not be affected thereby and will remain valid and enforceable.
This agreement can be amended only as provided herein or by a writing signed by both parties.
A party's failure or neglect to enforce any of its rights under this agreement will not be deemed a waiver of that or any other of its rights.
Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
You represent and warrant that you are not located in, under the control of, or a national or resident of any terrorist supporting country to which encryption exports are at the time of exportation restricted by the U.S. Bureau of Export Administration.
18. Term, Termination, and Survival
Without prejudice to any other rights of House Pixel Games, the License will remain in effect for as long as you install, use, operate, or run the Game Software in compliance with this Agreement, subject to your continued Steam subscription. However, if the Game Software is designated as “Beta” or “Demo” software, in such case, the License under this Agreement may be for a limited duration and may be revoked by House Pixel Games at any time, in its sole discretion.
The License will terminate automatically, however, if you fail to comply with the terms and conditions of this Agreement. In such event, you must uninstall it from your computer(s) and destroy all copies of the Game Software in your possession, custody, or control.
You may terminate the License at any time by uninstalling it from your computer(s) or other applicable hardware and destroying all copies of the Game Software in your possession, custody, or control.
All other Sections of this Agreement will survive any termination of the License of the License Section.
19. Notices or Questions
If you have any questions concerning this Agreement, please contact House Pixel Games, Attention to Legal Department, as follows:
http://housepixelgames.com/contact-us/
OR
House Pixel Games (a dba of ABGHM, LLC)
15151 SURVEYOR BLVD., SUITE A
ADDISON, TEXAS 75001