| Language: |
1. Introduction
The software product accompanying this End User License Agreement (“EULA″), which includes video game-related software and may include associated media, printed media, and on-line or electronic documentation (collectively, the “Software Product”) is owned and operated by ALX Theory L.L.C., a Nevada limited liability company (“ALX Theory,” “we,” or “us”). This EULA governs your use of our Software Product. This EULA includes information about usage, licensing, and intellectual property. Please read this EULA carefully.
2. Consent and Capacity
In order to use our services, you must be at least thirteen (13). Your use of our services is conditioned on your acceptance of this EULA. If you do not agree with this EULA, please discontinue your use of the Software Product.
By accessing, downloading, installing, or using the Software Product, you warrant that have read this EULA, understand it, and agree to be bound by its terms and conditions as well as our Privacy Policy, which is hereby incorporated.
3. Intellectual Property Rights
It is hereby understood and agreed that, as between you and ALX Theory, ALX Theory is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether online or otherwise. You, as licensee, through your downloading, installing, copying or use of this Software Product do not acquire any ownership rights to the Software Product.
You acknowledge ALX Theory’s exclusive rights in the Software Product and that the Software Product is unique and original to ALX Theory and that ALX Theory is owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, ALX Theory’s exclusive right and title to the Software Product or the validity thereof. You shall not attempt to develop any software product that contains the “look and feel” of the Software Product. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law.
This section shall expressly survive the termination or expiration of this EULA.
4. Grant of License and Restrictions
Subject to your agreement to and continuing compliance with this EULA, ALX Theory hereby grants, and you hereby accept, a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the Software Product for your personal, non-commercial entertainment purposes on devices that you own or control (“Unit”) and that are authorized by the applicable distribution platform.
5. Scope of License and Restrictions
You shall not: (a) copy or reproduce, auction, loan, lease, rent, sublicense, gift or transfer the Software Product; (b) electronically transfer the Software Product through a LAN (local area network) or file sharing network; or (c) modify, adapt, translate, or create derivative works based on the Software Product or any accompanying materials. Any use of the Software Product in violation of these limitations will be regarded as a breach this EULA and will be pursued to the fullest extent permissible under applicable law.
From time to time, ALX Theory may provide you with support services related to the Software Product (“Support Services”). ALX Theory reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
ALX Theory shall have the right, at any time, without notice to you to: (i) unilaterally terminated, suspend or modify the Software Product process and the Software Product conditions; (ii) modify or delete any information, including statements and declarations, posted by you on chats relating to the Software Product or on forums through which you can communicate with other users of the Software Product (such chats and forums, collectively, the “Forums”); (iii) improve or modify the Software Product, or any of its parts; and (iv) modify the hardware or system requirements to run the Software Product. There is no guaranty that ALX Theory will maintain the Software Product. ALX Theory shall never be liable if the hardware or software performance of your Unit prevents the Software Product from working, even if your Unit meets the minimum hardware or system requirements for the Software Product.
6. Online Services and Availability
The Software Product may include multiplayer features, matchmaking, cloud saves, live operations, chat, leaderboards, downloadable content, cross-play, seasonal events, or other online or hosted functionality (collectively, "Online Services"). ALX Theory does not guarantee that any Online Services will be available at all times, in all locations, or without interruption, latency, error, or degradation.
ALX Theory may conduct maintenance, updates, repairs, or emergency actions that temporarily or permanently affect access to the Software Product or Online Services. ALX Theory may also impose reasonable limits on bandwidth, storage, usage, or access in order to protect the Software Product, its systems, or other users.
7. Rules of Conduct
You agree not to use the Software Product, any Online Services, or any related community spaces to: (a) harass, threaten, abuse, stalk, defame, intimidate, or harm any person; (b) post, transmit, or share any content that is unlawful, fraudulent, infringing, obscene, sexually explicit in a prohibited context, hateful, discriminatory, or otherwise objectionable; (c) impersonate any person or entity or misrepresent your affiliation with any person or entity; (d) distribute malware, spyware, malicious code, or harmful files; (e) engage in fraud, phishing, spamming, account farming, boosting, griefing, win-trading, or other disruptive or unfair conduct; (f) exploit bugs or vulnerabilities without promptly reporting them to ALX Theory; or (g) violate any additional code of conduct, community policy, tournament rule, or posted policy applicable to the Software Product.
ALX Theory may investigate suspected misconduct and may remove content, restrict functionality, suspend access, reset Software Product progress or virtual items obtained through misconduct, or terminate accounts for violations.
8. User Generated Content
The Software Product may permit you to create, upload, transmit, stream, post, share, or otherwise make available content, including usernames, avatars, chat, screenshots, videos, gameplay clips, mods, maps, levels, skins, feedback, comments, or other materials (collectively, "UGC"). You retain ownership of any UGC that you independently create, subject to the rights you grant in this Agreement and any third-party rights in underlying materials.
You grant ALX Theory and its affiliates, service providers, platform partners, licensees, successors, and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to host, store, reproduce, modify, adapt, translate, reformat, create derivative works from, publish, publicly perform, publicly display, distribute, transmit, communicate, make available, and otherwise use your UGC in any media and by any means now known or later developed for any purpose relating to the Software Product, ALX Theory’s business, advertising, promotion, operation, improvement, or legal compliance.
ALX Theory specifically disclaims any liability with regard to UGC. This provision shall survive any termination of this EULA.
9. Disclaimer
The Software Product includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”).
THE SOFTWARE PRODUCT, ITS CONTENT, AND EPIC MATERIALS ARE “AS IS” AND WITH ALL FAULTS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. YOU ACCESS THE SOFTWARE PRODUCT AND EPIC MATERIALS AT YOUR OWN RISK UNDERSTANDING THAT ALX THEORY, EPIC AND THEIR AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALX THEORY AND EPIC DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT OR THE EPIC MATERIALS, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT OR THE EPIC MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE EPIC MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT OR EPIC MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALX THEORY SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
10. Third-Party Services and Content
The Game may interoperate with, link to, or include content, technology, software, services, or websites provided by third parties, including Steam, payment processors, voice or chat providers, analytics providers, anti-cheat vendors, mod platforms, social media services, or community tools (collectively, "Third-Party Services").
ALX Theory does not control and is not responsible for Third-Party Services. Your use of Third-Party Services may be subject to separate terms and privacy notices between you and the third party. ALX Theory disclaims all liability arising from Third-Party Services to the fullest extent permitted by law.
11. Limitation of Liability
ALX Theory does not accept liability for: (i) any possible criminal actions committed by End User; (ii) statements of End User, made or published in the Software Product or on the Forums relating to the Software Product, or End User’s behavior in the Software Product, including the conduct, manner and ideology of the in-game characters managed by End User, any actions of in-game characters in the Software Product, and/or any disrespect for other end users and their in-game characters; (iii) End User’s inability to access his/her platform Account (e.g., as the result of End User’s loss of login, password and other information required for participation in the Software Product); or (iv) the loss of End User’s in-game services, including in-game currencies and virtual items.
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, ALX THEORY DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE PRODUCT. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER. IN ANY CASE, ALX THEORY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS ALX THEORY MAY ELECT IN ITS SOLE DISCRETION. ALX THEORY, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, ALX THEORY’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
12. Indemnification
You agree to indemnify and hold harmless ALX Theory and its affiliates and their respective members, managers, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses (including reasonable attorneys’ fees) related to or stemming from any use of the Software Product or your breach of this EULA and any other policies incorporated into this agreement.
13. Choice of Law
This EULA and any disputes arising from the use of the Software Product are governed by and construed according to the law of the state of Nevada. Each party agrees to submit to the courts of the state of Nevada and that the state of Nevada has personal jurisdiction over the matter. ALX Theory reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
14. Severability
If any provision of this Agreement becomes or is adjudicated to be invalid or unenforceable in any respect, all remaining provisions will continue to be valid and enforceable. To the greatest extent possible, the invalid or unenforceable provision will be interpreted to eliminate any invalidity or unenforceability in a manner consistent with both its original terms and the intent of the parties as manifested by the remaining provisions.
15. Changes to This EULA
We may update this EULA from time to time. If any updates are made to this EULA, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Software Product, and registered users will receive an additional email. Please check this page frequently for updates.
16. Contact Us
If you have any questions, comments, or concerns about this EULA or our services, please contact us via email at http://mailto:swordeye@alxtheory.com.
Effective Date: 06/22/2026
[/url] </main>