This agreement (this “EULA”) is made between Salty Games Pty Ltd (ACN 661 173 182) of Unit 20/16 Charlton Court, Woolner, Northern Territory, 0820 (“Us”, "Licensor") and You (“You”, "Licensee") (together, the "Parties").

Permission to install the Demo of “Pasture: The Livestock Simulator” (the “Software”) is conditional upon You agreeing to the terms set out below. The Software is only offered to you on condition that you read and accept all the terms of this licence and accept these terms. We may amend the terms set out in this EULA from time to time without notice to reflect changes to the Software, our users’ needs, changes in law and our business priorities.

By clicking “I Accept”, you will be deemed to have accepted the following terms. If you do not wish to accept the terms, you must not click “I Accept” and you may not use the Software.

1 DEFINITIONS AND INTERPRETATION
1.1 (Definitions): Capitalised terms or expressions used in this EULA have the meaning set out in this clause.

Content means the Feedback and the Gameplay Data, and all other information generated by the Licensor or the Licensee in relation to the Software;

Demo means any version of the Software identified as a demo version;

Feedback means any commentary, suggestions, feedback or other information provided by the Licensee to the Licensor in relation to the Demo and the Software;

Gameplay Data means data and other information relating to the Demo and the use of the Software by the Licensee which may be collected from time to time by the Licensor for the purposes of improving the Software;

Licence has the meaning given in clause 2.1;

Personal Information has the meaning given in clause 9.1;

Social Media Content has the meaning given in 6.2

Software has the meaning given in the introduction to this EULA.

Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.

Third Party Website means a website operated by a third party.

2 LICENCE
2.1 Subject to acceptance of these terms, Licensor grants you a limited, revocable, royalty free, non-transferrable, non-sublicensable, non-exclusive license to install and use the Demo as described in clause 6(License).

2.2 The Demo is made available free of charge.

2.3 We do not guarantee that the Demo, or any part of it, will always be available, uninterrupted or be error-free.

We may suspend or withdraw or restrict the availability of all or any part of the Demo for any reason without notice.

3 LIMITATIONS
3.1 You must not:

(a) disclose the results of any study, review, or benchmark tests of the Software to any third party without Company’s prior written approval;

(b) copy, reproduce, translate, adapt, reverse engineer, decompile, vary or modify the Software without the express consent of the Licensor, except as expressly authorised by this EULA or part III division 4A of the Copyright Act 1968 (Cth);

(c) provide or otherwise make available the Software in any form to any person without the written consent of the Licensor;

(d) circumvent or attempt to circumvent any technical limitations or any copying or usage restriction mechanisms in the Software;

(e) give, lease, assign, licence, sub-licence, transfer, distribute, disclose, disseminate or publish the Software in any form to any other person or attempt to do any of these acts;

(f) use the Software:

(i) for educational or training purposes;

(ii) for the purpose of training an artificial intelligence model;

(iii) for any commercial purpose; or

(iv) for any purpose other than personal use as permitted by clause 6.

4 PROHIBITION ON USE OF SOFTWARE TO TRAIN AI
4.1 In addition to the limitations set out in clause 3 the Software, the Demo or any part of the Software or the Demo may not be used, directly or indirectly, for the training or development of large language models (LLMs) or any other artificial intelligence models.

4.2 The prohibition in this clause 4 includes, but is not limited to, using the data to enhance, train, or improve algorithms or models that process, generate, or understand natural language, software code, images or sounds, or any other element which is or may be licensed pursuant to this EULA to facilitate machine learning in any form.

4.3 By accessing or using the Software and the Demo, you agree to comply with this restriction and to ensure that no part of the Software or the Demo is employed in, used by or exposed to any form of AI or machine learning training processes.

4.4 You acknowledge and agree that any breach of this clause may cause Licensor irreparable harm for which monetary damages would be an insufficient remedy, and that as such the Licensor will be entitled to seek injunctive relief to prevent such use.

5 PERMITTED USE
5.1 You may make use of the Demo strictly for personal, non-commercial purposes as set out in this clause 5.

5.2 Subject to the terms of this EULA:

(a) you may stream, record, capture, broadcast or otherwise share (Publish) gameplay footage, gameplay images and sounds which form part of or are created by or with the Software on social media platforms (Social Media Content) provided that content must in its entirety comply with all applicable federal, state, local and international laws and regulations and the terms of this EULA; and

(b) you are entitled to monetise Social Media Content:

(i) where permitted by the terms of use attaching to such platforms; and

(ii) provided that such monetisation is incidental to and derived from the distribution of your Social Media Content, not from resale or commercial distribution of the Software itself.

5.3 You may only Publish Social Media Content with verbal, written or visual attribution of content through the prominent display of words to the effect that “This content was created in Pasture: The Livestock Simulator by Salty Games”.

5.4 You must not at any time, whether in Social Media Content or otherwise:

(a) represent yourself as an agent of the Licensor or otherwise claim any affiliation, sponsorship, endorsement or other relationship with the Licensor unless agreed in writing;

(b) make any representation, promise or guarantee on behalf of the Licensor; or

(c) make any misleading, deceptive or untrue statements concerning the Software or the Demo.

5.5 The Licensor may at any time by notice in writing:

(a) impose content standards in relation to Social Media Content;

(b) require you to take down, destroy, delete and remove any Social Media Content; or

(c) revoke your license to Publish Social Media Content at any time without cause by notice in writing.

5.6 You warrant that any Social Media Content you create will comply with this clause, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Software and the Demo will cease immediately.

6 TERM AND TERMINATION
6.1 The Licence is effective until terminated.

6.2 Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA.

6.3 The Licensor reserves the right to revoke the Licence at any time without reason.

6.4 Upon the termination, expiration, or revocation of the Licence, you may no longer use the Software and must destroy any copies in your possession or control, full or partial, including any associated documentation..

7 LICENSEE’S OBLIGATIONS
7.1 In consideration of the grant of the Licence, the Licensee agrees to comply with its obligations under this EULA.

7.2 Your use of the Demo does not grant you a right to a license to use the Software at any time.

8 USE OF DATA
8.1 You may be required to provide Licensor with information including but not limited to computer hardware specifications and computer software specifications. Licensor will not sell or otherwise disseminate any information provided without your prior consent.

8.2 The Software may contain an automatic update, automated reporting, or other features that periodically report to Licensor regarding your use of the Software, your configuration settings, and any errors you encounter during the Software or the Demo, or permit the Licensor to manually observe and collect such information (Gameplay Data). Gameplay Data is collected for the purpose of improving the functionality of the Software and you agree to the collection and use of the Gameplay Data by the Licensor for so long as the Software is installed.

9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Software is protected by copyright, trademark, and other laws of Australia and other countries. You acknowledge that nothing in this EULA is intended to transfer, assign or otherwise alter the ownership of any intellectual property rights contained in the Software.

9.2 Nothing in this Agreement gives You title to, or any right to use or exploit for any purpose the Software, Demo, the Licensor’s name, copyrights, trademarks, or other intellectual property.

10 YOUR RELATIONSHIP TO LICENSOR
10.1 Nothing in this Agreement is intended to constitute or create an express or implied partnership, joint venture, employee, contractor, agency, or other legal relationship between you and Licensor.

10.2 You must not represent yourself as an officer, employee, contractor, or agent of Licensor.

11 LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, Licensor shall not be liable for any indirect, special, incidental, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with the use or inability to use the Software, including, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the maximum extent permitted by law.

11.2 The Licensee expressly acknowledges that the Demo is undergoing continuous development and is a work in progress. It is provided for the purpose of testing and cannot be guaranteed error free. Licensee further acknowledges that the existence of any such errors does not constitute a breach of this EULA.

12 DISCLAIMERS
12.1 You acknowledge that installation and use of the Demo or the Software is at your own risk and that the Software has not been fully tested and may contain material defects or deficiencies.

12.2 The Software is provided as-is, and, except where expressly required to do so by law, the Licensor makes no express or implied warranty regarding the Software including its fitness for a particular purpose, merchantability, non-infringement, quiet enjoyment or title. No efforts by the Licensor to modify the Software shall be deed to be a waiver of these limitations.

12.3 While Licensor intends to introduce a commercial version of the Software, you acknowledge that Licensor has no obligation to release the Software or any similar product.

13 THIRD PARTY WEBSITES AND MATERIALS
13.1 Salty Games does do not verify, endorse or approve Third Party Material and provides no warranty or representation:

(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website;

(b) as to whether they infringe any intellectual property rights.

13.2 We have no control over the contents of those sites or resources, and you access third party links, channels or stores entirely at your own risk and subject to the terms and conditions of use for those websites. We are not responsible for:

(a) any offers, statements or representations that are made on behalf of a Third Party Website; or

(b) any virus, or other form of malicious computer program from Third Party Websites

14 APPLICATION OF LAWS
14.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this EULA (by virtue of any law relevant to this EULA) is excluded.

14.2 This End User License Agreement (EULA) may be subject to the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in this EULA is intended to exclude, restrict, or modify any rights or remedies you may have under the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited to the lesser of the purchase price of the product or the cost of repairing or replacing the goods.

15 REPRESENTATIONS AND WARRANTIES
15.1 Each party represents and warrants to the other that:

(a) it has full authority to enter into this EULA and is not bound by any agreement with any third party that adversely affects this EULA;

(b) it has and will maintain throughout the term of this EULA, all necessary powers, authority and consents to enter into and fully perform its obligations under this EULA.

16 ASSIGNMENT AND OTHER DEALINGS
16.1 You may not assign, novate, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this EULA without the prior written consent of the Licensor.

17 NO WAIVER
17.1 No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this EULA unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

18 SEVERABILITY
18.1 If the whole or any part of a provision of this EULA is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This clause does not apply if the severance of a provision of this EULA in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this EULA.

19 ENTIRE AGREEMENT
19.1 This agreement states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

20 GOVERNING LAW AND JURISDICTION
20.1 This agreement is governed by the law in force in the Northern Territory, Australia.

20.2 Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the Northern Territory, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this EULA.