This End User License Agreement (this "Agreement") is entered into by and between Stoke Games, Inc. a Delaware corporation ("Stoke"), and the individual who uses, downloads, installs, or otherwise accesses the Tyr video game (“Game”) made available by Stoke ("User"). By accessing the Game through Steam, User agrees to abide by the terms of this Agreement and Steam’s applicable Subscriber Agreement, which are herein incorporated by reference. "Steam" means the digital distribution platform for video games and related content offered by Valve Corporation, accessible at https://store.steampowered.com/.


The materials displayed or performed or available on or through the Game, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. User promises to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Game, and User won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Stoke’s) rights.

Subject to these Terms, we grant each User of the Games a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Game. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Game is expressly prohibited without prior written permission from Stoke. User understands that Stoke owns the Game. User won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Game. The Game may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

This license is provided subject to the terms of this Agreement and Steam’s Subscriber Agreement. Stoke is free to terminate (or suspend access to) your use of the Game for any reason in our discretion, including your breach of this Agreement. Stoke has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.

User acknowledges and agrees that the Game may be automatically updated, patched, or modified by Stoke or through Steam without prior notice, and that such updates may change the Game’s system requirements. User consents to such automatic updates. This Agreement does not entitle User to any future updates, new versions, expansions, or other enhancements of the Game, although Stoke may choose to provide such updates in its sole discretion.


User acknowledges that access to the Game is provided via Steam, and User must have a valid Steam account. User must comply with all applicable terms and conditions set forth by Steam during the use and play of Stoke’s Game. Any violation of Steam’s terms will also constitute a violation of this Agreement, which may result in termination of the User’s access to the Game.

User further acknowledges that Valve Corporation (“Valve”) may independently restrict, suspend, or terminate User’s access to the Game or User’s Steam account pursuant to the Steam Subscriber Agreement, including without limitation if Valve ceases providing the Game to similarly situated subscribers generally or if User breaches the Steam Subscriber Agreement. Stoke shall not be liable for any loss of access to the Game resulting from any action taken by Valve under the Steam Subscriber Agreement.


User represents and warrants that User is at least thirteen (13) years of age, or such higher minimum age as may be required by the laws of User's jurisdiction of residence. Users under the age of eighteen (18) (or the age of legal majority in their jurisdiction) represent that they have obtained the consent of a parent or legal guardian to enter into this Agreement and use the Game. For Users residing in the European Union or European Economic Area, User represents that User is at least sixteen (16) years of age, or such lower age as may be permitted by the applicable member state under Article 8 of Regulation (EU) 2016/679 (General Data Protection Regulation), and that any required parental or guardian consent has been obtained. Stoke reserves the right to terminate User's access to the Game if Stoke becomes aware that User does not meet the applicable age requirements set forth in this Section and will delete any User personal information as quickly as possible. Stoke does not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Game or send Stoke any personal information.

User represents and warrants that User is an individual of legal age to form a binding contract (or if not, User received User’s parent’s or guardian’s permission to use the Game and have gotten User’s parent or guardian to agree to these Terms on User’s behalf).


User agrees to use the Game in compliance with all applicable laws and regulations and in accordance with the terms of this Agreement and Steam's Subscriber Agreement. User shall not: (a) use cheats, exploits, automation software, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Game; (b) harass, threaten, abuse, or harm other users of the Game; (c) disrupt or interfere with the normal operation of the Game, including its servers, networks, or infrastructure; or (d) impersonate any person or entity, or misrepresent User's affiliation with any person or entity.

Further, User represents, warrants, and agrees that User will not provide or contribute anything to the Game, or otherwise use or interact with the Game, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Stoke);
  
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Stoke;
  
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  
• jeopardizes the security of your Steam account or anyone else’s (such as allowing someone else to log in to the Game as you);
  
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
  
• violates the security of any computer network, or cracks any passwords or security encryption codes;
  
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Game, or any processes that run or are activated while you are not logged into the Game, or that otherwise interfere with the proper working of the Game (including by placing an unreasonable load on the Game’s infrastructure);
  
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Game or Content (through use of manual or automated means);
  
• copies or stores any significant portion of the Content; or
  
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Game.

Stoke reserves the right, in its sole discretion, to suspend, restrict, or terminate User's access to the Game for any violation of this Section, without prior notice and without liability to User.

User acknowledges and agrees that Stoke may report User’s use of cheats, unauthorized process tampering, automation, or other violations of this Section to Valve, and that Valve may communicate User’s history of such conduct to Stoke, in each case within the boundaries of the Valve Privacy Policy and applicable law.


The Game may contain links or connections to third-party websites or services that are not owned or controlled by Stoke. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Stoke is not responsible for such risks.

Stoke has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Game. In addition, Stoke will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Game and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Game, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Game, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Stoke shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.


User may (but is not obligated to) provide Stoke with feedback, comments, and suggestions regarding the Game ("Feedback"). Stoke acknowledges and agrees that all Feedback is provided “AS IS” and without warranty of any kind. Stoke shall have the right to freely use, disclose, and exploit such Feedback for any purpose, without any obligation to the User. User hereby assigns to Stoke all rights, including intellectual property rights, in any Feedback provided, and agrees to assist Stoke in perfecting those rights if required.


User acknowledges and agrees that Stoke may collect, process, and store certain data in connection with User's use of the Game, including without limitation gameplay telemetry, crash reports, performance data, device and hardware information, and Feedback (collectively, "User Data"). Stoke shall use User Data for purposes of improving, developing, and optimizing the Game and related products and services. Stoke's collection and use of User Data shall be governed by Stoke's Privacy Policy, available at http://www.stoke.games/privacy-policy, which is hereby incorporated by reference. Requests regarding personal data may be directed to Stoke at support@stoke.games. If you believe that a child under 13 years of age may have provided Stoke personal information, please contact us at support@stoke.games.

User further acknowledges that Valve’s collection and use of User’s personal data in connection with the Steam platform is governed by the Valve Privacy Policy, available at http://www.valvesoftware.com/privacy.htm, which is separate from and in addition to Stoke’s Privacy Policy. User agrees to review and accept the Valve Privacy Policy as a condition of accessing the Game through Steam.


Any purchase of or payment for access to the Game is processed exclusively through Steam and is subject to Steam's applicable terms, conditions, and refund policies. Stoke does not directly process payments or refunds for the Game. User agrees that any requests for refunds shall be directed to Steam in accordance with Steam's refund policy. To the extent the Game includes virtual goods, virtual currency, in-game items, or other digital content ("Virtual Goods"), User acknowledges that such Virtual Goods are licensed to User under this Agreement and are not the property of User. Virtual Goods have no real-world monetary value and may not be sold, transferred, or exchanged outside of the Game. Stoke reserves the right to modify, remove, or discontinue any Virtual Goods at any time, particularly during the beta testing phase, without liability to User. For Users residing in the European Union or European Economic Area, nothing in this Section shall limit any statutory right of withdrawal or refund available under Directive 2011/83/EU (Consumer Rights Directive) or other applicable mandatory law.


USER UNDERSTANDS THAT THE GAME IS IN ITS BETA TESTING PHASE AND IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE GAME MAY CONTAIN BUGS, ERRORS, AND OTHER ISSUES THAT MAY RESULT IN UNEXPECTED BEHAVIOR, DATA LOSS, OR OTHER PERFORMANCE-RELATED PROBLEMS. STOKE DOES NOT WARRANT THAT THE GAME WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY STATUTORY WARRANTY RIGHTS THAT A USER RESIDING IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA MAY HAVE UNDER APPLICABLE MANDATORY LAW, INCLUDING BUT NOT LIMITED TO DIRECTIVE (EU) 2019/770 (DIGITAL CONTENT DIRECTIVE).


IN NO EVENT SHALL STOKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USER’S USE OF THE GAME, EVEN IF STOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STOKE’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY USER FOR THE GAME (IF ANY), OR $50, WHICHEVER IS LESS. NOTWITHSTANDING THE FOREGOING, FOR USERS RESIDING IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THIS SECTION SHALL NOT EXCLUDE OR LIMIT STOKE'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, (C) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, OR (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW.


Stoke reserves the right to modify or update the terms of this Agreement at any time. Any changes to the Agreement will be communicated to the User in writing, including through Steam or by email. Such changes will become effective upon notice to the User, and continued use of the Game after receiving notice constitutes acceptance of the updated terms. If User does not agree to the updated terms, User must discontinue use of the Game immediately. Notwithstanding the foregoing, for Users residing in the European Union or European Economic Area, (a) Stoke shall provide no less than thirty (30) days' prior written notice before any material modification to this Agreement becomes effective, (b) such Users shall have the right to terminate this Agreement without penalty within such notice period if they do not wish to accept the modified terms, and (c) continued use of the Game after the expiration of such notice period shall constitute acceptance of the modified terms.


User may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of Stoke. Any attempted assignment or transfer in violation of this section will be void and of no effect. Stoke may freely assign or transfer its rights and obligations under this Agreement without restriction.


No failure or delay by Stoke in exercising any right under this Agreement shall operate as a waiver of that right, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right. A waiver of any provision or right under this Agreement shall only be effective if made in writing and signed by an authorized representative of Stoke.


Stoke may terminate this Agreement at any time, with or without cause. Upon termination, the following provisions apply:

• Access to the Game: User must immediately cease accessing and using the Game and delete or uninstall all copies of the Game from all devices in the User’s possession.
  
• Survival of Certain Terms: Provisions relating to confidentiality, Feedback, warranty disclaimer, limitation of liability, governing law, arbitration, and any other terms which by their nature should survive, shall remain in effect after termination.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Notwithstanding the foregoing, if User is a consumer residing in the European Union or European Economic Area, this choice of law shall not deprive User of the protection afforded by provisions that cannot be derogated from by agreement under the laws of User's country of habitual residence, in accordance with Regulation (EC) No 593/2008 (Rome I).


Any disputes arising out of or relating to this Agreement or the Game shall be resolved exclusively by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in Los Angeles, California, and be conducted in English. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Each party shall bear its own costs in arbitration, except that the arbitrator may award attorneys' fees and costs in accordance with applicable law. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters related to confidentiality or intellectual property rights. This Section 12 shall not apply to Users residing in the European Union or European Economic Area. Such Users may bring claims against Stoke in the courts of their country of habitual residence in accordance with Regulation (EU) No 1215/2012 (Brussels I Recast), and nothing in this Agreement shall require such Users to submit to mandatory binding arbitration to the extent prohibited by applicable law.


Stoke shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from circumstances beyond Stoke's reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of governmental authorities, fire, flood, cyberattacks, internet or telecommunications failures, power outages, server failures, or any other force majeure event. During any such event, Stoke's obligations under this Agreement shall be suspended for the duration of the force majeure condition.


User represents and warrants that User is not located in, under the control of, or a national or resident of any country to which the United States has imposed an embargo, and that User is not listed on any United States government list of prohibited or restricted parties, including without limitation the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List. User agrees to comply with all applicable export control laws and regulations of the United States and any other applicable jurisdiction in connection with User's use of the Game, including without limitation the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.


This Agreement constitutes the entire understanding between Stoke and the User concerning the subject matter hereof and supersedes all prior discussions, agreements, or understandings, whether written or oral, related to this subject matter.