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The Lexicon Application (“Game”) made available in the Steam store (https://store.steampowered.com) is licensed, not sold, to you by Illum Softworks LLC (“Licensor”, “we”, or “us”). Your license to this Game is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). This EULA applies to the Game and all related sites, applications, data, and other services.
Licensor reserves all rights, title, and interest in the Game, including all associated intellectual property rights.
By downloading the Game, you also agree to be bound by Licensor’s Terms of Use and Privacy Policy, each as may be amended from time to time.
1. Scope of License
Subject to these Terms of Use and your payment of any required fees (if applicable), Licensor hereby grants to you a worldwide, limited, revocable, non-exclusive, non-transferable, non-sublicensable, and perpetual license to download and use the Game on your own device to the extent permitted by its intended functionality for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Game through official published applications or intended methods that Licensor or our licensed partners make available to you. Any access or use of our Game through an application, service, or method provided by a party other than Licensor or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Licensor in writing, is strictly prohibited and a violation of this Agreement.
The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Game as well as upgrades provided by Licensor that replace or supplement the original Game, unless such upgrade is accompanied by a separate EULA.
2. Restrictions
Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Game, including any translations or localizations thereof; (b) access or use the Game through an application or means not authorized by Licensor; (c) copy, store, edit, change, exploit, download, modify, prepare any derivative work of, or alter in any way any of the content made available through the Game; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time-sharing or simultaneous use of, or otherwise exploit the Game to or for the benefit of any third party; (e) distribute or make the Game available over a network where it could be used by multiple devices at the same time; (f) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Game; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Game; (h) publish or provide any results of any Game, in whole or in part, aggregated or otherwise, to a third party without the prior written consent of Licensor, except that you may live-stream the Game on streaming online services such as Twitch and Youtube; (i) provide your username and password used to access the Game to any third party for any purpose other than protection or encryption of account credentials; (j) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, spider, harvest, or monitor any part of the Game; (k) circumvent any technological measures employed by or on behalf of Licensor to protect the Game; (l) use any other technologies or initiate any other activities that may harm the Game, or the interests or property of Licensor or other users of the Game; or (m) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
You agree that you will not use the Game in any manner that could damage, disable, overburden or impair the Game or interfere with any other party’s use and enjoyment of the Game. You will not use the Game to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation.
3. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Game. Licensor may use this information to improve its products or to provide services or technologies to you.
By downloading the Game, you also agree to the collection, use, and sharing of your data in accordance with Licensor’s Terms of Use and Privacy Policy.
4. Termination
Licensor may revoke and/or terminate the foregoing license with respect to any aspect of the Game at any time, for any or no reason. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
5. External Services
The Game may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Game or External Service is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
6. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Licensor HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, 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 OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTEEN DOLLARS ($15.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Export/Re-Export
You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list.
9. Commercial Items
The Game and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Governing Law; Arbitration of Disputes
This EULA and the relationship between you and Licensor shall be governed by the laws of the State of North Carolina, excluding its choice-of-law principles. You and Licensor agree that to submit any and all disputes that may arise out of, are connected with, or relate to this EULA, the Game, or the Platform, to the personal and exclusive jurisdiction of the courts located within the county of Mecklenburg, North Carolina, to resolve any dispute or claim arising from this Agreement, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required herein. Furthermore, in no event will the terms of this section limit Licensor's ability to investigate complaints or reported violations of this EULA, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
If you have any dispute with us or any related third party, arising out of, relating to, or connected with this EULA or the Game, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction.
If Licensor or you does not resolve the dispute through good faith negotiations under such informal resolution process, either party may assert such claim(s) individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth herein.
Licensor reserves all rights, title, and interest in the Game, including all associated intellectual property rights.
By downloading the Game, you also agree to be bound by Licensor’s Terms of Use and Privacy Policy, each as may be amended from time to time.
1. Scope of License
Subject to these Terms of Use and your payment of any required fees (if applicable), Licensor hereby grants to you a worldwide, limited, revocable, non-exclusive, non-transferable, non-sublicensable, and perpetual license to download and use the Game on your own device to the extent permitted by its intended functionality for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Game through official published applications or intended methods that Licensor or our licensed partners make available to you. Any access or use of our Game through an application, service, or method provided by a party other than Licensor or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Licensor in writing, is strictly prohibited and a violation of this Agreement.
The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Game as well as upgrades provided by Licensor that replace or supplement the original Game, unless such upgrade is accompanied by a separate EULA.
2. Restrictions
Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Game, including any translations or localizations thereof; (b) access or use the Game through an application or means not authorized by Licensor; (c) copy, store, edit, change, exploit, download, modify, prepare any derivative work of, or alter in any way any of the content made available through the Game; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time-sharing or simultaneous use of, or otherwise exploit the Game to or for the benefit of any third party; (e) distribute or make the Game available over a network where it could be used by multiple devices at the same time; (f) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Game; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Game; (h) publish or provide any results of any Game, in whole or in part, aggregated or otherwise, to a third party without the prior written consent of Licensor, except that you may live-stream the Game on streaming online services such as Twitch and Youtube; (i) provide your username and password used to access the Game to any third party for any purpose other than protection or encryption of account credentials; (j) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, spider, harvest, or monitor any part of the Game; (k) circumvent any technological measures employed by or on behalf of Licensor to protect the Game; (l) use any other technologies or initiate any other activities that may harm the Game, or the interests or property of Licensor or other users of the Game; or (m) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
You agree that you will not use the Game in any manner that could damage, disable, overburden or impair the Game or interfere with any other party’s use and enjoyment of the Game. You will not use the Game to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation.
3. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Game. Licensor may use this information to improve its products or to provide services or technologies to you.
By downloading the Game, you also agree to the collection, use, and sharing of your data in accordance with Licensor’s Terms of Use and Privacy Policy.
4. Termination
Licensor may revoke and/or terminate the foregoing license with respect to any aspect of the Game at any time, for any or no reason. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
5. External Services
The Game may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Game or External Service is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
6. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Licensor HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, 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 OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTEEN DOLLARS ($15.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Export/Re-Export
You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list.
9. Commercial Items
The Game and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Governing Law; Arbitration of Disputes
This EULA and the relationship between you and Licensor shall be governed by the laws of the State of North Carolina, excluding its choice-of-law principles. You and Licensor agree that to submit any and all disputes that may arise out of, are connected with, or relate to this EULA, the Game, or the Platform, to the personal and exclusive jurisdiction of the courts located within the county of Mecklenburg, North Carolina, to resolve any dispute or claim arising from this Agreement, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required herein. Furthermore, in no event will the terms of this section limit Licensor's ability to investigate complaints or reported violations of this EULA, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
If you have any dispute with us or any related third party, arising out of, relating to, or connected with this EULA or the Game, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction.
If Licensor or you does not resolve the dispute through good faith negotiations under such informal resolution process, either party may assert such claim(s) individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth herein.