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Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines and End User License Agreement. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
General Considerations and Definitions
The term “Game” or “Games” means the demo version of our interactive entertainment product “Cosmorons”, available on the Xbox platform, as well as all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
By accessing the Game, or downloading (including but not limited to any re-installation or duplicate installation of the Game, whereby your initial acceptance of these terms will apply to any future re-installation or duplicate installation), you hereby accept the Community Guidelines, and End User License Agreement contained herein (collectively the “Agreements”) in full. Do not continue to use the Game(s) if you do not accept all of the terms and conditions set forth below.
The following terminology applies to these Terms of Service, End User License Agreement, and any or related agreements referenced herein: "End User", “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. "The Company", “Blind Squirrel”, “Ourselves”, “We”, “Our” and "Us", refers to our company, Blind Squirrel Entertainment, Inc. and its affiliates. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, by any lawful means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
End User License Agreement
Your use of the Game is governed by the End User License Agreement (the “EULA”), and those in-game policies Blind Squirrel may from time to time deploy or enforce at its sole and exclusive discretion. The EULA is not meant to be exhaustive and is incorporated into this Agreement by this reference as provided herein.
1. License
We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Platform or Games. We prohibit the copying, reproduction, and circumvention of technology of Games beyond the terms of this license. Our Games and any technology embodied therein are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
2. License Terms
If you accept and comply with the terms of this Agreement, Blind Squirrel will grant, and you will receive, a limited, revocable, non- sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth below, as follows:
• You may install applicable components or features of the Games on one or more computers or mobile devices under your legitimate control.
• You may use the Game for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
• You may not transfer your rights and obligations to use the Game.
In all such cases and for any rights granted herein by Blind Squirrel, the following limitations apply:
• You represent that you are an adult in your country of residence, or you are at least thirteen (13) if you reside in the United States. You agree to this End User License Agreement on behalf of yourself and, at your discretion, for minor children for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you (however, please review our Privacy Policy if you are a parent or guardian prior to allowing any child to play our Games);
• Except as otherwise set forth under this license, you may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game;
• You must comply with the Community Guidelines set forth below. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to Blind Squirrel or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
• Absent a valid distribution Agreement between you and Blind Squirrel, you may not commercially exploit the Game, or make it available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file- sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
• You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game;
• You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
• You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us;
• You may not provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
• You may not facilitate, create or maintain any unauthorized connection to the Game, including without limitation any connection using programs or tools not expressly approved by us; and
• You may not violate any applicable law or regulation in connection with your use of the Game.
3. Community Guidelines
Our community guidelines explain limits and restraints on end user behavior that may bring harm to our community. These guidelines may be updated from time to time, and different versions of the community guidelines may exist in connection with specific social media or engagements, digital communities, or digital platforms, and may be updated from time to time. By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
• Nothing you publicly share regarding the Game, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third-party;
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will NOT harass other users. Harassment includes but is not limited to:
o Publicly disclosing personally identifiable information of another End User of the Game;
o Stalking, doxing, or otherwise infringing on the privacy of any End User of the Game;
o Disparaging, defaming, name-calling, or engaging in any form of discrimination against another End User of the Game;
o Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to any End User of the Game; or
o Using exploits, hacks, or third-party tools to obtain an unfair advantage against other End Users.
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game; You will not engage in solicitation or advertise other products or services to End Users of the Game without our prior consent (e-mail is sufficient); and
• You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (e-mail is sufficient).
4. User Comments and Feedback
We may elect to offer various opportunities to interact and share your opinions and thoughts with us and other End Users regarding the Game via our forum, social media pages, Discord, through the Game’s Steam page and other online storefronts. However, please note that the opinions or views expressed, or statements made (other than by Blind Squirrel’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Blind Squirrel.
We do not review, edit or modify User Comments prior to their publication on any of our forums. However, we reserve the right to remove or modify such User Comments shared for any reason. By sharing User Comments and accepting the terms of the Community Guidelines provided in Section 4, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website, or any other communications directed by you to Blind Squirrel (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Blind Squirrel, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
5. User Generated Content
We encourage our End Users to create and share your fan art, fan fiction, video montages, Let's Play videos, and other creative content regarding the Game (herein "User Generated Content"). We also encourage streaming and recording your game play and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv--for the purpose of these Agreements, we also consider your streams and videos containing our Game "User Generated Content". For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any gameplay that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome). We only ask that, as a courtesy, you send us a note or @ us in a tweet to let us know when you're streaming so we have a chance to support and promote those who are supporting and promoting our Game.
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content, you grant us an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content must comply with our End User License Agreement. Failure to comply with any of the terms contained therein may result in our banning your IP or otherwise restricting your access to the Game and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
Please note that you may only use our trademarks and logos as provided herein and in reference to our products and Services, and for no other purpose.
6. Infringing Content
To the extent possible under International Law, Blind Squirrel is not liable for any copyright infringement arising from any User Generated Content shared with the Community regarding our Game. However, under the Digital Millennium Copyright Act of 1998, we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials contained in our Game or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you believe has been infringed;
• A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
• A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.
The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing copyrightagent@blindsquirrelgames.com.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
• Your physical or electronic signature;
• your name, address, and phone number;
• identification of the material and its location before it was removed;
• a statement under penalty of perjury that the material was removed by mistake or misidentification;
• your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
• your consent to accept service of process from the party who submitted the takedown notice.
7. Third-Party Software
Blind Squirrel relies on third-party licensors and software in connection with providing the Platform and Games. By way of example, but by no means a limitation of the foregoing, Blind Squirrel has integrated various third party software, technology and solutions into the Games (collectively, the “3rd Party Technology”). Except to the extent required for your operation and use of the Game, you may not: (i) use, copy, reproduce, integrate, distribute, display, perform, adapt, enhance, modify, alter, create derivative works of, or otherwise exploit the 3rd Party Technology; (ii) decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code (or the underlying ideas, algorithms, structure, or organization) of the 3rd Party Technology; or (iii) assign, sublicense, or otherwise transfer the 3rd Party Technology. You are prohibited from any effort to reverse engineer or otherwise circumvent any rights related technology in the 3rd Party Technology, and you are further prohibited from offering the 3rd Party Technology as a stand-alone product.
Any attempt to circumvent, modify, or alter the 3rd Party Technology in connection with the Game will result in the immediate revocation of your license (as set forth herein), and Blind Squirrel preserves any and all other legal rights and claims, including but not limited to claims by third-party licensors.
8. Ownership and Independent Origin
All characters, events, and portrayals contained in Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third- party content remains with its respective owners.
9. Terms of Service
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Game (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Due to the fact that the Demo is provided free of charge, we will not be liable for any loss or damage of any nature.
10. Trademarks
The Blind Squirrel trademarks (“Blind Squirrel Marks”) may only be used: (1) in connection with the activities listed as acceptable in the Community Guidelines; AND (2) when the applicable Blind Squirrel policy associated with that activity specifically references your right to use the Blind Squirrel Marks pursuant to this policy. For instance, the fan site, community eSports tournament and custom maps policies all permit the use of Blind Squirrel Marks pursuant to this policy.
You may use the Blind Squirrel Marks only for non-commercial purposes, except as permitted by the applicable policy.
The Blind Squirrel Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
Use the appropriate trademark symbol (™, ®) listed below the first time that a Blind Squirrel Mark appears in your material (e.g. “Blind Squirrel®”).
You should provide credit to Blind Squirrel by using the credit lines associated with the Blind Squirrel Marks that you use (please see the User Generated Content section under our EULA).
Do Not:
• alter a Blind Squirrel logo other than to adjust the overall size of the logo;
• modify or alter a Blind Squirrel Mark or logo or use them in a way that confuses Blind Squirrel or its games with another brand, game, or game developer/publisher;
• use a Blind Squirrel Mark in a plural or possessive form;
• use a Blind Squirrel Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
• use a Blind Squirrel Mark in conjunction with your name or any other trademark or trade name, e.g. “Cosmorons”;
• use the Blind Squirrel Marks in a way that is deceptive, harmful, obscene or disparaging to others;
• present or feature a Blind Squirrel Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
• use a Blind Squirrel Mark in the domain name of your website's URL;
• apply for trademark registration of a product, service, etc., with a name that includes a Blind Squirrel Mark or, any variation thereof;
• use a Blind Squirrel Mark in a manner that, in Blind Squirrel’s sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate;
• use a Blind Squirrel Mark in any manner than implies a relationship with, sponsorship, or endorsement by Blind Squirrel, unless otherwise authorized by Blind Squirrel in writing.
11. DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE VIA THE PLATFORM, SERVICES OR GAME AND RELATED SOFTWARE THEREIN, INCLUDING THE UNREAL ENGINE LICENSED TO BLIND SQUIRREL BY EPIC GAMES, INC., ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
12. NO WARRANTIES
BLIND SQUIRREL AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE GAME. WE SHALL NOT BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
13. LIMITATION OF LIABILITY
YOUR USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. DUE TO THE FACT THAT THE DEMO IS PROVIDED FREE OF CHARGE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE. FURTHER, IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO,DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (E.G., LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE PLATFORM OR GAMES.
14. Term and Termination
Term. This Agreement is effective upon your initial download of the Game, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using the Game. In the event that Blind Squirrel chooses to cease providing access to the Game, or license to a third-party the right to provide access to the Game, Blind Squirrel shall provide you with no less than thirty (30) days’ prior notice. Neither the Game nor Blind Squirrel’s agreement to provide access to the Game shall be considered a rental or lease of time on the capacity of Blind Squirrel’s servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying Blind Squirrel by email at legal@blindsquirrelgames.com.
Blind Squirrel reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Blind Squirrel Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Blind Squirrel may provide you with a prior warning and/or suspend your use of the Blind Squirrel Account due to your non- compliance prior to terminating the Agreement or modifying or deleting a Blind Squirrel Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Blind Squirrel Account prior to any termination of this Agreement. In addition, you will not be able to use the Services.
15. General
•Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
•Embargos. Neither the Game nor Services may be used, re- exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
•Assignment. Blind Squirrel may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Blind Squirrel’s prior written consent. Your assignment of this Agreement without Blind Squirrel’s prior written consent shall be void.
•No Waiver. Blind Squirrel’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Blind Squirrel may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
•Force Majeure. Blind Squirrel shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, pandemic, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond Blind Squirrel’s control.
•Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
•Entire Agreement. This EULA, along with Blind Squirrel’s other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
•Survival. All provisions reasonably necessary to preserve any and all rights and available claims by Blind Squirrel survive termination of this Agreement for any reason.
Copyright (C) 2024 Blind Squirrel Entertainment, Inc. (“BSEI”). Blind Squirrel®, its respective logos, and Cosmorons TM are each trademarks owned by BSEI or its affiliates.
General Considerations and Definitions
The term “Game” or “Games” means the demo version of our interactive entertainment product “Cosmorons”, available on the Xbox platform, as well as all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
By accessing the Game, or downloading (including but not limited to any re-installation or duplicate installation of the Game, whereby your initial acceptance of these terms will apply to any future re-installation or duplicate installation), you hereby accept the Community Guidelines, and End User License Agreement contained herein (collectively the “Agreements”) in full. Do not continue to use the Game(s) if you do not accept all of the terms and conditions set forth below.
The following terminology applies to these Terms of Service, End User License Agreement, and any or related agreements referenced herein: "End User", “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. "The Company", “Blind Squirrel”, “Ourselves”, “We”, “Our” and "Us", refers to our company, Blind Squirrel Entertainment, Inc. and its affiliates. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, by any lawful means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
End User License Agreement
Your use of the Game is governed by the End User License Agreement (the “EULA”), and those in-game policies Blind Squirrel may from time to time deploy or enforce at its sole and exclusive discretion. The EULA is not meant to be exhaustive and is incorporated into this Agreement by this reference as provided herein.
1. License
We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Platform or Games. We prohibit the copying, reproduction, and circumvention of technology of Games beyond the terms of this license. Our Games and any technology embodied therein are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
2. License Terms
If you accept and comply with the terms of this Agreement, Blind Squirrel will grant, and you will receive, a limited, revocable, non- sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth below, as follows:
• You may install applicable components or features of the Games on one or more computers or mobile devices under your legitimate control.
• You may use the Game for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
• You may not transfer your rights and obligations to use the Game.
In all such cases and for any rights granted herein by Blind Squirrel, the following limitations apply:
• You represent that you are an adult in your country of residence, or you are at least thirteen (13) if you reside in the United States. You agree to this End User License Agreement on behalf of yourself and, at your discretion, for minor children for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you (however, please review our Privacy Policy if you are a parent or guardian prior to allowing any child to play our Games);
• Except as otherwise set forth under this license, you may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game;
• You must comply with the Community Guidelines set forth below. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to Blind Squirrel or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
• Absent a valid distribution Agreement between you and Blind Squirrel, you may not commercially exploit the Game, or make it available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file- sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
• You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game;
• You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
• You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us;
• You may not provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
• You may not facilitate, create or maintain any unauthorized connection to the Game, including without limitation any connection using programs or tools not expressly approved by us; and
• You may not violate any applicable law or regulation in connection with your use of the Game.
3. Community Guidelines
Our community guidelines explain limits and restraints on end user behavior that may bring harm to our community. These guidelines may be updated from time to time, and different versions of the community guidelines may exist in connection with specific social media or engagements, digital communities, or digital platforms, and may be updated from time to time. By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
• Nothing you publicly share regarding the Game, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third-party;
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will NOT harass other users. Harassment includes but is not limited to:
o Publicly disclosing personally identifiable information of another End User of the Game;
o Stalking, doxing, or otherwise infringing on the privacy of any End User of the Game;
o Disparaging, defaming, name-calling, or engaging in any form of discrimination against another End User of the Game;
o Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to any End User of the Game; or
o Using exploits, hacks, or third-party tools to obtain an unfair advantage against other End Users.
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game; You will not engage in solicitation or advertise other products or services to End Users of the Game without our prior consent (e-mail is sufficient); and
• You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (e-mail is sufficient).
4. User Comments and Feedback
We may elect to offer various opportunities to interact and share your opinions and thoughts with us and other End Users regarding the Game via our forum, social media pages, Discord, through the Game’s Steam page and other online storefronts. However, please note that the opinions or views expressed, or statements made (other than by Blind Squirrel’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Blind Squirrel.
We do not review, edit or modify User Comments prior to their publication on any of our forums. However, we reserve the right to remove or modify such User Comments shared for any reason. By sharing User Comments and accepting the terms of the Community Guidelines provided in Section 4, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website, or any other communications directed by you to Blind Squirrel (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Blind Squirrel, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
5. User Generated Content
We encourage our End Users to create and share your fan art, fan fiction, video montages, Let's Play videos, and other creative content regarding the Game (herein "User Generated Content"). We also encourage streaming and recording your game play and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv--for the purpose of these Agreements, we also consider your streams and videos containing our Game "User Generated Content". For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any gameplay that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome). We only ask that, as a courtesy, you send us a note or @ us in a tweet to let us know when you're streaming so we have a chance to support and promote those who are supporting and promoting our Game.
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content, you grant us an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content must comply with our End User License Agreement. Failure to comply with any of the terms contained therein may result in our banning your IP or otherwise restricting your access to the Game and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
Please note that you may only use our trademarks and logos as provided herein and in reference to our products and Services, and for no other purpose.
6. Infringing Content
To the extent possible under International Law, Blind Squirrel is not liable for any copyright infringement arising from any User Generated Content shared with the Community regarding our Game. However, under the Digital Millennium Copyright Act of 1998, we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials contained in our Game or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you believe has been infringed;
• A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
• A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.
The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing copyrightagent@blindsquirrelgames.com.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
• Your physical or electronic signature;
• your name, address, and phone number;
• identification of the material and its location before it was removed;
• a statement under penalty of perjury that the material was removed by mistake or misidentification;
• your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
• your consent to accept service of process from the party who submitted the takedown notice.
7. Third-Party Software
Blind Squirrel relies on third-party licensors and software in connection with providing the Platform and Games. By way of example, but by no means a limitation of the foregoing, Blind Squirrel has integrated various third party software, technology and solutions into the Games (collectively, the “3rd Party Technology”). Except to the extent required for your operation and use of the Game, you may not: (i) use, copy, reproduce, integrate, distribute, display, perform, adapt, enhance, modify, alter, create derivative works of, or otherwise exploit the 3rd Party Technology; (ii) decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code (or the underlying ideas, algorithms, structure, or organization) of the 3rd Party Technology; or (iii) assign, sublicense, or otherwise transfer the 3rd Party Technology. You are prohibited from any effort to reverse engineer or otherwise circumvent any rights related technology in the 3rd Party Technology, and you are further prohibited from offering the 3rd Party Technology as a stand-alone product.
Any attempt to circumvent, modify, or alter the 3rd Party Technology in connection with the Game will result in the immediate revocation of your license (as set forth herein), and Blind Squirrel preserves any and all other legal rights and claims, including but not limited to claims by third-party licensors.
8. Ownership and Independent Origin
All characters, events, and portrayals contained in Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third- party content remains with its respective owners.
9. Terms of Service
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Game (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Due to the fact that the Demo is provided free of charge, we will not be liable for any loss or damage of any nature.
10. Trademarks
The Blind Squirrel trademarks (“Blind Squirrel Marks”) may only be used: (1) in connection with the activities listed as acceptable in the Community Guidelines; AND (2) when the applicable Blind Squirrel policy associated with that activity specifically references your right to use the Blind Squirrel Marks pursuant to this policy. For instance, the fan site, community eSports tournament and custom maps policies all permit the use of Blind Squirrel Marks pursuant to this policy.
You may use the Blind Squirrel Marks only for non-commercial purposes, except as permitted by the applicable policy.
The Blind Squirrel Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
Use the appropriate trademark symbol (™, ®) listed below the first time that a Blind Squirrel Mark appears in your material (e.g. “Blind Squirrel®”).
You should provide credit to Blind Squirrel by using the credit lines associated with the Blind Squirrel Marks that you use (please see the User Generated Content section under our EULA).
Do Not:
• alter a Blind Squirrel logo other than to adjust the overall size of the logo;
• modify or alter a Blind Squirrel Mark or logo or use them in a way that confuses Blind Squirrel or its games with another brand, game, or game developer/publisher;
• use a Blind Squirrel Mark in a plural or possessive form;
• use a Blind Squirrel Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
• use a Blind Squirrel Mark in conjunction with your name or any other trademark or trade name, e.g. “Cosmorons”;
• use the Blind Squirrel Marks in a way that is deceptive, harmful, obscene or disparaging to others;
• present or feature a Blind Squirrel Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
• use a Blind Squirrel Mark in the domain name of your website's URL;
• apply for trademark registration of a product, service, etc., with a name that includes a Blind Squirrel Mark or, any variation thereof;
• use a Blind Squirrel Mark in a manner that, in Blind Squirrel’s sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate;
• use a Blind Squirrel Mark in any manner than implies a relationship with, sponsorship, or endorsement by Blind Squirrel, unless otherwise authorized by Blind Squirrel in writing.
11. DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE VIA THE PLATFORM, SERVICES OR GAME AND RELATED SOFTWARE THEREIN, INCLUDING THE UNREAL ENGINE LICENSED TO BLIND SQUIRREL BY EPIC GAMES, INC., ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
12. NO WARRANTIES
BLIND SQUIRREL AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE GAME. WE SHALL NOT BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
13. LIMITATION OF LIABILITY
YOUR USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. DUE TO THE FACT THAT THE DEMO IS PROVIDED FREE OF CHARGE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE. FURTHER, IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO,DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (E.G., LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE PLATFORM OR GAMES.
14. Term and Termination
Term. This Agreement is effective upon your initial download of the Game, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using the Game. In the event that Blind Squirrel chooses to cease providing access to the Game, or license to a third-party the right to provide access to the Game, Blind Squirrel shall provide you with no less than thirty (30) days’ prior notice. Neither the Game nor Blind Squirrel’s agreement to provide access to the Game shall be considered a rental or lease of time on the capacity of Blind Squirrel’s servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying Blind Squirrel by email at legal@blindsquirrelgames.com.
Blind Squirrel reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Blind Squirrel Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Blind Squirrel may provide you with a prior warning and/or suspend your use of the Blind Squirrel Account due to your non- compliance prior to terminating the Agreement or modifying or deleting a Blind Squirrel Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Blind Squirrel Account prior to any termination of this Agreement. In addition, you will not be able to use the Services.
15. General
•Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
•Embargos. Neither the Game nor Services may be used, re- exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
•Assignment. Blind Squirrel may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Blind Squirrel’s prior written consent. Your assignment of this Agreement without Blind Squirrel’s prior written consent shall be void.
•No Waiver. Blind Squirrel’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Blind Squirrel may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
•Force Majeure. Blind Squirrel shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, pandemic, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond Blind Squirrel’s control.
•Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
•Entire Agreement. This EULA, along with Blind Squirrel’s other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
•Survival. All provisions reasonably necessary to preserve any and all rights and available claims by Blind Squirrel survive termination of this Agreement for any reason.
Copyright (C) 2024 Blind Squirrel Entertainment, Inc. (“BSEI”). Blind Squirrel®, its respective logos, and Cosmorons TM are each trademarks owned by BSEI or its affiliates.