Last updated: 9th July, 2024

Hello Defender! Let me introduce you to our end user license agreement (aka. EULA). Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.

• A. I am a [Your Streaming Platform] streamer, can I play (and hence ”stream”) your game?
  Yes! You can. Feel free to contact us via contact@anawimstudios.com if you have any questions about music or the game’s content.
  Keep in mind that we are not responsible for any user-generated content you create or post during the stream.
  
  
• B. I am an artist/content-creator, can I make and post fan-art and/or gameplay footage and/or “let’s play” videos to social media platforms?
  Yes! You can, even if you monetize them. As long as it promotes Iconia Defenders in a clear way (for example, mentioning it in the description or top comment).
  Keep in mind that we are not responsible for any user-generated content you create or post.

• A. By clicking "accept agreement" when you first install the Game, you agree to be bound by the provisions of this EULA.
  
• B. This EULA is a legal agreement between you (hereinafter sometimes referred to as “You,” “End User” or “Licensee”) and Studios Anawim Inc. (“Anawim Studios”) for Iconia Defenders, which may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product”). Without limiting the foregoing, the term “Software Product” also includes:
  (i) any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered, whether via a Website (as defined below), tangible media or any other delivery method;
  (ii) any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices, or other sensory content (the “Game Content”);
  (iii) any and all related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
  (iv) any and all upgrades, modified versions, patches, corrections, updates, additions, extensions, expansion packs, add-ons, DLC and copies of the Software Product (the “Upgrades”) provided to you by Anawim Studios, or authorized licensees of Anawim Studios.

It is hereby understood and agreed that, as between You and Anawim Studios, Anawim Studios is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether online, by disk or otherwise. With the only exception of 3rd party assets and/or tools (which belongs to their respective owners).
You, as licensee, through your downloading, installing, copying, or use of this Software Product do not acquire any ownership rights to the Software Product.

• A. The Software Product is licensed to you by Anawim Studios for use only under the terms and conditions of this EULA. The Software Product is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Anawim Studios’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
  
• B. In the event that Anawim Studios, in its sole discretion, elects to provide any Software Product-related services or in-game features to you directly in the future, such services and features may be subject to further terms and conditions set forth in an updated or separate EULA.
  
• C. The Software Product may require an Internet connection to be played, access Internet-based features, authenticate the Software Product, and perform other functions.
  
• D. The terms of this EULA will govern any Upgrades provided by Anawim Studios that replace and/or supplement the original Software Product, unless such Upgrades are accompanied by a separate license in which case the terms of that license will govern.

• A. Subject to your agreement to and continuing compliance with this EULA, Anawim Studios hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable end user license to:
  (i) install the Software Product on the local hard disk(s) or other permanent storage media of a computer or other game play device solely owned by you or under your legitimate control (such computer/game play device sometimes referred to herein as a “Unit”); and
  (ii) use the Software Product for your personal, non-commercial purposes only.
  
• B. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce or distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA and Documentation. Under no circumstances will your use, display, modification, reproduction, and distribution of the Game Content or Software Product give you any intellectual property or proprietary rights in the Game Content or Software Product or in any logos and/or trade or service marks of Anawim Studios. All rights, title, and interest in and to the Software Product belong solely to Anawim Studios and its licensors.
  {*]C. You shall not:
  (i) Copy or reproduce, auction, loan, lease, rent, sublicense, gift or transfer the Software Product;
  (ii) Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
  (iii) Modify, adapt, translate, or create derivative works based on the Software Product or any accompanying materials.
  Any use of the Software Product in violation of these limitations shall be regarded as an infringement of Anawim Studios’s copyrights and/or other rights in and to the Software Product.
  
• D. By accepting the terms of this EULA, you further agree that you shall not, under any circumstances:
  (i) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Software Product;
  (ii) Exploit the Software Product or any of its parts for any commercial purpose (unless previously agreed between the parties), including without limitation:
  (ii.a) use at a cyber café, computer gaming center or any other location-based site; or
  (ii.b) performing in-game services in exchange for payment outside the Software Product, e.g., power-leveling;
  (iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels that may be contained on or within the Software Product; or
  (iv) Use any obscene, pornographic, provocative or racist language or material in the Software Product or on Forums or websites (as defined below) relating to the Software Product.
  Any use of the Software Product in violation of these limitations will be regarded as a breach of this EULA and will be pursued to the fullest extent permissible under applicable law.

• A. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations shall be void.
  
• B. Anawim Studios have the right, at any time, without notice to you, to:
  (i) unilaterally suspend or modify the Software Product process and the Software Product conditions;
  (ii) modify or delete any information, including statements and declarations, posted by you on chats relating to the Software Product or on forums through which you can communicate with other users of the Software Products (such chats and forums, collectively, the “Forums”);
  (iii) improve or modify the Software Product, or any of its parts; and
  (iv) modify the hardware or system requirements to run the Software Product.
  
• C. The Unit on which you play the Software Product must at meet least the minimum system requirements. Anawim Studios shall never be liable if the hardware or software performance of your Unit prevents the Software Product from working correctly, even if your Unit meets the minimum hardware or system requirements for the Software Product.

By installing and using the Software Product, you consent to the information collection and usage terms set forth in this section and Anawim Studios’s Privacy Policy https://anawimstudios.com/privacy-policy. Anawim Studios may collect information from or about you when you use the Software Product, such as online ID, hardware configuration, gameplay behavior, progress and other data, scores, rankings, achievements, platform type, Internet service provider (ISP) and software usage, which are gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Anawim Studios may use any collected information to improve its products, administer the Software Product, or to provide services or technologies to you. In addition, Anawim Studios may use your software usage information for the purpose of research, development, administration, support, and marketing of Anawim Studios’s products and services. If you do not want your information used or shared in this manner, then you should not use the Software Product
For more information about which information and data Anawim Studios may collect from you and how Anawim Studios uses it, please read Anawim Studios’s Privacy Policy https://anawimstudios.com/privacy-policy.

• A. This EULA is effective until terminated. Licensee may terminate it at any time by destroying the Software Product, including without limitation all copies, full or partial, and removing all of its component parts. Anawim Studios may terminate this EULA at any time for any reason. The term of this EULA runs concurrently with the period during which Licensee uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the EULA is transferred with it.
  
• B. Your rights under this EULA will terminate automatically without notice from Anawim Studios if you fail to comply with any term(s) or condition(s) of this EULA. In such an event, no notice shall be required by Anawim Studios to effect such termination.
  
• C. Upon termination of this EULA for any reason, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.

• A. As between You and Anawim Studios, Anawim Studios shall retain and own all rights, title, and interest, including without limitation any and all copyrights, trademarks and other intellectual property rights of any kind, in the Software Product and all elements thereof and any modifications or improvements made thereto, including without limitation any Game Content, Upgrades, updates, and Documentation.
  
• B. You acknowledge Anawim Studio’s exclusive rights in the Software Product and that the Software Product is unique and original to Anawim Studios and that Anawim Studios is its owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Anawim Studios’s exclusive right and title to the Software Product or the validity thereof.
  
• C. You shall not attempt to develop any software product that contains the “look and feel” of this Software Product without previous approval from Anawim Studios.
  
• D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent discover shall be promptly disclosed to Anawim Studios and shall be deemed the confidential information of Anawim Studios.
  
• E. This section shall expressly survive the termination or expiration of this EULA.

Any download, installation, or use of the Software Product involves products and/or technical data that may be subject to Canadian export or import regulations and may be subject to export or import regulations in other countries. By downloading, installing or otherwise using any Software Product, you are agreeing to comply strictly with all such regulations. You may not export or import the Software Product except as authorized by Canadian law and the laws of the jurisdiction in which the Software Product was obtained.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANAWIM STUDIOS AND ANAWIM STUDIOS’S AFFILIATES (COLLECTIVELY REFERRED TO AS “ANAWIM STUDIOS” FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANAWIM STUDIOS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANAWIM STUDIOS OR ANAWIM STUDIOS’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT 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 LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

• A. Anawim Studios does not accept liability for:
  (i) any possible criminal actions committed by End User;
  (ii) statements of End User, made or published in the Software Product or on the Forums relating to the Software Product, or End User’s behavior in the Software Product. And
  (iv) the loss of End User’s in-game services or information, including in-game currencies and virtual items.
  
• B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANAWIM STUDIOS, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ANAWIM STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANAWIM STUDIOS’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH A PRODUCT OF COMPARABLE RETAIL VALUE, AS ANAWIM STUDIOS MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.

You hereby agree to indemnify, defend and hold harmless Anawim Studios and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from: (A) your breach of any term of this EULA; (B) your violation of any rights of any third party; or (C) your use or misuse of the Software Product or any component thereof. Your indemnification obligations set forth in the immediately preceding sentence shall expressly survive the termination or expiration of this EULA.
You agree that Anawim Studios would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Anawim Studios shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies Anawim Studios may otherwise have available to it under applicable laws. This section shall expressly survive the termination or expiration of this EULA.
This EULA will be governed by and construed in accordance with the laws of the Province of Québec and of Canada. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located within Québec, Canada for making and resolving any such claims. Anawim Studios reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
A failure on the part of Anawim Studios to act with respect to a breach by you or others of this EULA does not waive Anawim Studios’s right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.