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Definitions
- "Agreement" means this End-User License Agreement that forms the entire agreement between You and Sticklen Games.
- "Application" means the game or software program provided by Sticklen Games downloaded by You through Steam.
- "You" means the individual accessing or using the Application, or allowing other individuals to use the application via the individual's steam account.
- "Sticklen Games" means the publisher of the game - i.e. the Australian Partnership - Sticklen Games.
- "Code" means any source code, third-party service code, or any binary data associated with the Application.
- "Unintended Execution means the execution of any code (whether as part of an official Steam build, third-party service Code, or workshop/user code) that does not fulfill the intended purpose.
- "Associate" means any related party providing binary data or involved in the development of the Game in any way.
By clicking the "Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button, and do not download or do not use the Application.
License
Scope of License Sticklen Games grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreements.
License Restrictions You agree not to and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application of make the Application available to any third party.
- Remove or modifiy any notice of copyright or trademark of
Sticklen Games or its affiliates, partners, suppliers or the licensors of the Application.
Modifications to the Application
Sticklen Games reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Sticklen Games may occasionally provide enhancements or improvements to the Application of any nature, which may include patches, bug fixes, updates, upgrades and other modifications. These changes may modify or delete certain features, functionality or data of the Application. You agree that Sticklen Games has no obligation to provide any updates or changes to the software. Furthermore, you agree that Sticklen Games will not be liable for any lost data that occurs with these modifications.
All updates or changes made by Sticklen Games to the existing Application will be subject to the terms and conditions of this Agreement.
Maintenance and Support
Sticklen Games is not required to provide any maintenance or supprt of the download and use of the Application, unless required by applicable law.
Third-Party Services
The Application may integrate third-party content or services into the Application. You acknowledge and agree that Sticklen Games will not be responsible for any aspect related to a third-party service such as accuracy, completeness, timeliness, validity, copyright compliance, legaility, decency or quality. You agree that Sticklen Games will not be held liable by any damages incurred by these third-party services or the lack of thereof any third-party services (e.g. loss of game data).
Indemnification
You agree to indemnify, defend, and hold harmless Sticklen Games, its partners, affiliates, employees, agents, associates, licensors, and any party involved in the development, distribution, or support of the Application from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:
- Your use or misuse of the Application
- Any breach of this Agreement or applicable laws and regulations.
- Any violation of the rights of a third party.
- Any loss, malfunction, or damages caused by the Intended or Unintended Execution of the Application’s Code or any Third-Party Service Code.
Additionally, You agree to indemnify and hold the Sticklen Games and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorney's fees, due to or arising out of any loss of data, malfunctioning, Unintended Execution or Intended Execution of the Application's code, malfunctioning or Unintended Execution or Intended Execution of any Third-Party Service's code.
Warranty
The Application is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind - excluding returns and refunds as per Steam's standard refunds policy.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Sticklen Games and any of its associates under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application.
To the maximum extent permitted by applicable law, in no event shall Sticklen Games or its associates be liable
for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits, loss of data or other information, for business interruption, for personal injury,
loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party
software and/or third-party hardware used with the Application, or otherwise in connection with any
provision of this Agreement), even if Sticklen Games or any associate has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Sticklen Games’ total liability for any claim arising from or related to the use of the Application shall not exceed the amount You paid for the Application.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under
this Agreement shall not effect a party's ability to exercise such right or require such performance at any
time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
US and Australian Legal Compliance
United States and Australian Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to the United States or Australian
government embargo, or that has been designated by the United States or Australian government as a "terrorist
supporting" country, and - You are not listed on any United States or Australian government list of prohibited or
restricted parties.
Changes to this Agreement
The Sticklen Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a
revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at the sole discretion of Sticklen Games.
By continuing to access or use the Application after any revisions become effective, You agree to be bound
by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the
Application.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Sticklen Games regarding your use of the
Application and supersedes all prior and contemporaneous written or oral agreements between You and
the Sticklen Games.
You may be subject to additional terms and conditions that apply when You use or purchase this or other
Sticklen Games services/applications, which the Sticklen Games will provide to You at the time of such use or purchase if any.
You will also be subject to Steam's own terms and conditions that apply when You use or purchase this Application from Steam.