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End User License Agreement (“EULA”)
YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING, INSTALLING, USING OR PLAYING THE GAME OR ANY RELATED SOFTWARE (collectively, the “GAME”). THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY DOWNLOADING, INSTALLING, USING, OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT (AND YOU ARE NOT PERMITTED TO) DOWNLOAD, INSTALL, USE OR PLAY THE GAME.
BY DOWNLOADING, INSTALLING, USING, OR PLAYING THE GAME YOU CONFIRM THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT, THE BYOWLS TERMS OF SERVICE AND THE BYOWLS PRIVACY POLICY AND THAT YOU AGREE TO THE TERMS IN THIS AGREEMENT AND THE TERMS OF SERVICE, (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, OR YOU HAVE NOT READ AND UNDERSTOOD THE BYOWLS PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, OR USE THE GAME.
This Agreement is between you and ByOwls Inc. (“ByOwls”).
PHOTO-SENSITIVITY WARNING:
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. If you experience any of the following symptoms while playing the Game, immediately discontinue use and consult your physician before resuming play: blackouts, seizures, dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
VIRTUAL REALITY: HEALTH AND SAFETY PRECAUTIONS AND DISCLAIMERS
If the Software provides for virtual reality gameplay and/or the use of third-party virtual reality headsets and/or related equipment, the following health and safety precautions and disclaimers apply.
Failing to review and adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of your VR headset may cause property damage, personal injury to you or others, or death.
As with all virtual reality games, please also carefully read and follow all health and safety precautions from your virtual reality headset manufacturer before use.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PLAYING
Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including:
• epileptic seizures or loss of consciousness;
• altered vision;
• motion sickness, dizziness, disorientation, or nausea; and/or
• repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.
If you are pregnant or if you have any pre-existing medical condition, you should talk with a physician to obtain professional advice before playing the game.
You should not play the game under the influence of alcohol or drugs or while using prescription or non-prescription medication.
Always be aware of your surroundings when playing the game. When playing with a virtual reality headset or other headset it is best to remain seated if that mode is supported. Since the game is an immersive reality experience, you may not be able to fully see or hear your surroundings while playing. Whether or not you remain seated during gameplay, give yourself plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. Ensure you are in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards, or other objects or people that may pose a danger to you or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that you can be aware of your surroundings while playing, and to avoid any damage to your hearing.
YOU HEREBY RELEASE BYOWLS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SOFTWARE.
In no event shall ByOwls be liable for any damage to property, injury, or death (or for direct, indirect, punitive, incidental, or consequential damages) arising out of the use or misuse of the Software or any virtual reality headset or related equipment, including, without limitation, arising out of or connected with interactions between you and other people or objects in or around the play area during gameplay. You understand that misuse of the Software includes (without limitation) violations of any instructions or any warnings set forth on the packaging, documentation, and screenshots for your virtual reality headset, in this document, in other documentation accompanying the Software or the packaging for the Software. Failure to carefully read and follow those instructions and warnings could lead to property damage, injury, or death. You expressly assume and accept any risks inherent in (or that may be associated with) the use of the Software, and/or of the virtual reality headsets or related equipment. Some, but not all, of those risks are discussed in the warnings set forth above or the warnings accompanying the Software and the virtual reality headset. Please also see the section on “Limitation of Liability" below in this Agreement.
Any uses of the Game are governed by the terms of this Agreement and the ByOwls Terms of Service. The ByOwls Terms of Service are hereby incorporated into and form a part of this Agreement by this reference as if such provisions were fully restated in this Agreement. The End User License Agreement is an “EULA” and constitutes “Supplemental Terms” as contemplated by the ByOwls Terms of Service. The Game is made available and distributed solely for use by authorized end users according to the terms of this Agreement, including the ByOwls Terms of Service.
Any use, reproduction, modification, or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited. You agree that the Game, the Game Client, other Game-related software, Content (as defined in the Terms of Service) specific to the Game, and your access to and use of the Game are all a “Service” for this Agreement, including the ByOwls Terms of Service. Any rights not granted to you in this Agreement are reserved by ByOwls.
All software programs and any files that are delivered to you or made available to you by ByOwls, directly or indirectly through a ByOwls authorized reseller or distributor, (via online access, transmission, download, or otherwise), including any “patcher”, “installer”, and any updates and modifications to such software programs, and any copies and derivative works of such software programs (collectively, with the Game Client (defined below), the “Game”) is the copyrighted work of ByOwls and its affiliates.
OWNERSHIP OF THE GAME.
ByOwls will continue to be the owner of all rights, titles, and interests in and to the Game and the Service, including without limitation all intellectual property rights and moral rights in and to the Game and all copies thereof (including without limitation any titles, software programs and code, Game related themes, characters, character names, character likenesses, stories, dialog, catchphrases, locations, concepts, artwork, character inventories, structural, landscape and other designs in the Game, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, methods of operation, and any related documentation). You shall take no action inconsistent with such title or ownership. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or Content contained in the Game. This paragraph will survive the termination of this Agreement.
EXPORT RESTRICTIONS.
The Game may not be exported, re-exported, downloaded, or otherwise transferred (i) to or into (collectively, an “Export”) any country that requires an Export license or which the United States Government prohibits Exports, including any such country subject to economic sanctions or (ii) to any person or entity prohibited from receiving goods or services of U.S. origin. 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. This Section will survive the termination of this Agreement.
10. LIMITATION OF LIABILITY, AND REIMBURSEMENT.
To the maximum extent permitted by applicable law, and subject to the Statutory Obligations (as defined in Section 1 of the Terms of Service), IN NO EVENT SHALL BYOWLS OR ANY OF LICENSORS BE LIABLE FOR ANY (I) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (II) THIRD PARTY CLAIMS, OR (III) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA, EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
THE BYOWLS TERMS OF SERVICE INCLUDE OTHER PROVISIONS REGARDING THE LIMITATION OF LIABILITY AND REMEDIES (SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1 OF THE BYOWLS TERMS OF SERVICE)) AND SUCH PROVISIONS ARE INCORPORATED INTO THIS END USER LICENSE AGREEMENT BY THIS REFERENCE AND FORMS A PART OF THIS END USER LICENSE AGREEMENT AS IF SUCH PROVISIONS WERE FULLY RESTATED IN THIS END USER LICENSE AGREEMENT.
If (i) you breach this Agreement or (ii) any contributions, actions, or omissions by you in connection with your use of the Game Service results in ByOwls incurring any liabilities, damages, losses, costs, and expenses (including without limitation attorneys’ fees and court costs), then you agree to reimburse ByOwls and its affiliates and other participants of the Service from all such liabilities, damages, losses, costs, and expenses. If a third party sues ByOwls for either or both of (i) or (ii) above, ByOwls reserves the right to control the defense and settlement of such third-party lawsuit, and you agree to reimburse ByOwls for the cost of the defense, including, but not limited to reasonable and documented attorneys’ fees.
This section shall survive termination of this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Game is a Commercial Item developed exclusively at private expense and comprised of “commercial computer software” and “commercial computer software documentation”, as these terms are defined in the applicable acquisition regulations, including without limitation the Federal Acquisition Regulation (“FAR”) at 48 C.F.R. 2.101. The Manufacturer is ByOwls.
GOVERNING LAW.
For residents of North America, this Agreement and all Disputes (as defined in the Disputes Provision) shall be governed by the laws of the State of Delaware, USA, excluding its conflicts of laws rules, and principles that would result in another State’s or country’s laws applying to this Agreement or any Disputes, and excluding the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act (“UCITA”), and any laws based on UCITA. For clarity, the terms in this paragraph shall control over any conflicting terms in the ByOwls Terms of Service, including without limitation any terms that would result in another State’s or country’s laws applying to this Agreement or any Disputes.
If you reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country’s laws applying to this Agreement or any Disputes, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Local mandatory laws may be applied.
Notwithstanding the Disputes Provision, you agree that ByOwls shall be entitled to injunctive relief, specific performance, and equitable remedies concerning breaches of this Agreement, in addition to such other remedies as ByOwls may otherwise have under applicable law.
This section will survive the termination of this Agreement.
MISCELLANEOUS. This End User License Agreement along with the ByOwls Terms of Service, ByOwls Privacy Policy, and the ByOwls Code of Conduct constitute and contain the entire agreement between you and ByOwls concerning the subject matter hereof and supersedes any prior oral or written agreements. This End User License Agreement shall coexist with, and shall not supersede, the ByOwls Terms of Service or the ByOwls Privacy Policy. To the extent that the provisions of this End User License Agreement conflict with the provisions of the ByOwls Terms of Service, and unless expressly indicated otherwise in this Agreement, the conflicting provisions in this End User License Agreement shall control and shall govern. Except as specifically provided in the Disputes Provision, if any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of this Agreement shall remain in full force and effect. The failure of ByOwls to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing signed by ByOwls. You agree that this Agreement and ByOwls’s enforcement of this Agreement, are not intended to confer and do not confer any rights or remedies upon any person other than you and ByOwls. This section shall survive the termination of this Agreement for any reason.
I hereby acknowledge that I have read and understand all the terms and conditions in this Agreement and agree that by clicking “Agree”, and playing the Game I am acknowledging my agreement to be bound by all the terms and conditions of this Agreement.
YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING, INSTALLING, USING OR PLAYING THE GAME OR ANY RELATED SOFTWARE (collectively, the “GAME”). THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY DOWNLOADING, INSTALLING, USING, OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT (AND YOU ARE NOT PERMITTED TO) DOWNLOAD, INSTALL, USE OR PLAY THE GAME.
BY DOWNLOADING, INSTALLING, USING, OR PLAYING THE GAME YOU CONFIRM THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT, THE BYOWLS TERMS OF SERVICE AND THE BYOWLS PRIVACY POLICY AND THAT YOU AGREE TO THE TERMS IN THIS AGREEMENT AND THE TERMS OF SERVICE, (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, OR YOU HAVE NOT READ AND UNDERSTOOD THE BYOWLS PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, OR USE THE GAME.
This Agreement is between you and ByOwls Inc. (“ByOwls”).
PHOTO-SENSITIVITY WARNING:
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. If you experience any of the following symptoms while playing the Game, immediately discontinue use and consult your physician before resuming play: blackouts, seizures, dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
VIRTUAL REALITY: HEALTH AND SAFETY PRECAUTIONS AND DISCLAIMERS
If the Software provides for virtual reality gameplay and/or the use of third-party virtual reality headsets and/or related equipment, the following health and safety precautions and disclaimers apply.
Failing to review and adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of your VR headset may cause property damage, personal injury to you or others, or death.
As with all virtual reality games, please also carefully read and follow all health and safety precautions from your virtual reality headset manufacturer before use.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PLAYING
Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including:
• epileptic seizures or loss of consciousness;
• altered vision;
• motion sickness, dizziness, disorientation, or nausea; and/or
• repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.
If you are pregnant or if you have any pre-existing medical condition, you should talk with a physician to obtain professional advice before playing the game.
You should not play the game under the influence of alcohol or drugs or while using prescription or non-prescription medication.
Always be aware of your surroundings when playing the game. When playing with a virtual reality headset or other headset it is best to remain seated if that mode is supported. Since the game is an immersive reality experience, you may not be able to fully see or hear your surroundings while playing. Whether or not you remain seated during gameplay, give yourself plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. Ensure you are in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards, or other objects or people that may pose a danger to you or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that you can be aware of your surroundings while playing, and to avoid any damage to your hearing.
YOU HEREBY RELEASE BYOWLS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SOFTWARE.
In no event shall ByOwls be liable for any damage to property, injury, or death (or for direct, indirect, punitive, incidental, or consequential damages) arising out of the use or misuse of the Software or any virtual reality headset or related equipment, including, without limitation, arising out of or connected with interactions between you and other people or objects in or around the play area during gameplay. You understand that misuse of the Software includes (without limitation) violations of any instructions or any warnings set forth on the packaging, documentation, and screenshots for your virtual reality headset, in this document, in other documentation accompanying the Software or the packaging for the Software. Failure to carefully read and follow those instructions and warnings could lead to property damage, injury, or death. You expressly assume and accept any risks inherent in (or that may be associated with) the use of the Software, and/or of the virtual reality headsets or related equipment. Some, but not all, of those risks are discussed in the warnings set forth above or the warnings accompanying the Software and the virtual reality headset. Please also see the section on “Limitation of Liability" below in this Agreement.
Any uses of the Game are governed by the terms of this Agreement and the ByOwls Terms of Service. The ByOwls Terms of Service are hereby incorporated into and form a part of this Agreement by this reference as if such provisions were fully restated in this Agreement. The End User License Agreement is an “EULA” and constitutes “Supplemental Terms” as contemplated by the ByOwls Terms of Service. The Game is made available and distributed solely for use by authorized end users according to the terms of this Agreement, including the ByOwls Terms of Service.
Any use, reproduction, modification, or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited. You agree that the Game, the Game Client, other Game-related software, Content (as defined in the Terms of Service) specific to the Game, and your access to and use of the Game are all a “Service” for this Agreement, including the ByOwls Terms of Service. Any rights not granted to you in this Agreement are reserved by ByOwls.
All software programs and any files that are delivered to you or made available to you by ByOwls, directly or indirectly through a ByOwls authorized reseller or distributor, (via online access, transmission, download, or otherwise), including any “patcher”, “installer”, and any updates and modifications to such software programs, and any copies and derivative works of such software programs (collectively, with the Game Client (defined below), the “Game”) is the copyrighted work of ByOwls and its affiliates.
OWNERSHIP OF THE GAME.
ByOwls will continue to be the owner of all rights, titles, and interests in and to the Game and the Service, including without limitation all intellectual property rights and moral rights in and to the Game and all copies thereof (including without limitation any titles, software programs and code, Game related themes, characters, character names, character likenesses, stories, dialog, catchphrases, locations, concepts, artwork, character inventories, structural, landscape and other designs in the Game, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, methods of operation, and any related documentation). You shall take no action inconsistent with such title or ownership. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or Content contained in the Game. This paragraph will survive the termination of this Agreement.
EXPORT RESTRICTIONS.
The Game may not be exported, re-exported, downloaded, or otherwise transferred (i) to or into (collectively, an “Export”) any country that requires an Export license or which the United States Government prohibits Exports, including any such country subject to economic sanctions or (ii) to any person or entity prohibited from receiving goods or services of U.S. origin. 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. This Section will survive the termination of this Agreement.
10. LIMITATION OF LIABILITY, AND REIMBURSEMENT.
To the maximum extent permitted by applicable law, and subject to the Statutory Obligations (as defined in Section 1 of the Terms of Service), IN NO EVENT SHALL BYOWLS OR ANY OF LICENSORS BE LIABLE FOR ANY (I) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (II) THIRD PARTY CLAIMS, OR (III) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA, EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
THE BYOWLS TERMS OF SERVICE INCLUDE OTHER PROVISIONS REGARDING THE LIMITATION OF LIABILITY AND REMEDIES (SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1 OF THE BYOWLS TERMS OF SERVICE)) AND SUCH PROVISIONS ARE INCORPORATED INTO THIS END USER LICENSE AGREEMENT BY THIS REFERENCE AND FORMS A PART OF THIS END USER LICENSE AGREEMENT AS IF SUCH PROVISIONS WERE FULLY RESTATED IN THIS END USER LICENSE AGREEMENT.
If (i) you breach this Agreement or (ii) any contributions, actions, or omissions by you in connection with your use of the Game Service results in ByOwls incurring any liabilities, damages, losses, costs, and expenses (including without limitation attorneys’ fees and court costs), then you agree to reimburse ByOwls and its affiliates and other participants of the Service from all such liabilities, damages, losses, costs, and expenses. If a third party sues ByOwls for either or both of (i) or (ii) above, ByOwls reserves the right to control the defense and settlement of such third-party lawsuit, and you agree to reimburse ByOwls for the cost of the defense, including, but not limited to reasonable and documented attorneys’ fees.
This section shall survive termination of this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Game is a Commercial Item developed exclusively at private expense and comprised of “commercial computer software” and “commercial computer software documentation”, as these terms are defined in the applicable acquisition regulations, including without limitation the Federal Acquisition Regulation (“FAR”) at 48 C.F.R. 2.101. The Manufacturer is ByOwls.
GOVERNING LAW.
For residents of North America, this Agreement and all Disputes (as defined in the Disputes Provision) shall be governed by the laws of the State of Delaware, USA, excluding its conflicts of laws rules, and principles that would result in another State’s or country’s laws applying to this Agreement or any Disputes, and excluding the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act (“UCITA”), and any laws based on UCITA. For clarity, the terms in this paragraph shall control over any conflicting terms in the ByOwls Terms of Service, including without limitation any terms that would result in another State’s or country’s laws applying to this Agreement or any Disputes.
If you reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country’s laws applying to this Agreement or any Disputes, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Local mandatory laws may be applied.
Notwithstanding the Disputes Provision, you agree that ByOwls shall be entitled to injunctive relief, specific performance, and equitable remedies concerning breaches of this Agreement, in addition to such other remedies as ByOwls may otherwise have under applicable law.
This section will survive the termination of this Agreement.
MISCELLANEOUS. This End User License Agreement along with the ByOwls Terms of Service, ByOwls Privacy Policy, and the ByOwls Code of Conduct constitute and contain the entire agreement between you and ByOwls concerning the subject matter hereof and supersedes any prior oral or written agreements. This End User License Agreement shall coexist with, and shall not supersede, the ByOwls Terms of Service or the ByOwls Privacy Policy. To the extent that the provisions of this End User License Agreement conflict with the provisions of the ByOwls Terms of Service, and unless expressly indicated otherwise in this Agreement, the conflicting provisions in this End User License Agreement shall control and shall govern. Except as specifically provided in the Disputes Provision, if any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of this Agreement shall remain in full force and effect. The failure of ByOwls to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing signed by ByOwls. You agree that this Agreement and ByOwls’s enforcement of this Agreement, are not intended to confer and do not confer any rights or remedies upon any person other than you and ByOwls. This section shall survive the termination of this Agreement for any reason.
I hereby acknowledge that I have read and understand all the terms and conditions in this Agreement and agree that by clicking “Agree”, and playing the Game I am acknowledging my agreement to be bound by all the terms and conditions of this Agreement.