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END-USER LICENSE AGREEMENT

Last Updated: [December 5 2024]

1                     END-USER LICENSE AGREEMENT

1.1               This End-User License Agreement (“Agreement“) is made between Tabi Entertainment LLC (“Licensor”, “we,” “us,” or “our”) and you (“you,” or “your”) as of the date you download and install one or more of our accompanying Software.

If you are downloading and accessing the Software as part of a playtest or beta testing, please review Section 11. Before entering into the Playtest (as defined in Section 11) you acknowledge that you have reviewed Section 11 and are bound to these terms in addition to this Agreement.

The Agreement may be periodically updated and the current version will be posted at https://tabientertainment.com/eula (the “Website“). Your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of the revised Agreement’s terms.

1.2               THE “SOFTWARE” INCLUDES THE VIDEO GAME EVERGLYPH TRIALS (THIS AGREEMENT IS APPLICABLE TO ONE OR MORE OF SUCH THAT YOU ACQUIRE AND OR ACCESS) AND ALL SOFTWARE AND MATERIAL INCLUDED THEREIN AND IN THIS AGREEMENT, ANY ACCOMPANYING DATA FILES, CODE, GRAPHICAL, AUDIO OR TEXTUAL ASSETS, THE ACCOMPANYING MANUAL(S), PACKAGING, AND OTHER WRITTEN FILES, ELECTRONIC OR ONLINE MATERIALS OR DOCUMENTATION, ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS, AND UPDATES, PATCHES AND UPGRADES TO THE SOFTWARE. THE SOFTWARE MAY ALSO INCLUDE OR BE SUPPLEMENTED BY DOWNLOADABLE CONTENT (“DLC”) OR OTHER ADDITIONAL CONTENT MADE AVAILABLE BY LICENSOR. UNLESS SPECIFIED OTHERWISE AT THE TIME OF DOWNLOAD OR PURCHASE, SUCH DLC IS LICENSED ON THE SAME TERMS AS THE SOFTWARE AND MAY REQUIRE PAYMENT OF ADDITIONAL FEES.

1.3               THE SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH LICENSOR, AS WELL AS OUR PRIVACY POLICY, WHICH CAN BE FOUND BELOW THIS AGREEMENT OR AT
https://tabientertainment.com/privacy-policy. 

1.4               PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

2                     LICENSE

2.1               Subject to your strict compliance with this Agreement and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to install and use one copy of the Software for your personal, non-commercial gameplay on a single game platform (e.g. personal computer, mobile device, or gaming console), unless otherwise expressly specified in the Software documentation (“License”). The term of your License under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement.

2.2               The Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. Licensor retains all right, title, and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. Nothing in this Agreement shall be construed as a license or transfer of any rights whatsoever in the Software except as explicitly stated herein.

3                     LICENSE CONDITIONS

3.1               The License granted in Section 2 above is subject to your compliance with the following explicit conditions and your violation of any such conditions constitutes a breach of this Agreement and is beyond the scope of the License, except as otherwise specifically provided by this Agreement. Specifically, you agree NOT to:

(a)                commercially exploit, in whole or in part, the Software, unless expressly permitted hereunder;

(b)                distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Software, or any copies of the Software, including but not limited to virtual goods or virtual currency without the express prior written consent of Licensor or as expressly set forth in this Agreement;

(c)                 make a copy of the Software or any part thereof (other than as set forth herein);

(d)                make a copy of the Software available on a network for use or download by multiple users;

(e)                except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for online use, or on more than one computer or gaming unit at the same time;

(f)                  copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software on specific validly licensed hardware (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently);

(g)                use or copy the Software at a computer gaming center, conference, convention, or any other location-based site for anything other than personal use; provided, that Licensor may offer you a separate license agreement to make the Software available for commercial use;

(h)                reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Software, in whole or in part;

(i)                  remove, modify, or obscure any proprietary notices, marks, or labels (including copyright, trademark notices, or trade names) contained on or within the Software;

(j)                  use any trademark or trade name of Licensor or its affiliates in a way that is likely or intended to imply the permission or endorsement of Licensor, or cause confusion about the owner or authorized user of such marks, names or logos;

(k)                restrict or inhibit any other user from using and enjoying any online features of the Software;

(l)                  cheat or utilize any unauthorized robot, spider, or other program in connection with any online features of the Software;

(m)              violate any terms, policies, licenses, or code of conduct for any online features of the Software; or

(n)                transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any German, EU, or US export laws, or regulations, or German, EU, or U.S. economic sanctions, or otherwise violate any laws or regulations, or the laws of the country in which the Software was obtained, which may be amended from time to time.

3.2               Updates and Patches. We may provide updates, patches and other modifications to the Software that must be installed for the user to continue to play the Software properly or at all. We may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to us the right to deploy and apply such patches, updates and modifications. (“Updates”) Your access and or use of some or all Updates is subject to the platform by which you are granted access and or use of the Software, and as such the Updates may or may not be available at any or all times and you acknowledge that your use of the Software may be limited to the version of the Software that you downloaded.

3.3               User Feedback. In consideration of granting you the License, we may solicit or you may provide us with feedback, suggestions, and bug reports, and other information from you regarding your use of the Software through channels as provided by us to you, such as, without limitation, Twitter, Facebook, Instagram or email communication (“User Feedback”), and we may collect technical information about your use of the Software to help us improve the Software. If you provide any User Feedback, you agree we may make full use of User Feedback, and any rights associated therewith, be they protectable under any form of intellectual property or not. You grant us a worldwide, perpetual, sublicensable (through multiple tiers), nonexclusive, irrevocable, fully-paid license to use, sell, modify, prepare derivative works of, and otherwise exploit User Feedback.

3.4               Let’s Play Videos and Fan Art. Subject to your strict compliance with this Agreement and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to reproduce and create derivative works of the Software’s art work, sound and game play, and any other parts of the Software necessary, to publicly display and transmit such reproductions and derivative works for non-commercial use, including to live stream game play, create so called “let’s play videos” or create fan art of the Software (“Derivatives License”). At no time shall this Derivatives License be construed as to grant or license you the right to commercially exploit the Software (including, without limitation, monetizing your videos of the game play through advertisements), without our approval. For the avoidance of doubt, this Derivatives License does not extend to the Software’s underlying code and data files. You acknowledge that we may, at any time during or after the term of this Agreement, revoke your Derivatives License at our sole discretion.

4                     ACCESS TO SOFTWARE. SPECIAL FEATURES

4.1               To exercise your License, you may be required to have and maintain a valid and active membership with a third-party service, such as an account with a third party online service, gaming platform or social network (“Third-Party Account“), or create a Software-specific user account with Licensor or a Licensor affiliate (“User Account“). Your User Account log-in may be associated with a Third-Party Account and you are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Software.

4.2               Software download, redemption of a unique serial code, registration of the Software, membership in a third-party service and/or membership in a Licensor service (including acceptance of related terms and policies) may be required to activate the Software, access digital copies of the Software, or access certain un-lockable, downloadable, online, or other special content, services, and/or functions of the Software (collectively, “Special Features“). Access to Special Features is limited to a single User Account per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, converted into convertible virtual currency, or re-registered by another user unless otherwise expressly specified. The provisions of this paragraph supersede any other term in this Agreement.

4.3               The Software requires an internet connection to access internet-based features, authenticate the Software, or perform other functions. You agree that some or all features of the Software may be inaccessible in the absence of an internet connection. Further, Licensor makes no warranty whatsoever that servers or internet services required to enable some or all features of the Software will be available at any specific time.

5                     TECHNICAL PROTECTIONS

5.1               The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Licensor reserves the right to monitor the use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. If the Software permits access to Special Features, only one copy of the Software may access those Special Features at one time. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the License granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.

6                     SOFTWARE STORE TERMS

6.1               You may have purchased the License to the Software through a third-party platform or online platform or store (each referred to herein as a “Software Store”), including, without limitation, Steam. This Agreement and the provision of the Software through any Software Store is subject to the additional terms and conditions set forth on or in, or required by the applicable Software Store. All such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.

6.2               This Agreement is solely between you and Licensor, and not with any Software Store. You acknowledge that the Software Store has no obligation to furnish any maintenance or support services to you in connection with the Software. Except for the foregoing, to the maximum extent permitted by applicable law, the Software Store will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and the Software Store is not responsible for such claims. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies. The License is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. The Software Store is a third-party beneficiary to this Agreement and may enforce this Agreement against you. 

7                     OWNERSHIP OF SOFTWARE

7.1               Software and Software Materials. You acknowledge and agree that Licensor owns all right, title and interest in and to the Software and all materials, content and assets included with or incorporated in the Software (“Software Materials”), including, without limitation, any intellectual property rights therein. We reserve all rights in the Software and the Software Materials, and nothing in this Agreement shall be construed as a license or transfer of any rights whatsoever in the Software or Software Materials except as explicitly stated herein.

7.2               You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Software. 

7.3               You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8                     OPEN SOURCE AND THIRD-PARTY SOFTWARE

8.1               The Software may include or use open source software (“OSS“) and third-party software (“TPS“). Your use of any OSS and TPS is subject to the respective OSS and TPS licenses, which may contain terms that grant additional rights or impose further restrictions. By using the Software, you agree to comply with the applicable OSS and TPS license terms. These licenses are separate from this Agreement and will govern your use of the OSS and TPS. Licensor is not responsible for any OSS or TPS and disclaims any warranties or liabilities related thereto.

9                     INFORMATION COLLECTION & USAGE

9.1               By installing and using the Software, you consent to the information collection and usage terms set forth in this Agreement and Licensor’s Privacy Policy (available at https://tabientertainment.com/privacy-policy), which may include the collection, use, disclosure, and transfer of your personal information and other information, which may be amended from time to time, and which takes precedence over any other statement in this Agreement.

10                 THIRD-PARTY LINKS

10.1           The Software and accompanying materials may contain links to third-party websites or services that are not owned or controlled by Licensor. These links are provided for your convenience, and Licensor does not endorse or assume responsibility for the content or practices of any third-party websites or services. You acknowledge and agree that Licensor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We recommend that you read the terms and conditions of any third-party websites or services you visit.

11                 PLAYTEST PARTICIPATION

11.1           IF YOU PARTICIPATE IN A PLAYTEST, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU REPRESENT, WARRANT, AND GUARANTEE THAT YOU: (A) ACKNOWLEDGE HAVING READ THIS AGREEMENT IN ITS ENTIRETY, (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

11.2           Playtest. As part of your participation in a playtest (“Playtest”), you may play and otherwise access a version of the Software, including any and all updates and patches to the Software provided to you during the Playtest. This Playtest is non-public and confidential if the Software is provided expressly for that purpose. The Software may be temporarily downloaded to your computer each time you visit or reload the website or other access point to the Software. The Playtest and this Section 11 shall be in effect until the Software during the Playtest is no longer available or when canceled or terminated by Licensor within its sole discretion.

During the Playtest, Licensor grants you a limited, personal, non-assignable, nonexclusive, nontransferable license to use the Software solely for the purposes of the Playtest, and to provide Feedback (defined below). Use of the Software, or any other materials provided to you as part of the Playtest not expressly permitted under this Agreement is strictly prohibited, including, without limitation, to sell or make available, transfer or assign a copy of the Software or the rights granted to you, to third parties.

Licensor may update the Software remotely including, without limitation, the Software client residing or components that are temporarily stored on your machine, with or without your knowledge. You hereby expressly grant Licensor your consent to deploy and apply such patches, updates, and modifications to the Software.

The Software may be hosted on servers owned and operated by Licensor or by third-party service providers. You acknowledge and agree that Licensor is not liable for any interruptions, delays, or issues arising from the hosting infrastructure or third-party hosting services used in connection with the Playtest. Licensor reserves the right to change the hosting arrangements at any time without notice.

11.3           Feedback. As part of the Playtest, you may provide Licensor with comments, feedback, thoughts, questions, ideas, and suggestions regarding the Software (“Feedback“). You are solely responsible for all Feedback you provide and you acknowledge that such Feedback will not violate the rights of any third party, including, without limitation, a third party’s copyright, trademark, patent, or right of publicity.

From the moment they are first embodied in any tangible form, all (a) ideas, concepts, brands, and products, arising from the Playtest, (b) your Feedback, (c) all related and underlying intellectual property including all trademarks, patents, and copyrights in the Software, and (d) all derivatives of the foregoing (“Derivatives”) as defined in the Copyright Act (17 U.S.C. §201), to the extent they are copyrightable, shall be considered a work made for hire (as that term is used in the US Copyright Statute) specially ordered or commissioned by Licensor.

With respect to all other Derivatives, and with respect to copyrightable Derivatives to the extent that they or any part thereof is deemed not to be a work made for hire, you hereby irrevocably assign and transfer all of your right, title, and interest in those Derivatives or parts thereof to Licensor.

To the extent, if any, that this Section 11.3 does not provide Licensor with full ownership, right, title, and interest in and to the Derivatives, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully paid, royalty-free, worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of, and import the Derivatives, with the right to sublicense each and every such right. You grant this license under copyright, patent, trademark, and all other forms of intellectual property.

You hereby waive any and all proprietary and moral rights, or if applicable law does not permit such waiver, you will not, to the extent permitted by applicable law, at any time assert any such rights in any way with respect to the foregoing. You agree to execute documents and take further actions as requested by Licensor to assist in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting, or registering its rights. If you are unavailable, or fail to execute such documents when requested to do so for any reason, Licensor may execute the aforementioned documents as your attorney-in-fact, which appointment will be irrevocable for this sole purpose.

11.4           Confidentiality. If the Software is provided expressly under a non-public and confidential Playtest, any information and physical material relating to the Playtest, the Software, or not generally known or available outside of the Playtest or Forums, are confidential and proprietary to Licensor (“Confidential Information”). You agree to (i) maintain Confidential Information in the strictest of confidence, (ii) not disclose Confidential Information to any third party, (iii) not copy, distribute (either in physical or digital format), publish, display, disseminate, release, or otherwise disclose Confidential Information, or (iv) not create any derivative materials of Confidential Material.

You may play the Software only in your home or other non-public locations. You may discuss this Playtest with parties participating in the Playtest through and in the Forums, but you shall not share or distribute any content, material, or information in any way and with anyone, unless you are sharing such with other participants of the Playtest through the Forums.

You acknowledge and agree that disclosure of Confidential Information will cause significant and irreparable harm to Licensor, the extent of which may be difficult to ascertain. Accordingly, Licensor is entitled to injunctive relief as well as all other legal remedies that may be available if you breach this Agreement.

Notwithstanding the aforesaid, this Section 11.4 does not apply to any publicly released version of the Software, or if stated otherwise by Licensor.

11.5           Limited Liability and Warranty. Licensor does not promise or warrant your access and the functioning of the Software. Licensor under no circumstances whatsoever and at any time guarantees the continuous use or error free operation of the Software or that the Software is suitable for any purpose.

You bear all risks for your use of the Software. Regardless of whether one of the remedies set forth herein fails to meet its material purpose, Licensor is in no way liable for any indirect, consequential or other damages (including damages for loss of profit or loss of data) arising from the use of the Software or inability to use the Software, even if Licensor was informed about the possibility of such damages. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In this case, the liability of Licensor is limited to USD ten (US Dollars 10). The disclaimer and limitations set forth above are binding regardless of your use of the Software or acceptance of the Agreement.

12                 WARRANTY

12.1           LIMITED WARRANTY: Licensor makes no warranty against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free (this includes any interruption or malfunction on the part of third-party services included and or used in the Software); or that the Software will be compatible with third party software or hardware or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.

12.2           Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.

13                 INDEMNITY

13.1           You agree to indemnify, defend, and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.

13.2           TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.

13.3           TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF ACTION, EVER EXCEED THE LESSER OF THE FEES PAID BY YOU TO LICENSOR FOR THE PRECEDING TWELVE (12) MONTH PERIOD FOR ANYTHING RELATING TO THE SOFTWARE OR US$200.

13.4           BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE ABOVE INDEMNITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN THE EVENT THAT SUBSECTION 9.4 IS APPLICABLE AND ANY OTHER SUBSECTION UNDER SECTION 9 IS NOT APPLICABLE, OUR LIABILITY UNDER SECTION 9 IS LIMITED TO GROSS NEGLIGENCE.

13.5           WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.

14                 TERMINATION

14.1           This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates (a) when Licensor ceases to operate the Software or the Software servers (for games exclusively operated online), (b) if Licensor determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, (c) upon your failure to comply with any term or condition in this Agreement, including, but not limited to, the (i) License conditions or (ii) the Terms of such Software Store required to access the Software. You may terminate this Agreement at any time by (x) requesting Licensor to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service (if applicable) or (y) destroying and/or deleting any and all copies of all Software in your possession, custody, or control.

14.2           Deleting the Software from your device or game platform may not delete the information associated with your User Account. However, except as otherwise prohibited by applicable law, if your User Account is deleted upon termination of this Agreement for any reason, all Virtual Currency and/or In-App Purchases associated with your User Account will be deleted, and you will no longer be available for use the Software or any Virtual Currency or In-App Purchases associated with your User Account. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return any physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Software, will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect Licensor’s rights or your obligations arising under this Agreement.

15                 EQUITABLE REMEDIES

15.1           You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.

16                 TAXES AND EXPENSES

16.1           You shall be responsible for and shall pay and shall indemnify and hold harmless Licensor and any and all of its affiliates, officers, directors, and employees against all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under this Agreement, including interest and penalties thereon (exclusive of taxes on Licensor’s net income), irrespective of whether included in any invoice sent to you at any time by Licensor. You shall provide copies of any and all exemption certificates to Licensor if you are entitled to any exemption. All expenses and costs incurred by you in connection with your activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from Licensor for any expenses, and will hold Licensor harmless therefrom.

17                 ENTIRE AGREEMENT

17.1           This Agreement represents the complete agreement between you and us concerning the Software, and supersedes any prior or contemporaneous agreements between you and us; provided however that this Agreement shall coexist with, and shall not supersede any other Additional Terms referenced below.

17.2           Your access to and use of the Software is subject to this Agreement, and is further subject to, if applicable, any related Software documentation, additional Terms of Service and/or Privacy Policies (“Additional Terms”), all of which are hereby incorporated into this Agreement by reference. This Agreement represents the complete agreement between you and Licensor relating to your use of the Software and related services and products, and supersedes and replaces any prior agreements between you and Licensor, whether written or oral. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement shall control.

18                 SEVERABILITY

18.1           If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

19                 GOVERNING LAW

19.1           This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of New York, except as governed by federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business in New York in State of New York. You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by the law of the State of New York. You and Licensor agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.

20                 UPDATES

20.1           We may create updated versions of this Agreement in the future as the Software and applicable laws change. When we do, we’ll ask you to agree to a new agreement which will supersede and replace this Agreement. You’ll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you’ll be able to continue using our Services. If you decline the new agreement, you will not be able to use the Software.

21                 CONTACT/QUESTIONS

21.1           If you have any questions concerning this agreement, you may contact us by email at: http://mailto:legal@tabientertainment.com.


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Privacy Policy

Tabi Entertainment LLC – Privacy Policy

Tabi Entertainment LLC (“we,” “us,” or “our”) respects your privacy rights and is committed to being transparent with our use of your information. If you are a resident or access our Services from within the European Economic Area (“EEA”), we apply the privacy protection to your information required by the General Data Protection Regulation.

This Privacy Policy applies to our use of your information throughout the Services, unless a part of the Services is governed by its own privacy policy. Our Services are currently:

About
This Privacy Policy concerns the information that (i) you may provide us with (for example when you sign up with our Service) and that we may (ii) collect from you automatically when you use our Services, (iii) receive from other, third party sources, or (iv) collect from you because you made this information publicly available (for example public archives).  

We protect and grant you your rights regarding information that can identify you as an individual (for example your name, age, gender, online user name, or your political opinion or religious belief) as well as information that can only personally identify you together with other information that we collect from you (for example your IP address, your activity with our Services, hardware device ID, or your browser type) (“Personal Information”). 

Some of your information may be collected, stored, used, disclosed, or shared, anonymized by isolating the information from any personal identifiers and thereby cannot be used by us, or third parties that we share such information with, to identify you. 

We may store some of your information via local storage (for example cookies) temporarily or permanently on your internet enabled device, which allows us to retrieve information on your device about your use of the Services (e.g. which language you prefer or your login name).

What We Collect and How We Use It

General Use Policy. We may use your information to provide, administer, maintain, and improve our Services; personalize your experience of the Services; analyze user activity of our Services; provide you with support regarding our Services; engage in advertising activity; to enforce our rights and the rights of other users of the Services, and to comply with our legal obligations; or to prevent imminent and serious bodily harm to a person.

Information You Provide Us With
Our Newsletter. We collect the following Personal Information when you subscribe to our Newsletter to contact you at your email address, update you about our Services or provide you with promotional material regarding our Services: 
  • Email Address
  • Name
Our Job Application Form. We collect the following Personal Information when you submit a job application to keep track of who is interested in working for Tabi Entertainment: 
  • Name
  • Email Address
  • Resume
  • Portfolio
  • Online Handles
Customer Information. If you purchase a copy of the Game directly from us or through platforms such as Kickstarter, you may provide us with certain personal information necessary to complete your purchase, fulfill your order, and collect payment. This information may include:
  • Your name
  • Email
  • Payment details
  • Address
Opinions and Beliefs. We may collect information about your opinions and beliefs, including feedback and insights related to our Services, when you provide such information through our Website or third-party platforms or tools. This information is used to improve and enhance the quality of our Services. The third-party platforms or tools may include: 
  • Google Forms 
  • Steam forums 
  • Reddit threads 
  • Discord chats 
  • Blogs
  • YouTube
  • Twitch
Reaching Out To Us. We collect information from you when you send us or one of our representatives an email or otherwise correspond with us directly (for example your name, email address, or statements that you make). We store this information, including Personal Information, for purposes of reacting to your request and providing you with the necessary support regarding our Services. We will not collect information if your communication with us does not relate to our Services or future services.

Information We Collect Automatically
Automatic Collection. We make use of various third party analytic and reporting technologies and partner with third parties to record information automatically when you use our Services. Currently we employ the following third party services, each of which collects data in accordance with their respective privacy policies:
Using Our Services. When you use our Services we automatically collect the following information to help manage, monitor and improve our Services, to provide targeted ads, to provide you with support when you encounter problems using our Services, and to monitor and improve marketing of our Services:
  • Your basic computer information (such as the operating system you are using, the browser you are using, the device you are using, and your software and hardware system configuration information, and other information necessary to provide, operate and maintain our Services).
  • Your IP Address and geographic location.
  • Unique identifiers.
  • Technical metrics.
  • Gameplay metrics.
  • General build and meta metrics.
  • Use activity of our Services (for example your in-game metrics, click patterns, users agent data, time of access, or website from where you accessed our Services) in anonymized form.

How We Share Your Information With Third Parties
Our Sharing Policy. We may share your Personal Information for the purposes described in this Privacy Policy to our subsidiaries or successors and affiliated third parties. We will only share your Personal Information beyond that with your consent or in the following events: to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). We will treat your Personal Information as subject to the protections described in this policy.

We may transfer Personal Information for processing in countries in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. If you have accessed our Service from within the EEA, additional rules apply to the transfer of your Personal Information (see below).

Third Party Service Providers. We contract with third parties who help us with our Services. Currently the third parties are:
  • Dreamhost to host our Website
  • WordPress to operate our Website
  • Google Analytics to operate automatic collection during your use of our Services and to collect game metrics and analytics.
  • MailerLite to operate the Newsletter
  • Homerun to host our Job Application Form
  • WordFence Security to monitor incoming traffic on our Website 
  • CloudFlare for content delivery and data storage on our Website
  • Google Cloud Firebase to collect game metrics and analytics.
  • Google Cloud to host data. 
  • Steam to collect statistics, game metrics, and feedback.
  • Google Forms to collect feedback.
  • Discord to collect feedback.
  • Reddit to collect feedback.
  • YouTube to collect feedback.
  • Twitch to collect feedback.
  • GameAnalytics for collecting and storing data, and for analytics, improving game stability and experience, and improving marketing.
We take commercially reasonable precautions to prevent such third parties from disclosing your Personal Information and ensure that their use for our purpose conforms with this Privacy Policy. Their use of this information is contractually bound to the purposes of this Privacy Policy. The third party service provides may use your information for their own purpose. We are not responsible for their use of your information and this use is governed by their own privacy policy (found on their websites). We cannot guarantee that such third parties will not disclose your information.

Cookies and Local Storage. In order for our Website to work properly, our Website uses local storage (“Cookie”). By default, we use several persistent cookies (permanent or stored cookies) as well as session cookies (transient cookies erased each session). Cookies are used for purposes of authentication, security, preferences, (e.g., regarding default language and settings), connection stability (e.g., for uploading media, using e-Commerce features, etc.), monitoring performance of our services and marketing campaigns, and generally providing and improving our Services. You can review the list of cookies at: 

How We Protect Your Personal Information
We take reasonable measures to protect the confidentiality, security, and integrity of your information. We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your information by which you can be identified. 

We cannot ensure or warrant perfect security. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Our Policy on Information from Children
Under Thirteen. Our Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13. 

Parental Controls. If you believe that your child’s Personal Information was mistakenly collected through our services, please contact us immediately at http://mailto:privacy@tabientertainment.com and we will work with you to determine if this is the case and remove such information if necessary.

Your Options On How We Treat Your Personal Information
Personal Information. You may review, update, change, or delete your information that can be used to personally identify you, by requesting that we cancel your access to our Services (for example, delete your Job Application or Contact Us forms at http://mailto:privacy@tabientertainment.com.

Cookies And Local Storage. You may delete local storage or cease our placement and use of local storage by setting your browser or internet abled device to disable local storage. Please be aware that local storage is important for your access of our Services and if you disable local storage, your access of our Service may be restricted or impossible.

Opting-Out. You may opt-out from having your Personal Information used for certain purposes. If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at http://mailto:privacy@tabientertainment.com.

Retention. We retain information about you as long as it is necessary for us to fulfill the purposes outlined in this Privacy Policy. In addition, we may retain your information for an additional period as is permitted or required to (for example to comply with our legal obligations, resolve disputes, and enforce agreements). If required by applicable law, we shall delete your information when the information is no longer necessary or requested to do so. 

California Privacy Rights. California Civil Code section 1798.83 permits customers who are California residents to request certain information regarding disclosure within the immediately preceding calendar year of that resident’s Personal Information to third parties and in some cases affiliates for their direct marketing purposes. To make such a request, contact us through the information provided below. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the email address. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information.

Rules When You Access the Service from Within the EEA
If you access our Service from within an EEA Member State, the following privacy rules apply to you.

The Purposes For Which We Collect Information From You. We only process your Personal Information if we have a lawful purpose pursuant to Article 6(1) GDPR. The following lawful purposes apply to such information that we collect from you: 
  • Necessary Collection To Perform Services (Article 6(1)(b) GDPR). We need the Personal Information that we collect for the Website in order to fulfill our obligations and perform the services that you and we agreed upon for the Website.
  • Consent Based Collection (Article 6(1)(a) GDPR). We collect your Personal Information for the Newsletter and our Job Application and Contact Us forms because you gave us your explicit consent to use this information when you used  the Newsletter and/or our Job Application and Contact Us forms. You may withdraw this consent, and we will cease to use your Personal Information for this purpose, by your request to http://mailto:privacy@tabientertainment.com. 
  • Other Purposes. We may process your information when we are legally obliged to under GDPR Article 6(1)(c) (for example for tax purposes), it is necessary in order to protect the vital interests of you or someone else under GDPR Article 6(1)(d), it is necessary in public interest under GDPR(6)(e), or for security reasons, to better understand your and others interest and preferences for our Services and improve our Services, for internal purposes (for example for auditing), and to secure and enforce our rights under GDPR Article 6(1)(f). 
Your Data Rights. You have the right to correct, update and change (if the information we process is incorrect), or delete Personal Information or demand from us to release such information, as well as restrict how we use or entirely end the use such information, by sending an email to http://mailto:privacy@tabientertainment.com. Your rights, however, may be limited, for example we will keep Personal Information if, at the time or foreseeable future, it is necessary for us to establish, exercise, or defend against a legal claim.

Withdrawing Consent. If we have received your information from you because of your explicit consent, you can withdraw this consent at any time by sending an email to http://mailto:privacy@tabientertainment.com.

Transferring and Sharing Data. We will never transfer your Personal Information to a third party or a successor of ours that resides in a country that does not adhere or cannot guarantee the same privacy protection standards as provided by the GDPR. Currently we share your Personal Information with the following parties outside of the EEA, all of which protect your rights pursuant to the GDPR:
  • We share your email address with MailerLite for purposes of distributing emails to you through our Services. MailerLite is located in Lithuania and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services. You can view MailerLite’s  privacy protection standards at https://www.mailerlite.com/legal/privacy-policy and https://www.mailerlite.com/legal/data-processing-agreement. 
  • We share the Personal Information that we collect automatically through your use of Service with Google LLC for purposes of helping to optimize our Service, to provide you with support when you encounter problems using our Service, to host data, to collect feedback, or to establish the marketing performance of our Websites. Google LLC is located in the US and  applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services. You can view Google LLC privacy protection standards for Google Analytics at https://support.google.com/analytics/answer/6004245.
  • We share the Personal Information that we collect automatically through your use of our Website with DreamHost, LLC for our Website to function properly. DreamHost, LLC has data centers in Ashburn, Virginia and Hillsboro, Oregon and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services.  You can view DreamHost, LLC’s privacy protection standards at https://www.dreamhost.com/legal/customer-data-processing-addendum/.  
  • We share the Personal Information that we collect automatically through your use of our Website with WordFence Security so that we may protect our Website from malicious traffic. WordFence Security is located in the US and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services. You can view WordFence Security’s privacy protection standards at https://www.wordfence.com/privacy-policy/.
  • We share the Personal Information that we collect automatically through your use of our Website with Cloudflare Inc. for purposes of helping to optimize our service, to provide you with support when you encounter problems using our service, or to establish the marketing performance of our services. Cloudflare Inc. is located in the US and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services.  You can view Cloudflare Inc.’s privacy protection standards at https://www.cloudflare.com/privacypolicy/.
  • We share the Personal Information that we collect automatically through your use of the Game with Valve Corporation for purposes of generating and collecting statistics, game metrics and feedback related to the Game. Valve Corporation has data centers outside of the EEA and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services.  You can view Valve Corporation’s privacy protection standards at https://store.steampowered.com/privacy_agreement/.
  • We share the Personal Information that we collect automatically through your use of the Game with Discord Inc. for purposes of generating and collecting feedback related to the Game. Discord Inc. has data centers outside of the EEA and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services. You can view Discord Inc.’s privacy protection standards at https://discord.com/privacy.
  • We share the Personal Information that we collect automatically through your use of the Game with Reddit, Inc. for purposes of generating and collecting feedback related to the Game. Reddit, Inc. has data centers outside of the EEA and applies the safeguards required under the GDPR by implementing the Standard Contractual Clauses in our agreement with them for their services. You can view Reddit, Inc.’s privacy protection standards at https://www.reddit.com/policies/privacy-policy.
  • We share your Personal Information with GameAnalytics for purposes of game analytics. GameAnalytics also stores and hosts Personal Information as part of their services. GameAnalytics is located in the United Kingdom and ensures compliance with the GDPR by implementing the Standard Contractual Clauses or an International Data Transfer Agreement in our agreement with them for their services. You can view GameAnalytics’s privacy protection standards at https://gameanalytics.com/trust/privacy/privacy-notice.
  • We share the Personal Information that we collect automatically through your job applications with Homerun B.V. for purposes of evaluating you as a job candidate. Homerun B.V. has data centers outside of the EEA and has contractual arrangements with third parties for the protection of personal data. You can view Homerun B.V.’s privacy protection standards at https://www.homerun.co/privacy-statement.
Parental Control. Children Under Sixteen. We do not acquire Personal Information based on consent from children under the age of sixteen. If you believe that your child’s Personal Information was mistakenly collected through our Service, please contact us immediately at http://mailto:privacy@tabientertainment.com and we will work with you to determine if this is the case and grant you the rights under this Section.

Liability For Data Breach By Third Parties. If we share your Personal Information with a third party that processes the information on our behalf, we will be liable for that third party’s processing of your information in violation of the GDPR and this Privacy Policy, unless we can prove that we are not responsible for the event giving rise to the damage.

Complaint. If you believe that your rights described in this Privacy Policy are violated or you believe that we have not held ourselves to the standards described in this Privacy Policy or under the GDPR, you have the right to lodge a complaint with the respective supervisory authority in the country of your residence.  

Changes to our Privacy Policy
We may make changes to this Privacy Policy from time to time. If so, we will notify you of any material changes by email and posting a notice within our Services. If you receive notification of a change in our Privacy Policy, you must review the new Privacy Policy carefully to make sure you understand our practices and procedures. We raise your attention that you may not be able to receive notices from us, including such of changes to the Privacy Policy, if your cookies are disabled.

Contact
For further information on our Privacy Policy, or for questions or requests on information that we may have collected from you, please contact us at http://mailto:privacy@tabientertainment.com. 

Last updated: December 16, 2024