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END USER LICENSE AGREEMENT
YOU MUST BE OVER THE AGE OF 18 YEARS OR THE AGE OF MAJORITY IN THE COUNTRY OR STATE IN WHICH YOU RESIDE TO ENTER INTO THIS AGREEMENT. IF YOU ARE YOUNGER THAN THE AGE OF MAJORITY, YOUR PARENT OR GUARDIAN MUST AGREE TO THIS EULA FOR YOU.
Please read this End User License Agreement carefully, including the mandatory arbitration provision in Section 15 (Arbitration), which requires that any disputes be resolved by binding, individual arbitration. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided in Section 15.3 (Opt Out Procedures).
This End User License Agreement (“EULA”) governs your download, installation and use of, and access to, the game known as “Ire: A Prologue” (the “Game”) that is provided by ProbablyMonsters Inc. or its subsidiaries or affiliates (“ProbablyMonsters”) on Steam or other platforms on which the Game may be released.
BY ACKNOWLEDGING YOUR ACCEPTANCE OF THIS EULA OR BY PLAYING THE GAME, YOU ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE EARLIER OF YOUR ACCEPTING THESE TERMS OR YOUR USE OF THE GAME (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROBABLYMONSTERS WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1. Ownership of the Game. The Game is the valuable property of ProbablyMonsters and is protected by copyright and other intellectual property laws and treaties. ProbablyMonsters owns and will retain ownership of all right, title and interest in and to the Game, Game code, characters, content, products, materials, technology, software, inventions, works of authorship, weapons, storylines, imagery, mythos, look and feel, concepts, game mechanics, environments, all other Game elements, and, in each case, all modifications or improvements thereof, together with all related intellectual property in or to all of the foregoing and any of ProbablyMonsters’ trade names, trademarks and logos (all of the foregoing collectively, “Game IP”). ProbablyMonsters reserves all rights not expressly granted to you.
2. Scope of License to the Game. The Game is licensed, not sold, to you. Conditioned upon the terms and conditions of this EULA, and the terms and conditions of any subscriber agreement, user license agreement, or other applicable terms for the platform on which you use or purchase the Game (the “Platform Terms”), ProbablyMonsters grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the Term (defined below) to download, install and use the Game on a device that you own or control for personal, non-commercial purposes. Your use of the Game requires your acceptance of, and compliance with, these terms and the Platform Terms.
Except as expressly provided in this EULA: (a) this Section 2 does not constitute a license to any Game IP or any proprietary materials of ProbablyMonsters; and (b) nothing in this EULA confers or shall be construed as conferring any right or license to the other party’s intellectual property rights, whether by estoppel, implication or otherwise.
3. License Restrictions. The license granted to you in Section 2 does not allow you to do any of the following: (a) use the Game on any Device you do not own or control; (b) distribute, copy, license, rent, sell, publish, lease or otherwise transfer to any third party the Game, any other Game IP (except as expressly permitted by this EULA or the platform terms), or any proprietary materials of ProbablyMonsters; (c) reverse engineer, decompile, disassemble or attempt to discover any source code or trade secrets related to the Game or any other Game IP or any proprietary materials of ProbablyMonsters; (d) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Game or any other Game IP; (e) work around any technical limitations in the Game or any other Game IP; or (f) use the Game or any other Game IP for purposes for which it was not designed. If you breach any of these restrictions, you may be subject to prosecution and damages.
4. Support Services; Contact. If you have any questions regarding the Game, please contact us at playersupport@probablymonsters.com.
5. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. PROBABLYMONSTERS DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. PROBABLYMONSTERS WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. PROBABLYMONSTERS DOES NOT REPRESENT OR WARRANT THAT THE GAME WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROBABLYMONSTERS OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
6. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ProbablyMonsters, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, shareholders, successors, employees, consultants, and agents (“Representatives”) from and against all claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to your download or installation of and access to, or inability to download, install or access, the Game. In the event of any claim that the Game, or your possession or use thereof, infringes any intellectual property rights of a third party, you agree to contact ProbablyMonsters. ProbablyMonsters will, at its option, terminate the license granted herein, settle or defend the claim.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) PROBABLYMONSTERS AND ITS REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF PROBABLYMONSTERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF $10.00 AND THE AMOUNT YOU PAID FOR THE GAME.
8. No Export. You may not use or otherwise export or re-export the Game or any content contained therein, except as authorized by United States law and the laws of the jurisdiction in which the Game or any content was obtained. In particular, but without limitation, the Game and the content contained therein may not be exported or re-exported to (a) any U.S. embargoed countries, or (b) anyone 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.
9. Legal Compliance. By downloading and installing the Game, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including but not limited to U.S. export control laws.
10. Commercial Items. If acquired by any agency of the United States government, such agency acknowledges that: (a) the Game constitutes “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable and (b) such agency's rights are limited to those specifically granted under this EULA.
11. Term. The term of this Agreement will begin on the Effective Date and will continue until the earlier of (a) termination of this Agreement by either party in accordance with the terms herein and (b) termination of your access to the Game by or at the direction of ProbablyMonsters (the “Term”).
12. Termination. Any use of the Game other than as specifically authorized under this EULA, the platform Terms, or any other agreement between you and ProbablyMonsters without the prior written permission of ProbablyMonsters is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You may terminate this EULA at any time by (a) ceasing use of the Game and (b) deleting all copies of the Game in your possession or control. ProbablyMonsters reserves the right to terminate this EULA or your access to the Game at any time, for any or no reason. In the event of termination of this EULA, the license granted to you herein will automatically terminate and you must immediately cease all use of the Game and destroy all copies of the Game within your possession or control.
13. Survival. Sections 1, 3-10, 12 (last sentence only) and 13-18 of this EULA will survive any termination of this EULA.
14. Updates and Modifications. ProbablyMonsters may from time to time provide updates, patches, or other modifications to the Game that must be installed for continued use. You agree that ProbablyMonsters may automatically install such updates without further notice to you. The terms of this EULA will govern any updates or upgrades to the Game, unless such update or upgrade is accompanied by a separate license, in which case the terms of that separate license will govern. Your next use of the Game may be governed by a different EULA and it is your responsibility to check periodically for changes. Your use or continued use of the Game following the posting of any changes to this EULA or any other posted policies will constitute your acceptance of, and agreement to be bound by, the changed terms or policies. ProbablyMonsters reserves the right to modify or discontinue, temporarily or permanently, the Game (or any features or portions thereof) without prior notice. ProbablyMonsters also may impose limits on the use of or access to the Game, in any case and without notice or liability.
15. Dispute Resolution; Arbitration.
15.1 Arbitration. Except for small claims disputes, you and ProbablyMonsters waive all rights to a jury trial and to have any dispute arising out of or related to the terms of this Agreement resolved in court. Instead, disputes relating in any way to this Agreement must be submitted to binding arbitration administered by JAMS. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The most recent version of the JAMS Rules is available at www.jamsadr.com/rules-download and are incorporated by reference. You and ProbablyMonsters agree that any dispute arising out of or related to this Agreement is personal to you and ProbablyMonsters and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and ProbablyMonsters agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and ProbablyMonsters will pay the remaining JAMS fees and costs. For any arbitration initiated by ProbablyMonsters, ProbablyMonsters will pay all JAMS fees and costs. You have the right to an in-person hearing in your hometown area.
15.2 Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this EULA; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
15.3 Opt Out Procedures. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Agreement by sending an email to legal@probablymonsters.com. To be effective, the opt-out notice must include your full name, your Game user ID, and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the section, "Governing Law and Venue."
16. Governing Law and Venue. Subject to Section 15 (Dispute Resolution; Arbitration), this EULA and your download and installation of, and access to, the Game will be governed by and interpreted in accordance with the laws of the State of Washington, without reference to its choice of law rules. Each party irrevocably consents to the jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute between the parties that is not subject to arbitration under this EULA.
17. Conflicts. In the event of a conflict between the terms of this EULA and any other written or oral agreement related to the Game, including the platform terms as applied to the Game, the terms of this EULA will control. An omission or supplemental term will not be deemed a conflict.
18. Miscellaneous. If any provision of this EULA is found to be invalid or unenforceable, such provision will be deemed to be restated to reflect the original intention of the parties to the maximum extent possible and in accordance with applicable law, and the remaining provisions, terms, covenants, and restrictions of this EULA will remain in full force and effect. You may not assign this EULA or any of your rights under this EULA without the prior written consent of ProbablyMonsters. Any attempted assignment without such consent will be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by ProbablyMonsters and our respective successors and assigns. Any failure by ProbablyMonsters to insist upon or enforce performance by you of any of the provisions of this EULA or to exercise any rights or remedies under this EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and will remain in full force and effect.
YOU MUST BE OVER THE AGE OF 18 YEARS OR THE AGE OF MAJORITY IN THE COUNTRY OR STATE IN WHICH YOU RESIDE TO ENTER INTO THIS AGREEMENT. IF YOU ARE YOUNGER THAN THE AGE OF MAJORITY, YOUR PARENT OR GUARDIAN MUST AGREE TO THIS EULA FOR YOU.
Please read this End User License Agreement carefully, including the mandatory arbitration provision in Section 15 (Arbitration), which requires that any disputes be resolved by binding, individual arbitration. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided in Section 15.3 (Opt Out Procedures).
This End User License Agreement (“EULA”) governs your download, installation and use of, and access to, the game known as “Ire: A Prologue” (the “Game”) that is provided by ProbablyMonsters Inc. or its subsidiaries or affiliates (“ProbablyMonsters”) on Steam or other platforms on which the Game may be released.
BY ACKNOWLEDGING YOUR ACCEPTANCE OF THIS EULA OR BY PLAYING THE GAME, YOU ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE EARLIER OF YOUR ACCEPTING THESE TERMS OR YOUR USE OF THE GAME (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROBABLYMONSTERS WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1. Ownership of the Game. The Game is the valuable property of ProbablyMonsters and is protected by copyright and other intellectual property laws and treaties. ProbablyMonsters owns and will retain ownership of all right, title and interest in and to the Game, Game code, characters, content, products, materials, technology, software, inventions, works of authorship, weapons, storylines, imagery, mythos, look and feel, concepts, game mechanics, environments, all other Game elements, and, in each case, all modifications or improvements thereof, together with all related intellectual property in or to all of the foregoing and any of ProbablyMonsters’ trade names, trademarks and logos (all of the foregoing collectively, “Game IP”). ProbablyMonsters reserves all rights not expressly granted to you.
2. Scope of License to the Game. The Game is licensed, not sold, to you. Conditioned upon the terms and conditions of this EULA, and the terms and conditions of any subscriber agreement, user license agreement, or other applicable terms for the platform on which you use or purchase the Game (the “Platform Terms”), ProbablyMonsters grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the Term (defined below) to download, install and use the Game on a device that you own or control for personal, non-commercial purposes. Your use of the Game requires your acceptance of, and compliance with, these terms and the Platform Terms.
Except as expressly provided in this EULA: (a) this Section 2 does not constitute a license to any Game IP or any proprietary materials of ProbablyMonsters; and (b) nothing in this EULA confers or shall be construed as conferring any right or license to the other party’s intellectual property rights, whether by estoppel, implication or otherwise.
3. License Restrictions. The license granted to you in Section 2 does not allow you to do any of the following: (a) use the Game on any Device you do not own or control; (b) distribute, copy, license, rent, sell, publish, lease or otherwise transfer to any third party the Game, any other Game IP (except as expressly permitted by this EULA or the platform terms), or any proprietary materials of ProbablyMonsters; (c) reverse engineer, decompile, disassemble or attempt to discover any source code or trade secrets related to the Game or any other Game IP or any proprietary materials of ProbablyMonsters; (d) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Game or any other Game IP; (e) work around any technical limitations in the Game or any other Game IP; or (f) use the Game or any other Game IP for purposes for which it was not designed. If you breach any of these restrictions, you may be subject to prosecution and damages.
4. Support Services; Contact. If you have any questions regarding the Game, please contact us at playersupport@probablymonsters.com.
5. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. PROBABLYMONSTERS DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. PROBABLYMONSTERS WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. PROBABLYMONSTERS DOES NOT REPRESENT OR WARRANT THAT THE GAME WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROBABLYMONSTERS OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
6. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ProbablyMonsters, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, shareholders, successors, employees, consultants, and agents (“Representatives”) from and against all claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to your download or installation of and access to, or inability to download, install or access, the Game. In the event of any claim that the Game, or your possession or use thereof, infringes any intellectual property rights of a third party, you agree to contact ProbablyMonsters. ProbablyMonsters will, at its option, terminate the license granted herein, settle or defend the claim.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) PROBABLYMONSTERS AND ITS REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF PROBABLYMONSTERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF $10.00 AND THE AMOUNT YOU PAID FOR THE GAME.
8. No Export. You may not use or otherwise export or re-export the Game or any content contained therein, except as authorized by United States law and the laws of the jurisdiction in which the Game or any content was obtained. In particular, but without limitation, the Game and the content contained therein may not be exported or re-exported to (a) any U.S. embargoed countries, or (b) anyone 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.
9. Legal Compliance. By downloading and installing the Game, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including but not limited to U.S. export control laws.
10. Commercial Items. If acquired by any agency of the United States government, such agency acknowledges that: (a) the Game constitutes “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable and (b) such agency's rights are limited to those specifically granted under this EULA.
11. Term. The term of this Agreement will begin on the Effective Date and will continue until the earlier of (a) termination of this Agreement by either party in accordance with the terms herein and (b) termination of your access to the Game by or at the direction of ProbablyMonsters (the “Term”).
12. Termination. Any use of the Game other than as specifically authorized under this EULA, the platform Terms, or any other agreement between you and ProbablyMonsters without the prior written permission of ProbablyMonsters is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You may terminate this EULA at any time by (a) ceasing use of the Game and (b) deleting all copies of the Game in your possession or control. ProbablyMonsters reserves the right to terminate this EULA or your access to the Game at any time, for any or no reason. In the event of termination of this EULA, the license granted to you herein will automatically terminate and you must immediately cease all use of the Game and destroy all copies of the Game within your possession or control.
13. Survival. Sections 1, 3-10, 12 (last sentence only) and 13-18 of this EULA will survive any termination of this EULA.
14. Updates and Modifications. ProbablyMonsters may from time to time provide updates, patches, or other modifications to the Game that must be installed for continued use. You agree that ProbablyMonsters may automatically install such updates without further notice to you. The terms of this EULA will govern any updates or upgrades to the Game, unless such update or upgrade is accompanied by a separate license, in which case the terms of that separate license will govern. Your next use of the Game may be governed by a different EULA and it is your responsibility to check periodically for changes. Your use or continued use of the Game following the posting of any changes to this EULA or any other posted policies will constitute your acceptance of, and agreement to be bound by, the changed terms or policies. ProbablyMonsters reserves the right to modify or discontinue, temporarily or permanently, the Game (or any features or portions thereof) without prior notice. ProbablyMonsters also may impose limits on the use of or access to the Game, in any case and without notice or liability.
15. Dispute Resolution; Arbitration.
15.1 Arbitration. Except for small claims disputes, you and ProbablyMonsters waive all rights to a jury trial and to have any dispute arising out of or related to the terms of this Agreement resolved in court. Instead, disputes relating in any way to this Agreement must be submitted to binding arbitration administered by JAMS. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The most recent version of the JAMS Rules is available at www.jamsadr.com/rules-download and are incorporated by reference. You and ProbablyMonsters agree that any dispute arising out of or related to this Agreement is personal to you and ProbablyMonsters and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and ProbablyMonsters agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and ProbablyMonsters will pay the remaining JAMS fees and costs. For any arbitration initiated by ProbablyMonsters, ProbablyMonsters will pay all JAMS fees and costs. You have the right to an in-person hearing in your hometown area.
15.2 Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this EULA; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
15.3 Opt Out Procedures. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Agreement by sending an email to legal@probablymonsters.com. To be effective, the opt-out notice must include your full name, your Game user ID, and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the section, "Governing Law and Venue."
16. Governing Law and Venue. Subject to Section 15 (Dispute Resolution; Arbitration), this EULA and your download and installation of, and access to, the Game will be governed by and interpreted in accordance with the laws of the State of Washington, without reference to its choice of law rules. Each party irrevocably consents to the jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute between the parties that is not subject to arbitration under this EULA.
17. Conflicts. In the event of a conflict between the terms of this EULA and any other written or oral agreement related to the Game, including the platform terms as applied to the Game, the terms of this EULA will control. An omission or supplemental term will not be deemed a conflict.
18. Miscellaneous. If any provision of this EULA is found to be invalid or unenforceable, such provision will be deemed to be restated to reflect the original intention of the parties to the maximum extent possible and in accordance with applicable law, and the remaining provisions, terms, covenants, and restrictions of this EULA will remain in full force and effect. You may not assign this EULA or any of your rights under this EULA without the prior written consent of ProbablyMonsters. Any attempted assignment without such consent will be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by ProbablyMonsters and our respective successors and assigns. Any failure by ProbablyMonsters to insist upon or enforce performance by you of any of the provisions of this EULA or to exercise any rights or remedies under this EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and will remain in full force and effect.