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END USER LICENSE AGREEMENT (EULA)
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
This End User License Agreement (“Agreement”) is a legally binding contract between you (the “User,” “You,” or “Player”) and Infinite Loop Studios Ltd. (“Company,” “We,” or “Us”), regarding your use of the video game software entitled Grimrail, including all related updates, downloadable content, expansions, documentation, artwork, soundtracks, and any online or offline services provided in connection with the software (collectively, the “Game”).
By installing, accessing, or otherwise using the Game, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms. If you do not agree, do not install or use the Game.
1. LICENSE GRANT
1.1 Limited License. Subject to your compliance with this Agreement, the Company grants you a limited, personal, revocable, non-exclusive, and non-transferable license to install and use one copy of the Game on devices that you own or control, solely for your private, non-commercial entertainment use.
1.2 Scope. This license does not grant you any rights or interest in or to the Game other than the limited rights expressly stated in this Agreement. All rights not expressly granted herein are reserved by the Company.
1.3 Platform Rules. Your use of the Game may also be subject to the rules, terms, and conditions of third-party platforms or distributors (e.g., Valve Corporation’s Steam Subscriber Agreement). In the event of any conflict, the stricter terms shall apply.
2. RESTRICTIONS
You agree that you will not, under any circumstances, either directly or indirectly:
2.1 Unauthorized Copying & Distribution. Copy, reproduce, modify, display, perform, publish, distribute, transmit, or otherwise make available the Game or any of its components in any form or by any means, except as expressly permitted by this Agreement.
2.2 Commercial Exploitation. Sell, rent, lease, license, sublicense, loan, or otherwise use the Game for any commercial purpose without the prior written consent of the Company.
2.3 Reverse Engineering. Decompile, disassemble, reverse-engineer, or attempt to derive the source code, algorithms, or structure of the Game, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.4 Cheats & Unauthorized Tools. Create, use, or distribute cheats, bots, hacks, mods, trainers, automation software, or any unauthorized third-party software designed to modify or interfere with the Game or its operation.
2.5 Circumvention. Bypass, disable, or otherwise circumvent any encryption, security technology, digital rights management (DRM), or access controls associated with the Game.
2.6 Derivative Works. Modify, adapt, translate, or create derivative works based on the Game or any of its components, including but not limited to characters, artwork, storylines, or gameplay mechanics, except as expressly authorized in writing by the Company.
2.7 Illegal or Harmful Use. Use the Game in connection with any unlawful, offensive, defamatory, harassing, fraudulent, or otherwise harmful conduct.
2.8 Transfer. Transfer, sublicense, or assign your license rights under this Agreement to any other party, whether by contract, merger, acquisition, operation of law, or otherwise, without the Company’s prior written consent.
Any unauthorized use of the Game constitutes a material breach of this Agreement and may subject you to civil and criminal penalties.
3. OWNERSHIP
3.1 Intellectual Property. The Game, including but not limited to its code, design, characters, narrative, art, sound, music, user interface, trademarks, and trade dress, is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights, title, and interest in and to the Game are owned exclusively by the Company or its licensors.
3.2 No Transfer of Rights. This Agreement does not convey to you any ownership interest or title in or to the Game. You are granted only the limited license set forth in Section 1.
3.3 Company Rights. The Company and its licensors reserve all rights not expressly granted to you in this Agreement.
3.4 Third-Party Content. The Game may contain licensed elements, assets, or technology from third parties. Such materials remain the property of their respective owners, and you agree to comply with any additional terms and conditions that may apply to their use.
4. USER-GENERATED CONTENT (UGC)
4.1 Definition. If the Game enables you to create, upload, modify, or share content (collectively, “User-Generated Content” or “UGC”), you retain ownership of your UGC, subject to the licenses granted herein.
4.2 License to Company. By creating, uploading, or sharing UGC in connection with the Game, you grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, distribute, transmit, publicly display, publicly perform, and otherwise exploit such UGC for any purpose related to the Game, including but not limited to promotion, distribution, or incorporation into the Game or related products.
4.3 Player Responsibility. You represent and warrant that:
You have all necessary rights to create and share your UGC.
Your UGC does not infringe or violate any intellectual property rights, privacy rights, or other legal rights of any third party.
Your UGC does not contain unlawful, defamatory, harassing, obscene, hateful, or otherwise offensive content.
4.4 Company Rights. The Company reserves the right, but not the obligation, to review, remove, refuse, or disable access to any UGC at its discretion, without liability to you.
4.5 No Compensation. You acknowledge and agree that you are not entitled to any compensation, credit, or notice in connection with the Company’s use of UGC under this Agreement.
5. UPDATES, PATCHES, AND FUTURE CONTENT
5.1 Updates. The Company may, from time to time, provide patches, bug fixes, updates, upgrades, modifications, expansions, or downloadable content (“Updates”) to the Game.
5.2 Automatic Installation. By installing and using the Game, you consent to the automatic download and installation of Updates. These Updates may modify or remove certain features of the Game, and you agree that the Company has no obligation to provide any specific features or functionality.
5.3 Applicability of EULA. All Updates and expansions provided by the Company are subject to this Agreement, unless accompanied by a separate license agreement.
5.4 No Obligation to Maintain. The Company does not guarantee ongoing support or that it will continue to provide Updates, expansions, or technical support for the Game beyond what it deems reasonable.
6. HEALTH & SAFETY DISCLAIMER
6.1 Epilepsy Warning. The Game may contain flashing lights, visual patterns, or rapid image sequences that could trigger seizures, loss of consciousness, or other symptoms in individuals with photosensitive epilepsy or related conditions. If you or anyone in your household has an epileptic condition, consult a doctor before playing.
6.2 Psychological Content. The Game includes frightening imagery, psychological horror elements, mature themes, and disturbing content that may not be suitable for all players. Themes may include violence, trauma, emotional distress, and other content intended for mature audiences.
6.3 Physical Safety. You are responsible for ensuring that your play environment is safe. Do not play when tired, under the influence of alcohol or drugs, or in situations that may pose a physical risk.
6.4 Stop Playing If Unwell. If you experience dizziness, nausea, disorientation, blurred vision, eye or muscle twitches, seizures, loss of awareness, or any similar symptoms, immediately stop playing and consult a medical professional.
6.5 Assumption of Risk. By playing the Game, you acknowledge and accept that you do so at your own risk and that the Company shall not be liable for any injury, condition, or damage resulting from use of the Game.
7. PRIVACY & DATA
7.1 No Direct Collection. The Company does not directly collect or store personally identifiable information (“PII”) from players through the Game itself.
7.2 Platform Data. Any account, billing, or personal data used in connection with the Game is processed and managed by the distribution platform (e.g., Steam), and is governed by the platform’s own privacy policies. The Company has no responsibility for the platform’s handling of such data.
7.3 Technical Data. The Company may, either directly or through third-party service providers, collect non-personal technical information, including but not limited to crash reports, performance analytics, and system specifications, for the purpose of diagnosing technical issues, improving the Game, and supporting players.
7.4 Third-Party Tools. If third-party tools or analytics services are used in future Updates or expansions, they will be disclosed in the Company’s Privacy Policy. Continued use of the Game after such disclosure will constitute your consent.
7.5 Compliance. The Company will comply with applicable data protection laws in the jurisdictions in which it operates.
8. STREAMING & CONTENT CREATION
8.1 Permitted Use. The Company encourages players to capture, livestream, and share gameplay footage of the Game (“Gameplay Content”) on platforms such as YouTube, Twitch, and other video-sharing or streaming services.
8.2 Monetization. You may monetize Gameplay Content through standard platform features (such as YouTube Partner Program or Twitch Affiliate/Partner revenue) provided that such monetization is incidental to the sharing of your gameplay experience.
8.3 Restrictions. You may not:
Sell, license, or commercially exploit Game assets, characters, audio, visuals, or storylines independently of the Game.
Use Gameplay Content in association with defamatory, obscene, infringing, or unlawful material.
Claim or imply any sponsorship, endorsement, or official relationship with the Company without written permission.
8.4 Company Rights. The Company reserves the right to revoke this permission at any time and for any reason, including if you violate the spirit or letter of this Agreement.
9. AGE RESTRICTION
9.1 Intended Audience. Grimrail contains mature horror themes, including frightening imagery, disturbing psychological content, and depictions of violence. It is intended for players aged 16+ and above.
9.2 Responsibility. By installing or using the Game, you confirm that you meet the minimum age requirement, or that you have obtained consent from a parent or legal guardian where required by applicable law.
9.3 Parental Guidance. Parents and guardians are advised to monitor the use of the Game by minors and to consider the nature of its content before permitting access.
9.4 Liability Disclaimer. The Company disclaims any responsibility for consequences arising from access to the Game by users who fail to meet the minimum age requirement.
10. TERMINATION
10.1 Automatic Termination. This Agreement is effective upon your installation or first use of the Game and shall remain in effect until terminated. This Agreement will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement.
10.2 Company Termination Rights. The Company reserves the right to suspend, revoke, or terminate your license to the Game at any time, with or without notice, if the Company reasonably believes you have violated this Agreement or engaged in conduct harmful to the Game, its community, or the Company’s rights.
10.3 Effect of Termination. Upon termination of this Agreement, you must immediately cease all use of the Game, uninstall and permanently delete all copies from your devices, and destroy any materials related to the Game in your possession.
10.4 Survival of Provisions. The provisions of this Agreement concerning ownership (Section 3), disclaimers (Section 11), limitation of liability (Section 12), indemnification (Section 13), governing law (Section 14), and any other provisions that by their nature should survive, shall remain in full force and effect after termination.
11. DISCLAIMER OF WARRANTIES
11.1 As-Is Basis. THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.
11.2 No Guarantee of Performance. The Company does not warrant that the Game will be error-free, uninterrupted, secure, or free of viruses or harmful components, nor that defects or errors will be corrected.
11.3 No Implied Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
11.4 Player Responsibility. You acknowledge that you use the Game at your own risk and that you are solely responsible for any damage to your devices, operating systems, or data that results from installation or use of the Game.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GAME, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME. IF YOU OBTAINED THE GAME FOR FREE (E.G., THROUGH A PROMOTION, GIVEAWAY, OR BUNDLE), THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED TEN U.S. DOLLARS (US $10.00).
12.3 Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, the Company’s liability shall be limited to the fullest extent permitted by law.
13. INDEMNITY
13.1 Your Obligation. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, licensors, contractors, and agents from and against any and all claims, damages, losses, liabilities, expenses, and costs (including reasonable attorneys’ fees) arising from or relating to:
(a) your violation of this Agreement;
(b) your misuse or unauthorized use of the Game;
(c) your User-Generated Content (if applicable); or
(d) any infringement of third-party rights caused by your actions in connection with the Game.
13.2 Company Control. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully in the defense of such claims.
14. GOVERNING LAW
14.1 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles.
14.2 Forum. You agree that any disputes, claims, or legal proceedings arising under or in connection with this Agreement shall be brought exclusively in the courts located within Vancouver, British Columbia, and you hereby consent to the personal jurisdiction and venue of such courts.
14.3 International Users. If you access or use the Game from outside Canada, you are responsible for compliance with all applicable local laws.
15. SEVERABILITY
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected and shall remain in full force and effect.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company with respect to the Game and supersedes any and all prior or contemporaneous understandings, agreements, or representations, whether written or oral, relating to the Game.
No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall constitute a waiver thereof.
Closing Statement
BY INSTALLING, ACCESSING, OR USING GRIMRAIL, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
This End User License Agreement (“Agreement”) is a legally binding contract between you (the “User,” “You,” or “Player”) and Infinite Loop Studios Ltd. (“Company,” “We,” or “Us”), regarding your use of the video game software entitled Grimrail, including all related updates, downloadable content, expansions, documentation, artwork, soundtracks, and any online or offline services provided in connection with the software (collectively, the “Game”).
By installing, accessing, or otherwise using the Game, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms. If you do not agree, do not install or use the Game.
1. LICENSE GRANT
1.1 Limited License. Subject to your compliance with this Agreement, the Company grants you a limited, personal, revocable, non-exclusive, and non-transferable license to install and use one copy of the Game on devices that you own or control, solely for your private, non-commercial entertainment use.
1.2 Scope. This license does not grant you any rights or interest in or to the Game other than the limited rights expressly stated in this Agreement. All rights not expressly granted herein are reserved by the Company.
1.3 Platform Rules. Your use of the Game may also be subject to the rules, terms, and conditions of third-party platforms or distributors (e.g., Valve Corporation’s Steam Subscriber Agreement). In the event of any conflict, the stricter terms shall apply.
2. RESTRICTIONS
You agree that you will not, under any circumstances, either directly or indirectly:
2.1 Unauthorized Copying & Distribution. Copy, reproduce, modify, display, perform, publish, distribute, transmit, or otherwise make available the Game or any of its components in any form or by any means, except as expressly permitted by this Agreement.
2.2 Commercial Exploitation. Sell, rent, lease, license, sublicense, loan, or otherwise use the Game for any commercial purpose without the prior written consent of the Company.
2.3 Reverse Engineering. Decompile, disassemble, reverse-engineer, or attempt to derive the source code, algorithms, or structure of the Game, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.4 Cheats & Unauthorized Tools. Create, use, or distribute cheats, bots, hacks, mods, trainers, automation software, or any unauthorized third-party software designed to modify or interfere with the Game or its operation.
2.5 Circumvention. Bypass, disable, or otherwise circumvent any encryption, security technology, digital rights management (DRM), or access controls associated with the Game.
2.6 Derivative Works. Modify, adapt, translate, or create derivative works based on the Game or any of its components, including but not limited to characters, artwork, storylines, or gameplay mechanics, except as expressly authorized in writing by the Company.
2.7 Illegal or Harmful Use. Use the Game in connection with any unlawful, offensive, defamatory, harassing, fraudulent, or otherwise harmful conduct.
2.8 Transfer. Transfer, sublicense, or assign your license rights under this Agreement to any other party, whether by contract, merger, acquisition, operation of law, or otherwise, without the Company’s prior written consent.
Any unauthorized use of the Game constitutes a material breach of this Agreement and may subject you to civil and criminal penalties.
3. OWNERSHIP
3.1 Intellectual Property. The Game, including but not limited to its code, design, characters, narrative, art, sound, music, user interface, trademarks, and trade dress, is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights, title, and interest in and to the Game are owned exclusively by the Company or its licensors.
3.2 No Transfer of Rights. This Agreement does not convey to you any ownership interest or title in or to the Game. You are granted only the limited license set forth in Section 1.
3.3 Company Rights. The Company and its licensors reserve all rights not expressly granted to you in this Agreement.
3.4 Third-Party Content. The Game may contain licensed elements, assets, or technology from third parties. Such materials remain the property of their respective owners, and you agree to comply with any additional terms and conditions that may apply to their use.
4. USER-GENERATED CONTENT (UGC)
4.1 Definition. If the Game enables you to create, upload, modify, or share content (collectively, “User-Generated Content” or “UGC”), you retain ownership of your UGC, subject to the licenses granted herein.
4.2 License to Company. By creating, uploading, or sharing UGC in connection with the Game, you grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, distribute, transmit, publicly display, publicly perform, and otherwise exploit such UGC for any purpose related to the Game, including but not limited to promotion, distribution, or incorporation into the Game or related products.
4.3 Player Responsibility. You represent and warrant that:
You have all necessary rights to create and share your UGC.
Your UGC does not infringe or violate any intellectual property rights, privacy rights, or other legal rights of any third party.
Your UGC does not contain unlawful, defamatory, harassing, obscene, hateful, or otherwise offensive content.
4.4 Company Rights. The Company reserves the right, but not the obligation, to review, remove, refuse, or disable access to any UGC at its discretion, without liability to you.
4.5 No Compensation. You acknowledge and agree that you are not entitled to any compensation, credit, or notice in connection with the Company’s use of UGC under this Agreement.
5. UPDATES, PATCHES, AND FUTURE CONTENT
5.1 Updates. The Company may, from time to time, provide patches, bug fixes, updates, upgrades, modifications, expansions, or downloadable content (“Updates”) to the Game.
5.2 Automatic Installation. By installing and using the Game, you consent to the automatic download and installation of Updates. These Updates may modify or remove certain features of the Game, and you agree that the Company has no obligation to provide any specific features or functionality.
5.3 Applicability of EULA. All Updates and expansions provided by the Company are subject to this Agreement, unless accompanied by a separate license agreement.
5.4 No Obligation to Maintain. The Company does not guarantee ongoing support or that it will continue to provide Updates, expansions, or technical support for the Game beyond what it deems reasonable.
6. HEALTH & SAFETY DISCLAIMER
6.1 Epilepsy Warning. The Game may contain flashing lights, visual patterns, or rapid image sequences that could trigger seizures, loss of consciousness, or other symptoms in individuals with photosensitive epilepsy or related conditions. If you or anyone in your household has an epileptic condition, consult a doctor before playing.
6.2 Psychological Content. The Game includes frightening imagery, psychological horror elements, mature themes, and disturbing content that may not be suitable for all players. Themes may include violence, trauma, emotional distress, and other content intended for mature audiences.
6.3 Physical Safety. You are responsible for ensuring that your play environment is safe. Do not play when tired, under the influence of alcohol or drugs, or in situations that may pose a physical risk.
6.4 Stop Playing If Unwell. If you experience dizziness, nausea, disorientation, blurred vision, eye or muscle twitches, seizures, loss of awareness, or any similar symptoms, immediately stop playing and consult a medical professional.
6.5 Assumption of Risk. By playing the Game, you acknowledge and accept that you do so at your own risk and that the Company shall not be liable for any injury, condition, or damage resulting from use of the Game.
7. PRIVACY & DATA
7.1 No Direct Collection. The Company does not directly collect or store personally identifiable information (“PII”) from players through the Game itself.
7.2 Platform Data. Any account, billing, or personal data used in connection with the Game is processed and managed by the distribution platform (e.g., Steam), and is governed by the platform’s own privacy policies. The Company has no responsibility for the platform’s handling of such data.
7.3 Technical Data. The Company may, either directly or through third-party service providers, collect non-personal technical information, including but not limited to crash reports, performance analytics, and system specifications, for the purpose of diagnosing technical issues, improving the Game, and supporting players.
7.4 Third-Party Tools. If third-party tools or analytics services are used in future Updates or expansions, they will be disclosed in the Company’s Privacy Policy. Continued use of the Game after such disclosure will constitute your consent.
7.5 Compliance. The Company will comply with applicable data protection laws in the jurisdictions in which it operates.
8. STREAMING & CONTENT CREATION
8.1 Permitted Use. The Company encourages players to capture, livestream, and share gameplay footage of the Game (“Gameplay Content”) on platforms such as YouTube, Twitch, and other video-sharing or streaming services.
8.2 Monetization. You may monetize Gameplay Content through standard platform features (such as YouTube Partner Program or Twitch Affiliate/Partner revenue) provided that such monetization is incidental to the sharing of your gameplay experience.
8.3 Restrictions. You may not:
Sell, license, or commercially exploit Game assets, characters, audio, visuals, or storylines independently of the Game.
Use Gameplay Content in association with defamatory, obscene, infringing, or unlawful material.
Claim or imply any sponsorship, endorsement, or official relationship with the Company without written permission.
8.4 Company Rights. The Company reserves the right to revoke this permission at any time and for any reason, including if you violate the spirit or letter of this Agreement.
9. AGE RESTRICTION
9.1 Intended Audience. Grimrail contains mature horror themes, including frightening imagery, disturbing psychological content, and depictions of violence. It is intended for players aged 16+ and above.
9.2 Responsibility. By installing or using the Game, you confirm that you meet the minimum age requirement, or that you have obtained consent from a parent or legal guardian where required by applicable law.
9.3 Parental Guidance. Parents and guardians are advised to monitor the use of the Game by minors and to consider the nature of its content before permitting access.
9.4 Liability Disclaimer. The Company disclaims any responsibility for consequences arising from access to the Game by users who fail to meet the minimum age requirement.
10. TERMINATION
10.1 Automatic Termination. This Agreement is effective upon your installation or first use of the Game and shall remain in effect until terminated. This Agreement will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement.
10.2 Company Termination Rights. The Company reserves the right to suspend, revoke, or terminate your license to the Game at any time, with or without notice, if the Company reasonably believes you have violated this Agreement or engaged in conduct harmful to the Game, its community, or the Company’s rights.
10.3 Effect of Termination. Upon termination of this Agreement, you must immediately cease all use of the Game, uninstall and permanently delete all copies from your devices, and destroy any materials related to the Game in your possession.
10.4 Survival of Provisions. The provisions of this Agreement concerning ownership (Section 3), disclaimers (Section 11), limitation of liability (Section 12), indemnification (Section 13), governing law (Section 14), and any other provisions that by their nature should survive, shall remain in full force and effect after termination.
11. DISCLAIMER OF WARRANTIES
11.1 As-Is Basis. THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.
11.2 No Guarantee of Performance. The Company does not warrant that the Game will be error-free, uninterrupted, secure, or free of viruses or harmful components, nor that defects or errors will be corrected.
11.3 No Implied Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
11.4 Player Responsibility. You acknowledge that you use the Game at your own risk and that you are solely responsible for any damage to your devices, operating systems, or data that results from installation or use of the Game.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GAME, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME. IF YOU OBTAINED THE GAME FOR FREE (E.G., THROUGH A PROMOTION, GIVEAWAY, OR BUNDLE), THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED TEN U.S. DOLLARS (US $10.00).
12.3 Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, the Company’s liability shall be limited to the fullest extent permitted by law.
13. INDEMNITY
13.1 Your Obligation. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, licensors, contractors, and agents from and against any and all claims, damages, losses, liabilities, expenses, and costs (including reasonable attorneys’ fees) arising from or relating to:
(a) your violation of this Agreement;
(b) your misuse or unauthorized use of the Game;
(c) your User-Generated Content (if applicable); or
(d) any infringement of third-party rights caused by your actions in connection with the Game.
13.2 Company Control. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully in the defense of such claims.
14. GOVERNING LAW
14.1 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles.
14.2 Forum. You agree that any disputes, claims, or legal proceedings arising under or in connection with this Agreement shall be brought exclusively in the courts located within Vancouver, British Columbia, and you hereby consent to the personal jurisdiction and venue of such courts.
14.3 International Users. If you access or use the Game from outside Canada, you are responsible for compliance with all applicable local laws.
15. SEVERABILITY
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected and shall remain in full force and effect.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company with respect to the Game and supersedes any and all prior or contemporaneous understandings, agreements, or representations, whether written or oral, relating to the Game.
No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall constitute a waiver thereof.
Closing Statement
BY INSTALLING, ACCESSING, OR USING GRIMRAIL, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.