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HORDE BEYOND END USER LICENSE AGREEMENT
Last Updated: April 11, 2026
This End User License Agreement ("EULA") is a legal agreement between you and Confident Media Group LLC ("Company," "we," "us," or "our") for the video game Horde Beyond, Steam app ID 4319940. The "Game" means the related software, content, features, updates, and bundled components made available with the consumer Steam build.
For clarity, the "Game" includes the consumer Steam-installed game client and bundled consumer components shipped with that installation package, including any bundled embedded server binaries and bundled admin/player web components that are installed with the consumer build. The "Game" does not include any separately distributed dedicated server package, separately distributed tools, third-party services, or other products governed by separate terms.
By downloading, installing, launching, accessing, or otherwise using the Game, you are acquiring a license to use the Game and you agree to this EULA. If you do not agree, do not install, access, or use the Game.
The Game is intended for users aged 13 and older. If you are under 13, you may not use the Game. If you are under the age of majority where you live but at least 13, your parent or legal guardian must review and accept this EULA for you and is responsible for your compliance with it.
1. Relationship To Steam Terms
The Game is distributed through Steam. Your use of Steam, your Steam account, Steam billing, Steam wallet, Steam refunds, Steam platform services, and Steam-operated community features are also governed by Valve's Steam Subscriber Agreement, Steam Online Conduct rules, Steam Refund Policy, and other applicable Steam terms (collectively, the "Steam Terms").
If this EULA conflicts with the Steam Terms on a matter controlled by Steam, the Steam Terms control for that matter. This EULA applies to the Game itself and your relationship with Company regarding the Game.
2. License Grant
Subject to your compliance with this EULA and the Steam Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to:
The Game is licensed, not sold. Except for the limited license expressly granted in this EULA, Company and its licensors reserve all rights, title, and interest in and to the Game.
3. License Restrictions
You may not, and may not permit or assist any other person to:
4. Ownership And Reservation Of Rights
The Game, including all software, code, audiovisual works, writing, designs, gameplay systems, user interfaces, graphics, sounds, music, characters, data, documentation, and all intellectual property rights in the foregoing, is owned by Company and/or its licensors and is protected by copyright, trademark, trade secret, and other laws.
"Horde Beyond," the Horde Beyond logo, "Confident Media Group," and associated visual designs are trademarks or service marks of Confident Media Group LLC. All other trademarks are the property of their respective owners. Unauthorized use of any Company trademark is prohibited.
This EULA does not give you any ownership interest in the Game or in any copies of it.
5. Online Features, Multiplayer, And Service Availability
The Game includes or may include online and multiplayer features, Steam authentication and platform integrations, player chat, progression systems, local hosting, embedded-server functionality, bundled web interfaces, updates, and other network-dependent features. Some features may require:
Company may, with or without prior notice where permitted by law:
Company does not guarantee continuous availability of the Game or any online feature, uninterrupted service, any particular uptime, any specific future feature set, or that the Game will remain available on any particular platform or operating system.
6. User Conduct
You must use the Game responsibly and comply with this EULA, the Steam Terms, and applicable law. Without limiting Section 3, you may not use the Game or any related communication feature to:
Company may investigate and take action regarding suspected misconduct, including warnings, content removal, chat restrictions, suspensions, bans, referrals to Valve, and referrals to law enforcement where appropriate.
7. User Content, Communications, And Feedback
The Game may allow you to send chat messages, gameplay-related communications, bug reports, support requests, feature requests, feedback, or other content ("User Communications").
You retain ownership of rights you may have in your User Communications, but you grant Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, process, use, and modify User Communications as reasonably necessary to:
If you provide ideas, suggestions, proposals, or feedback about the Game, you grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any lawful purpose without notice, approval, or compensation to you.
You represent that you have the rights necessary to submit your User Communications and that your User Communications do not violate law or third-party rights.
8. Privacy And Data Practices
By using the Game, you acknowledge that Company and its service providers may process information necessary to operate, secure, and improve the Game, including account-linked identifiers, Steam identifiers, display names, session and gameplay data, chat and support communications, technical logs, device and network information, and locally persisted Game data. Depending on how you use the Game, some session and player data may also be stored locally, including by SQLite-backed persistence used for local or bundled server functionality.
Company's handling of personal information is described in its privacy policy.
Privacy Policy URL: [[confidentmediagroup.com/privacy]]
Valve separately processes data under the Steam Terms and Valve's privacy policy. Company is not responsible for Valve's privacy practices.
9. Virtual Items, Progression, And In-Game Value
The Game may include progression systems, stats, power cores, upgrades, unlocks, inventory-like records, achievements, ranks, or similar digital features ("Game Entitlements"). Game Entitlements:
Nothing in this EULA overrides any refund rights available under the Steam Refund Policy or non-waivable rights under applicable law.
10. Updates, Patches, And Support
Company may deploy updates, patches, hotfixes, balancing changes, compatibility changes, content changes, or technical measures at any time. These may be required for continued use of some or all Game features.
You agree that:
11. Third-Party Software And Open-Source Components
The Game may include or rely on third-party software, middleware, libraries, services, fonts, codecs, engines, and open-source components. Those components may be subject to separate license terms, notices, and attribution requirements. To the extent required by applicable third-party terms, those third-party terms govern your use of the relevant component instead of this EULA with respect to that component only.
A list of third-party components and their applicable license terms is available in the Game's installation directory under the THIRD-PARTY-NOTICES file.
12. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME OR PLACE, COMPATIBLE WITH ALL SYSTEMS, OR FREE OF LOSS, CORRUPTION, OR INTERRUPTION.
Some jurisdictions do not allow certain disclaimers, so some of the above disclaimers may not apply to you.
13. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, LICENSORS, CONTRACTORS, DISTRIBUTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, DEVICE USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE GAME OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE GAME OR THIS EULA WILL NOT EXCEED THE GREATER OF:
The limitations in this Section apply regardless of the form of action and even if any limited remedy fails of its essential purpose.
Nothing in this EULA limits or excludes liability to the extent such liability cannot be limited or excluded under applicable law, including where applicable for fraud, willful misconduct, gross negligence, death, personal injury, or non-waivable statutory rights.
14. Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, contractors, distributors, and service providers from and against third-party claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
This Section does not require you to indemnify any party for that party's own fraud, willful misconduct, or other liability to the extent such indemnity is prohibited by law.
15. Termination
This EULA begins when you first accept it or first use the Game, whichever occurs first, and continues until terminated.
You may terminate this EULA at any time by ceasing all use of the Game and uninstalling it.
Company may terminate this EULA and your license if:
Company may also suspend or restrict your access to any or all Game features if Company reasonably believes such action is necessary for security, legal compliance, protection of users or services, maintenance, or to investigate suspected violations of this EULA. Company will endeavor to limit the scope and duration of any suspension to what is reasonably necessary under the circumstances.
If the distribution or operation of the Game is permanently discontinued, Company will provide reasonable advance notice where practicable.
Upon termination, your license ends immediately and you must stop using the Game. You may request deletion of your personal data in accordance with Company's privacy policy and applicable law. Sections that by their nature should survive termination will survive, including Sections 4 and 7 through 19.
16. Governing Law
If you reside in a jurisdiction whose mandatory consumer protection, privacy, data protection, or dispute-resolution laws require application of different law or permit you to bring disputes in your local courts or tribunals, those mandatory laws apply to the extent required and override conflicting terms of this EULA.
Except to the extent preempted by federal law, this EULA and any dispute between you and Company are governed by the laws of the State of California, without regard to conflict-of-law rules.
For disputes not subject to arbitration under Section 17, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, except where applicable law requires a different forum.
The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of Section 17.
17. Dispute Resolution And Binding Individual Arbitration
Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court, your right to a jury trial, and your right to participate in a class or representative action, subject to the exceptions stated below and any non-waivable rights under applicable law.
If the law of your place of residence does not permit mandatory arbitration, class-action waivers, jury-trial waivers, or any related restriction in this Section 17, then those restrictions do not apply to you to the extent prohibited by applicable law.
A. Informal Notice Requirement
Before starting arbitration or a small claims action, the party seeking relief must first send a written notice of dispute to the other party and allow thirty (30) days to try to resolve the dispute informally.
Notices to Company must be sent to:
Your notice must include your name, contact information, Steam account name or Steam ID if applicable, a description of the dispute, and the specific relief sought.
B. Agreement To Arbitrate
Except for disputes that qualify for small claims court, claims seeking public injunctive relief that cannot lawfully be compelled to arbitration, and disputes expressly excluded below, you and Company agree to resolve any dispute, claim, or controversy arising out of or relating to this EULA, the Game, or the relationship between you and Company by binding individual arbitration.
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect and, if applicable, the AAA Consumer Due Process Protocol. Information about AAA is available at https://www.adr.org.
C. Arbitration Procedure
Unless you and Company agree otherwise, arbitration will be conducted:
The arbitrator may award the same individual relief as a court could award on an individual claim, including injunctive or declaratory relief where permitted by law, but only to the extent necessary to resolve that individual's claim.
For claims seeking less than USD $10,000, Company will pay all AAA filing, administration, and arbitrator fees. For all other claims, arbitration fees will be allocated as required by the AAA rules or applicable law. Each party will bear its own attorneys' fees except where the arbitrator awards fees under applicable law or contract.
D. Exceptions To Arbitration
Nothing in this EULA requires arbitration of:
E. Class Action Waiver
To the maximum extent permitted by applicable law, you and Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class member, private attorney general, or other representative in any purported class, consolidated, mass, collective, or representative proceeding.
Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, representative, or mass arbitration.
F. Jury Trial Waiver
To the extent any dispute proceeds in court rather than arbitration, and to the maximum extent permitted by applicable law, you and Company knowingly and voluntarily waive any right to a jury trial.
G. 30-Day Opt-Out Right
You may opt out of this arbitration agreement by sending a written opt-out notice within thirty (30) days after you first accept this EULA. Your opt-out notice must include your full name, contact information, Steam account name or Steam ID if applicable, and a clear statement that you are opting out of Section 17 of this EULA.
Opt-out notices must be sent to:
Opting out of arbitration will not affect the rest of this EULA.
H. Severability Of Arbitration Terms
If any part of this Section 17 is found unenforceable, that part will be severed and the remainder will be enforced to the fullest extent permitted by law, except that if the class action waiver in Section 17(E) is found unenforceable with respect to a particular claim or request for relief, then that claim or request for relief will proceed in a court of competent jurisdiction and not in arbitration.
18. Export, Sanctions, And Compliance
You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. embargoes, and that you are not listed on any applicable U.S. government prohibited or restricted party list. You may not use, export, re-export, or transfer the Game except as authorized by U.S. and other applicable export control and sanctions laws.
19. Miscellaneous
20. Contact Information
Confident Media Group LLC
Legal Notices Email: legal@confidentmediagroup.com
Last Updated: April 11, 2026
This End User License Agreement ("EULA") is a legal agreement between you and Confident Media Group LLC ("Company," "we," "us," or "our") for the video game Horde Beyond, Steam app ID 4319940. The "Game" means the related software, content, features, updates, and bundled components made available with the consumer Steam build.
For clarity, the "Game" includes the consumer Steam-installed game client and bundled consumer components shipped with that installation package, including any bundled embedded server binaries and bundled admin/player web components that are installed with the consumer build. The "Game" does not include any separately distributed dedicated server package, separately distributed tools, third-party services, or other products governed by separate terms.
By downloading, installing, launching, accessing, or otherwise using the Game, you are acquiring a license to use the Game and you agree to this EULA. If you do not agree, do not install, access, or use the Game.
The Game is intended for users aged 13 and older. If you are under 13, you may not use the Game. If you are under the age of majority where you live but at least 13, your parent or legal guardian must review and accept this EULA for you and is responsible for your compliance with it.
1. Relationship To Steam Terms
The Game is distributed through Steam. Your use of Steam, your Steam account, Steam billing, Steam wallet, Steam refunds, Steam platform services, and Steam-operated community features are also governed by Valve's Steam Subscriber Agreement, Steam Online Conduct rules, Steam Refund Policy, and other applicable Steam terms (collectively, the "Steam Terms").
If this EULA conflicts with the Steam Terms on a matter controlled by Steam, the Steam Terms control for that matter. This EULA applies to the Game itself and your relationship with Company regarding the Game.
2. License Grant
Subject to your compliance with this EULA and the Steam Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to:
- download, install, and use the Game on devices you own or control, solely for your personal, non-commercial entertainment use; and
- use any bundled hosting or embedded-server functionality that Company makes available as part of the consumer Game solely for your own personal gameplay sessions, as permitted by the Game's features and the Steam Terms.
The Game is licensed, not sold. Except for the limited license expressly granted in this EULA, Company and its licensors reserve all rights, title, and interest in and to the Game.
3. License Restrictions
You may not, and may not permit or assist any other person to:
- copy, reproduce, distribute, publicly perform, publicly display, sell, rent, lease, sublicense, assign, transfer, or commercially exploit the Game except as expressly permitted by this EULA, the Game's built-in functionality, or applicable law;
- reverse engineer, decompile, disassemble, decode, derive source code from, or otherwise attempt to discover the source code, trade secrets, or underlying structure of the Game, except to the limited extent applicable law expressly permits despite this restriction;
- modify the Game or create derivative works of the Game, except to the extent modification is expressly enabled by in-Game functionality or otherwise permitted by applicable law;
- remove, alter, or obscure copyright, trademark, attribution, or other proprietary notices;
- cheat, use bots, scripts, automation, exploits, unauthorized mods, memory edits, packet manipulation, unauthorized overlays, or any other method that gives an unfair advantage, bypasses intended rules, or interferes with the Game or other players;
- circumvent, disable, interfere with, or defeat security features, technical protections, authentication systems, anti-abuse systems, logging, telemetry, or access controls used by the Game, Company, Valve, or their service providers;
- host, operate, or provide commercial hosting, commercial matchmaking, bureau, timesharing, service-provider, or similar services using the Game without Company's prior written consent;
- use the Game for any unlawful, fraudulent, tortious, infringing, harassing, abusive, or otherwise prohibited purpose;
- use the Game in violation of export control, sanctions, or trade laws;
- upload, transmit, or distribute malware, malicious code, unlawful material, or content that infringes third-party rights; or
- use the Game in any way that could damage, disable, overburden, impair, or compromise the Game, Steam, Company systems, or any third-party systems.
4. Ownership And Reservation Of Rights
The Game, including all software, code, audiovisual works, writing, designs, gameplay systems, user interfaces, graphics, sounds, music, characters, data, documentation, and all intellectual property rights in the foregoing, is owned by Company and/or its licensors and is protected by copyright, trademark, trade secret, and other laws.
"Horde Beyond," the Horde Beyond logo, "Confident Media Group," and associated visual designs are trademarks or service marks of Confident Media Group LLC. All other trademarks are the property of their respective owners. Unauthorized use of any Company trademark is prohibited.
This EULA does not give you any ownership interest in the Game or in any copies of it.
5. Online Features, Multiplayer, And Service Availability
The Game includes or may include online and multiplayer features, Steam authentication and platform integrations, player chat, progression systems, local hosting, embedded-server functionality, bundled web interfaces, updates, and other network-dependent features. Some features may require:
- a Steam account in good standing;
- acceptance of Steam Terms;
- Internet access;
- current software versions; and
- compatible hardware, operating systems, or network environments.
Company may, with or without prior notice where permitted by law:
- change, suspend, limit, discontinue, or remove any Game feature, server availability, online mode, or compatibility support;
- patch, update, rebalance, reset, or modify progression, stats, matchmaking, Game economies, or feature availability;
- monitor use of the Game to enforce this EULA, maintain security, investigate abuse, protect players, and operate the Game; and
- suspend or restrict access to any or all Game features if Company reasonably believes you violated this EULA, the Steam Terms, or applicable law, or if necessary for security, maintenance, or legal compliance.
Company does not guarantee continuous availability of the Game or any online feature, uninterrupted service, any particular uptime, any specific future feature set, or that the Game will remain available on any particular platform or operating system.
6. User Conduct
You must use the Game responsibly and comply with this EULA, the Steam Terms, and applicable law. Without limiting Section 3, you may not use the Game or any related communication feature to:
- harass, threaten, intimidate, stalk, abuse, or target other users or Company personnel;
- impersonate any person or entity or misrepresent your affiliation;
- post or transmit unlawful, defamatory, infringing, hateful, discriminatory, obscene, sexually explicit, or otherwise objectionable material;
- dox, scam, phish, or otherwise gather or misuse another person's information;
- disrupt matches, grief other players, manipulate rankings, boost, smurf, or evade restrictions;
- promote or engage in cheating, account sales, real-money trading, unauthorized commercial activity, spam, or advertising; or
- interfere with another person's use or enjoyment of the Game.
Company may investigate and take action regarding suspected misconduct, including warnings, content removal, chat restrictions, suspensions, bans, referrals to Valve, and referrals to law enforcement where appropriate.
7. User Content, Communications, And Feedback
The Game may allow you to send chat messages, gameplay-related communications, bug reports, support requests, feature requests, feedback, or other content ("User Communications").
You retain ownership of rights you may have in your User Communications, but you grant Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, process, use, and modify User Communications as reasonably necessary to:
- operate, provide, maintain, support, moderate, secure, and improve the Game;
- investigate abuse, fraud, cheating, and violations of this EULA;
- comply with law and enforce legal rights; and
- analyze, troubleshoot, and document Game issues.
If you provide ideas, suggestions, proposals, or feedback about the Game, you grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any lawful purpose without notice, approval, or compensation to you.
You represent that you have the rights necessary to submit your User Communications and that your User Communications do not violate law or third-party rights.
8. Privacy And Data Practices
By using the Game, you acknowledge that Company and its service providers may process information necessary to operate, secure, and improve the Game, including account-linked identifiers, Steam identifiers, display names, session and gameplay data, chat and support communications, technical logs, device and network information, and locally persisted Game data. Depending on how you use the Game, some session and player data may also be stored locally, including by SQLite-backed persistence used for local or bundled server functionality.
Company's handling of personal information is described in its privacy policy.
Privacy Policy URL: [[confidentmediagroup.com/privacy]]
Valve separately processes data under the Steam Terms and Valve's privacy policy. Company is not responsible for Valve's privacy practices.
9. Virtual Items, Progression, And In-Game Value
The Game may include progression systems, stats, power cores, upgrades, unlocks, inventory-like records, achievements, ranks, or similar digital features ("Game Entitlements"). Game Entitlements:
- are part of the licensed Game experience;
- have no cash value except as provided by the Steam Refund Policy or as applicable law expressly requires;
- are not bank accounts, deposits, stored value, or personal property;
- are not redeemable for money or monetary value from Company; and
- may be modified, rebalanced, reset, removed, or discontinued by Company as part of operating or updating the Game, subject to applicable law and any rights preserved by the Steam Terms.
Nothing in this EULA overrides any refund rights available under the Steam Refund Policy or non-waivable rights under applicable law.
10. Updates, Patches, And Support
Company may deploy updates, patches, hotfixes, balancing changes, compatibility changes, content changes, or technical measures at any time. These may be required for continued use of some or all Game features.
You agree that:
- the Game may update automatically through Steam or other authorized distribution mechanisms;
- system requirements, compatibility, and performance may change over time;
- Company is not obligated to provide any specific update, support service, or maintenance service unless required by applicable law; and
- Company may discontinue support for older versions when reasonably necessary for security, stability, or interoperability.
11. Third-Party Software And Open-Source Components
The Game may include or rely on third-party software, middleware, libraries, services, fonts, codecs, engines, and open-source components. Those components may be subject to separate license terms, notices, and attribution requirements. To the extent required by applicable third-party terms, those third-party terms govern your use of the relevant component instead of this EULA with respect to that component only.
A list of third-party components and their applicable license terms is available in the Game's installation directory under the THIRD-PARTY-NOTICES file.
12. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME OR PLACE, COMPATIBLE WITH ALL SYSTEMS, OR FREE OF LOSS, CORRUPTION, OR INTERRUPTION.
Some jurisdictions do not allow certain disclaimers, so some of the above disclaimers may not apply to you.
13. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, LICENSORS, CONTRACTORS, DISTRIBUTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, DEVICE USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE GAME OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE GAME OR THIS EULA WILL NOT EXCEED THE GREATER OF:
- the amount you paid to acquire the Game license giving rise to the claim during the twelve (12) months before the event giving rise to the claim; or
- USD $50.00.
The limitations in this Section apply regardless of the form of action and even if any limited remedy fails of its essential purpose.
Nothing in this EULA limits or excludes liability to the extent such liability cannot be limited or excluded under applicable law, including where applicable for fraud, willful misconduct, gross negligence, death, personal injury, or non-waivable statutory rights.
14. Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, contractors, distributors, and service providers from and against third-party claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- your breach of this EULA;
- your unlawful conduct;
- your infringement or violation of any third-party right; or
- your misuse of the Game, Steam, or any related service.
This Section does not require you to indemnify any party for that party's own fraud, willful misconduct, or other liability to the extent such indemnity is prohibited by law.
15. Termination
This EULA begins when you first accept it or first use the Game, whichever occurs first, and continues until terminated.
You may terminate this EULA at any time by ceasing all use of the Game and uninstalling it.
Company may terminate this EULA and your license if:
- you materially breach this EULA or the Steam Terms;
- you fail to pay any amounts owed in connection with the Game; or
- termination is required by a court order or applicable law.
Company may also suspend or restrict your access to any or all Game features if Company reasonably believes such action is necessary for security, legal compliance, protection of users or services, maintenance, or to investigate suspected violations of this EULA. Company will endeavor to limit the scope and duration of any suspension to what is reasonably necessary under the circumstances.
If the distribution or operation of the Game is permanently discontinued, Company will provide reasonable advance notice where practicable.
Upon termination, your license ends immediately and you must stop using the Game. You may request deletion of your personal data in accordance with Company's privacy policy and applicable law. Sections that by their nature should survive termination will survive, including Sections 4 and 7 through 19.
16. Governing Law
If you reside in a jurisdiction whose mandatory consumer protection, privacy, data protection, or dispute-resolution laws require application of different law or permit you to bring disputes in your local courts or tribunals, those mandatory laws apply to the extent required and override conflicting terms of this EULA.
Except to the extent preempted by federal law, this EULA and any dispute between you and Company are governed by the laws of the State of California, without regard to conflict-of-law rules.
For disputes not subject to arbitration under Section 17, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, except where applicable law requires a different forum.
The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of Section 17.
17. Dispute Resolution And Binding Individual Arbitration
Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court, your right to a jury trial, and your right to participate in a class or representative action, subject to the exceptions stated below and any non-waivable rights under applicable law.
If the law of your place of residence does not permit mandatory arbitration, class-action waivers, jury-trial waivers, or any related restriction in this Section 17, then those restrictions do not apply to you to the extent prohibited by applicable law.
A. Informal Notice Requirement
Before starting arbitration or a small claims action, the party seeking relief must first send a written notice of dispute to the other party and allow thirty (30) days to try to resolve the dispute informally.
Notices to Company must be sent to:
Your notice must include your name, contact information, Steam account name or Steam ID if applicable, a description of the dispute, and the specific relief sought.
B. Agreement To Arbitrate
Except for disputes that qualify for small claims court, claims seeking public injunctive relief that cannot lawfully be compelled to arbitration, and disputes expressly excluded below, you and Company agree to resolve any dispute, claim, or controversy arising out of or relating to this EULA, the Game, or the relationship between you and Company by binding individual arbitration.
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect and, if applicable, the AAA Consumer Due Process Protocol. Information about AAA is available at https://www.adr.org.
C. Arbitration Procedure
Unless you and Company agree otherwise, arbitration will be conducted:
- by documents only, telephone, video conference, or other remote means where permitted by the AAA rules and applicable law; and
- if an in-person hearing is required, in the county or parish where you reside, or another location the parties and arbitrator agree upon, unless applicable law requires a different location.
The arbitrator may award the same individual relief as a court could award on an individual claim, including injunctive or declaratory relief where permitted by law, but only to the extent necessary to resolve that individual's claim.
For claims seeking less than USD $10,000, Company will pay all AAA filing, administration, and arbitrator fees. For all other claims, arbitration fees will be allocated as required by the AAA rules or applicable law. Each party will bear its own attorneys' fees except where the arbitrator awards fees under applicable law or contract.
D. Exceptions To Arbitration
Nothing in this EULA requires arbitration of:
- an individual action properly brought in small claims court;
- a claim concerning the validity, infringement, misappropriation, or enforcement of intellectual property rights;
- a request for temporary, preliminary, or emergency injunctive relief in aid of arbitration; or
- a claim for public injunctive relief to the extent applicable law requires such claim to be heard in court and does not permit arbitration of that claim.
E. Class Action Waiver
To the maximum extent permitted by applicable law, you and Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class member, private attorney general, or other representative in any purported class, consolidated, mass, collective, or representative proceeding.
Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, representative, or mass arbitration.
F. Jury Trial Waiver
To the extent any dispute proceeds in court rather than arbitration, and to the maximum extent permitted by applicable law, you and Company knowingly and voluntarily waive any right to a jury trial.
G. 30-Day Opt-Out Right
You may opt out of this arbitration agreement by sending a written opt-out notice within thirty (30) days after you first accept this EULA. Your opt-out notice must include your full name, contact information, Steam account name or Steam ID if applicable, and a clear statement that you are opting out of Section 17 of this EULA.
Opt-out notices must be sent to:
Opting out of arbitration will not affect the rest of this EULA.
H. Severability Of Arbitration Terms
If any part of this Section 17 is found unenforceable, that part will be severed and the remainder will be enforced to the fullest extent permitted by law, except that if the class action waiver in Section 17(E) is found unenforceable with respect to a particular claim or request for relief, then that claim or request for relief will proceed in a court of competent jurisdiction and not in arbitration.
18. Export, Sanctions, And Compliance
You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. embargoes, and that you are not listed on any applicable U.S. government prohibited or restricted party list. You may not use, export, re-export, or transfer the Game except as authorized by U.S. and other applicable export control and sanctions laws.
19. Miscellaneous
- Entire Agreement. This EULA, together with any applicable Steam Terms and any additional terms expressly presented for a specific Game feature, is the entire agreement between you and Company regarding the Game and supersedes prior or contemporaneous understandings regarding the same subject matter.
- Severability. If any provision of this EULA is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
- No Waiver. A failure by Company to enforce any provision is not a waiver of its right to do so later.
- Assignment. You may not assign or transfer this EULA or any rights under it without Company's prior written consent. Company may assign this EULA in whole or in part in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
- Force Majeure. Company is not liable for delay or failure to perform resulting from causes beyond its reasonable control.
- Interpretation. Headings are for convenience only and do not affect interpretation. The word "including" means "including without limitation."
- Consumer Rights. Nothing in this EULA limits any consumer rights or remedies that cannot be waived under applicable law.
20. Contact Information
Confident Media Group LLC
Legal Notices Email: legal@confidentmediagroup.com