This End-User License Agreement ("EULA") is a legal agreement between you and RUBIEST GAMEZ

This EULA agreement governs your acquisition and use of our HIGHER GROUND software ("Software") directly from RUBIEST GAMEZ or indirectly through a RUBIEST GAMEZ authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the HIGHER GROUND software. It provides a license to use the HIGHER GROUND software and contains warranty information and liability disclaimers.

If you register for a free trial of the HIGHER GROUND software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the HIGHER GROUND software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement and every change in future versions of it. EULAs are subject to change without notice.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. We are not responsible if this product causes any problem to your computer.

This EULA agreement shall apply only to the Software supplied by RUBIEST GAMEZ herewith regardless of whether other software is referred to or described herein. The terms also apply to any RUBIEST GAMEZ updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.


RUBIEST GAMEZ hereby grants you a personal, non-transferable, non-exclusive licence to use the HIGHER GROUND software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the HIGHER GROUND software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the HIGHER GROUND software.

You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the Software in any way which breaches any applicable local, national or international law
• use the Software for any purpose that RUBIEST GAMEZ considers is a breach of this EULA agreement

RUBIEST GAMEZ shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of RUBIEST GAMEZ.

RUBIEST GAMEZ reserves the right to grant licences to use the Software to third parties.


This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to RUBIEST GAMEZ.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.


This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of United States and elsewhere.


HIGHER GROUND includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. RUBIEST GAMEZ, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, RUBIEST GAMEZ, Epic, and Epic’s affiliates make no warranty that 1) any of the Epic Materials will operate properly, including as integrated in the HIGHER GROUND, 2) that the Epic Materials will meet your requirements, 3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, 4) that any defects in the Epic Materials can or will be corrected, 5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or 6) that a platform manufacturer has approved or will approve this HIGHER GROUND, or will not revoke approval of this HIGHER GROUND for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by RUBIEST GAMEZ and Epic. RUBIEST GAMEZ, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither RUBIEST GAMEZ, Epic, Epic’s licensors, nor its or their affiliates, nor any of RUBIEST GAMEZ’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will RUBIEST GAMEZ, Epic, Epic’s licensors, nor its or their affiliates, nor any of RUBIEST GAMEZ’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of RUBIEST GAMEZ’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if RUBIEST GAMEZ, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of RUBIEST GAMEZ, Epic, Epic’s licensors, its and their affiliates, and any of RUBIEST GAMEZ’s or Epic’s service providers shall be limited to the full extent permitted by law.