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This End-User License Agreement ("EULA") is a legal agreement between you and Castle Steps LLC
This EULA agreement governs your acquisition and use of our Arcade LA Deadzone software ("Software") directly from Castle Steps LLC or indirectly through a Castle Steps LLC authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Arcade LA Deadzone software. It provides a license to use the Arcade LA Deadzone software and contains warranty information and liability disclaimers.
If you register for a free trial of the Arcade LA Deadzone software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Arcade LA Deadzone software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
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.
This EULA agreement shall apply only to the Software supplied by Castle Steps LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Castle Steps LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for Arcade LA Deadzone.
1. License Grant
Castle Steps LLC hereby grants you a commercial, non-transferable, non-exclusive license to use the Arcade LA Deadzone software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Arcade LA Deadzone 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 Arcade LA Deadzone 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
You may not circumvent or attempt to circumvent any content protection system or DRM management software or any other security technology that is associated with the Product.
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that Castle Steps LLC considers is a breach of this EULA agreement
2. Eligibility
You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. Castle Steps does not knowingly collect any personal information from children under the age of 13. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this EULA as a binding contract and to abide by all Terms.
You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by Castle Steps or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
3. Software Updates
Certain software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.
4. Use of Service
You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game or Services, you hereby grant Castle Steps a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Castle Steps’s intellectual property, Game or other software, Services, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Castle Steps will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.
You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Castle Steps on or through the Game or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as reviews you post on Steam) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Availability. The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Services and Content in certain territories and jurisdictions.
5. Network Costs
You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
6. Health and Safety
6.1 Epileptic Seizure Warning
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Parents and guardians should watch their children while playing the Game. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation.
6.2 Castle Steps is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
6.3 Motion Sickness
Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
6.4 Repetitive Motion Injuries and Eyestrain
Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eye strain:
Avoid excessive play;
Adults should monitor children for appropriate play;
Take a 10 to 15 minute break every 30 minutes while playing the Game;
If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
7. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND CASTLE STEPS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CASTLE STEPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CASTLE STEPS DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY CASTLE STEPS WILL CREATE A WARRANTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT CASTLE STEPS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL CASTLE STEPS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT IN THE SERVICES OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
8. Indemnification
You agree to defend, indemnify and hold harmless Castle Steps and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Castle Steps Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Castle Steps or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
9. Limitation of Liability
CASTLE STEPS PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF AN CASTLE STEPS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CASTLE STEPS PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
10. Privacy
User accepts and agrees to Castle Steps’s Privacy Policy as found at http://www.castlesteps.games/privacy-policy/.
11. No Assignments
User may not assign or otherwise transfer any rights or obligations under this EULA.
12. Severability
If a court finds any provision of this EULA invalid or unenforceable, the remainder of this EULA shall not affect the validity and enforceability of any remaining provisions.
13. Non-waiver
The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
14. Governing Law
This EULA shall be governed in accordance with the laws of the state of California. The parties consent to the exclusive jurisdiction and venue of the courts located in California in any action arising out of or relating to this EULA. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
15. Attorney Fees and Expenses
In a dispute arising out of or related to this EULA, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
16. Modifications to the Services
Castle Steps reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Castle Steps be liable for the removal of or disabling of access to any portion or feature of the Services.
17. Intellectual Property and Ownership
Castle Steps LLC 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 Castle Steps LLC.
Castle Steps LLC reserves the right to grant licenses to use the Software to third parties.
18. Termination
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 Castle Steps LLC.
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.
19. Governing Law
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 us.
This EULA agreement governs your acquisition and use of our Arcade LA Deadzone software ("Software") directly from Castle Steps LLC or indirectly through a Castle Steps LLC authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Arcade LA Deadzone software. It provides a license to use the Arcade LA Deadzone software and contains warranty information and liability disclaimers.
If you register for a free trial of the Arcade LA Deadzone software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Arcade LA Deadzone software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
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.
This EULA agreement shall apply only to the Software supplied by Castle Steps LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Castle Steps LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for Arcade LA Deadzone.
1. License Grant
Castle Steps LLC hereby grants you a commercial, non-transferable, non-exclusive license to use the Arcade LA Deadzone software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Arcade LA Deadzone 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 Arcade LA Deadzone 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
You may not circumvent or attempt to circumvent any content protection system or DRM management software or any other security technology that is associated with the Product.
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that Castle Steps LLC considers is a breach of this EULA agreement
2. Eligibility
You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. Castle Steps does not knowingly collect any personal information from children under the age of 13. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this EULA as a binding contract and to abide by all Terms.
You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by Castle Steps or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
3. Software Updates
Certain software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.
4. Use of Service
You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game or Services, you hereby grant Castle Steps a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Castle Steps’s intellectual property, Game or other software, Services, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Castle Steps will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.
You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Castle Steps on or through the Game or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as reviews you post on Steam) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Availability. The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Services and Content in certain territories and jurisdictions.
5. Network Costs
You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
6. Health and Safety
6.1 Epileptic Seizure Warning
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Parents and guardians should watch their children while playing the Game. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation.
6.2 Castle Steps is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
6.3 Motion Sickness
Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
6.4 Repetitive Motion Injuries and Eyestrain
Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eye strain:
Avoid excessive play;
Adults should monitor children for appropriate play;
Take a 10 to 15 minute break every 30 minutes while playing the Game;
If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
7. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND CASTLE STEPS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CASTLE STEPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CASTLE STEPS DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY CASTLE STEPS WILL CREATE A WARRANTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT CASTLE STEPS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL CASTLE STEPS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT IN THE SERVICES OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
8. Indemnification
You agree to defend, indemnify and hold harmless Castle Steps and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Castle Steps Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Castle Steps or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
9. Limitation of Liability
CASTLE STEPS PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF AN CASTLE STEPS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CASTLE STEPS PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
10. Privacy
User accepts and agrees to Castle Steps’s Privacy Policy as found at http://www.castlesteps.games/privacy-policy/.
11. No Assignments
User may not assign or otherwise transfer any rights or obligations under this EULA.
12. Severability
If a court finds any provision of this EULA invalid or unenforceable, the remainder of this EULA shall not affect the validity and enforceability of any remaining provisions.
13. Non-waiver
The failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights.
14. Governing Law
This EULA shall be governed in accordance with the laws of the state of California. The parties consent to the exclusive jurisdiction and venue of the courts located in California in any action arising out of or relating to this EULA. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
15. Attorney Fees and Expenses
In a dispute arising out of or related to this EULA, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
16. Modifications to the Services
Castle Steps reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Castle Steps be liable for the removal of or disabling of access to any portion or feature of the Services.
17. Intellectual Property and Ownership
Castle Steps LLC 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 Castle Steps LLC.
Castle Steps LLC reserves the right to grant licenses to use the Software to third parties.
18. Termination
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 Castle Steps LLC.
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.
19. Governing Law
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 us.