YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE SOFTWARE.
PLEASE NOTE THAT IN SECTION 13 THIS AGREEMENT CONTAINS AN ARBITRATION PROVISON AS WELL AS A CLASS ACTION WAIVER WHICH AFFECT YOUR RIGHTS IN ANY DISPUTE. PLEASE REVIEW THOSE SECTIONS CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
This Agreement sets forth the terms and conditions of your use of the accompanying game, Legacy: Steel & Sorcery (the "Software"). For the purposes of this Agreement, "you" means you, the end user, and "Licensor" means Notorious Studios, Inc. and its subsidiaries and affiliates.
1. License Grant.
(a) Grant. Licensor hereby grants you a non-exclusive, non-assignable, non-transferable, revocable, limited license to download, install, and use the Software and related documentation (the "Documentation") solely for personal, non-commercial purposes, in accordance with this Agreement and subject to payment of applicable license fees. You are prohibited from leasing, renting, distributing, selling, sublicensing, or otherwise transferring the Software or any rights therein, whether for commercial or non-commercial purposes. You may not install the Software on a network server, use the Software in a time-sharing arrangement, or otherwise use the Software in any unauthorized manner. No license is granted to you for access to the Software's human-readable source code or for reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying ideas or algorithms of the Software, except to the extent explicitly permitted by applicable law notwithstanding this limitation. This license does not convey any ownership rights or rights to patents, copyrights, trade secrets, trademarks, or any other intellectual property associated with the Software and Documentation. Licensor retains sole ownership of all rights, title, and interest in the Software and Documentation.
(b) Early Access. The Software is provided as part of an Early Access program, and Licensor reserves the right to modify, update, add, or remove features or functionality at its sole discretion, without prior notice to you. This Agreement does not guarantee your access to future upgrades, updates, or new versions of the Software unless explicitly provided by Licensor. Any updates or upgrades made available to you will be subject to the terms of this Agreement unless otherwise specified.
(c) Acknowledgement. You acknowledge and agree that the Software is provided as part of an Early Access program, and its features, functionality, and performance are subject to change as the Software undergoes development. You are not authorized to modify, alter, or create derivative works of the Software or Documentation without Licensor’s prior written consent. You may download, install, and use one (1) copy of the Software and Documentation on each device, computer, or workstation owned or controlled by you for which the license is valid. The Software and Documentation may be copied solely as necessary for backup or archival purposes. All copyright notices, proprietary rights notices, and any other markings appearing on the Software and Documentation must be reproduced on any copies you make. You acknowledge that failure to comply with this provision constitutes a material breach of this Agreement.
2. Refund Policy. Refunds for the Software are governed by the refund policies of the platform through which the Software was purchased, including Steam’s Terms of Service. Licensor does not process or issue refunds directly and is not responsible for decisions made by the platform regarding refund eligibility or processing. By purchasing the Software, you acknowledge and agree that: (a) refund requests must be made in compliance with the applicable platform's refund policy. For Steam, this typically includes eligibility requirements such as requesting a refund within 14 days of purchase and having less than two (2) hours of gameplay. You are responsible for reviewing the platform's refund policy prior to purchase. Licensor has no control over and disclaims all liability for the platform's refund processes, including delays, denials, or disputes related to refunds. Refunds, if issued by the platform, may result in the termination of your license to use the Software, and you will no longer have access to the Software or associated content. For any questions or concerns regarding refunds, you must contact the platform’s customer support directly. Licensor will not intervene in refund disputes but will cooperate with the platform as necessary to address any issues related to your purchase. In the absence of any applicable third party refund policy, there are no refunds.
3. Restrictions on Use. You agree to use the Software only for lawful purposes and in accordance with this Agreement. Specifically, you agree not to:
(a) Use the Software in any way that violates applicable laws, regulations, or third-party rights, including intellectual property, privacy, and data protection laws.
(b) Exploit the Software for any commercial purposes without express written permission from Licensor, including but not limited to:
(i) Operating a business, training, or educational service using the Software;
(ii) Renting, leasing, or sublicensing access to the Software; or
(iii) Selling, trading, or transferring accounts or in-game items for monetary or other tangible value.
(c) Engage in or facilitate any form of cheating, hacking, or unauthorized access to the Software, including but not limited to:
(i) Using bots, scripts, or automation tools to manipulate gameplay;
(ii) Modifying or tampering with game files, servers, or networks;
(iii) Exploiting glitches, bugs, or unintended features for advantage; or
(iv) Gaining or attempting to gain unauthorized access to accounts, servers, or restricted areas of the Software.
(d) Harass, abuse, bully, stalk, or threaten other users or members of the Software community.
(e) Engage in or promote hate speech, discrimination, or any conduct that is offensive, harmful, or inappropriate in the Software community.
(f) Disrupt or interfere with the normal operation of the Software, servers, or networks, including but not limited to:
(i) Spamming, flooding, or launching denial-of-service attacks;
(ii) Introducing malicious software, viruses, worms, or other harmful code; or
(iii) Engaging in behavior that excessively burdens or degrades system performance.
(g) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or ideas behind the Software, except as expressly permitted by applicable law.
(h) Circumvent, disable, or tamper with any security measures, anti-cheat systems, digital rights management (DRM), or other technological protections implemented in the Software.
(i) Impersonate any person or entity, including Licensor or its representatives.
(j) Falsely state or imply any affiliation with Licensor or endorse the Software without express permission.
(k) Collect, harvest, or attempt to obtain personal information, account credentials, or other sensitive data from other users without their consent.
(l) Breach the privacy of other users or violate any data protection laws.
(m) Distribute, publish, or publicly display unauthorized copies of the Software, its code, or associated materials, whether in digital or physical formats.
(n) Modify, create derivative works from, or otherwise alter the Software or its components without express written permission.
(o) Engage in any activity that Licensor reasonably deems harmful to the Software, its community, or its reputation.
4. Account Suspension or Termination. Licensor reserves the right to suspend or terminate your account at any time, with or without prior notice, if you violate this Agreement, engage in disruptive behavior, or misuse the Software in any way. Misuse includes, but is not limited to, cheating, hacking, harassment, unauthorized commercial use, or any activity that negatively impacts other users, the Software, or Licensor's reputation. In the event of suspension or termination, you will lose access to the Software and any associated content, including in-game progress, virtual items, and other features linked to your account. No refunds will be provided for any license fees, in-game purchases, or other payments made, regardless of the reason for account suspension or termination. By agreeing to these terms, you acknowledge that Licensor has sole discretion to enforce these measures and that such actions are necessary to maintain the integrity, security, and enjoyment of the Software for all users.
5. User-Generated Content.
(a) Ownership of User Generated Content. You retain ownership of any content you create, upload, or otherwise submit through or in connection with the Software ("User-Generated Content").
(b) License to Licensor. By creating, uploading, or submitting User-Generated Content, you grant Licensor and its affiliates a non-exclusive, perpetual, worldwide, royalty-free, sublicensable, irrevocable license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, create derivative works from, and otherwise exploit your User-Generated Content for any purpose related to the operation, development, promotion, and marketing of the Software or related services. This license extends to all formats, media, or distribution methods now known or later developed, and includes the right to use your UGC in connection with promotional materials, social media campaigns, and community forums.
(c) Compliance with Rules and Laws. You represent and warrant that your User-Generated Content:
(i) is your original creation or that you have obtained all necessary rights, licenses, and permissions to submit it;
(ii) does not infringe on any intellectual property rights, privacy rights, or other rights of any third party;
(iii) does not violate any applicable laws, rules, or regulations; and
(iv) complies with any guidelines, rules, or policies set forth by Licensor or the Steam platform.
(d) Right to Monitor and Remove. Licensor reserves the right, but has no obligation, to monitor, review, or remove any User-Generated Content at its sole discretion for any reason, including if the content is deemed to be inappropriate, harmful, unlawful, infringing, or otherwise in violation of this Agreement or Licensor’s policies. Licensor is not responsible for any loss or harm resulting from the removal or modification of User-Generated Content.
(e) No Expectation of Compensation or Confidentiality. You agree that you are not entitled to any compensation, credit, or attribution for Licensor’s use of your User-Generated Content, unless expressly agreed upon in writing by Licensor. You further acknowledge that Licensor is under no obligation to treat your User-Generated Content as confidential.
(f) Indemnification. You agree to indemnify, defend, and hold harmless Licensor, its affiliates, suppliers, and resellers from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to your User-Generated Content, including claims that it infringes any third-party rights or violates any laws or regulations.
6. Feedback.
(a) Ownership of Feedback. You agree that any feedback, suggestions, ideas, enhancements, recommendations, or other information you provide to Licensor, whether orally, in writing, or electronically, in connection with the Software, its performance, or any related services (collectively, "Feedback"), shall become the sole and exclusive property of Licensor.
(b) License Grant to Licensor. To the extent that you retain any rights in the Feedback, you hereby grant Licensor and its affiliates a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, publicly display, publicly perform, modify, adapt, create derivative works from, and otherwise exploit the Feedback for any purpose, including but not limited to improving the Software, developing new products or services, and marketing or promotional activities, without obligation, restriction, or compensation to you.
(c) No Confidentiality. You acknowledge and agree that Licensor is under no obligation to treat Feedback as confidential, unless otherwise expressly agreed in writing. Licensor shall not be liable for any disclosure or use of the Feedback.
(d) Waiver of Moral Rights. To the extent permitted by applicable law, you waive any moral rights or other rights in the Feedback that may require attribution of authorship or limit Licensor’s ability to modify, adapt, or use the Feedback in any way.
(e) Acknowledgment of Development Activities. You acknowledge that Licensor may already be independently developing ideas, features, or products similar to the Feedback or that your Feedback may overlap with existing projects. Providing Feedback does not create any obligation for Licensor to use, implement, or acknowledge your contribution.
(f) No Obligation to Use. Licensor is under no obligation to use, implement, or respond to any Feedback you provide.
7. No Assignment; No Transfer. You agree that this Agreement and the license granted to you for the Software and Documentation are personal to you and may not be assigned, transferred, sublicensed, or otherwise conveyed to any other party without the prior written consent of Licensor. Any attempted assignment or transfer in violation of this provision shall be null and void. If Licensor provides prior written consent for the transfer or assignment of the Software and/or this Agreement, you must: (a) transfer all copies of the Software and Documentation to the same party; or (b) permanently delete or destroy any remaining copies of the Software and Documentation that are not transferred. Notwithstanding the foregoing, you acknowledge that this Agreement does not grant you ownership rights to the Software, and any transfer of the Software remains subject to Licensor's ongoing rights and this Agreement. For clarity, you may not: (x) sell, rent, lease, sublicense, distribute, or otherwise transfer the Software, including but not limited to any digital account or access credentials associated with the Software; or (y) share access to the Software with any other party, whether for commercial or non-commercial purposes.
8. Steam Terms of Service. The Software is distributed through the Steam platform, which is operated by Valve Corporation (“Steam”). You acknowledge and agree that your use of the Software is also subject to Steam’s Terms of Service, Privacy Policy, and any other applicable agreements or policies maintained by Steam (collectively, the “Steam Terms”). Both you and Licensor are required to comply with the Steam Terms. In the event of a conflict between this Agreement and the Steam Terms, the Steam Terms shall govern to the extent required by Steam’s policies. Licensor is not responsible for any actions taken by Steam, including but not limited to account restrictions, bans, or enforcement of Steam’s Terms of Service, which may affect your access to the Software. You further acknowledge that refunds, payment processing, and other platform-related policies are governed by Steam and are not under the control of Licensor. Any disputes or claims arising from your use of Steam or its services must be resolved in accordance with the Steam Terms. By using the Software on Steam, you agree to abide by both this Agreement and the Steam Terms. Licensor reserves the right to update this Agreement as necessary to remain compliant with the Steam Terms or any changes thereto.
9. No Modification; No Reverse Engineering. You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or assist someone in performing such prohibited acts.
10. Law; Import/Export Restrictions; Indemnification. You are solely responsible for compliance with all applicable laws, regulations, rules, and legal requirements related to your use of the Software and Documentation, including but not limited to import, export, and re-export control laws and regulations. You agree not to download, install, access, use, export, re-export, or transfer the Software or Documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States or any other jurisdiction. This includes, but is not limited to, compliance with all U.S. export control laws and economic sanctions administered by the U.S. Department of Commerce and the U.S. Department of the Treasury. You further agree not to: (a) access or use the Software in any country or region prohibited by applicable law or regulations, including those subject to U.S. government sanctions or embargoes; (b) provide the Software to any person, entity, or organization designated on a restricted or denied parties list maintained by the U.S. government or other applicable authorities. By accepting this Agreement, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to such restrictions, nor are you a person or entity named on any such list. You agree to indemnify, defend, and hold harmless Licensor from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising from or related to your breach of this provision or any violation of applicable laws or regulations.
11. Title. You agree that Licensor owns and holds all right, title, and interest to the Software and any Documentation, and all subsequent copies thereof regardless of the form or media. Furthermore, all title, ownership rights, and intellectual property rights in the Software and any Documentation shall remain with Licensor, including all corrections, enhancements, or other modifications made thereto. The Software and any Documentation are protected by copyright and other intellectual property laws and by international treaties. All rights not expressly granted to You under this Agreement are reserved by Licensor.
12. Term and Termination. This license is granted to you on a perpetual basis, beginning on the date you first use the Software, unless terminated earlier as provided in this Agreement. You may terminate this license at any time by deleting all instances of the Software and Documentation from your devices and storage media, permanently destroying all copies and merged portions in any form, and certifying to the Licensor in writing, upon request, that you have complied with these requirements. This license will also terminate automatically and without notice if you fail to comply with any term or condition of this Agreement, file for bankruptcy, become insolvent, or are placed in receivership. Upon termination for any reason, you must immediately cease all use of the Software and Documentation, delete and/or permanently destroy all copies in your possession or control, and, upon request, certify in writing to the Licensor that you have done so. No refunds of license fees or other amounts paid will be provided in the event of termination, except as required by applicable law or the terms of any third party through which the Software is offered, such as the Steam Platform.
13. Limited Warranty. Licensor warrants that for a period of thirty (30) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the core functionality described in any Documentation or as reasonably expected for an Early Access game. This warranty does not apply to incomplete features, bugs, or other issues inherent to Early Access development. Licensor does not warrant that the Software is free of bugs, errors, or incomplete features, as the Software is still under active development.
The Software is provided as part of an Early Access program, and you acknowledge that its features, content, and performance may change significantly during the Early Access period. Licensor makes no guarantees regarding uninterrupted use, error-free operation, or feature completeness. Users are responsible for downloading and maintaining the latest version of the Software as made available by Licensor. Licensor is not responsible for functionality issues arising from outdated versions.
Licensor's sole liability for any breach of this warranty shall be, in Licensor's sole discretion: (a) to replace any defective media or Software; (b) to provide advice on achieving substantially the same functionality as described in any Documentation, if practicable; or (c) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
You must notify Licensor of any problem with the Software during the warranty period and provide evidence of the date you purchased or obtained the Software license to be eligible for this warranty. Licensor will use reasonable efforts to repair, replace, advise, or refund, as applicable, within thirty (30) days of being notified.
This warranty is void if: (a) You modify the Software during the warranty period; (b) the Software or media is subjected to accident, abuse, or improper use; or (c) you violate the terms of this Agreement.
THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GIVEN THE EARLY ACCESS STATUS OF THE SOFTWARE, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE REMAINS WITH YOU. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MODIFY THIS WARRANTY.
Licensor reserves the right to modify, update, or remove features as part of the Early Access development process. Any warranties provided by law shall only apply to the extent they cannot be excluded or limited by this Agreement.
14. Service Availability and Liability Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO THE SOFTWARE MAY DEPEND ON THE AVAILABILITY OF SERVERS, NETWORK CONNECTIONS, AND OTHER TECHNICAL INFRASTRUCTURE, WHICH MAY OCCASIONALLY BE INTERRUPTED FOR MAINTENANCE, UPDATES, OR REASONS BEYOND LICENSOR’S CONTROL. LICENSOR DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SOFTWARE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE SOFTWARE BEING OFFLINE OR INACCESSIBLE AT ANY TIME, INCLUDING DURING NORMAL OPERATIONS. THIS INCLUDES, BUT IS NOT LIMITED TO, SCHEDULED MAINTENANCE OR UPDATES, UNFORESEEN TECHNICAL ISSUES SUCH AS SERVER OUTAGES OR DISRUPTIONS CAUSED BY THIRD-PARTY SERVICE PROVIDERS, NETWORK FAILURES, CYBERATTACKS, ACTS OF GOD, NATURAL DISASTERS, OR OTHER FORCE MAJEURE EVENTS. LICENSOR SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS, DAMAGE, INCONVENIENCE, OR INABILITY TO USE THE SOFTWARE RESULTING FROM ITS UNAVAILABILITY. BY AGREEING TO THIS AGREEMENT, YOU ACCEPT THAT THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND UNINTERRUPTED ACCESS CANNOT BE GUARANTEED.
15. Limitation of Remedies. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR PROGRESS, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE, INABILITY TO USE, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, INCLUDING DEFECTS, BUGS, OR INCOMPLETE FEATURES. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES, EVEN IF LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
16. Indemnification. You agree to defend, indemnify, and hold harmless Licensor, its affiliates, suppliers, and resellers from and against any and all liabilities, losses, damages, costs, and expenses (including settlement costs, court costs, and reasonable attorneys' fees) arising out of or relating to: (a) your use, reproduction, or distribution of the Software or Documentation, including any misuse or unauthorized use; (b) your breach of any representation, warranty, or obligation under this Agreement; (c) any claim that your actions violate applicable laws, regulations, or third-party rights, including intellectual property, privacy, or export control laws; or (d) any other activity you engage in related to the Software that results in harm to Licensor or a third party. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Licensor in asserting any available defenses.
17. Dispute Resolution, Arbitration Agreement, and Class Action Waiver.
(a) Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Software, or your use of the Software (collectively, "Disputes") shall be resolved exclusively through binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (the "JAMS Rules") then in effect, except as modified by this Agreement. Arbitration is an alternative to litigation where a neutral third party (the "Arbitrator") resolves Disputes in a final and binding manner. By agreeing to this Agreement, you agree to resolve any Disputes with Licensor through arbitration.
(b) Arbitration Procedures. The arbitration will be conducted remotely unless the Arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it will take place in Irvine, California. The arbitration shall be conducted by a single Arbitrator appointed in accordance with the JAMS Rules. The Arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or part of this Agreement is void or voidable. The Arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations.
(c) Costs and Fees. Each party shall bear its own costs and attorneys’ fees associated with the arbitration, except as otherwise provided by applicable law or the JAMS Rules. The costs of the arbitration proceedings, including the Arbitrator's fees, shall be borne equally by the parties, unless the Arbitrator determines that allocation of costs differently is necessary to prevent unfairness.
(d) CLASS ACTION WAIVER. YOU AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO HEAR OR RESOLVE ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE CLAIMS. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER REPRESENTATIVE PROCEEDINGS.
(e) WAIVER OF JURY TRIAL. YOU AND LICENSOR AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. YOU AND LICENSOR INSTEAD ELECT TO HAVE ALL DISPUTES RESOLVED THROUGH ARBITRATION.
(f) Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (i) claims for injunctive or equitable relief to protect intellectual property rights or confidential information; (ii) small claims that qualify for resolution in a small claims court of competent jurisdiction.
(g) Opt-Out Option. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to Licensor at [insert mailing address or email] within thirty (30) days of first accepting this Agreement. Your decision to opt out of arbitration will not affect any other provisions of this Agreement.
(h) Governing Law. This Agreement and any Disputes shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except as preempted by federal law.
(i) Enforceability. If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining parts shall remain in full force and effect, except that in the event the Class Action Waiver is found to be unenforceable, the entire Arbitration Agreement shall be deemed void.
18. Severability. In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired. If any provision is deemed unenforceable, it shall be replaced with a valid provision that most closely reflects the intent of the original provision.
19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between you and Licensor and supersedes all prior or contemporaneous proposals, agreements, representations, and communications, whether oral or written, relating to the subject matter of this Agreement. Licensor reserves the right to modify this Agreement from time to time to reflect updates to the Software or changes to applicable laws. Any such modifications will be effective upon notice to you, which may be provided through the Software, the platform where the Software is distributed, or other reasonable means. Your continued use of the Software following such notice constitutes your acceptance of the modified terms. This Agreement may otherwise only be modified by a written agreement signed by both you and an authorized representative of Licensor.
20. Acknowledgment. By downloading, installing, or using any part of this Software, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
21. Force Majeure. Licensor shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including, but not limited to, server outages, cyberattacks, failures of third-party service providers, labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, public health related orders or quarantines, casualty, government authority, strikes, or acts of God, in which event Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
22. Waiver. The failure or delay by Licensor to require performance of any provision of this Agreement does not constitute a waiver. All waivers by Licensor must be provided in writing and signed by Licensor in each instance, and a waiver in one instance does not constitute a waiver in any subsequent instance.
23. Survival. The provisions of this Agreement that by their nature should survive termination or expiration shall remain in full force and effect, including but not limited to provisions regarding ownership of intellectual property, license restrictions, refunds, user-generated content, feedback, disclaimers, limitations of liability, indemnification, dispute resolution, class action waiver, governing law, and any other obligations or rights that accrue prior to termination.