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End User License Agreement

This End User License Agreement ("EULA") governs your use of the videogame, application, software, their associated upgrades, patches, and Updates (defined below) and related services (the “Software”) provided by Tweaking Cat Studios, LLC ("Licensor"). You may be referred to as “Licensee” in this EULA.

LICENSOR PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, LICENSOR WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST NOT USE THE SOFTWARE OR DOCUMENTATION.

1. License. Licensor grants Licensee a non-exclusive, non-sublicensable, non-transferable, non-commercial, personal license to install and/or use the Software in accordance with the Documentation, if any, during the Term (defined below). "Documentation" means Licensor's user manuals, lore, handbooks, and installation guides relating to the Software provided by Licensor to Licensee either electronically or in hard copy form, or available on Licensor’s website.

2. Use Restrictions. Licensee shall not:
  • (a) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or Documentation or any part thereof;
  • (b) combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs or applications;
  • (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
  • (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof;
  • (e) copy the Software or Documentation, in whole or in part;
  • (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
  • (g) use the Software or Documentation in violation of any law, regulation, or rule;
  • (h) use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Licensor's commercial disadvantage; or
  • (i) use the Software or Documentation in a harmful or harassing manner, which may include, for example:
    • (i) harassing or threatening any other users of the Software;
    • (ii) spamming chat, whether for personal or commercial purposes;
    • (iii) transmitting or propagating any virus, trojan horse, worm, corrupted file and/or similar descriptive device; or
    • (iv) transmitting or communicating any material or content which, in the sole and exclusive discretion of Licensor, is believed or deemed offensive.

3. Access. The product may be protected by digital rights management software (“DRM Software”). In such case, you hereby agree, acknowledge, and consent to the following regarding the DRM Software: (i) the installation of the Software will cause the DRM Software to be installed on your computer; (ii) the DRM Software may limit the number of installations of the Software; and (iii) the DRM Software may install on your computer additional components required for copy protection. In no event shall Licensor be liable in connection with the components that may be installed on your computer by any DRM Software. For further information, please visit the website of the DRM Software appearing during the installation of the Software.

4. Maintenance.
  • (a) Licensor may develop and provide updates, bug fixes, patches, or other modifications to the Software that Licensor generally makes available free of charge to all licensees of the Software (“Updates”). Licensor may or may not provide Updates, in its sole discretion, and Licensee agrees that Licensor has no obligation to develop any Updates at all or for particular issues. Licensee further agrees that all Updates will be deemed Software, and related documentation will be deemed Documentation, all subject to this EULA. Licensor may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.
  • (b) Licensor reserves the right to condition the provision of maintenance and support services, including all or any Updates, on Licensee's registration of the copy of Software for which support is requested.
  • (c) Licensor may modify the Software for any reason or without any specific reason, at any time and at its sole discretion. Licensee agrees that the Software may install or download the modifications or Updates automatically. Licensor may stop to support previous versions of the Software upon availability of an updated version.
5. Collection and Use of Information.
  • (a) Licensor may, directly or indirectly through the services of an individual or entity other than Licensee or Licensor (a “Third Party”) collect and store information regarding your use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used.
  • (b) Licensee agrees that the Licensor may use such information for any purpose related to any use of the Software by Licensee or on Licensee's equipment, including but not limited to:
    • (i) improving the performance of the Software or developing Updates; and
    • (ii) verifying Licensee's compliance with the terms of the EULA and enforcing the Licensor's rights, including all Intellectual Property Rights in and to the Software.
  • (c) Please review Licensor’s Privacy Policy on for additional terms and conditions which apply to your use of the Software. The Privacy Policy may be updated from time to time, and it is incorporated into the EULA by reference.

6. Intellectual Property Rights. The Software and Documentation are provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Software or Documentation under the EULA, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under the EULA. Licensor reserves and shall retain its entire right, title, and interest in and to the Software, Documentation, and any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world arising out of or relating to the Software ("Intellectual Property Rights").

7. Term and Termination.
  • (a) The EULA and the license granted hereunder shall remain in effect until terminated, as set forth herein (the "Term"). Licensee may terminate the EULA by ceasing to use and destroying the Software and Documentation. Licensor may terminate the EULA, effective upon written notice to Licensee, at any time, for any reason. Upon termination of the EULA, the license granted hereunder shall also terminate, and Licensee shall cease using and destroy all copies of the Software and Documentation.

8. Warranty Disclaimer.
  • (a) THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
  • (a) IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS EULA, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • (b) IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE LICENSOR FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
  • (c) THE LIMITATIONS SET FORTH IN SECTIONS 9(a) AND 9(b) SHALL APPLY EVEN IF THE LICENSEE'S REMEDIES UNDER THIS EULA FAIL OF THEIR ESSENTIAL PURPOSE.

10. Indemnity. You are solely responsible for any damage caused to Licensor, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other Third Party as a result of your violation of the EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED LICENSOR AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES, DAMAGES, AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR/MISUSE OF THE SOFTWARE. Licensor reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which you agreed to indemnify Licensor. The provisions of this Section 10 shall remain in force after termination of the EULA.

11. Dispute Resolution. PLEASE READ THIS SECTION 11 CAREFULLY AS IT AFFECTS YOUR RIGHTS. UNLESS YOU OPT OUT OF ARBITRATION PURSUANT TO SECTION 11(d) BELOW, YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LICENSOR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LICENSOR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS ARE NOT PERMITTED.
  • (a) Informal Dispute Resolution
    • (i) If either party intends to seek arbitration under this section, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. You and Licensor agree that the opportunity to meet and confer informally is a material term and a material reason we are offering this service and therefore you agree you will abide by it.
    • (ii) Notice to Licensor should be sent to Tweaking Cat Studios, LLC, c/o Capital Corporate Services, Inc., 455 Capitol Mall # 217, Sacramento, CA 95814.
    • (iii) Any notice of dispute (“Notice”) must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought.
    • (iv) During the 30-day period, you and Licensor agree to act in good faith to resolve the dispute. If you and Licensor cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or Licensor may commence formal proceedings in accordance with Section 11(c).
  • (b) Agreement to Arbitrate and Class Action/Class Arbitration Waiver.
    • (i) Subject to the exceptions to arbitration set forth in Section 11(e) below, you and Licensor each agree that any and all disputes between Licensor and you arising under or related in any way to the EULA and/or your use of Licensor’s Software (and which are not otherwise resolved pursuant to Section 11(a)) must be resolved through binding arbitration as described in Section 11(c). If an arbitrator or court decides that any part of this agreement to arbitrate set forth in Section 11(c) is unenforceable, the remainder of Section 11 of these Terms will nevertheless still apply (including the prohibition on class arbitration).
  • (c) Arbitration Procedure.
    • (i) Any arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at . Any settlement offer made by you or Licensor shall not be disclosed to the arbitrator.
    • (ii) Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California.
    • (iii) For any claim where the total amount of the award sought is $10,000 or less, you and Licensor may elect to have the arbitration conducted by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom) or based solely on written submissions, which election shall be binding on you and Licensor subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Licensor may attend by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom), unless the arbitrator requires otherwise.
    • (iv) The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
    • (v) The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
    • (vi) The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • (d) Opt-Out Procedure.
    • (i) YOU CAN CHOOSE TO REJECT THIS EULA TO ARBITRATE (“OPT-OUT”) BY MAILING LICENSOR A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO TWEAKING CAT STUDIOS, LLC, C/O CAPITAL CORPORATE SERVICES, INC., 455 CAPITOL MALL # 217, SACRAMENTO, CA 95814.
    • (ii) This procedure is the only way you can opt out of the agreement to arbitrate set forth in Section 11(c). If you opt out of the agreement to arbitrate set forth in this section, all other parts of these Terms and Section 11 will continue to apply to you. Opting out of the agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may enter into or have entered into with us.
  • (e) Exceptions to Arbitration.
    • (i) The agreement to arbitration provisions set forth in Sections 11(b) 11(c) above will not apply to the following:
      • (A) small claims court cases that qualify for small claims status;
      • (B) legal proceedings or procedures that involve efforts to obtain personal data related to a user or users, including but not limited to the author of any Licensor content or review;
      • (C) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
      • (D) any claim for public injunctive relief, which must be adjudicated in court, not by the arbitrator.
    • (ii) If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final resolution of the arbitration, at which point the claim may be adjudicated.
    • (iii) If, for some reason, the prohibition on class arbitrations set forth in Section 11 cannot be enforced, then the entirety of the agreement to arbitrate set forth in Sections 11(b)-11(d) will not apply; the remainder of Section 11 will continue to apply.
  • (f) Governing Law and Venue.
    • (i) For claims subject to the exceptions to arbitration set forth in Section 11(e), the EULA and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under the EULA or your access to or use of our Software, shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. These claims or disputes shall be brought and litigated exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes. These claims or disputes shall not be covered by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is expressly excluded from any interpretation of the EULA.
    • (ii) For all claims not subject to the exceptions to arbitration set forth in Section 11(e), the parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the agreement to arbitrate provisions set forth in Section 11(b).

12. Miscellaneous.
  • (a) Notwithstanding anything to the contrary in this agreement or your acceptance of the terms and conditions of the EULA, no license is granted (whether expressly, by implication, or otherwise) under the EULA, and the EULA expressly excludes any right, concerning any software that licensee did not acquire lawfully or that is not a legitimate, authorized copy of Licensor's Software.
  • (b) The Software may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.
  • (c) This EULA, together with all other documents that are incorporated by reference herein, constitutes the sole and entire agreement between Licensee and Licensor with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
  • (d) Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under the EULA, in each case whether voluntarily, involuntarily, by operation of law, or otherwise. Licensor may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under the EULA without Licensee's consent. This EULA is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
  • (e) Licensor reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of the EULA for security, level, best practice, or regulatory reasons. Such changes will be effective with, or, as applicable, without prior notice to you. You can review the most current version of the EULA by vising the Licensor’s website on . No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in the EULA, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the EULA shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  • (f) If any term or provision of the EULA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the EULA or invalidate or render unenforceable such term or provision in any other jurisdiction.