System Era - STARSEEKER

End User License Agreement

Last updated: April 2026

BEFORE INSTALLING OR USING THIS GAME, PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.

This Agreement governs your use of THIS Game and all related services. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE GAME IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE.

THIS GAME IS LICENSED AND NOT SOLD. We licence use of the Game to you on the basis of this Licence. This Agreement does not grant you any title or ownership in the Game or our Services. We do not sell the Game to you and we remain the owners of the Game at all times. The licenses granted to you in this Agreement are effective on the date you use any feature or function of the Game or our Services and terminates on the earlier of the date you dispose of the Game or we terminate this Agreement as provided below. To the extent that the Game is published via a Third-Party Platform, this Licence does not govern or change in any way your relationship with the Third-Party Operator under your applicable agreements with them.

By downloading or accessing the Game in any way (whether as part of the creation of an Account (defined below) or not and whether on any System Era or third-party platform), you confirm that you are 18 years of age or over and have read and accept the terms of this Licence, or if you are age younger than 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Game if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this Licence together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Game.

You understand and agree that we may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.

Any change to the terms of this Licence shall be effective immediately and your continued use of the Game in any way (whether on any System Era or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this Licence regularly. The current Licence is available at https://www.systemera.net/legal.

OUR PRIVACY POLICY IS A PART OF THIS AGREEMENT. This Agreement incorporates the terms of our Privacy Policy, which you should review carefully. By agreeing to the terms of this Agreement, you also are agreeing to be legally bound by the terms of our Privacy Policy, which describes the collection, usage, and storage of your personal information, including logins, names, addresses, player information, and other personally identifiable information. The current Privacy Policy is available at https://www.systemera.net/legal.

DEFINITIONS:

"Digital Content” means any virtual items, locations, features, functions, benefits, achievements, and rewards you may acquire or use when playing the Game, including Digital Content you may obtain by redeeming Game Currency. Digital Content has no real-world monetary value and is subject to the terms of this Agreement specifically as a licensed feature of the Game and Services.

“End User License Agreement” or “EULA” or “Agreement” means the terms of this license agreement.

"Feedback” means any suggestions, ideas, comments, postings, statements, designs, testimonials, endorsements, and all other types of information you provide to us through any feature or function of the Game or our Services.

"Game” means the video game Starseeker, including all software and software updates, all artwork, animation, music and sounds, audio-visual components, effects, upgrades, bug-fixes, characters, names, locations and settings, dialogue, catchphrases, and all other features and functions of the Game, whether acquired initially or later. The Game also includes all trademarks, trade names, titles, branding, intellectual property and logos incorporated therein.

“Game Currency” means any form of currency, coin, or barter instrument used in-game to obtain Digital Content and other features and benefits of the Game or Services. Game Currency is not a virtual currency or cryptocurrency as defined by the United States Securities and Exchange Commission. Game Currency has no real-world value, is not legal tender, and is wholly subject to the licensing terms of this Agreement.

“Services” means any service, function, or feature offered by System Era, whether on-line or otherwise, that enhances your Gameplay experience, including features that may be available through System Era’s website, along with the transactional systems and functions enabling you to obtain, maintain, use, and transact Game Currency and Digital Content.

"System Era”, “we”, “us”, and “our” means System Era Softworks, Inc., along with our affiliates, related companies, parents, subsidiaries, officers, directors, principals, predecessors, successors, licensees, co-ventures, permitted assigns, and agents.

"Third Party Content” means any software, artwork, dialogue, characters, settings, animation, audio-visual work, mark, trademark, script, music, sounds, codes or scripts, and any other intellectual property work created by a third party.

YOUR LICENSE. When you are complying with by all terms of this Agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, non-commercial, revocable and royalty-free license to install and use this Game (and their related Services) on one computer, mobile device, or gaming console (a “Gaming Platform”) solely for your personal and non-commercial use. For clarity, the license we grant to you is not and cannot be construed as a sale of any right, title, or interest in the Game or our Services, which we solely retain.

When downloading and accessing the Game, or uploading content from the Game, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.

Restrictions. All commercial uses of this Game or our Services are strictly prohibited. You are expressly prohibited from sublicensing, renting, leasing, transferring, or otherwise distributing this Game or our Services to any other party. You further agree that you will not:

Violate any other term, policy, license, or code of conduct we issue in association with this Agreement or your use of the Game or our Services, including our Community Guidelines.
Directly or indirectly cause the Game or Services to be available on any network, FTP, torrent, file-sharing service or device, intranet, or “cloud”, for multiple users, or on more than one Gaming Platform at the same time, whether through installation or otherwise.
Rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Game, any copy thereof, in whole or in part.
Directly or indirectly cause the Game or Services to be available at a computer gaming center, cafe, or any location-based or public site, whether through installation or otherwise unless System Era provides you with a separately written license prior to any such use, which we may issue or refuse at our sole discretion.
Reverse engineer, decompile, disassemble, display, perform, prepare derivative works, or otherwise modify the Game or Services in whole or in part.
Reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Game, nor permit the Game or any part of it to be combined with, or become incorporated in, any other programs.
Combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Game or any part of it, in any manner whatsoever.
Remove, modify, or obscure any trademarks, proprietary notices, marks, titles, or labels contained on or within the Game (or its packaging) or included with our Services.
Restrict or inhibit other users from using or enjoying the Game or our Services, whether or not in violation of our Community Guidelines which we may determine in our sole, good faith discretion.
Use any cheat, robot, spider, program, method, or technology to interfere with the designed outcome of the Game or our Services.
Circumvent or disable any cheat detection feature or function of the Game or Services.
Exploit or otherwise make available the Game or any of its parts for any purpose including any commercial purpose.
Transport, export, or re-export (directly or indirectly) this Game or our Services into any country forbidden to receive the Game or Services under any U.S. export law or regulation (including economic sanctions), or otherwise violate any laws or regulations.
Violate any applicable law or regulation in connection with your use of the Game or our Services.
encourage, or make statements that discuss illegal or dangerous activities, or use the Game or our Services to make harassing statements, gamble, promote drug use or other illegal activities, phish, solicit, spam, make threats, threaten harm to yourself or others, or engage in any activity that violates federal or state law, discusses illegal activities with the intent to commit them, infringe the intellectual property rights of others, or use obscene (i.e. pornographic) language or images.

You must not use in connection with the Game any third-party software (including any game client which has not been developed by System Era or licensed under this Licence) which undertakes or enables any of the restricted activities specified above in relation to the Game.

Any use of the Game not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Game in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Game (as detailed below). This includes, to the fullest extent permissible under applicable law, any breach committed outside of our Games.

You represent and warrant that: (i) you are not located in a country that is subject to embargo by the United States of America or the United Kingdom, and (ii) you are not listed on any list of prohibited or restricted parties from the United States of America or the United Kingdom.

COMMUNITY GUIDELINES.

We want you and others to have the greatest experience when playing Starseeker. When interacting with other players, whether through the Game, Services, or our official social spaces such as the official Starseeker Discord server, System Era Forums, and other spaces provided by or on behalf of System Era, we require that you comply with these Community Guidelines: Respect other players. When playing the Game or communicating with others in the community, do not behave in any way that is threatening, intimidating, lewd, demeaning, derogatory, invasive of privacy, or abusive. System Era has a zero-tolerance policy towards bullying, hate speech, sexual harassment, or making demeaning or threatening statements toward any person or group.

Create positive things. Starseeker is about positive and inspirational creative expression. Do not use in-game creation tools and methods to create hateful, divisive, obscene, or pornographic material, and do not direct others to that kind of content.

Don’t take another’s work. Do not post, display, share, or use artwork, sounds, music, video, animations, trademarks, logos, or any other copyrighted, trademarked, or protected work. This includes taking the in-game creations or game-related content of other Starseeker players and passing it off as your own.

Play fair. Do not cheat, grief, or exploit bugs or design errors in a way that disrupts the game experience for others, and do not attempt to circumvent any protection or safeguard we employ in the Game or Services.

Be a good virtual citizen. Do not engage in disruptive behavior in the Game or in official Starseeker social spaces, including but not limited to directly or indirectly enabling commercial postings, solicitations, advertisements, spamming players with repetitive actions or text, and sending unwanted messages and abusive communications of any kind. Always use appropriate language when communicating and playing with others.

Keep things private. Do not share your personal information or your account information with anyone and do not attempt to gain access to someone else's personal information. System Era will never ask you for passwords to your accounts and you should never give them out.

Be real. Supply only information that is true to the best of your knowledge. Do not pretend to be or give people the impression that you are someone you are not. Do not impersonate others, whether celebrities and other public figures, other users, streamers, government officials, System Era employees, or anyone else.

If you violate these rules, we will determine, in our sole but good faith discretion, what action to take. We may provide you a warning, depending on the severity of the activity in which you were engaged. If we believe the severity of the act warrants it, we may terminate your license and ban you any further use of the Game and Services.

PAYMENTS, SUBSCRIPTIONS AND CANCELLATIONS.

The base version of the Game requires a one-off payment to access and does not require a subscription (for example, where you are charged a regular fee to retain access to the game). Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. System Era will announce to players if upcoming content requires additional payments in advance of its release.

Any refunds and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.

Term and Termination. The term of this Agreement commences on the date you first install or otherwise use the Game or our Services and ends on the earlier of the date you dispose of the Game or we terminate this Agreement.

Without prejudice to any of System Era’s rights in this Agreement or remedies available at law, we can terminate this Agreement immediately and without refund or reimbursement if you:

(1) fail to comply with any term or condition of this Agreement or our Privacy Policy

(2) circumvent or attempt to circumvent the technical protection measures we’ve implemented for the Game or Services (which may include DRM software); or

(3) for any commercially viable reasonable reason including, without limitation, your violation of the Community Guidelines or our decision to remove either the Game or Services or both from the marketplace.

If we terminate this Agreement as a result of your violation of any term herein or contained in our Privacy Policy

Except to the extent required by law, all payments and fees paid to System Era or any third party operating on behalf of System Era are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.

UPDATES AND FIXES. From time to time, we may provide patches, updates, or upgrades to the Game or Services. In these cases, you may be required to install or reinstall the respective Game or Services to continue its use. We may also update the Game or our Services remotely without notifying you, and you consent to System Era remotely applying any such patch, update, or upgrade to the Game or Services on your Gaming Platform.

DISRUPTIONS AND LIMITATIONS. You agree that your use of the Game or Services does not grant or confer to you any interest, monetary or otherwise, in any aspect or feature of the Game or our Services, including but not limited to Digital Content, Game Currency, or any other feature or content that may be included with the Game or Services. As an example, but not in limitation of the foregoing, you agree that any character ranking or data, game progress, virtual item, or any other data or feature related to your use of the Game or Services may be terminated at any time without notice to you. At our sole discretion, we may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect, feature, or function of the Game or Services at any time and without prior notice or cause.

GAME CURRENCY. This Game allows you to use Game Currency to obtain Digital Content. Game Currency may be earned via in-game features, functions, and achievements, or awarded to you by System Era or a System Era authorized third party. All Game Currency you obtain is licensed for your use in the Game only and does not have any real-world or intrinsic value.

You agree that System Era may engage in actions that might affect or change the perceived value of your Game Currency, whether through Game functions, features, errors, or other means, including through the features and functions of our Services. In any such event, System Era is not obligated to revalue or adjust any quantity of Game Currencies or Digital Content you have licensed.

DIGITAL CONTENT. The Digital Content you obtain through the Game, our Services, or through a System Era authorized third party is licensed to you and not sold. Your license to Digital Content (for example, suits, palettes, emotes, and other Game accessories) is granted when you exchange Game Currency through properly functioning in-game features, through in-game achievements, and through promotions, awards offered when offered by System Era or a System Era authorized third party.

You agree a Digital Content license does not give you any claim, right, title, proprietary or ownership interest in the Digital Content you obtain, regardless of the consideration you may have paid. System Era is not liable for the destruction, deletion, modification, impairment, hacking of, or any resulting damage or loss caused to any Digital Content you may have licensed, including when we delete or modify your access to the Game or Digital Content at the termination or expiration of this Agreement for any reason. In our sole discretion and without prior notice or liability to you, we may administer, modify, substitute, replace, suspend, terminate or cancel, or eliminate your Game Currency or Digital Content, including your ability to access the same. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Digital Content except within the Game and as expressly permitted by System Era.

You also agree any exchange, sale, or use of Digital Content is limited and confined to within the properly working functions and features of the Game and Services as designed and intended by System Era. Neither Digital Content or Game Currency is transferrable to any other technology platform on which the Game or Services may be available, including any other platform version of Starseeker licensed by you. You may not buy, sell, gift, trade, sublicense, lease, rent, or offer to sell, gift, trade, sublicense, lease, rent any Digital Content (each a “Tender”), except when authorized in advance in writing by System Era. Any attempt to Tender Digital Content or Game Currency through means or methods other than as provided by System Era or a System Era authorized third party is null and void and may result in the immediate termination of your license and your use of the Game and our Services.

We may limit the number of digital items you can obtain, earn, accumulate, redeem, or otherwise use in the Game and Services. Some Digital Content may have expiration dates, in which case, the Digital Content will no longer be accessible after the expiration date.

FEEDBACK. When you provide System Era any Feedback on the Game or regarding our Services, you grant us a royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit Feedback for any purposes, for all current and future methods and forms of exploitation.

USER GENERATED CONTENT.

The User Generated Content detailed in this section does not include any use of the Game’s content by you or any other person beyond the features and functions of the Game itself or our Services. If you want to use the Game’s characters or artwork, its story, setting, dialog, music or sounds, gameplay, or any other audio or visual feature of the Game or our Services (“Fan Content”) for any other purpose, please visit our Fan Content Policy, which governs all non-commercial and commercial use of Game content, including, as examples, for use on fan-websites and other non-commercial projects, in videos and narrated game walkthroughs, and live streaming services such as Twitch, YouTube Gaming, Facebook Gaming, and others.

The Game and our Services may allow you to create, develop, modify, or contribute content, including (as examples only) by participating in chat rooms, creating and interacting with game objects and locations, capturing screenshots, creating audio-visual works, designing and improving characters and other in-game items, and creating gameplay videos and other audiovisual works (together, “User Generated Content”).

You agree that your ability to create, use, and publish User Generated Game is limited to and subject at all times to the terms of this Agreement. While you may retain certain intellectual property rights in your User Generated Content, as specified by law, those rights extend only to the new and original content you create as part of your User Generated Content. These rights do not extend to or grant you any rights in the Game or our Services.

In the event your User Generated Content gives rise to copyright or other intellectual property interest, you grant to System Era an exclusive, fully sublicensable, perpetual, irrevocable, fully transferable, and worldwide right and license to use and modify your User Generated Content in any way and for any purpose in connection with the Game and related goods and services, including the right to broadcast, reproduce, copy, adapt, modify, perform, display, publish, transmit, or otherwise communicate to the public by any means whether now known or unknown and to distribute your User Generated Content without any further notice or compensation to you of any kind for the duration of the protection granted to intellectual property rights by applicable laws and international conventions. The license granted to System Era herein includes your waiver of all moral rights (including all rights of paternity, publication, reputation, or attribution), and this waiver survives any termination of this Agreement for any reason.

You understand that your User Generated Content cannot violate the intellectual property rights of any other party:

You may not create, include, generate, publish, or make Third Party Content available through, with, or in conjunction with your User Generated Content without obtaining, before such use, a license to use such works within or in conjunction with your User Generated Content.

You may not violate or infringe any copyright, trademark, patent, trade secret, moral right, or the right of privacy or publicity of any individual.

You are solely obligated, at your own cost, to license or pay any fee or penalty for your use of any Third Party Content.

You further agree that your User Generated Content will not include any offensive, inaccurate, indecent, or otherwise objectionable content, which System Era may determine in its sole discretion. You are solely responsible and liable for all actions that result from your User Generated Content, and you indemnify and will hold System Era harmless for all such use.

System Era, in its sole discretion and for any reason, may take down, remove, modify, limit or remove your User Generated Content from our Game or Services for any or no reason. Notwithstanding the foregoing, System Era is not responsible for editing, modifying, or controlling your User Generated Content or for any result it may cause, including, without limitation, injury to others.

Finally, System Era reserves the right, at any time and for any reason, to remove, block, screen, delete, or refuse to publish or use your User Generated Content.

MUSIC. As part of your Game or Services, you may privately enjoy the music and sounds we provide in the Game in the context it is designed and performed. The right you enjoy in our music and sounds is limited to a private and non-commercial setting. You may not perform or make our music or sounds available in a public setting without a separate license, which System Era may provide at its sole discretion.

We may or may not grant you a right to use, modify, or publish our music or sounds as part of your User Generated Content. In the event we grant you a license to such musical works or sounds, the terms of any such license must be obtained by you from us in advance and in writing. We reserve the right to limit any term or use of any such use at our sole discretion. Please contact us at support@systemera.net for more information.

If you are a composer or musical artist and affiliated with a performing rights organization, for example, ASCAP, BMI, or you are under contract with a music publisher, record label, or have assigned rights to your musical works to a third party, you may not incorporate any Game or Services musical work or sounds into any User Generated Content or other work without our express, prior written permission. In all such cases, you must warrant that you have the sole right to your works and that System Era has no obligation to pay any royalties or fees to you or any third party in conjunction with our use or exercise in your User Generated Content.

NO OWNERSHIP IN ACCOUNTS, GAME CURRENCY, OR DIGITAL CONTENT. You agree that you do not and will not have any ownership or property interest in any account, Digital Content, User Generated Content (when created by others), or in any content accessible by you as part of the Game or Services. System Era reserves all right, title, and interest in all aspects, features, and functions of the Game and our Services.

Intellectual Property. The United States and international copyright and trademark law, including all applicable laws and treaties throughout the world, protect this Game. No part of the Game or Services may be copied, reproduced, or distributed in any manner or medium without our prior written consent. Any person who copies, reproduces, or distributes all or any portion of the Game or our Services in any manner or medium is wilfully violating copyright law and may be subject to civil and criminal penalties in the United States and/or their local country.

U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. You further agree that the Game and our Services contain licensed materials, and System Era’s licensors may also protect their rights in the event of any violation of this Agreement or our Privacy Policy. System Era and our licensors reserve all rights not expressly granted under this Agreement. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game.

You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.

You acknowledge that rights in the Game are licensed (not sold) to you, and that you have no rights in, or to, the Game other than the right to use them in accordance with the terms of this Licence. You acknowledge that you have no right in or have access to the Game in source code format unless otherwise as expressly provided within this Licence.

In no event will the Game be deemed to be "open-source" or "publicly available" software.

TECHNICAL PROTECTIONS. This Game may include digital rights management software (“DRM”), along with other access measures and technology that control your access to the Game and our Services. The technology and access measures we incorporate may also include license management, software activation, and other security technologies that monitor usage, provide time and date monitoring, counters, serial numbers, and other security technology designed to prevent unauthorized access, use, and copying of the Game, our Services, or components thereof. The Game and any associated DRM may require an Internet connection to access certain features, to authenticate the Game, certain Services, or to perform other functions.

System Era reserves the right to monitor the use of this Game and our Services at any time. You agree not to interfere or to attempt to disable or circumvent any such security features. If you attempt to disrupt or interfere with any of our security or technology measures, the Game or Services may not function properly. Only validly licensed users will have access to certain Services, including Internet-based updates and patches.

THIRD PARTY SOFTWARE. The Game or our Services may use, contain or integrate with software created by a third party ("Third Party Software") that requires notices and/or additional terms and conditions (including, without limitation, analytics software, and ad serving technologies as discussed below). Such required Third Party Software notices and/or additional terms and conditions are located on System Era website at www.systemera.net, and such terms are made a part of and incorporated by reference into this Agreement. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms. We reserve the right to update, change and add to the list of Third-Party Software, as applicable, from time to time.

If you integrate any third-party software (including any third-party game client) or services (“User Installed Third-Party Service(s)”) with the Game then, without prejudice to the generality of clause 8 of this Licence, System Era shall not, to the fullest extent permissible under applicable law, be liable or responsible in any form for any failure of the Game (or any System Era service supplied by the Game) caused as a result of the User Installed Third-Party Service. System Era does not audit, regulate or approve User Installed Third-Party Services. Use of a User Installed Third-Party Service with the Game is completely at your own risk, without liability to System Era and you will be solely responsible for any obligations, damages or losses which arise from such use.

PLAY DATA COLLECTION. The Game may collect non-personal and anonymized gameplay data, including:

gameplay progression, stage completion, deaths/failures,
feature usage, difficulty settings, performance metrics,
error logs and crash reports.

This data is collected for the specific purposes of:

Improving gameplay balance and stability,
Identifying bugs and performance issues,
Analyzing aggregate player behavior

Analytics processing may be performed using third-party service providers, including game analytics middleware (such as Tableau), such data is only used only in anonymised or aggregated form.

INFORMATION COLLECTION USAGE. Our Privacy Policy controls all terms of our information collection and usage policy. As a condition precedent for System Era granting you a license to use the Game and our Services, you agree and consent to System Era’s information collection and usage terms, as set forth in this Agreement and the Privacy Policy.

Starseeker does not employ ad serving or content serving technologies, but we may collect certain information during Gameplay that allows us to better understand how players are interacting with the Game and our Services. We do this on a collective and non-individual basis to improve Gameplay, identify bugs, and identify features and functions of the game that work well or that may need improvement. In the event the game crashes a bug affects Gameplay, we may collect information that helps us identify the source of the crash or bug, including the type of operating system you are using. In all cases, we collect only the information reasonably necessary to identify the suspected error.

You understand and agree that all data privacy issues, including OUR collection, use, disclosure, and transfer of your personal information is subject to OUR Privacy Policy, which takes precedence over any other statement in this Agreement. If you do not want your information used or shared AS DESCRIBED IN THIS AGREEMENT AND SYSTEM ERA’S PRIVACY POLICY, then you should not INSTALL OR use the Game OR OUR SERVICES.

WARRANTY.

THIS GAME AND OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. THE GAME AND OUR SERVICES ARE PROVIDED TO YOU WITH ALL FAULTS, AND SYSTEM ERA, OUR AFFILIATES, LICENSORS AND DEVELOPERS AND SUPPLIERS EACH DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTION, UNINTERRUPTED USE, LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. IN ADDITION TO THE FOREGOING, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR NON-INFRINGEMENT. SYSTEM ERA DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THE GAME AND THE SERVICES IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS IN THE LOCATION YOU ACCESS OR USE THE SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.

TO THE EXTENT THAT THE SOFTWARE IS ACCESSED VIA OR DOWNLOADED FROM A THIRD-PARTY PLATFORM, THE DISCLAIMERS OF WARRANTIES SET OUT IN THIS PARAGRAPH 7 ARE REPEATED ON BEHALF OF THE THIRD-PARTY OPERATOR AND ITS AFFILIATES, AND REFERENCES TO “WE” SHOULD BE CONSTRUED ACCORDINGLY. SUCH THIRD-PARTY OPERATORS AND THEIR AFFILIATES SHALL HAVE NO OBLIGATION TO PROVIDE SUPPORT OR OTHER SERVICES IN CONNECTION WITH YOUR USE OF THE SOFTWARE UNDER THIS LICENCE.

EXCLUSION OF ALL DAMAGES AND LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYSTEM ERA, NOR OUR AFFILIATES, LICENSORS, DEVELOPERS, SUPPLIERS, OR SUBSIDIARIES BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE GAME, OR OUR SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SYSTEM ERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You agree your exclusive remedy and our entire liability for breach of this Agreement is limited, at our sole and exclusive discretion, to (1) replacement of the Game or Services; or (2) refund of the license fee you paid pursuant to our refund policy. In no event will our total liability to you for all damages (except as required by applicable law) exceed the amount you paid for the Game.

FURTHER, SYSTEM ERA AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. SYSTEM ERA AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SYSTEM ERA AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, hold harmless, and defend System Era, our affiliates, licensors, and suppliers from all costs, damages, and reasonable attorneys' fees resulting from any breach of this Agreement or any allegation or claim that your use of this Game or the Services has violated any right of any third party or law. You agree that neither System Era nor our affiliates, licensors, or suppliers have any obligation to defend, indemnify, or hold you harmless in any way related to this Agreement, including the use of the Game or Services by you or any other person.

Microsoft Xbox or Windows PC Users. This Agreement does not purport to govern or change, in any way, the relationship you hold with Microsoft, including the Xbox Live Terms of Use or any other agreement under which Microsoft grants you the right to install and use this Game.

Steam Users. This Agreement does not purport to govern or change, in any way, the relationship you hold with Valve, including any Steam Subscriber Agreement, Valve policies or any other agreement under which Valve grants you the right to install and use this Game.

Nintendo Users. This Agreement does not purport to govern or change, in any way, the relationship you hold with Nintendo, including any agreement under which Nintendo grants you the right to install and use this Game.

Sony or PlayStation Users. This Agreement does not purport to govern or change, in any way, the relationship you hold with Sony, including any PlayStation^TMNetwork Terms of Service or User Agreement or any other agreement under which Sony grants you the right to install and use this Game.

U.S. GOVERNMENT RESTRICTED RIGHTS. This Game and related documentation are 'Commercial Items', as that term is defined at 48 C.F.R. §2.101, consisting of Commercial Computer Game and 'Commercial Computer Game Documentation', as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Game and Commercial Computer Game Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users according to the terms and conditions herein. System Era reserves all unpublished rights under the copyright laws of the United States.

EXPORT RESTRICTIONS. You agree to comply with all export and import laws and restrictions and regulations of the United States and any foreign nation. You further agree not to export, re-export, or import the Game, our Services, or any related documentation in violation of any such restrictions, laws, or regulations. You agree not to transfer the Game, the Services, or any of its supporting documentation to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom System Era is prohibited from transacting business under applicable law.

Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

NOTICES AND Consent to Electronic Notice. If for any purpose you provide System Era with your email address, you agree to receive all notices and communications (“Notices”) from us in electronic form at the email address you provide to us. Delivery of any Notice from System Era is effective when sent to your email address, regardless of whether you actually receive or read the Notice. If you have provided your email address and do not wish to consent to electronic notice, you must uninstall and discontinue all use of Game and SERVICES.

For issues regarding customer support, please contact us as follows:

If by mail to: CUSTOMER SUPPORT

SYSTEM ERA SOFTWORKS, INC.

PO BOX NO. 31359, SEATTLE, WA 98103

If by email to: support@systemera.net.

You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the following physical address:

ATTENTION: LEGAL DEPARTMENT

SYSTEM ERA SOFTWORKS, INC.

PO BOX NO. 31359, SEATTLE, WA 98103

Ownership and Independent Origin. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities, or likenesses that may incidentally resemble an existing product, service, or person. We do not claim any right, obligation, or liability in and to user generated-content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remain with its respective owners.

GOVERNING LAW. This Agreement is governed by and construed in accordance with the substantive laws of the state of Washington, U.S.A., except as governed by federal law.

The sole and exclusive jurisdiction and venue for actions related to the subject matter not subject to the binding individual arbitration provision below shall be the state and federal courts located in King County, Washington United States of America. You and System Era each consent to the jurisdiction of such courts (without affecting either party’s right to remove a case to federal court, if possible) and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by the State of Washington or federal law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The terms of this Agreement will not be construed as against the drafter.

DISPUTE RESOLUTION. If you and System Era are unable to resolve a dispute through informal negotiations within 30 days after receipt of the notice of dispute (as sent by you to us at our legal address provided above, or by us to you at your email address or physical address as determined by System Era), you and System Era each agree that any claim or controversy arising out of this Agreement or the Game shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in King County, Washington, USA, and you waive any claim that such a forum is inconvenient. Each claim or controversy will be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The arbitrator may not change the terms of this Agreement. The arbitrator may award injunctive or other equitable relief to enforce the terms of this Agreement, provided that no injunctive or equitable relief may be awarded that would enjoin or impair our rights or ability to distribute or otherwise market, advertise, promote, or exploit the Game.

If it is judicially determined that a claim or controversy arising out of or related to this Agreement, the Game, or the Services cannot be settled by binding arbitration, as provided above, then you agree that any such claim or controversy will be brought and maintained in the state or federal courts located within King County, Washington, USA, as set forth under the Governing Law paragraph above. You waive any claim the state or federal forum is inconvenient.

Be aware that System Era is not precluded from seeking any injunctive or other relief for protection of our intellectual property rights or similar rights in any court of competent jurisdiction. Because we would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that we will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as System Era may otherwise have under applicable laws. The prevailing party in any action to enforce this Agreement is entitled to recover costs and expenses including, without limitation, reasonable attorney’s fees.

At our option, System Era has the further right, but not an obligation, to defend or settle any action or proceeding arising from a claim that your permitted use of the Game or our Services infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of such claims must be sent to System Era within fourteen (14) days of your first knowledge of any such alleged infringement, at our address as provided in the Notices and Consent to Electronic Notice section of this Agreement. We will have sole discretion and control over the defense or settlement of any such claim unless it declines to defend or settle such claim, in which case you are free to pursue a course of action as you reasonably determine. We are not obligated to indemnify or hold you harmless with respect to any actions, proceedings, or claims. In the event of such a claim, or if we believe such a claim is likely, we may: (1) procure for you the right to continue using the Game; (2) modify the Game or Services so that it becomes non-infringing; or (3) terminate this Agreement. You agree to comply with any court judgment or other conditions imposed on you or us as a result of an allegation of a patent or copyright infringement.

ENTIRE AGREEMENT. This Agreement and the Privacy Policy referenced herein set out the entire agreement and understanding between us. This Agreement supersedes all prior agreements, understandings or arrangements (whether oral or written) regarding the subject matter of this Agreement and our Privacy Policy. You acknowledge you have entered into this Agreement in reliance only on the representations, warranties and promises expressly set out in this Agreement. No failure on the part of either party to exercise or to enforce any right given under this Agreement or at law or any custom or practice of the parties at variance with the terms of this Agreement will constitute a waiver of either of the parties' respective rights under this Agreement or operate to prevent the exercise or enforcement of any such right at any time. The terms of this Agreement govern in the event of a conflict between this Agreement and any applicable purchase or other terms.

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