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END USER LICENSE AGREEMENT
Effective Date: May 8th 2023

PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA”) CAREFULLY. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE GAME, AS YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE GAME.

This EULA, together with the terms of use (“Terms of Use”), and the privacy policy (“Privacy Policy”) which can be found on https://store.redbarrelsgames.com/pages/tos, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding any related activity or offering (all such terms hereafter collectively “RB Terms”), govern your participation and use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product, online service or web site (individually and collectively “RB Services”) currently offered or which will be offered by Red Barrels Inc., or any of its subsidiaries and affiliates (collectively, “RB”) is a legal agreement between you (referenced herein as "you", "user" or “your”) and Red Barrels Inc. (referenced herein as “Company”, “us” or “our”) that applies to your participation in the Outlast Trials Game.

By accessing and/or using the Game you acknowledge that you have read, understand and agree to comply with the RB Terms, as well as (i) all policies and terms for use of the platform on which you are accessing the Game (each such platform, the “Platform”), as may be required for access to and use of the Game; and (ii) all laws applicable to the Game and your access to and use thereof.

You agree that it is solely your responsibility to ensure that your access to and use of the Game complies with the laws of your jurisdiction. We make no representation that the Game is appropriate or available for use outside of Canada.
We reserve the right at any time and from time-to-time to modify, edit and update any of the RB Terms and any of our policies. Your access to use of the Game on and after the date on which we post the revised terms constitutes your acceptance of the RB Terms as revised, in addition to any revised policies.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Game, including all related expenses, if any.

1. Access and Use.

(a) Rights of Access. Subject to and conditioned on your compliance with the terms and conditions of this EULA, Company hereby grants you a non-exclusive, non-transferable right to access and use the Game in accordance with the terms of this EULA. Use of the Game is limited to your internal and personal use. From time to time, Company may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that Company may stop supporting previous versions of the Game upon availability of an updated version.

(b) Use Restrictions. You shall not use the Game for any purposes beyond the scope of the access granted in this EULA. You shall not at any time, directly or indirectly, and shall not assist or permit any other person or entity to: (i) copy, modify, or create derivative works of the Game, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Game; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Game, in whole or in part; (iv) remove any proprietary notices from the Game; or (v) use the Game in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. Notwithstanding the foregoing, you may capture videos and images from play of the Game and livestream your play of the Game, and your uses thereof must solely include posting of such images, video and livestreams on your social media accounts for your personal and non-commercial uses. You agree you will not post any images, video or livestream if any part thereof, or the act of posting, would be considered: (a) defamatory, abusive, or a violation; (b) as diminishing, infringing upon, misappropriating or violating any intellectual property or other property or proprietary rights of Company or any third party; or (c) unlawful in any other way.

(c) Rules of Conduct and Behaviour Restrictions. You will comply with all rules of conduct imposed by each of Company and the Platform at all times. By accessing and using the Game, you agree that you will not, under any circumstances:

  • i. Engage in any behaviour or use any language that might be considered by a reasonable person to be obscene or that advocates violence, prejudice or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane, or causes embarrassment of or to another user of the Game, or that conveys or communicates racial, ethnic, sexual orientation, heritage, or religious slurs, hate speech, derogatory epithets, language that is deemed offensive by us, or indecent material of any kind, or engage in or encourage conduct that we deem to be a personal attack or that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify a child, or any child’s or other person’s present or future location.
  • ii. Impersonate any other person, including but not limited to any celebrity, falsely represent yourself as a Company or RB employee or representative, or represent yourself as affiliated with Company or any RB partners or affiliates.
  • iii. Disrupt the flow of chat in chat rooms with vulgar, profane, or abusive language, hitting the return key repeatedly, or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text), or engage in any other behaviour that is intended to or has the effect of interfering with the gameplay of other players or participants.
  • iv. Attempt to get a password, access information, or other private information from anyone else on RB Services.
  • v. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game or any software.
  • vi. Upload files that contain a virus, malicious code, disabling mechanism, or corrupted data.
  • vii. Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
  • viii. Improperly make false or misleading reports to any Company representative.
  • ix. Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
  • x. Modify any part of the Game or any RB Services.
  • xi. Post or communicate any user’s personal information using any RB Service.
  • xii. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for any RB Service.
  • xiii. Attempt to use Company software on or through any service that is not controlled or authorized by Company.
  • xiv. Exploit the Game or any of its part thereof or any RB Service, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
  • xv. Interfere with the ability of others to enjoy playing a Company Game or RB Service or take actions that interfere with or materially increase the cost to provide the Game or any RB Service for the enjoyment of all its users.
  • xvi. Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
  • xvii. Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by Company.
  • xviii. Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by the RB Terms or otherwise permitted in the gameplay.

THIS ABOVE-REFERENCED LIST OF PROHIBITIONS ONLY PROVIDES EXAMPLES OF UNACCEPTABLE CONDUCT AND IS NOT INTENDED TO BE A COMPLETE OR EXHAUSTIVE LIST OF PROHIBITED CONDUCT. YOUR ONLINE CONDUCT SHOULD BE GUIDED BY COMMON SENSE AND RESPECT FOR OTHERS WHO ACCESS AND USE THE GAME (WHETHER OR NOT SUCH THIRD PARTIES ARE REGISTERED USERS OF THE GAME) AND FOR THE EMPLOYEES AND REPRESENTATIVES OF COMPANY. YOU MUST ALSO OBEY ALL FEDERAL, PROVINCIAL, STATE, AND LOCAL LAWS, REGULATIONS AND RULES THAT APPLY TO YOUR ACTIVITIES WHEN YOU USE THE GAME. COMPANY RESERVES THE RIGHT TO TERMINATE THIS EULA AND TO PREVENT YOUR USE OF ANY AND ALL THE RB SERVICES IF YOUR ACCESS IS USED TO ENGAGE IN ILLEGAL ACTIVITY, VIOLATES THESE RULES OF CONDUCT, OR OTHERWISE ANY RB TERMS.

(d) Suspension & Maintenance. Notwithstanding anything to the contrary in this EULA, Company may temporarily suspend your access to any portion or all of the Game if: (i) Company reasonably determines that (A) there is a threat or attack on the Game, (B) your use of the Game disrupts or poses a security risk to the Company, the Company IP (as hereinafter defined) or to any other player of the Game, (C) you are using the Game for fraudulent or illegal activities. Company may determine that the Game requires maintenance at any time, at its sole discretion, and without notice to you. During such maintenance, the Game may be unavailable for access and use. Company may further cancel or suspend the Game at its discretion. Company will have no liability for any damage, liabilities, losses (including any loss of data), or any other consequences that you may incur as a result of a suspension, a cancellation or any maintenance.

(e) Provision of Early Access. Early Access is a full purchase of a playable game. By purchasing, you gain access to download and play the game in its current form and as it evolves. You keep access to the game, even if the game later moves from Early Access into fully released. As part of Early Access, we are committed to hearing player feedback and working to refine the game, but cannot guarantee that any specific new content or features will be implemented into the game at any point in time. The full release of The Outlast Trials will contain bug fixes and improvements on balance and core gameplay, as well as more content, including but not limited to more trials, challenges, enemies, upgrades, customization, etc.

(f) The Game will be provided:
  • i. online. Access to the Game offline will not be provided. A broadband internet connection will be required to access and use the Game and you are wholly responsible for obtaining and maintaining such connection during your access to and use of the Game, including but not limited to all costs relating thereto. We recommend using a robust, reliable, high-speed internet connection in order to achieve the best Game playing experience. We cannot guarantee the performance of our Game with a poor quality internet connection.
  • ii. via the Platform, and you may be required to create and maintain a Platform profile and hereby agree to comply with all of the Platform’s policies and terms, as may be applicable;
  • iii. in particular jurisdictions and you must be located in such jurisdiction to use the Game and, if you are not located in an applicable jurisdiction, the Game will not be made accessible to you or useable by you, and Company bears no liability or responsibility for such lack of access or use;
  • iv. such that access will not be given to users in any specific order, including without limitation that access will not be provided on a first-come-first-served basis or a first-to-gain access basis; and
  • v. to allow you to access a limited section of The Outlast Trials video game and related Platform, and you will not experience all game features and aspects of, nor is the Game reflective of, the final release of the Outlast Trials video game or related Platform.

(g) Functions. The Game will function so as to: (i) collect and track information related to your use of the Game; (ii) incorporate flashing lights and strobing effects; (iii) contain anti-cheat software, at Company’s discretion; (iv) make voice chat available to players that is not moderated by Company; and (v) all of your use of the Game and all of its functions is at your sole risk, and the Company bears no liability or responsibility for your use of the Game.

2. Your Responsibilities.

(a) General. You are responsible and liable for all uses that you make of the Game, whether directly or indirectly, and to ensure that you solely use the Game in accordance with the RB Terms.

(b) Game Accounts. You will be required to register and set-up accounts, including for the Platform, in order to access and use the Game (collectively the “Game Accounts”). You hereby agree to comply with all of the RB Terms, all of the Platform’s policies, and any additional terms imposed by Company. Your Game Accounts are for you as a single-user only and you will not share the Game Accounts with any other person. Your Account may not be transferred, sold or used by anyone else. Regardless, you are liable for all activities conducted through your Account. Furthermore, you shall not assign or transfer your rights and obligations under the RB Terms. You shall immediately notify Company if you suspect or become aware of any loss or theft of any of your Game Accounts password(s) or any unauthorized use of any of your Game Accounts. Company will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.

(c) User Data. You hereby consent to all uses of all data that you provide and that we collect relating to your Game Account(s) and your use of the Game (collectively the “User Data”) by us and third parties in accordance with the RB Terms, and acknowledge that such User Data may be transferred outside of Canada and may be treated in accordance with foreign laws as a result of such transfer. We will apply commercially reasonable efforts to handle the User Data in a manner consistent with applicable laws.

(d) Payment. When you provide payment information to Company or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you, and you authorize Company to charge such payment method for the full amount of the transaction.

(e) Age. YOU MUST BE AT LEAST SEVENTEEN (17) YEARS OF AGE TO ACCESS AND USE THE GAME. THIS GAME IS NOT INTENDED FOR A YOUNG AUDIENCE OR ANYONE UNDER THE AGE OF SEVENTEEN (17). THE GAME CONTAINS CONTENT NOT APPROPRIATE FOR ALL AGES OR MAY NOT BE APPROPRIATE FOR VIEWING IN PUBLIC SPACES, INCLUDING IN ANY WORKPLACE. YOU AGREE NOT TO PLAY, OR TO ALLOW OTHERS TO PLAY THE GAME IF DOING SO WOULD VIOLATE THE APPLICABLE MINIMUM AGE RATING IN YOUR JURISDICTION. PARENTS AND GUARDIANS OF CHILDREN UNDER THE AGE OF EIGHTEEN (OR THE APPLICABLE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE) SHOULD READ THE RB TERMS CAREFULLY BEFORE ALLOWING CHILDREN TO USE THE SERVICES.

(f) Viewer Discretion Warning. GAME CONTENT MAY INCLUDE FLASHING LIGHTS, LIGHT PATTERNS, STROBING LIGHTS, STROBE-LIKE LIGHT EFFECTS, RELIGIOUS IMAGERY/CONTENT/REFERENCES, FREQUENT VIOLENCE OR GORE, DEPICTIONS OF VIOLENCE, DISTURBING VISUALS, IMAGERY, BLOOD, CARNAGE, SCENES WITH A SEXUAL CONNOTATION, SEXUAL VIOLENCE, AND OFFENSIVE LANGUAGE AND/OR NOISE. DO NOT ACCESS OR PLAY THE GAME IF IT REPRESENTS A RISK TO YOUR PHYSICAL AND/OR MENTAL HEALTH OR WELL BEING. YOU UNDERSTAND THAT BY ACCESSING AND/OR PLAYING THE GAME, YOU MAY ENCOUNTER CONTENT THAT SOME MAY CONSIDER OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. YOU AGREE THAT YOU PLAY THE GAME AT YOUR OWN SOLE AND EXCLUSIVE RISK, AND COMPANY SHALL NOT HAVE ANY LIABILITY TO YOU OR ANYONE ELSE FOR ANY SUCH CONTENT. PLAYER DISCRETION IS ADVISED.

(g) Early Access Game Status. You hereby agree and acknowledge that the Early Access is not a final version of The Outlast Trials video game, and the Game may contain bugs or game play issues and failures. Certain features of The Outlast Trials video game may be unavailable in the Early Access Game, and the features, functions and content of the Early Access Game are subject to change during the Early Access Period and may not be incorporated in the final released version of The Outlast Trials video game. If the Early Access version of the game doesn’t sound like it’s for You, feel free to hold off on playing it until we release the next update, which should be coming up sometime soon.

(h) Contact. You hereby agree that Company may contact you for purposes relating to the Game, including to collect Feedback, by telephone, email or by other technological means.

(i) Virtual Items

The Game may feature virtual items. Virtual items may include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups, upgrades), points, credits, tokens and currency (collectively, “Virtual Items”) for use in the Game. You may be able to gain Virtual Items during the course of playing the Game, or we may allow you to acquire Virtual Items with actual currency (such as Canadian Dollars) or virtual currencies. Certain Virtual Items in the Game may not be available unless purchased.

Virtual Items purchased on other platforms will be subject to the terms and conditions that apply to those platforms. Please review such terms and conditions for further information before completing your purchase.

Company does not control payment or refund methods used by any such platforms. When you make a payment through a third-party platform, you agree to the applicable payment terms, and Company is not a party to, nor is Company liable or responsible for any such transaction.

Virtual Items are not sold, but licensed to you. You do not own the Virtual Items. You have a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Items, for your personal use and for entertainment purposes only. You do not acquire any right, title, interest, or ownership in or to any Virtual Items. We may terminate your license at any time, in our sole discretion.
Company has the absolute right to modify or eliminate any Virtual Items made available to You at any time, in its sole discretion, and without any liability to you or any third party.

Virtual Items have no monetary value, and in no event may you deal in any Virtual Items for actual legal currency or any other goods or services (including other Virtual items), whether contained within the Game or otherwise, except as expressly permitted by the RB Terms or otherwise permitted during gameplay.
Each and every purchase of Virtual Items is non-refundable and non-returnable.
Note that depending on the country in which you are located, there may be laws that govern the validity or otherwise limit the use of Virtual Items.

3. Intellectual Property Ownership; Feedback.

(a) Company IP. You acknowledge that, as between you and Company, Company owns all right, title, and interest, including all intellectual property rights, in and to the Game and all intellectual property therein and relating thereto, and other Company intellectual property (collectively the “Company IP”). Company reserves all rights not expressly granted to you in this EULA, including but not limited to rights in derivative works. Except for the limited rights and licenses expressly granted under this EULA, nothing in this EULA grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to any Company IP. For clarity, the Game may provide access to content that is licensed to Company by third parties, and such content shall be protected as Company IP, in accordance with the terms of this EULA. You are responsible for reporting to Company in a timely manner any infringement or threat of infringement of the Game or any other Company IP. Company shall have the sole right to pursue any action relating to any such infringement, at its sole discretion.

(b) Feedback. You may at your discretion provide Company with your posts, comments, questions, information, notices of bugs in the Game, or other feedback relating to the Game, or suggest or recommend changes to the Game, including without limitation, new features or functionality relating thereto (collectively "Feedback"). Company is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to Company all right, title, and interest in the Feedback, and Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback.

4. Your Representations. You represent and warrant that: (a) you are at least seventeen (17) years of age; (b) you will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), consents and authority) when submitting information or data, including but not limited to User Data, through or to the Game; and (c) you access the Game by your own volition and accept and bear all associated risks, and are responsible for compliance with this EULA, the Steam Policies, and all applicable laws, rules, and regulations with respect to your use of the Game.

5. Enforcement. Company is not responsible for screening, policing, editing, or monitoring your use of the Game and encourages all of its users to use reasonable discretion and caution in access and use of the Game. Nevertheless, if you violate this EULA, Company may, in its sole discretion, take whatever action is necessary to protect Company’s legal or equitable rights, or otherwise enforce this EULA. Moreover, it is a policy of Company to take appropriate actions under applicable intellectual property laws.

6. Permission to Use User Data. By using the Game you: (i) automatically grant Company and any current or future parents, subsidiaries, successors and assigns, as well as any affiliated current or future corporations, organizations, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display all User Data relating to you, in whole or in part, worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information; (ii) acknowledge that such User Data (in the form received or provided by you) is non-confidential for all purposes and that Company owes no obligation of confidentiality, attribution, or approval, and has no control over the extent to which any idea or information may be used by any other party or person; (iii) agree you will receive no compensation for any User Data; (iii) hereby waive any right to enforce any intellectual property or proprietary right against Company and its parent, affiliates, and subsidiaries as a result of or on the basis of any use or exploitation of any User Data, or incorporation of any User Data into any Company product or service; (iv) confirm our right to use (and to allow third parties to use) such User Data in connection with the operation of the Game and Company operations generally, including without limitation for our advertising and marketing purposes, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on such User Data; (v) agree not to provide us with any User Data, programs, or otherwise with any other content that contain viruses, Trojan horses or tools that have the effect of compromising the security of the Game or other websites or third party services.

7. Security. Notwithstanding that we apply security measures to the Game, there is no guarantee that information or personal information on the Game or on the Internet, or submissions to the Game or through the Internet will be maintained as confidential and secure. The use of the Game, output, and content is at your own risk and company assumes no liability or responsibility pertaining to the Company services, its content, Company IP, works, output, or to your use thereof, or to the receipt, storage, transmission or other use of user data, your information or personal information.

8. Warranty Disclaimer. ALL USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME AND ALL COMPANY IP ARE PROVIDED "AS IS" AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM ACCESS AND USAGE OF THE GAME. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE GAME OR ANY COMPANY IP WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

9. Indemnity. You hereby agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates, third parties engaged by Company, third parties that assist Company, and each of their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in respect of or arising from your use of the Game, the User Data, or any breach of any term of this EULA or applicable law.

Limitations of Liability. IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS EULA UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.00.

COMPANY IS NOT AND SHALL NOT BE LIABLE OR BEAR ANY RESPONSIBILITY FOR:
  • i. ANY DAMAGES CAUSED TO YOUR PERSONAL EQUIPMENT OR THE EQUIPMENT OF ANY OTHER PERSON DURING ACCESS TO OR USE OF THE GAME;
  • ii. ANY BUGS OR GAME PLAY ISSUES EXPERIENCED OR IDENTIFIED DURING ACCESS TO OR USE OF THE GAME, EVEN IF THE GAME IS RENDERED INACCESSIBLE OR UNUSABLE AS A RESULT THEREOF, AND COMPANY BEARS NO RESPONSIBILITY TO FIX BUGS IN THE GAME AT ANY TIME;
  • iii. ANY UNEXPECTED OUTCOME RELATING TO THE GAME, INCLUDING ANY NEGATIVE OUTCOMES; OR
  • iv. PROVIDING ANY INDIVIDUAL SUPPORT FOR ANY ISSUES ARISING IN THE GAME;

10. Term and Termination.
  • (a) Term. Conditional on your payment of all sums due and owing, the term of this EULA shall continue, unless earlier terminated by the Game being cancelled or terminated in accordance with the terms of this EULA.
  • (b) Termination. In addition to any other express termination right set forth in this EULA, Company may terminate this EULA, effective on written notice to you, at Company’s discretion, or if you breach any of your obligations or any of your representations and warranties under this EULA or any Platform.
  • (c) Effect of Expiration or Termination. Upon expiration or earlier termination of this EULA, you shall immediately discontinue use of the Game.
  • (d) Survival. The sections of this EULA that by their nature survive termination or expiration of this EULA shall survive termination and expiration.
  • 11. Compliance with Investigation. Company will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.

12. Miscellaneous.
  • (a) Entire Agreement. This EULA, the Terms of Use, and the Privacy Policy, together with the any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the parties with respect to the subject matter of this EULA and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
  • (b) Amendments and Modifications. Amendment or modification of this EULA may be made by Company and shall be effective immediately thereafter.
  • (c) Waiver. Except as otherwise set forth in this EULA, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this EULA will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  • (d) Severability. If any provision of this EULA is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this EULA or invalidate or render unenforceable such term or provision in any other jurisdiction.
  • (e) Governing Law. This EULA shall be construed and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. The parties hereto hereby (i) irrevocably and unconditionally attorn and submit to the non-exclusive jurisdiction of the courts of the Province of Quebec with respect to any legal action or proceeding relating to this EULA.
  • (f) Assignment. You may not assign any of your rights or delegate any of your obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Company. This EULA is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
  • (g) Equitable Relief. You acknowledge and agree that, upon a breach or threatened breach by you of any of your obligations under this EULA, Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.

13. Contact Us. If you have any questions about the Game or this EULA, please contact Company at the following email address: info@redbarrelsgames.com

© Red Barrels Inc., 2023.