End User License Agreement

This End User Licence Agreement (hereinafter referred to as “EULA”) is a contract between Users (hereinafter referred to as “you” or “your”) and ASZ Games (hereinafter referred to as the “Company”, “We”, “Us” or “Our”). This EULA applies to the game “Code Asylum”, the software in it including any patches or updates, any in-app purchase content etc. (hereinafter together referred to as the “Game” and/or “Game software” or “Mobile Application”).

This software is licensed, not sold. Company reserves all rights not expressly granted to you. This is a legal agreement between you and us. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game and please inquire about anything you do not understand.

If you are not eighteen (18) years of age, have your parents review this Agreement. By installing, copying and/or otherwise using the Game Software, you are signifying your acknowledgement, acceptance and agreement to this Agreement.

BY INSTALLING, COPYING AND/OR OTHERWISE USING THIS GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. THE “GAME SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THE VIDEO GAME, THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE, THE ASSOCIATED MEDIA, ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE VIDEO GAME, ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. THE AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED ON http://codeasylum.co AND/OR ON OUR MOBILE APPLICATION, INCORPORATES THE COMPANY’S PRIVACY POLICY (PUBLISHED AT http://codeasylum.co/privacy-and-policy/).

BY OPENING THE GAME SOFTWARE, INSTALLING, AND/OR USING THE GAME SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE GAME SOFTWARE, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH US. THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY FOR DISSATISFACTION WITH THE GAME SOFTWARE OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH US, IS TO STOP USING THE GAME SOFTWARE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE GAME SOFTWARE, AND COMPANY SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE GAME SOFTWARE.

  1. ABOUT US:

Code Asylum, owned and operated by ASZ Games (hereinafter referred to as “We” or “Us” or “Our” or “App” or “Company”) is committed to protecting your privacy.

  1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS:

The Game Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game Software may be subject to additional terms and conditions promulgated by us from time to time. Any material modifications to the Agreement will also be brought to your attention by posting onhttp://codeasylum.coand/or on our mobile application. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.

  1. LIMITED USE LICENSE:

2.1 Subject to your compliance with the terms and conditions of the Agreement, Company hereby grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software solely and exclusively for your personal and non-commercial use.

2.2 This Agreement shall also apply to any patches or updates you may obtain for the Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.

2.3 This license does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property rights to the Game Software. All rights not specifically granted under this Agreement are hereby reserved by the Company and, as applicable, by its licensors.

2.4 We give you the personal right (known as a ‘licence’) to download and play the Game on (i) any mobile or tablet device that you own or control and as permitted by the Usage Rules set forth in the Apple App Store & Google Play terms & conditions.

2.5 This licence is for your personal use only (i.e. not for other people and not for commercial gain). We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other people as well. It is also ‘non-transferable’, meaning it cannot be given to anyone else.

  1. NO RIGHT TO OWNERSHIP:

3.1 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.

3.2 Except as expressly licensed to you herein, all right, title, and interest in and to the Game Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Company or Company’s licensors.

3.3 The Game Software is protected by the copyright laws of Australia. All rights are reserved. The Game Software contains certain licensed materials, and Company and/or Company’s licensors may protect their rights in the event of any violation of this Agreement.

  1. PATCHES, UPDATES AND CHANGES:

From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance gameplay, to add new features or to resolve software bugs). From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of the Game.

  1. INTELLECTUAL PROPERTY RIGHTS:

5.1 The Game, including the graphics, gameplay, user interface, audio and other content, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our permission. The Service and all content and other materials that are part of the Service, including, but not limited to, the ASZ Games effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors and are protected by laws of Australia and/or international copyright laws.

5.2 ASZ Games, the ASZ Games logo, all game names, and any other product or service names or slogans contained within the Service are trademarks of ASZ Games or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ASZ Games or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ASZ Games” or any other name, trademark or product or service name of ASZ Games without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  1. NO SALE OR ASSIGNMENT:

Company does not recognize the transfer of the Game Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of the Company. Any attempt to do so shall be void and of no effect.

  1. LICENSE CONDITIONS:

7.1 You agree to only use the Game Software, or any part of it, in a manner that is consistent with this Agreement, and you shall not:

(a) exploit the Game Software or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;

(b) use the Game Software or permit the use of the Game Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time;

(c) use the Game Software, or permit use of the Game Software, or make the Game Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;

(d) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies;

(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of the Company and/or its licensors on creation, in any event);

(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software;

(g) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;

(h) create data or executable programs which mimic data or functionality in the Game Software unless provided for in Section 7.1 (I) below; or

(i) use the part of the Game Software which allows you to construct new variations (“Editor”) to create new levels which:

(I) can be used otherwise in connection with the Game Software;

(II)to modify any executable file;

(III) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party;

(IV) to use the trademarks, copyright or intellectual property rights of any third party;

(V) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.

7.2 Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Game Software.

  1. PAYMENTS AND COINS:

8.1 The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points that may be purchased for actual money if you are a legal adult in your country of residence. Examples of Virtual Currency include, but are not limited to, “Gems” in Code Asylum. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from ASZ Games for actual money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for actual money, goods or other items of monetary value from ASZ Games or any other party.

8.2 Other than a limited, personal, revocable, non-transferable, non-sublicenseable and non-exclusive license to use the Virtual Goods or Virtual Currency within the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating within the Service, or any other attributes associated with use of the Service or stored within the Service.

8.3 ASZ Games has the absolute right, but not the obligation, to manage, regulate, control, modify and/or eliminate such Virtual Currency or Virtual Goods as it sees fit in its sole discretion, and ASZ Games shall have no liability to you or any third party for the exercise of such rights.

8.4 Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or other items of value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Service and possible legal action.

8.5 You agree that all sales of Virtual Goods and Virtual Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies are forfeited if your Account is terminated or suspended for any reason, in ASZ Game’s sole and absolute discretion, or if ASZ Games discontinues providing the Service or the Game where the Virtual Goods or Virtual Currencies were obtained.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

9.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND GAME SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE GAME SOFTWARE MAY GO OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH GAME SOFTWARE.

9.2 THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

9.3 COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE FOR ANY PURPOSE. THE GAME SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of the Game Software may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Game Software, and therefore, delays and disruption of other network transmissions are completely beyond Company’s control.

9.4 YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO STOP USING THE GAME SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF COMPANY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF COMPANY AND THE COMPANY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9.5 We warrant that: (i) we have the right to enter this EULA and to grant you the licence to use the Game set out in this EULA; (ii) we will use reasonable skill and care to give you access to the Game; and (iii) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA. Please also note that we provide the Game for personal entertainment, on an ‘as is’ basis.

  1. INDEMNIFICATION:

Upon a request by Company, you agree to defend, indemnify, and hold Company and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Game Software; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.

  1. INTERNATIONAL USE:

Although the Game Software may be accessible worldwide, we make no representation that the Game Software or related materials are appropriate or available for use in locations outside Australia, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited.

  1. TERMINATION AND SURVIVABILITY OF TERMS:

12.1 If you breach a term of this EULA, then we may cancel or suspend your access to the Game.

12.2 You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to us prior to any termination.

12.3 You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Game Software at any time, pursuant to the terms of this Agreement.

12.4 Without prejudice to any other rights of Company/ASZ Games, this Agreement shall terminate automatically if you fail to comply with its terms and conditions.

12.5 To access, correct, cancel, or update your account information, login to your account and go to the account setting. In some cases, in order to cancel your account, you may have to email ASZ Game’s customer service at codeasylumgame@gmail.com. Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances – where, for example, you have shared information on the ASZ Games Services or with a third-party application or website.  We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies.  Because of the nature of caching technology, your account may not be instantly inaccessible to others, and we may not be able to remove your content or there may be a delay in the removal of the content from elsewhere on the Internet, for example, from search engines.

12.5 Upon termination, you must destroy all copies of the Game Software. The provisions of Sections 3, 5, 6, 9, 10, 11, 12, 13 and shall survive any termination of this Agreement.

  1. INJUNCTION:

Because Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Company shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

  1. ADDITIONAL PROVISIONS APPLYING ONLY TO APPLE iOS COPIES OF THE GAME:

14.1 Third party intellectual property right claims: In the event of any third party claim that the Game or your possession and use of that Game infringes that third party’s intellectual property rights, we and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

14.2 In the event of any failure of the Game to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for the Game to that player. Otherwise, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

14.3 You and we agree acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of that Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA may not limit our liability to you beyond what is permitted by applicable law.

14.4 Apple is not a party to this EULA: You and we agree that this EULA is an agreement concluded between us alone and not by Apple. We are solely responsible to you for the Game and its content, so if you require maintenance or support services or have any questions or complaints please contact us and not Apple, since Apple has no obligation whatsoever to furnish any such services with respect to the Game.

14.5 Apple is a third party beneficiary of this EULA: Apple and its subsidiaries are a third party beneficiary of this EULA. Following your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

  1. GOVERNING LAWS AND JURISDICTION:

15.1 These Terms and any action related thereto will be governed by the laws of Australia.

15.2 Users agree to submit to the exclusive jurisdiction of the courts in Melbourne, Victoria, Australia in relation to proceedings arising out of this agreement.

  1. DISPUTE RESOLUTION:

16.1 In case of any dispute with us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 The venue for arbitration shall be in Melbourne and the language used for arbitration shall be English.

16.3 The award of the arbitration shall be binding on both, you and us.

  1. PRIVACY:

All Personal Information provided us are subject to our Privacy Statement.

  1. AGREEMENT BINDING ON SUCCESSORS:

This EULA shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.

  1. FORCE MAJEURE:

Company shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond Company’s control, including but not limited to:

(a) Acts of god;

(b) Natural disasters;

(c) Sabotage;

(d) Accident;

(e) Riot;

(f) Shortage of supplies, equipment, and materials;

(g) Strikes and lockouts;

(h) Civil unrest;

(i) Computer hacking; or

(j) Malicious damage.

  1. SEVERABILITY:

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.

  1. CHANGES TO THIS EULA:

We may amend this EULA as and when we consider it appropriate or necessary for legal reasons or to reflect changes in the Game. If so, then we will make the revised EULA available here.

  1. ASSIGNMENT:

Company may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Company’s express prior written consent.

  1. ENTIRE AGREEMENT:

This Agreement represents the complete agreement between you and us concerning the Game Software and supersedes all prior agreements and representations, warranties or understandings between you and us (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.

  1. CONTACT US:

If you have any questions concerning this agreement, you may contact us at codeasylumgame@gmail.com