OXENFREE END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is an agreement between you and Night School Studio, LLC together with its subsidiaries and affiliates (collectively, “NIGHT SCHOOL STUDIO” or “we” or “us”) governing your use of our games and other applications, including mobile applications, software, and all other content including online content or features that NIGHT SCHOOL STUDIO makes available through games or on NIGHT SCHOOL STUDIO’s website (hereinafter, the “Game Software”).
THIS GAME SOFTWARE IS LICENSED, NOT SOLD, TO YOU SOLELY FOR YOUR PERSONAL USE. BY DOWNLOADING OR OTHERWISE USING THIS GAME SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND RESTRICTIONS IN THIS EULA.
If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept this EULA.
- Grant of a Limited Use License
- License Conditions and Restrictions
You agree to use the Game Software in a manner consistent with this EULA and further agree that:
- You may not use the Game Software if you are under the age of majority where you live, unless your parent or legal guardian has reviewed and agreed to this EULA;
- You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Game Software, including any terms regarding payment for Purchases made through such platforms;
- Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, create derivative works, decipher or otherwise try to derive the source code for the Game Software;
- You will not copy, modify, rent, sell or distribute content from the Game Software except as specifically authorized by us;
- You will not use the Game Software for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation;
- You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game Software experience;
- You will not remove or obscure any proprietary notices within the Game Software;
- You will not attempt to gain unauthorized access to the Game Software, to accounts registered to others, or to networks from which portions of the Game Software are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game Software.
- Changes to the EULA.
This EULA may be modified by us from time to time by posting updated versions in the Game Software or otherwise notifying you of changes through the Game Software. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Game Software after the posting of changes to this EULA, you agree to the changes and the updated EULA.
- Ownership and Intellectual Property Rights
You agree and acknowledge that except for the limited license granted herein, all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, logos, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, and any related documentation) are owned by NIGHT SCHOOL STUDIO.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide.
The trademark “NIGHT SCHOOL STUDIO” as well as any of our Game Software and logos associated with each of the foregoing, are trademarks of NIGHT SCHOOL STUDIO, and all trademarks, logos and service marks (collectively, “Marks”) displayed on or in the Game Software are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game Software are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
All sales are final. NIGHT SCHOOL STUDIO does not control or manage any payment processes; please review the relevant terms and conditions of the applicable platform provider before downloading the Game Software. You acknowledge that neither we nor any platform provider is required to provide a refund for any reason. You may request a refund directly from that platform provider subject to their refund policy.
This License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with this EULA. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s), mobile device or other applicable hardware. The Sections entitled “Ownership and Intellectual Property Rights,” “License Conditions and Restrictions,” “Limitations on Liability,” “Termination,” “Indemnity,” “Agreement to Arbitrate,” “Applicable Law” and “Miscellaneous” shall survive any termination of this License.
- Disclaimer of Warranties
The Game Software is provided “AS IS,” and use of the Game Software is at your sole risk. To the extent permitted by applicable law, we make no representations, warranties, or conditions of any kind, either express or implied, about the Game Software or any content or services made available through the Game Software, and we specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. NIGHT SCHOOL STUDIO does not warrant that you will be able to access or use the Game Software at the times or locations of your choosing; that the Game Software will be uninterrupted or error-free; that defects will be corrected; or that the Game Software or our service are free of viruses or other harmful components.
- Limited Liability
You acknowledge that NIGHT SCHOOL STUDIO shall not be liable in any way for any loss or damage of any kind arising out of use of the Game Software including without limitation (1) any incidental, indirect, punitive, special or consequential damages, resulting from the possession, use or malfunction of the Game Software including without limitation any losses or damages related to or consisting of: lost profits, damage to property, lost or corrupted data, console, computer or mobile device failure or error, and/or lost business regardless of the cause of action even if NIGHT SCHOOL STUDIO has been advised of the possibility of such loss or damages; and (2) in no event shall NIGHT SCHOOL STUDIO’s total liability in all cases exceed the actual price paid for the Game Software.
- Agreement to Arbitrate.
If you are a resident of the United States Section 10 applies to you. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS
Most user concerns can be resolved by contacting our customer support team at [email protected]. Any matters that we are unable to resolve, and all claims and disputes arising out of this EULA or the breach, termination or invalidity thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 10 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1-800-778-7879.
You hereby agree to indemnify, defend and hold NIGHT SCHOOL STUDIO harmless from any loss, damage, claim or liability, including our legal reasonable fees and expenses incurred by us arising out of your use of the Game Software or your violation of this EULA. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us.
- Applicable Law.
You agree that this EULA as well as any other dispute or claim that may arise between you and NIGHT SCHOOL STUDIO, shall be governed by and resolved in accordance with the laws of the State of California, without regard to conflict of law provisions or principals.
For claims not required to be arbitrated under Section 10or in the event the arbitration provision in Section 10 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in Los Angeles County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
Except as otherwise expressly set forth in this EULA, in the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these EULA shall remain in full force and effect. This EULA constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA.
- Contact Information.This website and Game Software are operated and provided by NIGHT SCHOOL STUDIO. If you have any questions, comments or concerns regarding our policies or practices, please send an e-mail to [email protected]