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IMPORTANT LEGAL NOTICE
This End User Licence Agreement ("Agreement") is a legal agreement between you and PlaySide Studios Ltd ABN 73 154 789 554 and its group of companies (“PlaySide”, “we”, “us”, and “our”) relating to the video game software titled ‘[Mouse: P.I. For Hire]’ (“Game”) on all gaming platforms (including gaming consoles, personal computers, mobile computers or mobile devices, in-game applications and software platforms), and all software programs in respect of the Game, including any add-ons, variations, expansion packs, virtual content, virtual currency, updates, upgrades, patches or other modifications made in respect of the Game software from time to time (collectively referred to as the "Software").
We license use of the Software to you on the basis of this Agreement. We do not sell the Software to you and we remain the owners of the Software at all times.
This Agreement governs the terms on which the Software is made available to you and its permitted use by you. By accessing, downloading, installing, copying or using (“Use” or “Using”) the Software in any way (whether as part of the creation of an Account (defined in section 5) and whether on any PlaySide or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this Agreement, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Agreement (in which case you and your parent(s) or legal guardian(s) must review the terms of this Agreement together). Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
Your continued use of the Software in any way signifies your acceptance of the terms of this Agreement.
We may immediately terminate this Agreement and block your access to the Software if we are not satisfied that such acceptance has been given by you or, if you are aged between 13 and 18, by your parent or legal guardian. In such circumstances we will not license the Software to you and you will not be permitted to Use the Software in any way whatsoever.
In addition to the terms of this Agreement, any and all uses of the Software are subject to our privacy policy located at [https://playsidestudios.com/privacy-policy] ("Privacy Policy") which is incorporated into this Agreement by reference. By agreeing to this Agreement, you agree to be legally bound by the Privacy Policy.
We reserve the right to add to or make changes to the terms of this Agreement at any time. We may change the terms of this Agreement to reflect changes in:
(a) the Applicable Law (defined in section 12.5);
(b) regulatory or security requirements;
(c) relevant guidance or codes of practice;
(d) technical specifications or requirements of the Software;
(e) our internal policies; or
(f) our users’ needs,
and for any other reason we deem appropriate.
Any change to the terms of this Agreement shall be effective immediately and your continued Use of the Software in any way (whether on any PlaySide or third-party platform) shall constitute on-going acceptance of the updated terms of this Agreement, as updated or varied from time to time.
We will endeavour to notify you of any changes to this Agreement but in Using the Software, you hereby undertake to regularly check for an updated version of this document at: [https://www.mousethegame.com/eula] for as long as you Use the Software.
Whilst this Agreement may be translated into languages other than English, the English language version of this Agreement is the primary and master version. Where this Agreement has been translated into a language other than English, the English language version shall always prevail if there is any difference between a term of the English language version and that of the translated version.
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Agreement, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to Use the Software, solely for your personal and non-commercial use (“Licence”). Accessing the Software for the purposes of analysing, decompiling, altering, adapting, varying, reverse engineering, copying, reproducing, or transmitting the Software or doing anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this Agreement.
1.2 When Using the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges according to your contract with your relevant internet provider which you are solely responsible for.
2 RESTRICTIONS
2.1 Except as expressly set out in this Agreement you acknowledge that you are solely responsible for complying with all applicable laws and you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
(a) in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software or where such actions cannot be prohibited by law;
(b) rent, sell, lease, sub-license, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
(c) reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
(e) exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
(f) remove or destroy any copyright notices or other proprietary markings contained in the Software; and
(g) bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
2.2 You must not use in connection with the Software any third-party software (including any game client which has not been developed by PlaySide or licensed under this Agreement) which undertakes or enables any of the restricted activities specified at section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Agreement is expressly prohibited. Any use of the Software in violation of the Agreement and its restrictions will be regarded both as a breach of the terms of this Agreement and/or as an infringement of our intellectual property rights in and to the Software (as detailed below).
3 INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
Intellectual Property
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software 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 PlaySide and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Agreement.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this Agreement.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
3.5 You understand and agree that PlaySide may use any feedback or information you provide in relation to the Software (“Feedback”) and you hereby grant PlaySide a perpetual, worldwide and irrevocable licence to use all such Feedback for any purpose without compensation to you, provided that PlaySide shall not publicly reference your name in connection with such usage. You represent and warrant that such Feedback will not include any proprietary or confidential information of you or any third party and that you have full authority to grant the foregoing licence.
User Content
3.6 “User Content” means any and all content that a user of the Software uploads, distributes, or otherwise provides via the Software. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
3.7 By uploading, distributing, or otherwise using your User Content with the Software, you automatically grant, and you represent and warrant that you have the right to grant, to PlaySide an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content via the Software.
3.8 You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy described in section 3.9. You must not state or imply that your User Content is in any way provided, sponsored or endorsed by PlaySide. PlaySide is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating your own backup copies of your User Content.
3.9 Under PlaySide’s “Acceptable Use Policy”, you agree not to use the Software to:
(a) upload, distribute, or otherwise use any User Content that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is tortious, trade libelous, defamatory, false, or intentionally misleading;
(iii) is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable;
(iv) is harmful to minors in any way;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
(vi) that violates any applicable law, regulations, or contractual obligations; or
(b) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(c) collect information or data regarding other users, including e-mail addresses, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
(d) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Software (e.g. a denial of service attack);
(e) attempt to gain unauthorized access to the Software or servers or networks connected to the Software (e.g. through password mining); or
(f) interfere with any other user’s use and enjoyment of the Software.
3.10 We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
3.11 PlaySide is not responsible for and does not control User Content from other Software users. PlaySide has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to, User Content. You use all User Content from other Software users and interact with other Software users at your own risk. Your interactions with other Software users are solely between you and such users and we are under no obligation to become involved. You agree that PlaySide will not be responsible for any liability incurred as the result of any such interactions.
4 CONFIDENTIALITY.
4.1 This section applies to you unless PlaySide has released the Software to the general public without any obligation of confidentiality.
4.2 The Software and all embodied concepts, accompanying documentation and materials, product features, test and evaluation results, benchmark results, target dates, and all other related information are proprietary and confidential information of PlaySide and its suppliers and are referred to herein as “Confidential Information”.
4.3 By accepting this Agreement, you agree:
(a) not to disclose or provide any Confidential Information to any third party or use the Confidential Information for any purpose other than providing feedback to PlaySide, unless otherwise approved by PlaySide;
(b) if provided with access to the Software, not to share the access with any third party; and
(c) to notify PlaySide in writing immediately if you have reason to believe that any person who has had access to the Confidential Information has violated or intends to violate the terms of this Agreement or otherwise disclose any of the Confidential Information in violation of the terms hereof.
4.4 Your obligations of confidentiality shall survive termination of this Agreement until the date PlaySide makes such information publicly available.
5 ACCOUNTS AND ANALYTICS
5.1 In order to access and use the Software (whether via a PlaySide platform or a third-party platform), you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address. Our Privacy Policy (defined above) explains how such information may be collected and used.
5.2 We are constantly striving to improve the products we develop and/or publish. To help us achieve this we sometimes collect data relating to how you play the game, including what actions you take or selections you make, how long you play for and the performance of the online connectivity of our games/systems when you connect, (including technical information about the device and connection you are using to access the games/systems). This data is handled in compliance with applicable data protection laws and regulations, is anonymised and/or aggregated, and only kept for a reasonable period for analysis. For more information about how we approach data privacy, please refer to our Privacy Policy which can be accessed at: [https://playsidestudios.com/privacy-policy]
6 THIRD PARTY SOFTWARE AND THIRD PARTY SERVICES
6.1 From time to time the Software may integrate with other third-party services or platforms.
6.2 The Software may use or include third-party software ("Third-Party Software"). We do not provide any warranties in relation to any Third-Party Software. Any such Third-Party Software are provided on an ‘as is’ basis.
6.3 PlaySide may permit certain third party applications (like leaderboards, game networks, ad networks, third-party analytic software, etc.) to take and/or provide content or any end user’s data through the Software (“Third Party Services”). The Software may be used to send content provided by the relevant Third Party Service between users who have that Third Party Service installed on their device. When you do so, PlaySide will share information with that Third Party Service as described in our Privacy Policy. PlaySide is not responsible for and does not control Third Party Services. PlaySide provides access to these Third Party Services only as a convenience to you. PlaySide has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. When you access a Third Party Service, the applicable third party’s terms and conditions apply, including the third party’s privacy policies. You should make yourself aware of the terms and conditions of the Third Party Service before engaging with or using them.
6.4 You acknowledge and agree that the availability of the Software may be dependent on the third party from which you received the Software (e.g. Steam store, Apple store or Google Play store) (“Third Party Supplier”). You acknowledge that this Agreement is between you and PlaySide and not with the relevant Third Party Supplier. The relevant Third Party Supplier is not responsible for the Software, its content, its maintenance, its support services, its warranties or addressing any claims in relation to the Software (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the relevant Third Party Supplier in connection with accessing the Software (if any). You agree to comply with, and your license to use the Software is conditioned upon your compliance with, all applicable third party terms of agreement (e.g. the relevant Third Party Supplier’s terms and conditions) when using the Software.
6.5 PlaySide is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify the relevant Third Party Supplier who may refund the purchase price to you. However, to the maximum extent permitted by applicable law, the relevant Third Party Supplier will have no other warranty obligation whatsoever with respect to the Software and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PlaySide’s sole responsibility.
6.6 PlaySide is responsible for addressing any claims of you or any third party relating to the Software or your Use of the Software, including:
(a) product liability claims;
(b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
This Agreement does not limit PlaySide’s liability beyond what is permitted by applicable law.
6.7 In the event of any third party claim that the Software infringes that third party’s intellectual property rights, PlaySide will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6.8 TO THE EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE PLAYSIDE (AND ITS SUPPLIERS) FROM ANY AND ALL CLAIMS, DEMANDS, AND RIGHTS OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, WHICH RELATES TO YOUR INTERACTIONS WITH, OR ACTS OR OMISSIONS OF, ANY THIRD PARTY SERVICE, OTHER SOFTWARE USERS, OR THIRD PARTY ADVERTISERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7 FEES AND PAYMENTS
7.1 You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the Software. All payments will be processed through the Third Party Supplier from which you originally downloaded the Software.
7.2 Some parts of the Software are billed on a subscription basis (“Subscriptions”). Subscriptions provides access to dynamic content or services from within the Software on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period specified in the Software (“Subscription Period”). Payment will be charged to your account with the Third Party Supplier at confirmation of purchase in accordance with the relevant Third Party Supplier’s rules.
7.3 Subscriptions usually renew unless auto-renew is turned off or cancelled by you at least 24-hours before the end of the current Subscription Period. Your account with the Third Party Supplier will usually be charged for renewal within 24-hours prior to the end of the current Subscription Period. Subscriptions may be managed by you using your account settings with the relevant Third Party Supplier.
7.4 PlaySide may revise the pricing for the goods and services offered to you through the Software at any time. You acknowledge that PlaySide is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when you close your account or when you stop using the Software.
8 DISCLAIMER OF WARRANTIES
8.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. PLAYSIDE 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.
8.2 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.
8.3 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.
9 EARLY STAGE VERSION
9.1 This section 9 only applies to the extent that the Software that we license to you on the terms of this Agreement is an early stage or pre-launch version of the Game (including but not limited to any “Beta” or “Early Access” versions of the Game) (“Early Stage Version”).
9.2 PlaySide does not guarantee that a commercial version of the Software will become generally available to the public, that target dates will be met, or that associated products will be released. If such a commercial version is released, PlaySide has no obligation to make the Software available for play without charge for any period of time.
9.3 By accepting this Agreement, you acknowledge and agree that:
(a) the Software is an early stage or pre-launch version and has not been fully tested and may contain errors and omissions;
(b) the Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. It is your responsibility to back up your system and take other measures to prevent any loss of files or data;
(c) when playing the Game using the Software, you may accumulate points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Software build, patch or update completes the testing phase; and
(d) PlaySide has no obligation to make the Software available at all.
10 LIMITATION OF LIABILITY AND INDEMNITY
10.1 To the maximum extent permissible by the Applicable Law (defined in section 12.5) and subject to section 10.3, PlaySide shall not be liable in any way for:
(a) any loss or damage of any kind arising out of your Use of the Software, including without limitation loss of data, computer failure or malfunction, or any and all other damages or losses;
(b) any loss or damage to your digital assets such as characters, virtual goods or currency in the Game, accounts or statistics;
(c) any interruptions of service, including without limitation ISP disruptions, software or hardware failures; or
(d) any other event which may result in a loss of data or disruption of service.
In no event will PlaySide be liable to you for any indirect, incidental, special, exemplary or consequential damages.
10.2 To the maximum extent permissible by the Applicable Law, our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) the actual amount paid by you to PlaySide during the 6 months prior to the date of the cause of action first arising.
10.3 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by the Applicable Law.
10.4 You agree to defend, indemnify and hold harmless PlaySide (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including legal fees) brought by third parties resulting from or relating to:
(a) your use of the Software;
(b) your User Content; or
(c) any breach of this Agreement by you.
PlaySide reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PlaySide and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PlaySide. PlaySide will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11 TERMINATION
11.1 We may terminate this Agreement and any user Account in the Game immediately if you commit a breach of this Agreement.
11.2 Upon termination for any reason:
(a) all rights granted to you under this Agreement shall immediately cease;
(b) you must immediately cease all activities authorised by this Agreement;
(c) you must immediately delete or remove the Software from all computer equipment in your possession;
(d) your access to and use of the Software will immediately cease and be terminated;
(e) you will not be entitled to any refund nor will any credits or in-game items (e.g. points in an online game) be credited to you or converted to cash or other form of reimbursement; and
(f) your User Content may be deleted from our databases.
11.3 PlaySide will not have any liability to you whatsoever for termination of this Agreement, including in respect of any deletion of your User Content.
12 GENERAL
12.1 Each of the warranties and conditions (or rights and obligations) of this Agreement operates separately.
12.2 If any provision, or part provision, of this Agreement, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Agreement will not be affected.
12.3 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may not transfer or assign your rights and obligations under this Agreement to a third party without PlaySide’s prior written consent.
12.4 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.5 This Agreement, its subject matter and its formation, are governed by the laws of Victoria, Australia (“Applicable Law”). You and we both agree that the courts of that state and any courts which may hear appeals from those courts will have exclusive jurisdiction in relation to any dispute connected with this Agreement or the Software.
12.6 Any notice provided to PlaySide pursuant to this Agreement should be sent to: support@playsidestudios.com.
12.7 This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Agreement shall co-exist with, and shall not supersede the Privacy Policy.
12.8 This Agreement is drafted in the English language and may be translated into other languages. The English language version of this Agreement shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
13 STEAM APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS
13.1 Steam store
The terms and conditions set out in this section 13 apply to you if you are using an App from the Steam store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this section 13, the more restrictive or conflicting terms and conditions in this section 13 apply, but solely with respect to Apps from the Steam store.
13.2 Acknowledgement
PlaySide and you acknowledge that this Agreement is concluded between PlaySide and you only, and not with Steam. PlaySide, not Steam, is solely responsible for the Software. To the extent this Agreement provides for usage rules for the Software that are less restrictive than the ‘Usage Rules’ set forth in, or otherwise is in conflict with, the Steam ‘Application Store Terms of Service’ (or similar), the more restrictive Steam term or the otherwise conflicting Steam clause applies.
13.3 Scope of License
The license granted to you for the Software is limited to a non-transferable license to use the Software on a personal device that you own or control and as permitted by the ‘Usage Rules’ set forth in Steam’s ‘Application Store Terms of Service’ (or similar).
13.4 Maintenance and Support
PlaySide is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this Agreement, or as required under applicable law. PlaySide and you acknowledge that Steam has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
13.5 Warranty
PlaySide is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under this Agreement. In the event of any failure of the Software to conform to any applicable warranty, you may notify Steam, and Steam may refund the purchase price of the Game to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEAM WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SOFTWARE, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PlaySide’s sole responsibility in accordance with the terms of this Agreement.
13.6 Product Claims
PlaySide and you acknowledge that PlaySide, not Steam, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PlaySide’s liability to you beyond what is permitted by applicable law.
13.7 Intellectual Property Rights
PlaySide and you acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, PlaySide, not Steam, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim in accordance with the terms of this Agreement.
13.8 Legal Compliance
YOU REPRESENT AND WARRANT THAT (I) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
13.9 Third Party Beneficiary
PlaySide and you acknowledge and agree that Steam, and Steam’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Steam will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.