End User License Agreement
Last Updated: January 10, 2021

Please read this End User License Agreement (“ EULA”) carefully because it explains your rights and obligations related to your use of Unheard from the Steam platform (“ Steam”), including any documentation, software, updates, Virtual Goods and Content (each, as defined below) (collectively, the “ App/Game”). This EULA is between you and Anivale Apps and Games ( “we, ”  Virtual Goods”). Depending on the item, you may also be able to obtain Virtual Goods and Game Currency without purchase, such as through an event or in-game award. When you purchase Game Currency, Virtual Goods, or the Game itself (each, a “ Transaction”), your purchase will be made through the functionality available through Steam. You should make sure you fully understand the Steam Agreement(s) as they relate to Transactions prior to making a Transaction.

(b)                Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and subject to your compliance with this EULA and the Steam Agreement(s), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game.  Subject to applicable law, all Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable or refundable for any “real world” money or anything of monetary value, and we may revoke your license to such Virtual Goods and/or Game Currency at any time consistent with this EULA with no liability to you.

6.                   Feedback

We welcome your feedback, comments and suggestions for improvements to the Game (“ Feedback”). You can submit Feedback by emailing us at [shrinidhi@anivalegames.com] or through the functionality of the Game, where applicable. If you provide us with any Feedback, you hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that we are not required to make any use of any Feedback that you provide, and if we do, that we are not required to credit or compensate you for your contribution. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

7.                   Ownership/Third Party Licenses

We and our affiliates and licensors own all title, ownership rights, and intellectual property rights in the Game, including all Content. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Game. No license or other rights will be created hereunder by implication or estoppel.

The Game may contain software that are subject to “open source” licenses at the Appendix (the “ Open Source Software“). Where we use such Open Source Software, please note that there may be provisions in the Open Source Software’s license that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict.

8.                   Links to Third Party Websites or Resources

The Game may contain links to third-party websites or resources. We provide these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

9.                   Warranty Disclaimers

THE GAME IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE TENCENT PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Tencent Parties make no warranty that the Game will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Tencent Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Game.

10.               Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE TENCENT PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE GAME, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE  GAME, EVEN IN THE EVENT OF ONE OF A TENCENT PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT TENCENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TENCENT PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE GAME WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY  FOR THE SPECIFIC GAME IN QUESTION IF THE ALLEGED LIABILITY CONCERNS ONLY A SPECIFIC GAME; OR (B) FIFTY DOLLARS ($50 USD) IF YOU HAD NOT HAD ANY SUCH PAYMENT OBLIGATIONS. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Game.

11.               Indemnity

You agree to indemnify, pay the defense costs of, and hold the Tencent Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with (a) any claim that, if true, would constitute a breach by you of this EULA or (b) your access to or use of the Game. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 11.

12.               Game Termination

We may terminate your access to and use of any Game, including, without limitation, all Content, with no liability to you in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this EULA (including the Steam Agreement(s) and our other policies specified in this EULA); or (c) Steam terminates your Steam Account. You may also terminate this EULA by deleting and uninstalling the Game on any and all of your devices or by deleting your Steam Account. Upon any termination of this EULA, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License or this EULA, and you must destroy or otherwise permanently delete all copies of the Game in your possession.

Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.

The following sections will survive termination of this EULA: 4(c), 6, 7, 8, 9, 10, 11, 13 through 17, and this sentence of Section 12.

13.               Governing Law and Jurisdiction

You agree that any action related to this EULA will be resolved in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.

14.               Dispute Resolution

(a)                Dispute Resolution. Any Dispute arising with respect to this EULA, the Game, or any related service will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force at the time of delivery of the arbitration notice.

(b)                Arbitration Rules. The arbitration will be conducted in accordance with Hong Kong law with the seat of the arbitration in Hong Kong and the language of the proceedings will be in English. The number of arbitrators will be three (3), with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the HKIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the HKIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the HKIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.

(c)                 Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.

(d)                Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief. The parties hereby expressly agree that Sections 5, 6 and 7 of Schedule 2 to the Arbitration Ordinance (Chapter 609 of the Laws of Hong Kong) are to apply.

15.               No Assignment

You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

16.               Miscellaneous

(a)                Entire Agreement. This EULA and any other document or information referred to in this EULA constitute the entire and exclusive understanding between you and us regarding the Game and supersede any and all prior oral or written understandings or agreements between you and us regarding the Game.

(b)                Language. The original language of this EULA is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this EULA written or construed in any other language.

(c)                 Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of this EULA will remain in full force and effect.

(d)                No Waiver. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.

(e)                Third Party Rights. A person who is not a party to this EULA will have no right under to enforce any of its terms.

17.               Contact Information

If you have any questions about this EULA or the Game, please contact us at [shrinidhi@anivalegames.com].

Appendix:

1.         Steamworks.NET  [https://github.com/rlabrecque/Steamworks.NET]

The above software is subject to the MIT License (the “License”); you may not use the software except in compliance with the License. The software in this distribution may have been modified by Tencent (“Tencent Modifications”). All Tencent Modifications are Copyright © 2018 ANIVALE PVT LIMITED and are made available subject to the Tencentend useragreement to which this attachment is attached.

The MIT License

Copyright (c) 2013-2018 Riley Labrecque

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.