TRAILMARK GAMES

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.

This End User License Agreement (“EULA”) governs your access to and use of any video game, application, software, downloadable content, updates, upgrades, patches, online features, and related services made available by Trailmark Games and/or its affiliates, licensors, publishing partners, or service providers, as applicable (collectively, the “Product”).

This EULA sets out the terms under which Trailmark Games makes the Product available to you (“User,” “you,” or “your”) and the terms under which you may use the Product. By installing, accessing, downloading, or using the Product, you agree to be bound by this EULA and any applicable privacy policy, terms of service, platform terms, community rules, or other terms presented to you in connection with the Product.

If you do not agree to this EULA, do not install, access, download, or use the Product.

Trailmark Games may update or modify this EULA from time to time as described below. Continued use of the Product after changes become effective constitutes your acceptance of the updated EULA.

1. Grant of License

Subject to your compliance with this EULA, Trailmark Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal, and non-commercial license to install and use the Product for your own personal entertainment purposes.

The Product is licensed to you, not sold. This EULA does not transfer any ownership rights in the Product to you.

Updates, upgrades, patches, or other modifications may be required in order to continue using the Product, including online or network-connected features. Certain features may require an internet connection, a platform account, third-party account, subscription, or acceptance of additional terms.

2. License Restrictions

You may not, directly or indirectly:

1. sell, rent, lease, license, sublicense, distribute, publish, copy, reproduce, or commercially exploit the Product or any portion of it, except as expressly permitted by Trailmark Games;
2. reverse engineer, decompile, disassemble, modify, adapt, translate, or create derivative works based on the Product, except to the limited extent such activity is expressly permitted by applicable law;
3. remove, alter, disable, or circumvent any copyright, trademark, proprietary notice, digital rights management, security, authentication, or anti-cheat technology included in or used by the Product;
4. create, use, distribute, or promote cheats, hacks, bots, trainers, scripts, macros, exploits, automation tools, unauthorized mods, or other software or methods that alter the intended operation of the Product;
5. use the Product for commercial purposes without Trailmark Games’ prior written permission;
6. interfere with, disrupt, damage, overburden, or gain unauthorized access to the Product, related servers, accounts, networks, systems, or services;
7. use the Product in violation of any applicable law, regulation, platform rule, or third-party agreement;
8. export, re-export, download, or otherwise transfer the Product in violation of applicable export control laws or sanctions regulations.
9. Ownership

All rights, title, and interest in and to the Product, including all software, code, artwork, graphics, music, sounds, characters, names, dialogue, storylines, settings, gameplay elements, animations, audiovisual materials, trademarks, logos, and other content, are owned by Trailmark Games, its licensors, publishing partners, or other rights holders.

The Product is protected by copyright, trademark, and other intellectual property laws and treaties. Except for the limited license expressly granted to you under this EULA, all rights are reserved by Trailmark Games and its licensors.

Nothing in this EULA gives you ownership of the Product or any part of it.

4. User Conduct

You agree to use the Product in a lawful, respectful, and appropriate manner. You may not use the Product to create, upload, transmit, display, distribute, or promote content or behavior that:

1. infringes or violates the rights of Trailmark Games, its licensors, other users, or any third party;
2. is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, hateful, discriminatory, or otherwise objectionable;
3. promotes violence, exploitation, self-harm, criminal activity, or other dangerous conduct;
4. invades another person’s privacy or discloses personal information without permission;
5. impersonates another person, company, platform, public figure, Trailmark Games employee, representative, or partner;
6. disrupts the normal flow of gameplay, chat, community features, support services, or online functionality;
7. involves spam, scams, phishing, fraudulent activity, or misleading claims;
8. misuses reporting, support, appeal, or complaint systems.

Trailmark Games may take action against users who violate this EULA, applicable community rules, platform policies, or other applicable terms. Such action may include warnings, content removal, temporary suspension, permanent account or access restrictions, or other enforcement measures.

5. Online Features, Third-Party Services, and Platform Terms

The Product may include online features, multiplayer features, leaderboards, downloadable content, cloud saves, achievements, user-generated content tools, social features, advertisements, analytics, or other network-connected functionality.

Use of these features may require access to third-party services, platform accounts, internet connections, or additional software. You are responsible for any fees, data charges, subscriptions, or other costs associated with your use of such services.

The Product may also be subject to additional terms from platform providers, storefronts, console manufacturers, network operators, payment processors, or other third-party service providers. You are responsible for reviewing and complying with those terms.

Trailmark Games is not responsible for the availability, performance, security, pricing, terms, or policies of third-party services.

6. Digital Rights Management, Security, and Anti-Cheat

The Product may include digital rights management, authentication, security, anti-cheat, or anti-tamper technologies designed to protect the Product, verify ownership, preserve fair play, or prevent unauthorized access or use.

These technologies may require an internet connection and may collect or transmit certain technical information, such as device identifiers, account identifiers, system information, crash data, gameplay data, or information related to suspected cheating, tampering, or unauthorized software.

Use of the Product constitutes your consent to the operation of these technologies, to the extent permitted by applicable law. If unauthorized software, cheating, tampering, or other prohibited conduct is detected, Trailmark Games may restrict or terminate your access to the Product or related services.

7. Privacy and Data

Trailmark Games may collect, use, store, and process information in connection with your use of the Product, including account information, device information, gameplay data, crash reports, support requests, purchase information, online interactions, analytics data, and other information described in the applicable privacy policy.

Trailmark Games’ collection and use of personal information is governed by its applicable privacy policy. By using the Product, you acknowledge that Trailmark Games may process information as described in that policy.

Where the Product uses third-party analytics, advertising, platform, crash-reporting, multiplayer, cloud, or payment services, those third parties may collect or process information according to their own terms and privacy policies.

8. User-Generated Content

The Product may allow you to create, upload, share, submit, publish, or otherwise make available content, including text, images, gameplay creations, names, designs, messages, profiles, or other materials (“User Content”).

You are solely responsible for your User Content and represent that you have all rights necessary to create, share, or submit it.

By submitting or making User Content available through the Product, you grant Trailmark Games a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, display, distribute, publish, transmit, and otherwise exploit such User Content for purposes related to operating, improving, promoting, supporting, and providing the Product and related services.

Trailmark Games may remove, restrict, disable, or moderate User Content at its discretion, including where it believes the User Content violates this EULA, applicable community rules, platform policies, or law.

9. Physical Media Limited Warranty

If you purchased the Product on physical media, such as a disc, cartridge, or other storage medium, Trailmark Games warrants that the physical media will be free from defects in materials and workmanship for ninety (90) days from the date of purchase, unless a different period is required by applicable law.

If the physical media is defective during the warranty period, Trailmark Games may, at its discretion and where commercially reasonable:

1. replace the defective media;
   b. provide a substitute product of equal or greater value; or
   c. refund the purchase price upon proof of purchase.

This limited warranty applies only to the physical media and not to normal wear and tear, misuse, damage, loss, or issues caused by hardware, software, network conditions, or third-party services.

To request warranty support, contact Trailmark Games customer support and provide proof of purchase, a description of the issue, and any requested information.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TRAILMARK GAMES, ITS AFFILIATES, LICENSORS, PUBLISHING PARTNERS, PLATFORM PARTNERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

TRAILMARK GAMES DOES NOT WARRANT THAT THE PRODUCT WILL BE AVAILABLE, SECURE, ERROR-FREE, FREE OF VIRUSES OR HARMFUL COMPONENTS, COMPATIBLE WITH ALL DEVICES OR SYSTEMS, OR THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAILMARK GAMES, ITS AFFILIATES, LICENSORS, PUBLISHING PARTNERS, PLATFORM PARTNERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE, OR LOSS OF ACCESS, ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS EULA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAILMARK GAMES’ TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS EULA WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

Nothing in this EULA limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where such limitations are prohibited.

12. Indemnification

You agree to defend, indemnify, and hold harmless Trailmark Games, its affiliates, licensors, publishing partners, platform partners, service providers, officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. your use or misuse of the Product;
   b. your violation of this EULA;
   c. your violation of any law or third-party right;
   d. your User Content; or
   e. your cheating, fraud, misconduct, or unauthorized activity.

Trailmark Games reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Trailmark Games’ defense of such claims.

13. Termination

This EULA is effective when you first purchase, download, install, access, or use the Product and remains in effect until terminated.

You may terminate this EULA at any time by ceasing use of the Product and uninstalling or deleting all copies in your possession or control.

Trailmark Games may terminate this EULA or suspend, restrict, or terminate your access to the Product or related services if:

1. you violate this EULA or applicable community rules;
   b. your use of the Product creates risk or potential legal exposure;
   c. Trailmark Games discontinues support for the Product or related services;
   d. required third-party services, platforms, or licenses are no longer available; or
   e. termination is otherwise reasonably necessary to protect Trailmark Games, its partners, users, or the Product.

Upon termination, the license granted to you ends immediately, and you must stop using the Product and delete or destroy all copies in your possession or control.

Sections relating to ownership, license restrictions, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive termination will survive termination.

14. Changes to This EULA or the Product

Trailmark Games may revise, update, modify, add, or remove terms from this EULA from time to time for legal, regulatory, security, operational, business, or other reasons.

Trailmark Games may also update, patch, modify, suspend, discontinue, or remove features from the Product at any time. Updates may be installed automatically depending on your device, platform, or settings.

If you do not agree to changes to this EULA, your sole remedy is to stop using the Product and uninstall it. Continued use of the Product after updated terms become effective constitutes your acceptance of the updated EULA.

Trailmark Games is not obligated to support prior versions of the Product after an update becomes available.

15. Export Controls

You must comply with all applicable export, import, sanctions, and trade control laws and regulations.

You may not use, export, re-export, download, or transfer the Product in violation of such laws, including to any country, person, entity, or end user subject to applicable embargoes, sanctions, or restrictions.

You represent and warrant that you are not located in, under the control of, or a resident or national of any country or territory subject to applicable trade sanctions, and that you are not listed on any applicable restricted-party list.

16. Governing Law and Dispute Resolution

This EULA and any dispute, claim, or controversy arising out of or relating to this EULA or the Product will be governed by the laws of the State of Minnesota and the laws of the United States, without regard to conflict-of-law principles, unless otherwise required by applicable law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

To the extent permitted by applicable law, any legal action or proceeding arising out of or related to this EULA or the Product shall be brought in the state or federal courts located in Minnesota, and you consent to the personal jurisdiction and venue of such courts.

Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction where necessary to protect intellectual property rights, confidential information, security, or the integrity of the Product.

17. Severability

If any provision of this EULA is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions will remain in full force and effect.

18. No Waiver

Trailmark Games’ failure or delay in enforcing any provision of this EULA does not constitute a waiver of its rights. Any waiver must be in writing and signed by Trailmark Games to be effective.

19. Assignment

You may not assign, transfer, or sublicense this EULA or any rights or obligations under it without Trailmark Games’ prior written consent.

Trailmark Games may assign or transfer this EULA, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, licensing arrangement, or transfer of the Product or related business.

20. Entire Agreement

This EULA, together with any applicable privacy policy, community rules, platform terms, product-specific terms, and additional terms presented to you, constitutes the entire agreement between you and Trailmark Games regarding the Product and supersedes any prior or contemporaneous agreements regarding the same subject matter.

21. Contact

For questions about this EULA, support requests, or legal notices, please contact Trailmark Games at:

Trailmark Games
Support: [Insert support email or support URL]
Legal: [Insert legal email or mailing address]

THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.