Last revised: Aug 28, 2025 CRITICAL PATH GAMES LTD.

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS HEREIN, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE, OR INTERACT WITH ANY OF THE ONLINE SERVICES.

BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, THE ONLINE SERVICES AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA WITH CRITICAL PATH GAMES LTD. (“CRITICAL PATH”, “WE”, “OUR” OR “US”).

Definitions

For purposes of this EULA, capitalized terms shall have the meanings set forth below.

“Assets” means all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights associated with the Game and the Online Services;
"Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and Critical Path concerning the Game, or Online Services, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law;
"Game” means the video game software, content, and services currently titled “Project: Echo”;
“Game Platform” means a gaming platform, computer, or system on which the Game is permitted to be launched or playable and which connects to Online Services (e.g., computer, mobile device, or gaming console);
“Game Store" means any software store that sells digital copies of the Game to end consumers;
“Minor” is defined in Section 6;
"Online Services” means any software, service, or content Critical Path provides or makes available online;
“Privacy Policy” is the policy referred to in Section 14.3;
"Special Features” is defined in Section 7.2;
“Streaming” means any non-personal or public display, demonstrate, present, or broadcast of the Game on online video or streaming websites, including, without limitation, youtube.com and twitch.com, and social media, such as tweeting a GIF;
“Submissions” means unsolicited ideas, including ideas for new content, creative artwork, advertising, promotions, products, names, processes, or other works;
“Third Party Account” means a valid and active user account for a third-party service, such as a third-party gaming platform or social network account; and
“User Account” means a Game-specific user account with Critical Path and associated credentials such as username and password.
“Virtual Goods” is defined in Section 9.1;

Licenses
1. Subject to your compliance with the terms and conditions of this EULA, Critical Path hereby grants you a nonexclusive, non-transferable, limited, and revocable license to install and use a copy of the Game for your personal entertainment for gameplay on compatible devices with each Game Platform. Your license rights are subject to your full and uninterrupted compliance with this EULA. The term of the license under this EULA commences on the date that you install or otherwise use the Game and ends upon the earlier date of (i) your uninstalling of the Game; or (ii) termination by Critical Path (for more information, see below).
2. The Game is licensed, not sold, to you. You hereby acknowledge that no title or ownership in the Game is being transferred or assigned, and this EULA does not represent a sale of any individual rights in the Game to you. Critical Path retains all right, title, and interest to the Game, including, but not limited to the Assets. The Game is protected by U.S., Canadian, and international copyright and trademark law and applicable laws and treaties throughout the world. The Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Critical Path. Any persons copying, reproducing, or distributing all or any portion of the Game in any manner or medium, will be willfully violating copyright laws and may be subject to civil and criminal penalties. The Game may contain certain licensed materials, for which other licensors may also assert their rights against you in the event of any violation of this EULA. All rights not expressly granted under this EULA are reserved by Critical Path and, as applicable, its licensors.
3. Subject to your compliance with the terms and conditions of this EULA, Critical Path grants you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable, revocable license to access and use the Online Services pursuant to the terms herein. Such license is subject to this EULA, including the following: (1) you may only access and use the Online Services for your own personal and non-commercial use; (2) you may download and store material intentionally made available for downloading for your personal, non-commercial use only, provided that you preserve and protect all intellectual property rights and notices associated with such materials; (3) you may not modify or otherwise make derivative works or uses of any part of the Online Services; (4) you may not remove or modify any copyright, trademark, or other proprietary notices in the Online Services; (5) you may not use any data mining, robots, scrapers or similar data gathering or extraction methods; (6) you may not use the Online Services other than for their intended purpose; (7) you may not reproduce, prepare derivative works from, distribute or display the Online Services, except as expressly permitted herein; and (8) you must not violate any applicable code of conduct.
4. Except as expressly permitted in this EULA, any use of any portion of the Online Services without the prior written permission of Critical Path is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including copyright and trademark laws, applicable communications regulations and statutes, and the like. Unless explicitly stated herein, nothing in this EULA may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited licenses provided by Critical Path are revocable at any time, for any reason.
5. You represent and warrant that your use of the Online Services: will be consistent with this EULA and any referenced policies, will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, and will not otherwise violate any applicable law. You expressly agree to indemnify Critical Path against any liability to any party arising out of your use of the Online Services.
6. Subject to full compliance with this EULA, Critical Path may offer to provide Online Services through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or smart phones, in-game applications and various software platforms, including third-party hosts. Critical Path may change, suspend or discontinue any or all of the Online Services for any reason and at any time, including the availability of any feature or content. Critical Path may also impose limits on certain features and services or restrict access to parts or all of the Online Services without notice or liability.
Trademarks & Copyright Information

The Game, the Online Services, as well as all content, software, and materials relating thereto, are the property of Critical Path or its licensor(s), and are protected by local and international copyright, trademark, and other intellectual property rights.

User Submissions

Critical Path does not accept or consider Submissions. Do not send Critical Path any Submissions in any form, as this will help prevent potential misunderstandings or disputes if Critical Path’s efforts seem similar to Submissions. Consistent with this policy, (1) Submissions shall become the property of Critical Path, without any compensation to you; (2) Critical Path may use and exploit Submissions for any purpose and in any way; and (3) Critical Path shall have no obligation to review Submissions or keep any Submissions confidential.

License Conditions

In relation to the Game, the Online Services, and the Game Platform you agree not to:
1. Commercially exploit the Game or any Assets;
2. Distribute, lease, license, sell, rent, or otherwise transfer or assign the Game, or any copies of the Game, without the express prior written consent of Critical Path or as expressly set forth in this EULA;
3. Copy the Game or any part thereof (other than as set forth herein);
4. Make any copy of the Game available on a network for use or download by multiple users;
5. Except as otherwise specifically authorized under this EULA, use or install the Game (or permit others to do the same) on a network, for online use, or on a computer or gaming device that is not an authorized Game Platform;
6. Copy the Game without authorization onto a hard drive or other storage device;
7. Reverse engineer, decompile, disassemble, display, perform, prepare derivate works based on, or otherwise modify the Game, in whole or in part;
8. Remove or modify any proprietary notices, marks, or labels contained on or within the Game;
9. Restrict or inhibit any other authorized user from using and enjoying any online features of the Game;
10. Cheat or utilize any unauthorized code, robot, spider, or other program in connection with the Game; and
11. export, or re-export (directly or indirectly) into any country forbidden to receive the Game by any Canadian export laws or regulations, or otherwise violate any laws or regulations or the laws of the country in which the Game was obtained, which may be amended from time to time. Licensee may not use the Game, software or any data related to the Game for any illegal purpose.
The following rules, policies, and disclaimers govern your use of the Online Services. You agree that you will only use the Online Services for lawful purposes and for your own personal, non-commercial use and will not:
1. restrict or inhibit any other user from using and enjoying the Online Services (e.g., by means of running programs against Critical Path’s websites; reverse engineering any software; harassment, hacking or defacement, etc.);
2. use the Online Services to create, upload, or post (as determined in our sole discretion) any material that is knowingly or reasonably likely to be viewed as false or defamatory, inaccurate, abusive, vulgar, obscene, offensive (whether in relation to sex, race, religion or otherwise), profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, illegal or otherwise inconsistent with community standards;
3. use language or a username that is obscene, indecent, offensive, abusive, objectionable or otherwise inappropriate;
4. post, upload, or create any material or information using the Online Services unless you own or otherwise have the rights to do so and permit our use of the material or information in accordance with this EULA;
5. post, upload, or transmit any harmful information or software containing any disruptive, or deleterious component;
6. post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights;
7. impersonate any other individual or entity in connection with your use of the Online Services;
8. sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted; or
9. encourage or facilitate others to do any of the above.
10. Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are also inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms). All determinations on such matters will be made by Critical Path and its licensors, with sole discretion.

You hereby represent and warrant that you are NOT a Minor. The Game is available only to individuals who have reached the legal age of majority in their jurisdiction of residence, and who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representation and warranties set forth in this EULA, and to abide by and comply with this EULA. The Game may not be used by an individual who has not yet reached the legal age of majority in their jurisdiction (a “Minor”) If you permit a Minor to use your account to access and use the Game, you are in breach of this EULA, and you understand and agree that you will be responsible for all use of your account by that Minor regardless of whether you authorized that use.

Evaluation/Trial License & Access To Special Features
1. Notwithstanding any other provisions of this EULA, if you have downloaded or are using any evaluation, trial or beta version of the Game, you agree that the following provisions apply and prevail over any other provisions that conflict direct or indirectly with any other provision of this EULA:
  1. You are granted a limited, royalty-free, non-exclusive, non-assignable and non-transferable ability to access and use the online services, software and online access to the Game together with accompanying documentation for your personal use;
  2. You are not permitted to engage or permit others to engage directly or indirectly in any Streaming in relation to the Game. In addition to any other rights or remedies that Critical Path may have for your violation of this Section 7.1.2, YOU WILL INDEMNIFY AND HOLD HARMLESS CRITICAL PATH AND ITS AGENTS WITH RESPECT TO ANY CLAIM OR DAMAGES TO CRITICAL PATH, ITS PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING FROM YOUR STREAMING;
  3. Critical Path may cease providing or making the evaluation, trial or beta version of the Game available to you (or generally) at any time at its sole discretion, and this Agreement and all rights granted hereunder expire without any further notice on the date that Critical Path ceases providing or making the Game available to you (or generally). Critical Path may, but is not obligated to provide notice to you of the termination of such Game. You may elect to stop using the Game at any time without notice.
  4. Critical Path may, but is under no obligation to, provide a version of the Game to you under different terms and conditions, including payment, if you wish to access and use a production, updated, or non-evaluation version of the Game. You will be required to agree to different terms and conditions to use and access a production, updated or non-evaluation version of the Game (unless Critical Path determines in writing otherwise).
  5. Critical Path may, but is not obligated, provide limited support, maintenance, or training for Game, in Critical Path’s absolute discretion, and may (but again is not obligated to) add or make available additional features, functions, fixes, updates, upgrades or versions of the Game.
  6. THE GAME IS PROVIDED ‘AS IS’, AND CRITICAL PATH HEREBY DISCLAIMS AND YOU HEREBY WAIVE, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS CONCERNING THE GAME, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CRITICAL PATH BE LIABLE FOR ANY DIRECT DAMAGES, LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE, THE GAME EVEN IF CRITICAL PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Game download, redemption of a unique serial code, registration of the Game, membership in a third-party service and/or membership in the Online Services may be required to activate the Game, access digital copies of the Game, or access certain un-lockable, downloadable, online, or other special content, services, and/or functions (collectively, “Special Features”). Access to Special Features is limited to a single User Account per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, converted into convertible virtual currency, or re-registered by another user unless otherwise expressly specified.
Technical Protections & Security Review
1. The Game may include measures to control access to the Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Such measures may include incorporating license management, product activation, and other security technology in the Game, and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, unauthorized third-party programs that interact with the Game, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Game, or any portions or components thereof, including any violations of this EULA. Critical Path reserves the right to monitor use of the Game and Online Services as Critical Path deems appropriate. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Game or Online Services may not function properly and we may immediately terminate this EULA and all your rights hereunder (and seek other remedies). If the Game permits access to Special Features, only one copy of the Game may be used to access those Special Features at one time. Additional terms and registration may be required to access Online Services and to download Game updates and patches. Only a Game that has a valid lawful license can be used to access Online Services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Critical Path may limit, suspend, or terminate the license granted hereunder and access to the Game, including, but not limited to, any related services and products, at any time, in any manner, and in Critical Path’s sole discretion.
2. We reserve the right to conduct a security review at any time to validate your identity and age for potential breach of this EULA and of applicable law. You hereby authorize us and our agents to make any inquiries of you, and to use and disclose to any third party any information, we consider necessary to validate the information you have provided or are required to provide to us under this EULA. To assist in these security reviews, you agree to provide such information or documentation as we may request from time to time in our sole discretion. If, after conducting a security review, we determine in our sole discretion that you have not complied with this EULA, or that you have not provided timely satisfactory responses to inquiries made in the security review, we may terminate or suspend your access to the Game.
Virtual Goods
1. The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
2. You may “earn” Virtual Goods within the Game or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
3. Virtual Goods (such as virtual currency) purchased on third party platforms such as the Apple App Store, Google Play Store, Microsoft Xbox Store, Sony Playstation Store, Epic Games Store, or Steam Store will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your purchase. Critical Path does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and Critical Path is not a party to the transaction.
4. Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
5. Critical Path has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and Critical Path shall have no liability to you or anyone else for these actions.
6. Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, or otherwise permitted in the gameplay.
7. All purchases of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Critical Path at any time.
8. Critical Path reserves the right to modify the price for Virtual Goods that may be “purchased” at any time and the retail price for Virtual Goods does not need to be linear.
9. Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
10. You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in this EULA.
Changes to This EULA

We may revise this EULA at any time and from time to time. We will provide notice of any changes by presenting a revised EULA for your review when you first access the Game after the EULA changes. We may provide other such notice as we may choose in our sole discretion. Your continued use of the Game following notice of changes to this EULA will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Game and terminate this Agreement.

Changes to Game

Critical Path may find it necessary to make updates or reset certain parameters to balance game play and usage of the game and Online Services. These updates or “resets” may cause you setbacks within the game and may affect characters, games, groups or other entitlements under your control, and you may lose access to any Virtual Goods you may have “earned” or “purchased”. Critical Path reserves the right to make these updates and is not liable to you for these changes. If any change is not acceptable to you, your only recourse is to stop using the Game and terminate this Agreement.

Internet Connection

The Game may require an internet connection to use and may not be played without an internet connection or it may not have full functionality without an internet connection. User experiences will vary depending on your internet connection and provider.

User Accounts

In order to use the Online Services, the Game or features of the Game, you may be required to have and maintain a Third-Party Account, or an account with Critical Path, as set forth in the Game documentation. Third party services are not under Critical Path’s control, and you acknowledge and agree that in each case the third party’s terms will govern your agreement and interactions with the third party, with respect to any Third-Party Account you acquire. If you do not maintain such accounts, then certain features of the Game may not operate or may cease to function properly, either in whole or in part. The Game may also require you to create a User Account in order to access the Game and its functionality and features. Your User Account login may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and utilize the Game.

Game Store Terms
1. This EULA and the provision of the Game through any Game Store are subject to the additional terms and conditions set forth in or required by the applicable Game Store and, where applicable and consistent with Critical Path’s intent, such applicable terms and conditions are incorporated herein by this reference. Critical Path is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Game or through a Game Store. All such transactions are administered by the Game Store, not Critical Path. Critical Path expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is through such Game Store, not Critical Path.
2. This EULA is solely between you and Critical Path. You acknowledge that a Game Store may not have an obligation to furnish any maintenance or support services to you in connection with the Game. Except for the foregoing, to the maximum extent permitted by applicable law, any Game Store shall have no other warranty obligation whatsoever with respect to the Game. Any claim in connection with the Game (e.g., related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement) are governed by this EULA. You must comply with the Game Store terms of service and any other Game Store applicable rules or policies. The license to the Game is a non-transferable license to use the Game only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. The Game Store may be a third-party beneficiary to this EULA and may also enforce this EULA, as necessary.
3. You may be asked to supply certain information including credit card or other payment information. You represent and warrant that all information that you provide is current and provided knowingly, lawfully, accurately, completely, with the authority necessary to use such payment method in connection with your purchases hereunder. You agree to pay all charges associated with purchases made under your User Account at the prices in effect when such charges, fees or taxes are incurred. Please review Critical Path’s Privacy Policy before submitting such information. In the event of any charge disputes, please contact Critical Path here: [email protected].
Personal Information

Personal information may be collected during your installation and use of the Game. Critical Path’s Privacy Policy sets out how Critical Path collects and uses any of your personal information that may be collected by Critical Path.

Limited Warranty
1. CRITICAL PATH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD-PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY CRITICAL PATH OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND AS A RESULT, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
2. CRITICAL PATH MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY OTHER WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND SHALL BE BINDING ON CRITICAL PATH. CRITICAL PATH DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. CERTAIN STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS OF WARRANTY PROVIDED IN THIS EULA ARE FAIR AND REASONABLE.
3. THE ONLINE SERVICES ARE PROVIDED BY CRITICAL PATH ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE USING THE ONLINE SERVICES AT YOUR SOLE RISK. CRITICAL PATH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND—AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES—INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING (1) THE PERFORMANCE OR AVAILABILITY OF THE ONLINE SERVICES; (2) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE ONLINE SERVICES; (3) THE CONTENT OR SERVICES AVAILABLE ON CRITICAL PATH’S WEBSITE, IN THE ONLINE SERVICES, OR THROUGH ANY LINKS TO THIRD PARTY WEBSITES; (4) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE ONLINE SERVICES; AND (5) SATISFACTION OR DISSATISFACTION OF ANY KIND.
4. If a defect in the Game is discovered, Critical Path may, in its sole discretion, replace or repair the Game as and when it determines to do so.
Indemnity
1. You agree to indemnify and hold Critical Path, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions when accessing or using the Game or Online Services, including Streaming, pursuant to the terms of this EULA.
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRITICAL PATH BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME OR ONLINE SERVICES, OR FOR ANY DAMAGES TO PROPERTY, LOSS OF GOODWILL OR ENJOYMENT, COMPUTER FAILURE OR MALFUNCTION, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST DATA, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA, THE GAME AND THE ONLINE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT CRITICAL PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRITICAL PATH’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE LESSER OF: (1) THE ACTUAL PRICE PAID BY YOU IN RELATION TO THE GAME IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $100.
3. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER EQUIPMENT AND INTERNET CONNECTIONS REQUIRED TO ACCESS AND USE THE GAME, AT YOUR SOLE EXPENSE. WE DO NOT GUARANTEE THAT THE GAME WILL NOT CONFLICT WITH OTHER PROGRAMS ON YOUR COMPUTER, AND WE WILL NOT BE RESPONSIBLE FOR THE WORKINGS OR FAILURES OF YOUR COMPUTER EQUIPMENT, NETWORK, SOFTWARE OR INTERNET ACCESS. THE PERFORMANCE AND PROPER FUNCTIONING OF THE GAME MAY BE REDUCED OR PREVENTED IF YOU ARE SIMULTANEOUSLY USING OTHER SOFTWARE, AND WE RECOMMEND THAT YOU TURN OFF ANY SUCH PROGRAMS WHEN USING THE GAME.
4. WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR USE OF THE GAME, ONLINE SERVICES AND RELATED SERVICES AND PRODUCTS.
5. WITHOUT LIMITATION OF THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, DISSATISFACTION, ERROR OR INTERRUPTION IN THE ONLINE SERVICES SHALL BE TO REQUEST THAT CRITICAL PATH CORRECT THE ERROR OR DEFECT, AND IF CRITICAL PATH FAILS TO DO SO, TO DISCONTINUE USE OF THE GAME OR ONLINE SERVICES.
Termination
1. This EULA is effective until terminated by you or by Critical Path. This EULA automatically terminates if Critical Path determines or believes your use of the Game is unauthorized, inconsistent with the terms of this EULA, or otherwise fails to comply with terms and conditions stated herein. You may terminate this EULA by (i) requesting that Critical Path terminate and delete your User Account by emailing: [email protected]; and (ii) destroying and/or deleting all copies of the Game in your possession, custody, or control. Deleting the Game from your Game Platform will not delete the information associated with your User Account and, if you reinstall the Game using the same User Account, you may or may not still have access to your prior User Account information. If this EULA terminates due to your violation of this EULA, Critical Path may prohibit you from re-registering or re-accessing the Game. Upon any termination of this EULA, you must permanently remove and/or destroy all copies of the Game, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any device, computer, and Game Platform on which it has been installed. Upon termination of this EULA, your rights to use the Game will terminate immediately, and you must cease all use of the Game. The termination of this EULA will not affect Critical Path’s rights or your obligations to Critical Path arising under this EULA.
2. Critical Path may terminate or suspend your access to any and all Online Services and any registered account immediately, without prior notice or liability, for any reason. Upon termination of your account, your right to use the Online Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Online Services or email Critical Path at: [email protected].
3. All provisions of this EULA which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and the like.
Equitable Remedies

You hereby agree that if the terms of this EULA are not specifically performed by you and enforced, Critical Path will be irreparably damaged, and therefore you agree that Critical Path shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect of this EULA, including temporary and permanent injunctive relief, in addition to any other available remedies.

Dispute Resolution and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES REGARDING USE OF THE GAME OR ONLINE SERVICES BETWEEN YOU AND CRITICAL PATH, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. IN CERTAIN JURISDICTIONS THESE TERMS MAY NOT APPLY TO YOU, BUT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
1. Arbitration. Any Dispute between you and Critical Path, arising out of or relating to this EULA will be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre (“VanIAC”) pursuant to its applicable rules. The place of arbitration shall be Vancouver, British Columbia, Canada and the language of the arbitration shall be English. The number of arbitrators shall be one. Notwithstanding the foregoing, Critical Path may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this EULA is specifically enforceable by Critical Path through injunctive relief and other equitable remedies without proof of monetary damages.
2. CLASS ACTION WAIVER. YOU AND CRITICAL PATH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR CRITICAL PATH WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CRITICAL PATH ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND CRITICAL PATH FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CRITICAL PATH, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. YOU AND CRITICAL PATH AGREE THAT NO ARBITRATOR SHALL HAVE THE AUTHORITY TO FASHION A PROCEEDING AS A CLASS OR COLLECTIVE ACTION OR TO AWARD RELIEF TO A GROUP OR CLASS OF USERS IN ANY ARBITRATION PROCEEDING.
3. Enforceability. If the class action waiver in Section 20.2 is found to be illegal or unenforceable as to all or some parts of a Dispute, whether by judicial, legislative, or other action, then this Section and its subsections will not apply to those parts. Instead, those parts of the Dispute will be severed and proceed in a British Columbia court of law, with the remaining parts proceeding in arbitration.
Severability

In the event that any provision of this EULA, other than Section 20.2 (i.e., class action waiver), is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this EULA will remain in full force and effect. Any waiver or failure to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Taxes and Expenses

You shall be responsible for and shall pay and shall indemnify and hold harmless Critical Path and any and all of its partners, affiliates, officers, directors, and employees against all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under this EULA, including interest and penalties thereon (exclusive of taxes on Critical Path’s net income), irrespective of whether included in any invoice sent to you at any time by Critical Path. You shall provide copies of any and all exemption certificates to Critical Path if you are entitled to any exemption. All expenses and costs incurred by you in connection with your activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from Critical Path for any expenses.

Complete Agreement

All access to and use of the Game and Online Services is subject to this EULA and the applicable Game documentation. This EULA and the applicable Game documentation represent the complete agreement between you and Critical Path relating to your use of the Game, the Online Services and any other related services and products and supersede and replace any prior agreements between you and Critical Path.

Governing Law

This EULA and any action related hereto shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this EULA.

We operate and maintain the Game from Canada, and we do not represent or warrant that the Game is appropriate or available for use in any particular jurisdiction. You choose to access and use the Game on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Void Where Prohibited

Not all products or services are available to all persons or in all geographic locations. Critical Path reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. All offers, products, terms and services are void where prohibited.

Contact

If you have any questions concerning this EULA, you may contact us in writing at: [email protected]