END USER LICENSE AGREEMENT

This is the End User License Agreement (“Agreement”) for “TumbleSeed”. Please read through this document carefully.

By purchasing, copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. If you need clarification, explanations for the terms are italicized below.

This Agreement is the binding legal agreement between you, the individual end user (“you”), and the developers, David Laskey Inc., Static Oceans Corp., Waveplant LLC, and Vichcraft & Co., and aeiowu, LLC (“Developers”) by and through the publisher aeiowu, LLC (“aeiowu”, “we”, “us”), an Iowa company, for your purchase, download, and play of the game “TUMBLESEED” (“Game”). For purposes of this Agreement the “Game” means collectively the interactive video game client “TUMBLESEED” and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.

1. OWNERSHIP. Developers are the sole authors and owners of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of the Game, including and without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from the Game. We prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License set forth below.
2. LICENSE AND LIMITATIONS. Upon your valid purchase of our Game through approved online sales channels (currently Steam, Nintendo Switch, and Playstation Network (herein “Online Stores”)), we grant you a perpetual, universal, non-assignable, and non-commercial right and license to: a) download and install the Game to any number of systems or devices, subject to the terms and conditions of the Online Store from which you purchased the Game; b) produce and share fan art, comics, or other derivative works for non-commercial purposes only; c) produce mods, add-ons, or other features related to the Game for non-commercial distribution, subject to the limitations set forth below; and c) live stream, archive, record, and share audiovisual media of your gameplay, provided your live stream or video does not infringe on the intellectual property, personality, or privacy rights of any third party.
   
   However, reverse engineering, decompiling, packet sniffing, or otherwise modifying or compromising the integrity of the Game’s source code in any manner that compromises the fairness of gameplay or interferes with the intended mechanics or game balance of the Game, including the development, reproduction, or distribution of any hacks, exploits, or bots that compromise the same, constitutes a material breach of this Agreement and the license granted herein.
   
   If you would like a commercial license for any use of the Game, including merchandise, commercial fan art, or commercial streaming, please contact us directly at Hello@TumbleSeedGame.com. We strongly support and encourage the Let’s Play community, including those who earn ad and subscription revenue through streaming, so we will not charge for that use. However, we encourage you to contact us so we can work together to promote both your channel and our Game.
3. INDEPENDENT ORIGIN. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person.
4. DISCLAIMER. ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
5. ADDITIONAL DISCLAIMERS REGARDING DATA AND PLAYABILITY. IN ADDITION, AEIOWU AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, INTERFERENCE BY THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTIOUS DISEASE OR PATHOGEN RESULTING IN A COMMUNICABLE DISEASE WITH SYMPTOMS SUCH AS: (A) LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTIONS; (B) LIMITED BRAIN ACTIVITY; AND (C) AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
6. LIMITATION OF LIABILITY. YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL AEIOWU (INCLUDING ITS OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. THE MAXIMUM AWARD YOU ARE ENTITLED TO IN ANY ACTION AGAINST AEIOWU IS LIMITED TO THE RETAIL VALUE OF YOUR COPY OF THE GAME.
7. DISPUTE RESOLUTION: You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
   1. Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
   2. Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
   3. Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of Illinois.
   4. You and aeiowu agree that any arbitration shall be limited to the claim between aeiowu and you individually. YOU AND AEIOWU AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
8. NO WAIVER. Our failure to enforce at any time any of the provisions of this Agreement or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by aeiowu of any provision, condition or requirement of this Agreement or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
9. MISCELLENEOUS PROVISIONS. The parties additionally agree to the following:
   1. Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the State of Illinois. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of Illinois.
   2. Severability. If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion.
   3. Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on our store page or Game web site.
   4. Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement.
   5. Assignment. This Agreement may be assigned by aeiowu to any third party at our sole discretion. You are prohibited from assigning this Agreement, and any such attempt will void your license in and to the Game.
   6. Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action.
   7. Survival. The following sections shall remain in full force and effect after the expiration or termination of this Agreement: Section 1, and 3 through 9.