LEGAL — CACTUS ORBIT STUDIOS

End User License Agreement

Applies to all platforms, currently Steam

1.Agreement and acceptance

This End User License Agreement (the "EULA") is a legal agreement between you (the "Licensee") and Cactus Orbit Studios LLC ("Cactus Orbit Studios", "we", "us", or "our") regarding your use of STARFALL HIGH NOON (the "Game"), including all associated software, content, and services. By installing, downloading, accessing, or using the Game in any way, you confirm that you have read, understand, and agree to be bound by this EULA and by our Privacy Policy. If you do not agree, do not use the Game.

2.License grant

Subject to your compliance with this EULA, Cactus Orbit Studios grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Game solely for your personal, non-commercial entertainment on devices you own or control. No other rights are granted to you in this EULA or elsewhere.

3.License restrictions

You may not, and you may not permit any third party to:

• modify, translate, or adapt the Game or any portion of it;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Game, except to the extent permitted by applicable law;
• use the Game to build a competitive product or service, or to create derivative works;
• circumvent or disable any copy-protection, DRM, or digital rights management technology;
• use the Game in any manner that violates applicable law or regulation, or that infringes the rights of any third party; or
• sell, rent, lease, lend, distribute, or commercially exploit the Game without our prior written consent.

4.Your user content

To the extent you create content in connection with the Game (screencasts, clips, or other recordings of your gameplay, "User Content"), you retain your rights in that content. By posting or sharing User Content, you grant Cactus Orbit Studios a worldwide, royalty-free license to use, reproduce, and display that content for purposes of promoting the Game. You represent that you have all rights necessary to grant these permissions and that your User Content does not violate any third-party rights.

5.Third-party services

The Game is distributed through, and may use, the Steam platform operated by Valve Corporation. Your purchase and use of the Game through Steam is also subject to the Steam Subscriber Agreement. We are not responsible for the availability, content, or policies of any third-party service, including the timing of refunds processed through Steam.

6.In-game purchases

The Game may offer optional cosmetic items and content purchasable with real money or platform currency. All purchases are final except as required by applicable law or by the refund policy of the platform through which the purchase was made. Virtual items have no monetary value and may not be sold, traded, or redeemed outside the Game.

7.Intellectual property

The Game, including all artwork, characters, story elements, code, music, and other content, is owned by or licensed to Cactus Orbit Studios and is protected by copyright, trademark, and other laws. STARFALL HIGH NOON, CACTUS ORBIT STUDIOS, and the cactus-orbit device are trademarks of Cactus Orbit Studios LLC, as described in our Trademark Notice. No ownership rights in the Game are transferred to you by this EULA.

8.Disclaimers

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9.Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CACTUS ORBIT STUDIOS AND ITS OFFICERS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE GAME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.Termination

Your license under this EULA terminates automatically if you breach any term. We may also suspend or terminate access to the Game for conduct that we determine, in our sole discretion, to be harmful to other users, to us, or to third parties. Sections that by their nature should survive termination will survive, and all licenses granted to you terminate upon termination of this EULA.

11.Governing law

This EULA is governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any dispute arising out of or relating to this EULA shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction and venue of such courts.

12.Changes

We may update this EULA from time to time. If a change is material, we will post a notice on the Game's website prior to the effective date. Your continued use of the Game after changes take effect constitutes acceptance of the revised EULA.

13.Contact

Questions about this EULA may be sent to legal@cactusorbitstudios.com.