This End User License Agreement (“EULA”) is a license from Shadow Mountain V, LLC to you for our applications (each, an “App”). If you downloaded the App from the Apple App Store, Apple’s Licensed Application End User License Agreement also applies, and Apple is not a party to this EULA except as a third-party beneficiary as described below. Google Play’s terms apply to Play downloads.
1. License
We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own entertainment, in accordance with this EULA and the store rules. We license the App; we do not sell it.
2. What you may not do
- Copy the App except for a backup permitted by the store
- Rent, sublicense, or redistribute the App
- Circumvent license or purchase checks
- Remove proprietary notices
- Use the App to violate law
3. Ownership
We and our licensors own the App, its code, art, audio, and marks. Your save data on device is yours to delete.
4. In-app purchases
Optional purchases, if offered, are processed by the platform store. We are not the merchant of record for store charges. Refunds are handled by the store.
5. Updates and termination
We may update the App. This EULA applies to updates unless a new EULA accompanies them. We may terminate the license if you breach it. On termination you must stop using the App and delete it. Sections that by nature should survive (ownership, disclaimers, liability, Apple beneficiary) survive.
6. Disclaimer and liability
THE APP IS PROVIDED “AS IS.” LIABILITY LIMITS IN THE Terms of Use apply to the App.
7. Apple-specific terms
If you obtained the App from Apple: (a) this EULA is between you and Shadow Mountain V, LLC only, not Apple; (b) Apple has no obligation to provide maintenance or support; (c) in the event of a failure to conform to an applicable warranty, you may notify Apple for a refund of the App purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (d) Apple is not responsible for addressing claims relating to the App, including product liability, legal or regulatory claims, or consumer-protection claims; (e) Apple is not responsible for investigating, defending, settling, or discharging third-party IP claims; (f) you represent you are not in a U.S.-embargoed country and not on a U.S. denied-party list; (g) Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it. Your usage rules must be consistent with the Apple Media Services Terms.
8. Support
Support is provided by us, not Apple or Google, at [email protected].
9. Contact
Shadow Mountain V, LLC
73101 CA-111 Unit 5
Palm Desert, CA 92260
[email protected]