HAWTHORN END USER LICENSE AGREEMENT (EULA)

Last Updated: August 15th, 2024

This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("you" or "User") and Near Studios, Inc. ("NEARstudios," "we," "our," or "us") governing your access to and use of the game currently known as Hawthorn (the "Game"), including any updates, patches, downloadable content, online services, websites, forums, multiplayer features, software, and related content provided by NEARstudios.

By installing, downloading, accessing, or using the Game, you agree to be bound by this Agreement. If you do not agree, do not install, access, or use the Game.

1. Eligibility

You must be legally capable of entering into this Agreement. If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and accept this Agreement on your behalf and will be responsible for your use of the Game.

2. License Grant

Subject to your compliance with this Agreement, NEARstudios grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download, install, and use the Game for personal, non-commercial entertainment purposes;
• Access permitted online and multiplayer services;
• Use Game content solely as authorized by NEARstudios.

The Game is licensed, not sold. NEARstudios and its licensors retain all rights not expressly granted herein.

3. Ownership

The Game, including all software, code, audiovisual content, characters, artwork, music, trademarks, logos, documentation, and related materials, is owned by NEARstudios and/or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

Except for the limited license granted above, no ownership rights are transferred to you.

4. Technologies

The Game may incorporate, interface with, or utilize third-party software, applications, platforms, application programming interfaces (APIs), and online services (collectively, "Third-Party Technologies"), including but not limited to game engines, distribution and account services, networking infrastructure, and payment processing tools.

All Third-Party Technologies are the property of their respective owners, licensors, or service providers. All trademarks, service marks, logos, and trade names related to Third-Party Technologies are the property of their respective owners in the United States and other jurisdictions.

Except as expressly required for your authorized, personal use of the Game under this Agreement, nothing herein grants you any right, title, interest, ownership, or license in or to any Third-Party Technologies.

5. Online Services and Multiplayer Features

The Game may provide online features including:

• Multiplayer gameplay;
• Matchmaking;
• Cross-platform functionality;
• Social features;
• User accounts;
• Cloud saves;
• Player progression systems;
• Live services and content updates.

Online services may be modified, suspended, interrupted, limited, or discontinued at any time without liability.

You acknowledge that:

• Internet access is required for certain features;
• Service availability may vary by region;
• NEARstudios does not guarantee uninterrupted service;
• Maintenance, updates, security events, outages, or third-party service disruptions may temporarily affect availability.

6. Accounts

Certain features may require:

• A platform account (Steam, Epic Games Store, Xsolla, Xbox, PlayStation, Nintendo, etc.);
• Other approved third-party services.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to provide accurate registration information and keep it current.

7. User Conduct

You agree not to:

• Cheat or exploit game mechanics;
• Use bots, scripts, automation tools, hacks, trainers, or unauthorized software;
• Reverse engineer, decompile, disassemble, or attempt to derive source code except where prohibited by law;
• Circumvent security measures;
• Use the Game to violate any law;
• Harass, threaten, stalk, or abuse other players;
• Upload malicious code;
• Disrupt multiplayer services;
• Engage in fraud or account selling;
• Use unauthorized mods that impact multiplayer systems or other users;
• Interfere with servers or network infrastructure.

Violation of this section may result in suspension or permanent termination of access.

8. Anti-Cheat and Security Measures

NEARstudios may employ anti-cheat, fraud detection, telemetry, moderation, or security technologies to protect the integrity of the Game and online services.

These systems may monitor gameplay behavior, software interactions, device identifiers, and network activity directly related to ensuring fair play, account security, and service integrity.

By using the Game, you consent to such security measures as permitted by applicable law.

9. User-Generated Content and Modding

Scope and Future Functionality

The Game may now or in the future include tools, application programming interfaces (APIs), or features allowing users to create, upload, distribute, or interact with user-generated content, modifications, custom levels, scripts, or assets (collectively, "UGC"). You acknowledge that UGC functionality may be modified, introduced, expanded, or discontinued at any time in NEARstudios’ sole discretion.

Integration of Third-Party Mod Platforms

NEARstudios may utilize third-party platforms, services, management platforms or APIs to host, distribute, or manage UGC. Your access to and use of UGC through any third-party service may be subject to additional terms, conditions, and privacy policies established by that third-party provider. NEARstudios is not responsible for the operation, availability, or policies of third-party UGC platforms.

Ownership and Grant of License

You retain ownership of any original rights you hold in UGC you create. However, by creating, submitting, or making available any UGC through or in connection with the Game, you grant NEARstudios a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, display, perform, adapt, modify, build upon, prepare derivative works of, and otherwise exploit your UGC in any media now known or hereafter developed, for any purpose, including operating, marketing, and improving the Game and related services, without attribution or compensation to you.

Rules of Conduct and Content Restrictions

You represent and warrant that your UGC:

• Is your own original creation or that you possess all necessary rights, licenses, and permissions to grant the rights herein;
• Does not violate or infringe upon any copyright, trademark, patent, trade secret, privacy, publicity, or other rights of any third party;
• Does not contain any unlawful, harmful, defamatory, obscene, harassing, or objectionable material; and
• Does not introduce viruses, malicious code, or unauthorized software intended to alter or damage the Game or third-party systems.

No Commercialization

Unless explicitly authorized in writing by NEARstudios (or permitted under applicable third-party platform terms designated by NEARstudios), you may not sell, rent, lease, license, or otherwise commercialize any UGC or use NEARstudios' intellectual property to generate revenue.

Monitoring, Moderation, and Removal

NEARstudios reserves the right, but assumes no obligation, to review, monitor, filter, disable access to, or permanently remove any UGC at any time, for any reason or no reason, without prior notice or liability to you.

Disclaimer and Limitation of Liability

NEARstudios does not endorse, guarantee, or assume responsibility for any UGC created or uploaded by users. You access and use UGC entirely at your own risk.

10. Updates and Changes

NEARstudios may provide updates, patches, bug fixes, balance adjustments, new features, and content modifications.

You acknowledge that updates may:

• Alter gameplay;
• Remove content;
• Change virtual economies;
• Reset rankings or progression where necessary;
• Require installation for continued online access.

11. Virtual Items

The Game may include virtual currencies, cosmetics, digital items, progression systems, expansions, or downloadable content.

Virtual items:

• Have no real-world monetary value;
• Are licensed, not owned;
• Are not redeemable for cash;
• May be modified, removed, revoked, or discontinued.

Except where required by law and platform policy, purchases are non-refundable.

12. Privacy

Our collection and processing of personal information are governed by the NEARstudios Privacy Policy available at: https://playhawthorn.com/privacy

By using the Game, you acknowledge that personal information may be processed for:

• Account management;
• Multiplayer functionality;
• Matchmaking;
• Customer support;
• Security and anti-cheat purposes;
• Analytics;
• Service improvement.

Where other third-party services are used, those providers may process information according to their respective privacy policies.

13. Third-Party Services

The Game may integrate or interact with third-party services.

NEARstudios is not responsible for:

• Third-party websites;
• Payment processors;
• Platform providers;
• Internet service providers;
• External account systems;
• Third-party terms or policies.

Your use of third-party services may be subject to separate agreements.

14. Termination

NEARstudios may suspend or terminate your access if:

• You violate this Agreement;
• You engage in cheating or fraud;
• Your conduct threatens the integrity, security, or operation of the Game;
• Required by law.

Upon termination:

• Your license immediately ends;
• Access to online services may cease;
• Virtual items may become inaccessible.

Sections intended to survive termination shall remain in effect.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE."

NEARSTUDIOS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• UNINTERRUPTED AVAILABILITY.

WE DO NOT GUARANTEE THAT THE GAME WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARSTUDIOS, ITS AFFILIATES, EMPLOYEES, OFFICERS, LICENSORS, CONTRACTORS, AND PARTNERS SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• LOSS OF PROFITS;
• LOSS OF DATA;
• BUSINESS INTERRUPTION.

IN NO EVENT SHALL NEARSTUDIOS' TOTAL LIABILITY EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID FOR THE GAME DURING THE PRECEDING TWELVE (12) MONTHS; OR
(B) US $100.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply.

17. Indemnification

You agree to defend, indemnify, and hold harmless NEARstudios and its affiliates from claims, liabilities, damages, losses, costs, and expenses arising from:

• Your use of the Game;
• Your violation of this Agreement;
• Your infringement of third-party rights;
• Your User-Generated Content.

18. Export Compliance

You agree not to export, re-export, transfer, or use the Game in violation of applicable export control, sanctions, or trade laws.

19. Governing Law

This Agreement shall be governed by the laws of the State of North Carolina, United States, excluding conflict of law principles.

20. Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt informal resolution by contacting: legal@playhawthorn.com

If a dispute cannot be resolved informally within thirty (30) days, the dispute shall be resolved through binding arbitration conducted in Wake County, North Carolina, except where prohibited by law.

You agree to resolve disputes individually and not as a member of a class action or representative proceeding.

21. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

This Agreement, together with the Privacy Policy and any supplemental terms, constitutes the entire agreement between you and NEARstudios regarding the Game.

23. Contact Information

Near Studios, Inc. doing business as NEARstudios
Website: https://playhawthorn.com
Email: legal@playhawthorn.com