Empyrean Softworks Inc.
Last Updated: May 26, 2025
This End-User License Agreement ("EULA") is a legal agreement between you ("you" or "Licensee") and Empyrean Softworks ("Empyrean Softworks" or "Licensor") governing your use of our mobile games, which are made available on the Google Play Store and the iOS App Store, and any related online services, and any related software, content, and services (collectively, the "Software").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE.
1. License Grant
- Empyrean Softworks grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software for your personal, non-commercial entertainment purposes on a compatible device.
- This license does not grant you any ownership rights to the Software. You are only granted a limited right to use the Software in accordance with the terms of this EULA.
2. License Restrictions
You may not:
- Modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law.
- Copy, reproduce, distribute, sell, rent, lease, sublicense, transfer, or otherwise exploit the Software, in whole or in part.
- Create derivative works based on the Software.
- Use the Software for any commercial purpose, including, but not limited to, advertising or solicitation, without our express prior written consent.
- Interfere with or disrupt the operation of the Software or any servers or networks used to provide the Software.
- Attempt to gain unauthorized access to the Software, other users' accounts, or any computer systems or networks.
- Transmit any viruses, malware, or other harmful code through the Software.
- Use any automated means, such as bots, cheats, or scripts, to access or use the Software.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Software.
- Use the Software in any way that violates any applicable laws or regulations.
3. Intellectual Property
- The Software and all content included in the Software, including, but not limited to, text, graphics, images, audio, video, software, code, designs, data, databases, and trademarks, service marks, and logos, are owned by or licensed to Empyrean Softworks and are protected by copyright, trademark, and other intellectual property laws and international treaties.
- You acknowledge that the Software contains valuable trade secrets of Empyrean Softworks.
- You agree not to infringe upon our intellectual property rights in any way.
4. User-Generated Content
- The Software may allow you to create, submit, or upload content, such as messages, forum posts, chat logs, player profiles, game modifications, or other materials ("User-Generated Content" or "UGC").
- You are solely responsible for your UGC and the consequences of submitting or uploading it.
- By submitting or uploading UGC, you grant Empyrean Softworks a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your UGC in any media, whether now known or hereafter created, for any purpose whatsoever, including commercial purposes, without any compensation to you.
- You represent and warrant that you have all necessary rights to grant us this license and that your UGC does not infringe upon the intellectual property rights or other rights of any third party.
- We have the right to remove or disable access to any UGC that we deem to be in violation of these Terms or otherwise objectionable.
5. Data Collection and Privacy
- Empyrean Softworks collects, uses, and discloses your personal information in accordance with its Privacy Policy, which is incorporated into this EULA by reference. By using the Software, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
- You acknowledge that when you download, install, and use the Software, the Google Play Store and the iOS App Store may also collect information about you, including information about your device, your app downloads, and your in-app purchases. We are not responsible for the data collection practices of these third-party app stores. You should review their privacy policies to understand how they collect and use your information.
6. Disclaimer of Warranties
- THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- EMPYREAN SOFTWORKS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- EMPYREAN SOFTWORKS DOES NOT WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE OR OPERATING SYSTEM.
7. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMPYREAN SOFTWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE SOFTWARE EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE SOFTWARE.
8. Indemnification
You agree to indemnify, defend, and hold harmless Empyrean Softworks, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Software, your UGC, or your breach of this EULA.
9. Termination
- This EULA is effective until terminated by you or Empyrean Softworks.
- You may terminate this EULA by uninstalling and deleting the Software from your device.
- Empyrean Softworks may terminate this EULA at any time, with or without cause, and with or without notice.
- Upon termination, your license to use the Software will immediately cease, and you must cease all use of the Software and delete all copies of the Software from your device.
- Sections [e.g., 3, 4, 5, 6, 7, 8, 10, 11, 12] of this EULA shall survive any termination.
10. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of laws principles.
11. Dispute Resolution
Any dispute arising out of or relating to this EULA shall be resolved in accordance with the dispute resolution provisions in the Terms of Service.
12. Miscellaneous
- This EULA constitutes the entire agreement between you and Empyrean Softworks regarding your use of the Software.
- If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Our failure to enforce any right or provision of this EULA shall not be deemed a waiver of such right or provision.
- You may not assign or transfer your rights or obligations under this EULA without our prior written consent. We may assign or transfer our rights and obligations under this EULA at any time.
13. Contact Us
If you have any questions about this EULA, please contact us at:
Empyrean Softworks Inc.
admin@empyrean-softworks.com