End User License Agreement

Subject to your compliance with this Agreement and the GTC, beAlien grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to download, install, and use the Software solely for your internal business purposes or personal use, as applicable.

You may make a reasonable number of backup copies of the Software solely for archival and disaster recovery purposes, provided that you retain all proprietary notices on those copies.

The Software is licensed, not sold.

You will not, and will not permit any third party to:

• (a) copy the Software except as expressly permitted by this Agreement;
• (b) sell, resell, rent, lease, lend, distribute, transfer, assign, sublicense, publish, disclose, or otherwise make the Software available to any third party;
• (c) modify, adapt, translate, alter, combine with other software, or create derivative works of the Software;
• (d) reverse engineer, decompile, disassemble, decode, decrypt, or otherwise attempt to discover the source code, underlying ideas, algorithms, structure, or organization of the Software, except to the limited extent applicable law expressly permits such activity despite this restriction;
• (e) remove, alter, obscure, or bypass any copyright notice, trademark, license key, security measure, digital rights management feature, or other proprietary notice or technological protection measure included in or used with the Software;
• (f) use the Software to develop, support, market, distribute, or provide a product or service that competes with the Software;
• (g) use the Software in violation of applicable law, the rights of any third party, or the documentation;
• (h) use the Software in any high-risk activity where failure of the Software could reasonably be expected to result in death, personal injury, serious environmental harm, or significant property damage, including operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life-support systems, or weapons systems; or
• (i) allow any person who is not an authorized user to access or use the Software.

Intellectual property rights in the Software, including ownership, reservation of rights, and protection of beAlien’s confidential information and trade secrets, are governed by the GTC.

The Software may require registration, activation, internet connectivity, periodic license verification, or the creation of an account.

You are responsible for obtaining and maintaining all hardware, operating systems, internet connectivity, third-party software, and other technical requirements needed to install and use the Software.

beAlien does not warrant that the Software will be compatible with your systems, equipment.

beAlien may provide updates, upgrades, patches, bug fixes, modifications, or other changes to the Software from time to time. Unless beAlien provides separate terms for an update, each update will be treated as part of the Software and will be subject to this Agreement.

Certain updates may install automatically or may be required for continued use of the Software. You consent to beAlien providing and installing those updates, subject to any available settings or controls.

beAlien is not required to provide maintenance, technical support, updates, or enhancements unless it expressly agrees to do so in writing.

If the Software is provided for a fee, you will pay the fees specified in the applicable order form, purchase confirmation, subscription terms or the GTC.

beAlien may collect, process, and use technical, diagnostic, usage, device, and similar information as described in beAlien’s privacy notice available at https://bealien.gg/privacy (the “Privacy Notice”), as well as the User Data you provide. The Privacy Notice is incorporated into this Agreement by reference.

“User Data” means any data, content, or materials that you submit to, upload or process, or cause to be processed, via the software.

You retain ownership of User Data. You grant beAlien a non-exclusive, worldwide, royalty-free right to host, reproduce, process, transmit, display, and otherwise use User Data only as necessary to provide, maintain, secure, support, and improve the Software and to comply with applicable law.

You represent and warrant that you have all rights, permissions, and consents necessary to provide User Data and to permit beAlien to use User Data as described in this Agreement.

The collection and processing of personal data in connection with the Software are governed by the GTC and beAlien’s privacy notice available at https://bealien.gg/privacy. You will not use the Software to upload, transmit, store, or make available any data or content that is unlawful, infringing, defamatory, fraudulent, harmful, or otherwise prohibited by applicable law, the GTC, or this Agreement.

Depending on the Software’s functions and your use of it, the Software may process the following categories of personal data:

• (a) account and registration data, such as user ID, Discord ID, Steam ID, username, and avatar;
• (b) subscription data, such as subscription status and purchase history;
• (c) device and technical data, such as device type, operating system, browser type, IP address, device identifiers, application version, language settings, and log data;
• (d) usage data, such as feature usage, configuration settings, interactions with the Software and/or the corresponding game, error reports, performance data, and diagnostic data.

The Software may include, link to, or operate with third-party software, services, content, or open-source components (“Third-Party Materials”).

Your use of Third-Party Materials may be subject to separate terms and conditions imposed by the applicable third party. beAlien is not responsible for Third-Party Materials and makes no representations or warranties regarding them.

The Software and related services are provided “as is” and “as available”. All warranty exclusions and limitations, including exclusions of implied warranties, are governed by the GTC. beAlien does not warrant that the software will be uninterrupted, error-free, secure, compatible with all systems, or suitable for your needs. beAlien does not promise to fix every defect or that the software will be free from viruses, malware, or other harmful code.

The limitations and exclusions of liability set out in the GTC apply to all claims arising out of or relating to this Agreement, the Software, and your use or inability to use the Software.

You will defend, indemnify, and hold harmless beAlien, its Affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• (a) your breach of this Agreement;
• (b) any data, content, or materials you upload, transmit, store, or otherwise make available through the Software;
• (c) your violation of applicable law or a third party’s rights; or
• (d) your use of the Software other than as expressly permitted by this Agreement.

beAlien will promptly notify you of any claim subject to indemnification, provided that any delay will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.

beAlien may control the defense and settlement of any indemnified claim, and you will reasonably cooperate at your expense. You may not settle any claim in a manner that imposes liability, an admission, an obligation, or a restriction on beAlien without beAlien’s prior written consent.

This Agreement begins when you first accept it, download, install, access, or use the Software and continues until terminated under this Section (the “Term”).

beAlien may suspend or terminate your license and this Agreement immediately upon written notice if:

• (a) you breach this Agreement or the GTC;
• (b) you fail to pay applicable fees when due;
• (c) beAlien reasonably believes that your use of the Software creates a security risk, may harm beAlien or another person, or may expose beAlien to legal liability; or
• (d) beAlien is required to do so by applicable law.

You may terminate this Agreement at any time by stopping all use of the Software and deleting or destroying all copies of the Software in your possession or control.

Upon termination or expiration of this Agreement:

• (a) all licenses granted to you will immediately terminate;
• (b) you must immediately stop using the Software;
• (c) you must delete or destroy all copies of the Software and documentation in your possession or control, including backup copies; and
• (d) all unpaid fees that accrued before termination will become immediately due and payable.

If requested, you must certify in writing that you have complied with this Section.

Sections 2, 4 through 6, 8 through 13, and any provisions that by their nature should survive, will survive termination or expiration of this Agreement.