Welcome to Digital Bandidos!

This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and Digital Bandidos Inc. (“Digital Bandidos”, “us”, “we”, and “our”) for our games, or any downloadable content, updates, patches, expansions, and any other digital content or features made available by us related to our games (the “Games”). By installing, accessing, or using our Games, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use our Games. This game and any accompanying online or electronic documentation has been produced by and is the property of Digital Bandidos.

The purchase, download, installation, and use of our Games are subject to our Privacy Policy (“Privacy Policy”) located at https://digitalbandidos.com/privacy_policy/ and Terms & Conditions (“Terms”) located at https://digitalbandidos.com/terms/.

Electronic transactions and communications are used for all interactions with us. By accepting this Agreement, you consent to transact with us electronically. This Agreement remains effective until terminated by either you or us, in accordance with the terms outlined in Section V. Certain rights and obligations will continue to apply even after termination.

You are strictly prohibited from creating, facilitating, or participating in any secondary market where our Games or Content is sold, including but not limited to in-game items, virtual currency, or downloadable content, is traded, resold, or exchanged for any form of compensation or consideration. Such activities constitute a material breach of this Agreement and will result in legal action by Digital Bandidos, including but not limited to termination of your account and pursuit of damages.

Please read this Agreement carefully and pay particular attention to these items:

• Community Guidelines. You agree to follow our Community Guidelines (Section III). These rules govern both in-game behavior and certain out-of-game conduct while using our Games.
• Dispute Resolution. If you are in the United States, please review the binding arbitration clause and class action waiver in Dispute Resolution (Section X). It affects how disputes between us are resolved.

I. Your Use of Our Games

A. Age Confirmation

By downloading and installing our Games, you confirm that you are an adult of the legal age in your country or have permission from your parent or guardian. If you are under the legal age, your parent or guardian must agree to these terms. You and your parent or guardian are responsible for all actions related to your account. Some features, like online multiplayer, in-game purchases, and social interactions, may not be available if you are under the age of majority. Providing false information about your age or consent is against our rules and can lead to losing access to our Games. We comply with relevant privacy protection regulations, including the Children’s Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”) and do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take prompt steps to delete such information. Providing false age information is a violation of this Agreement and may result in termination of access to our Games. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us immediately at  contact@digitalbandidos.com.

B. System Requirements

You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use our Games. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use our Games. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.

C. Online Platform

To access our Game, you may download and install our Game through an online game distribution platform (“Online Platforms”), such as Epic Games Store, Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of our Games through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern.

D. Trial Version

If our Games are provided as a trial, your use may be restricted, including limitations on the playable period, number of users, or other features. You agree to not to use the trial version beyond its expiration or termination. Our Games may include technical restrictions to enforce trial limits, which may remain on your device after deletion to prevent reinstalling another trial copy.

II. Ownership of Our Games

A. Proprietary & Intellectual Property Rights

“Intellectual Property Rights” include copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and other proprietary rights. Our Games’ “Content” includes all aspects of our Games, such as downloadable content (DLC), virtual currencies, virtual items, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics, audiovisual works, design, characters, icons, upgrades, links, and features and are our exclusive property.

Our Games, Content, and Intellectual Property Rights are the exclusive property of Digital Bandidos and are protected by copyright law, international treaties, and other applicable laws. This includes the Digital Bandidos name, logo, and all associated trademarks and service marks, as well as other proprietary branding. Our licensors may also enforce their rights in the event of any breach of these Terms. You are not granted any right or license to use our trademarks or those of our licensors without express written permission. All other trademarks, logos, and service marks appearing within the Services are the property of their respective owners.

B. License for Your Personal, Non-Commercial Use

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our Games for your personal, non-commercial use on devices or consoles you own or control, provided they meet the necessary specifications. You agree that your use of our Games is solely for personal entertainment and has no monetary value.

C. Unauthorized Use of Our Games

Unless expressly authorized by us, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of our Games. You also agree not to use any elements of our Games, or those provided by our affiliates and third-party developers and partners, in connection with any unauthorized product or service. Additionally, you may not use any elements of our Games in a manner that causes consumer confusion, discloses confidential information, or disparages us, our affiliates, or third-party developers and partners. This Agreement does not grant you any license or right to use any elements of our Games in any manner or form other than as part of our Games itself.

III. Restrictions, Community Guidelines & External Contributions

A. Applicability

The following restrictions and guidelines apply to your use of our Games, as well as communications and interactions with Digital Bandidos’ employees, agents, and contractors including, without limitation, individuals on our customer support, engineering, security, or community teams.

B. Restrictions on Use

You may only use our Games for your personal, private, and non-commercial purposes. Any commercial use of this Game is prohibited, including sublicensing, leasing, or distributing our Games or any Content therein. For the avoidance of doubt, “Game” in this Agreement refers to our Games themselves, as well as any downloadable content, updates, patches, expansions, and any other digital content or features made available by us related to our Games.

The following actions are expressly prohibited:

1. Distributing, leasing, licensing, selling, or transferring our Games without our written consent;
2. Making our Games available on a network for use or download by multiple users;
3. Installing our Games on a network or multiple platforms without authorization;
4. Reverse engineering, decompiling, or modifying our Games, except as permitted by law;
5. Removing or altering any proprietary notices within our Games;
6. Using cheats, bots, unauthorized code, or programs in connection with our Games’s online features;
7. Violating any terms, policies, licenses, or code of conduct related to any of our Games’s features;
8. Restricting or inhibiting any authorized user from enjoying our Games or its features;
9. Exporting or re-exporting our Games in violation of U.S. export laws or economic sanctions, or otherwise violate any laws or regulations.

C. Community Guidelines

We strive to maintain a fair and respectful environment within our Game, Discord, and social media platforms.

By installing and playing our Game or otherwise engaging with our community, you agree to:

1. Treat all community members with respect. Avoid language or behavior that is racist, sexist, homophobic, xenophobic, or otherwise discriminatory. Harassment, trolling, and bullying—including repeated unwanted communications—will result in enforcement actions, up to and including bans;
2. Refrain from sharing explicit or NSFW content, including vulgar usernames, avatars, and images;
3. Avoid spamming, including excessive use of caps, repetitive messages, or excessive emojis;
4. Use English in general channels to ensure clarity for moderators and the community. Language-specific channels may exist to accommodate non-English speakers;
5. Avoid discussions inciting harm, including violence, hate speech, or extreme political and religious ideologies. Constructive discussions must remain respectful and considerate;
6. Not impersonate other users, staff, developers, or public figures; and
7. Not engage in unapproved advertising, solicitation, or offering of services through unprompted direct messages.

D. Enforcement

Violations of either the Restrictions or our Community Guidelines may result in enforcement actions, including temporary or permanent bans, as determined by server administrators or game developers representatives. The severity of the enforcement will be determined based on the nature of the violation, and repeated offenses may result in more severe penalties, including the forfeiture of your Game license.

E. External Contributions

We value your feedback but please refrain from submitting external contributions, including creative ideas, suggestions, or materials (collectively, “Contributions”). If you do, please understand that we may freely use them without any compensation to you. By sharing Contributions, you grant us a worldwide, perpetual, irrevocable, non-exclusive right, and license to use them for any purpose, commercial or otherwise. You also agree to take any necessary actions to ensure the validity of these rights.

IV. In-Game Purchases

This section presents the rules for the acquiring and use of virtual currency (“Virtual Currency”) and virtual items such as boosts and customization cosmetics (“Virtual Goods”) within our Games, collectively (“Virtual Items”).

A. Game Models

Our Games may be offered under different monetization models that affect how Virtual Items are acquired and used. Regardless of the model—whether a one-time premium purchase or a free-to-play structure with optional in-game purchases—the following terms apply uniformly to all players.

1. Premium Model. Our Games may be offered for a one-time purchase, giving you access to all existing content and ongoing developer-supported updates. Additional content, such as expansion packs or currency/asset bundles, may be introduced later at our discretion.
2. Freemium Model. Our Games may be free-to-play with optional purchases, including virtual currency, items, and exclusive content unlocks. These options will be provided through the in-game store, and you may upgrade your account status to access additional content or features.

B. Use of Virtual Items

Within our Games, you may acquire (purchase or otherwise receive) Virtual Items which you can then use to enhance your gaming experience. By acquiring and using Virtual Currency or Items you declare that:

1. You fully understand and agree to the terms in this section. If you are not capable of understanding these terms, you are not permitted to acquire and use them.
2. You have fully understood the terms regulating their purchase on the respective platform.
3. You meet all the conditions applicable in your country for acquiring them.

C. No Ownership

You do not own the Virtual Currency or Items. We grant you a non-exclusive, revocable, non-transferable right and license to use your acquired Virtual Currency or Items consistent with the rest of this Agreement. You are only allowed to acquire Virtual Items from us or from persons authorized to sell our on our behalf.

D. Non-refundable Purchases

All purchases within our Games are payable in advance and are non-refundable, except as expressly set forth in this Agreement or required by law. We may revise the pricing for purchases offered through our Games at any time.

E. No Monetary Value

You acknowledge that Virtual Items have no monetary value and cannot be exchanged for real money, goods, or services from us or anyone else. Virtual Items are non-transferrable. We reserve the right to control, regulate, change, or remove any Virtual Currency or Items, including those that you have purchased, without any liability to you. You understand such changes may occur without notice.

F. Use & Technical Issues

You may use the acquired Virtual Items in any way allowed within our Games. Once spent or consumed, you lose the right to those items. In exceptional cases, we may—at our sole discretion—decide to restore spent or consumed items (for example, due to an error within our Games). If you encounter any technical issues with in-game purchases, please contact our support team at  contact@digitalbandidos.com. We are committed to resolving such issues promptly.

G. Effect of Termination

If your license to use our Games are terminated for any reason, you acknowledge that we are not liable for any loss or damage caused to you and you lose all rights to any acquired or purchased Virtual Items. Additionally, you agree and understand that we will not reimburse or refund any of these items, including any Virtual Items that have been modified, changed, or removed prior to or after termination.

V. User Generated Content

A. UGC Creation

We encourage you to broadcast your gameplay, or User Generated Content (“UGC”), on streaming platforms, showcasing your experiences with our Games. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Digital Bandidos to use, display, and distribute such UGC on the respective platforms.

B. License Grant to You

We grant you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.

C. License Grant to Digital Bandidos

You own your UGC, but by uploading or sharing UGC with Digital Bandidos, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.

D. Morality Clause

In addition to the terms set in this Agreement, to broadcast or upload your UGC you also agree to abide by this morality clause. To broadcast or upload UGC, you must clearly disclose any sponsorships or partnerships, respect intellectual property rights, and adhere to any non-disclosure agreements (NDAs) or embargoes on confidential information. You agree not to leak confidential data, promote illegal activities, or use cheats, hacks, or exploits in your content. Violations of these terms may result in disciplinary actions, including warnings, suspensions, or permanent bans. We reserve the right to enforce these rules to protect the integrity and safety of our community.

E. Responsibility for UGC

You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting your UGC, you represent and warrant that: (i) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (iii) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify Digital Bandidos and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to Digital Bandidos or its affiliates or third-party developers.

F. Compliance with Community Guidelines

It is essential to ensure compliance with our Community Guidelines as stated both in this Agreement and in our Terms, as well as any Online Platform policies and terms when creating UGC. You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, our Terms, our Privacy Policy, or our Community Guidelines.

G. UGC Removals

We reserve the right to remove any UGC that is in violation of these terms or that we, in our sole discretion, deem objectionable for any reason. You agree to promptly comply with such reasonable removal requests. We further reserve the right, but not the obligation, to monitor and edit or remove any activity or UGC.

H. Public Areas & Privacy

We provide public forums, blogs, and other areas on our websites and across our services for you to create and post UGC. You acknowledge that these areas are public, and you have no expectation of privacy concerning your use of them. You should not communicate any personal information on these public areas because any information you communicate may be seen and used by others and may result in unsolicited communications. We are not responsible for any information you communicate on or through these public areas.

VI. Data Collection & Feedback

The purchase, download, installation, and use of our Games are also subject to our Privacy Policy (https://digitalbandidos.com/privacy_policy/).

A. Information Collection & Usage

As a condition of using our Games, you agree and consent to our data collection and usage policies as set forth in this Agreement and our Privacy Policy. Your personal and gameplay data, including geographic and telemetry data, may be shared with our affiliates, vendors, business partners, and third parties. You understand and agree that your data may be transferred or used in countries with differing privacy standards.

B. Automated Feedback Software

Our Games includes an automatic feedback software that collects and transmits data from your device to and from us, including your device specifications, IP addresses, bugs, errors, and performance metrics. This data is used solely for improving our Games and is subject to our Privacy Policy.

C. Data Retention & Access

Data retention is maintained as long as necessary to support your gameplay, including maintaining online progression, inventory, and multiplayer interactions. We retain your data for customer service and troubleshooting purposes as well. Access to this data is strictly limited to authorized personnel within our company and our trusted affiliates, developers, and partners, ensuring that your information is handled securely and appropriately.

D. Online Purchases & Support

When you purchasing our Games, contacting support center, or signing up for our mailing list, we may collect data such as your name, Order ID, email address, IP address, and purchase details. This information is used for customer service, order fulfillment, and marketing purposes (if opted in).

E. Data Privacy

All data collection, use, disclosure, and transfer of your personal information are governed by our Privacy Policy (https://digitalbandidos.com/privacy_policy/). If you disagree with these practices, want your information used or shared as described, do not install or use our Games.

VII. Term & Termination

A. Agreement Effectiveness

This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of our Games and remains effective until terminated by either party.

B. User Termination

You may terminate the Agreement at any time by deleting and removing all copies of our Games and Content from the devices on which you have installed it and destroying your copy of our Games and Content in your possession.

C. Termination by Digital Bandidos

We reserve the right to terminate this Agreement and your access to our Games at any time, for any reason, at our sole discretion. If possible, we will attempt to notify you reasonably in advance of termination. However, in cases of legal obligation, breach of this Agreement, fraudulent or illegal use of our Games, or misuse of the Games for unintended purposes, we may terminate or suspend your access immediately without prior notice. Upon termination, you must cease all use of our Games, delete all copies in your possession, and confirm compliance if requested.

D. Automatic Termination

The Agreement and any license granted by it will terminate automatically if you fail to comply with any term or condition. Upon termination, you will be notified and must cease all use of our Games and Content, immediately delete all copies on your devices. You agree to promptly confirm compliance with these actions if requested.

E. Post Termination Conduct

Upon termination, you are prohibited from: (1) accessing, using, or attempting to use our Games or its Content in any form; (2) retaining, sharing, distributing, or otherwise making available any copies of our Games or its Content, in whole or in part; or (3) circumventing any technical measures or restrictions implemented by us to prevent access to our Games following termination.

F. Effect of Termination

Upon termination, all rights granted to you under this Agreement shall immediately cease. You forfeit any access to in-game purchases, virtual currency, or items without refund or compensation, and any progress or data related to our Games may be irretrievably lost. We are not liable for any damages resulting from the loss of access to our Games or its Content due to termination.

G. Survival of Terms

The following provisions of this Agreement shall survive termination: Dispute Resolution, Indemnification, Limitations of Liability, Ownership of our Games and Content, and any other provisions that by their nature should survive termination.

VIII. Indemnification

You agree to defend, indemnify, and hold harmless Digital Bandidos, its affiliates, and its third-party developers and partners, including their respective employees, contractors, officers, directors, and agents, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of our Games, or any User Generated Content (UGC) you create, post, or share that infringes the rights of others, violates any law, or breaches this Agreement. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You are not required to indemnify Digital Bandidos for any liabilities, damages, or losses arising from the negligent acts or omissions, fraud, or willful misconduct of Digital Bandidos, its officers, employees, contractors, or agents. You are also not responsible for any claims where you are not the cause of the breach.

IX. Limited Warranty & Liability

A. Warranty Disclaimer

Digital Bandidos, including our affiliates, third-party developers, and partners, provide this Game “AS IS” and on an “AS AVAILABLE” basis. We make no express warranties or guarantees about our Game. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. We do not guarantee that our games will meet your requirements, be error-free, or uninterrupted.

B. Limitation of Liability

Digital Bandidos and our affiliates, third-party developers, and partners are not liable for any damages from using or being unable to use our Games. THIS LIMITATION INCLUDES DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This includes damage to devices, except in cases of fraud, death, or personal injury caused by our negligence. If our Games damages your device due to our lack of reasonable care, we may compensate you or repair your device. OUR MAXIMUM LIABILITY AND YOUR SOLE EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR OUR GAMES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

C. Statutory Consumer Rights

Nothing in this Agreement shall limit your statutory consumer rights.

D. Back-up of Data Files

You should back-up to another secure location, on a regular basis, any data files concerning your use of our Games as we accept no liability for lost or corrupted data.

X. Dispute Resolution

A. Good Faith Attempt

Before initiating any formal dispute resolution, both parties agree to first attempt to resolve any disputes or claims in good faith for a period of 30 days. You must send a written notice describing the nature of the dispute, including your full name, contact information, and the relief you are seeking.

This notice must be sent to:

ATTN: Digital Bandidos Arbitration
Digital Bandidos Inc.
800 Bellevue Way NE, Suite 500
Bellevue, WA 98004
United States

The 30-day resolution period begins once the notice is received. If the dispute is not resolved within this period, both parties may proceed to arbitration.

B. Negotiation & Arbitration

If we cannot resolve a dispute informally, both parties agree to submit any claims or disputes arising from or relating to this Agreement or our Services to binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules. Arbitration will take place in the state of Colorado or another mutually agreed-upon location, and the award may be confirmed in a court of competent jurisdiction. The arbitrator’s decision will be final, and either party may request a written explanation of the decision. The arbitrator must apply Texas law (and federal law, if applicable), and the award may be challenged on this basis.

C. Individual Arbitration & Relief

All disputes will be arbitrated individually. No party may bring a claim as part of a class action, consolidated, or representative proceeding. The arbitrator has no authority to join or consolidate actions involving multiple parties. If the waiver of class action rights is found unenforceable, this dispute resolution section will be null and void, and the dispute will proceed in court.

D. Exceptions to Arbitration

Notwithstanding the above, either party may seek interim relief from a court or arbitrator, including injunctive or equitable relief, to protect intellectual property rights or in cases where such relief is deemed appropriate. Claims that cannot be arbitrated by law may also be brought before the courts.

E. Court Proceedings & Applicable Law

This Agreement shall be governed by the laws of the state of Colorado, without regard to its conflict of law provisions. If a court determines that a claim cannot be settled through arbitration, the parties agree that the claim will be brought in state or federal courts located in Colorado, and both parties consent to the exclusive jurisdiction of such courts.

F. DMCA Complaints

Digital Bandidos respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed upon within our Services, please contact us at contact@digitalbandidos.com. Users who violate intellectual property laws may face suspension or termination of their accounts.

XII. General

A. Changes

It is your responsibility to read, understand, and accept this Agreement in connection with your use of our Games. You acknowledge that we may make changes to this Agreement and to our Games itself, including its features, functionalities, and content, at any time and at our sole discretion. Such changes may be necessary to improve, enhance, or modify our Games, or to comply with legal, security, or policy requirements. You agree that your continued use of our Games after any such changes will constitute your acceptance of the changes. If you do not agree with the changes, you must cease using our Games. You should check this Agreement regularly to stay informed about any changes.

B. Contact Us

If you provide us with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from us in electronic form at such email address. Delivery of any Notice from us is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the address below.

For issues regarding customer support, please contact our support team as follows:

By mail:

ATTENTION: CUSTOMER SUPPORT
Digital Bandidos Inc.
11479 S. Pine Dr.
Parker, CO 80134
United States

By email: contact@digitalbandidos.com

C. No Waiver

Our failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Digital Bandidos may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

D. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

E. Survival

Any provisions of this Agreement that by their nature should survive termination shall survive.

F. Severability

If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

G. Non-Tranferability

The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.

H. Export Restrictions

You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import our Games or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer our Games or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.

I. US Government Restricted Rights

Our Games and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions of this Agreement. We reserve all unpublished rights under the copyright laws of the United States.

J. Entire Agreement

This Agreement constitutes the entire understanding between you and us, superseding all prior agreements, whether oral or written. You acknowledge that you entered into this Agreement based solely on the representations and promises expressly stated here. No failure by either party to exercise any right under this Agreement will constitute a waiver of those rights. In case of a conflict between this Agreement and any other terms, this Agreement will prevail.

K. Controlling Language

The original language of this Agreement is English even if it may be available in other languages. By clicking “I Agree,” or installing our Games, you agree that the English version of this Agreement shall control any dispute between you and us arising from or related to this Agreement. The English version of this Agreement can be found at https://digitalbandidos.com/eula/.

XI. Governing Law

A. Applicable Laws

This Agreement shall be governed by and will be construed in accordance with the laws of, the United States of America and the law of the State of Colorado, without regard to choice of law principles.

B. Exclusion of International Convention

The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.

C. Canadian Residents

If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.

D. International Users

Users who access the Online Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.