This End-user Licence Agreement (“EULA” for short) is a legal document that establishes rights and obligations between you and Studios Goose Byte Inc. (“us” or “we”). Please read this EULA carefully, since it contains terms which affect your legal rights, including limitations of liability, exclusions of warranties, and an arbitration clause. We draw your attention to clauses 7–13 in particular.
Sponge Break is not intended for children under 13 and we will not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you must not accept this EULA or install Sponge Break. If you are 13 or older, you agree to not knowingly allow someone under 13 play Sponge Break.
We do not sell you our intellectual property rights in Sponge Break, which remain our property (it’s hard to run a game studio if you don’t own your own IP!). Instead, we grant you a personal and non-exclusive licence to install and use Sponge Break for your own non-commercial entertainment purposes. You may stream yourself playing games of Sponge Break without violating these licence terms (whether you are streaming for fun, to raise funds for charity, or as a professional streamer), but you may not otherwise use Sponge Break for any commercial purpose without first obtaining our permission, including for the purpose of creating merch or advertising other games, products, and services.
Sponge Break is a multiplayer game that’s more fun with friends, or strangers that you treat the same way you treat your friends. When playing the game or communicating with other players, refrain from harassment, griefing, using hacks, automation, or other forms of cheating, and any other illegal, harmful, or offensive conduct.
This EULA lasts from the moment of its acceptance until you uninstall all copies of Sponge Break. However, even after doing so, clauses 5–12 continue to survive in perpetuity.
We may update the game from time to time in order to improve it or ensure that it remains compatible with the platforms on which it is offered. Your ability to continue using Sponge Break may depend on your installing these updates, and if you decline to do so, the game may stop functioning properly until the latest updates are installed. If you have turned on auto-updates, this will cause updates for Sponge Break to install automatically. By turning on auto-update for Sponge Break, you thereby expressly consent to the installation of those updates.
We will make commercially-reasonable efforts to update and support Sponge Break in proportion to its player base and commercial success, but you agree that notwithstanding clauses 2–4, we do not have an obligation to update or support the game in perpetuity or on any particular platform.
We welcome feedback and suggestions about how we can improve, update, and expand Sponge Break. We cannot promise that we will implement any particular suggestion or feedback that we receive from you or others. You are not required to provide suggestions or feedback, but if you choose to do so, then you grant us an irrevocable, perpetual and worldwide licence to use your suggestions or feedback, without any financial or other compensation being owed if we do so.
If you are a consumer residing in Québec, then this EULA is governed by the laws of Québec and the federal laws of Canada applicable therein.
If you are not a consumer residing in Québec, then this EULA is governed by the laws of British Columbia and the federal laws of Canada applicable therein.
If you are a consumer residing in Québec, then you agree that any dispute arising from or related to this EULA or the game will be submitted to the exclusive jurisdiction of the courts of Quebec sitting in the judicial district of Montreal.
If you are not a consumer residing in Québec, then you agree to submit any dispute arising from or related to this EULA or Sponge Break to binding and confidential arbitration as detailed in this clause, except that both you and we retain the right to: (a) bring an individual action in small claims court in the jurisdiction in which you reside, and (b) seek injunctive or other non-monetary relief in any court of competent jurisdiction to prevent the current or threatened violation of intellectual property rights in Sponge Break (such as copyrights, trademarks, trade secrets, patents, industrial designs, etc.).
Arbitration under this clause will be conducted in British Columbia, but with full rights of videoconference participation for you, us, lawyers on both sides, and any witnesses should there be a hearing or other procedure which would require physical or virtual presence. The arbitration shall be confidential. The arbitration shall be conducted by the Vancouver International Arbitration Centre, by a single arbitrator and using its Expedited Arbitration rules for domestic arbitrations.
Regardless of the outcome of the arbitration, you and we shall each bear our own legal fees (lawyer and expert witness costs, and all other out-of-pocket expenses) and shall each pay 50% of the costs of arbitration, except that if your claim is granted in full by the arbitrator, we will reimburse the arbitration commencement (filing) fee that you paid to initiate the arbitration.
For greater certainty, you agree that arbitrator, and not a court or other public authority, shall have exclusive jurisdiction to determine the scope and enforceability of this arbitration agreement and to resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is null, void, or voidable.
You acknowledge that by using arbitration, your claim will be heard by an impartial commercial arbitrator, rather a judge or jury.
If you are a consumer residing in Québec, then we exclude all warranties other than the minimum unexcludable warranties which are provided by the Civil Code of Québec, Consumer Protection Act, and other applicable statutes or regulations.
If you are not a consumer residing in Québec, then to the fullest extent permitted by law we exclude all terms, conditions, and warranties in connection with Sponge Break, whether express, implied, or statutory, and including for greater certainty those related to merchantability and fitness for purpose.
If you are not a consumer residing in Québec, then, with the exception of intentional wrongdoing or gross negligence, we shall not be liable for any damages caused by or related to Sponge Break, our actions or inactions, or this EULA (including the breach of this EULA). This limitation of liability shall apply to all damages however caused, whether in contract, tort (including negligence), property, privacy, statute, or otherwise. Notably, and without limiting the generality of the preceding paragraph, we shall not be liable for any loss of data, loss of revenue, loss of profits, loss of business opportunities, lost time, or legal fees and litigation expenses.
Your rights arising under this EULA may not be assigned without first obtaining our written consent.
General inquiries to us may be sent to the following address:
Goose Byte Studios Inc.
5605 Avenue de Gaspé, Suite 304
Montréal, QC H2T 2A4
contact@goosebyte.games