# Hytale End-User License Agreement

> Version: 2.2
> Effective Date: January 13, 2026

*Note: This summary and the key points that follow in the EULA are provided for convenience. The legally binding terms appear below and will take precedence over this summary and the key points if there is any inconsistency or conflict.*

## Plain English Summary — What This EULA Covers

- You buy a license to use the Game; you do not own the Game software.
- You can make and share Mods and even monetize them (with conditions); however, don't share our original Game files. NFTs and exploitative blockchain/crypto schemes are prohibited.
- All Server Operators must follow baseline rules (monetization practices, no gambling, loot box disclosures, no NFTs or exploitative blockchain/crypto schemes). Listed Servers have additional requirements including content ratings, cosmetics compatibility, and revenue share.
- Don't cheat, bypass protections, or violate laws. We can update, suspend, or revoke access for violations at our sole discretion, at any time and without prior notice.
- We own the Game and the associated trademarks. You own your Mods but grant us limited rights to use them in the Game.
- By agreeing to the EULA, you limit your rights and remedies and the amount of damages you can claim may be limited.
- Disputes related to this EULA are governed by the Hytale Terms of Service.

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## Legally Binding Terms

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## 1. Introduction & Acceptance and Early Access/Beta Notice

> **Key Points:** You accept this EULA by downloading, installing, or using the Game. The Game is a work in progress. Features may change; bugs and performance issues are expected. No guarantees as to timelines or completeness.

**1.1** This Hytale End-User License Agreement ("EULA") is between you ("you" or "user") and Hypixel Studios Canada Inc. ("Hypixel Studios Canada", "we", "us", or "our"). This EULA governs your installation and use of: (a) the Hytale video game software; (b) the Hytale video game launcher software known as the "Hytale Launcher"; and (c) all related content, documentation, downloadable content, in‑game content updates, patches, changes, modifications, and other updates provided with or for any of the foregoing (collectively, the "Game"). Items (a) and (b) are provided in executable form only. The Game includes any modifications or enhancements to the foregoing that Hypixel Studios Canada, in its sole and entire discretion, makes available from time to time. Your access to the Game, the related websites, and online services (the "Service") is also governed by the Hytale Terms of Service at [https://hytale.com/legal/terms-of-service](https://hytale.com/terms-of-service) (the "Terms") (including, but not limited to its eligibility, dispute resolution and choice of law provisions that govern your use of the Game under this EULA), and the following guidelines, policies, terms, and rules, all of which are incorporated into this EULA by this reference, which we may supplement (including by the adoption of new policies), update, or replace from time to time:

- "Community Guidelines" available at [https://hytale.com/community-guidelines](https://hytale.com/community-guidelines);
- "Cookie Policy" available at [https://hytale.com/cookie-policy](https://hytale.com/cookie-policy);
- "Privacy Policy" available at [https://hytale.com/legal/privacy](https://hytale.com/privacy); and
- "Server Operator Policies" available at [https://hytale.com/server-policies](https://hytale.com/server-policies) (collectively, the "Policies").

**1.2** By downloading, installing, or using the Game, you agree to be bound by this EULA. If you do not agree, do not download, install, or use the Game. If you are a Minor (as defined in the Terms) and habitually resident in the United Kingdom or any territory in the European Economic Area, your use of the Game is subject to the minors and age‑assurance rules in the Terms. Child account settings (including communications and privacy) are managed under the Terms and may limit some online features of the Game.

**1.3** This EULA, together with the Terms and the Policies, constitutes the entire agreement between you and us regarding the Game. In the event of any inconsistency or a conflict between this EULA and the Terms pertaining to the use of the Game, this EULA shall prevail over any such inconsistency or conflict and govern your use of the Game. You represent and warrant that you meet the eligibility and other requirements in Sections 3.1 and 3.2 of the Terms.

**1.4** The Game may be provided to you as a pre-release version ("Early Access", "Preview", or "Beta" release). You acknowledge that an Early Access, Preview, or Beta release of the Game may contain bugs, experience downtime, lose data, or change materially before full release. We may add or remove features from the Game at any time at our sole and entire discretion.

**1.5** Purchasing or accessing the Game as an Early Access, Preview, or Beta release grants you a license to use the current build and to receive future updates relating to the Game that we elect to provide you, subject to this EULA. We make no promises about release timing, feature completeness, or continued availability of the Game as provided to you as an Early Access, Preview, or Beta release.

**1.6** If you are habitually resident in any territory in the European Economic Area, information about notices, content moderation, appeals, and your rights under the Digital Services Act is set out in the Terms.

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## 2. License Grant

> **Key Points:** You get a personal license to install and play. It's not a sale of the software.

**2.1 License Grant.** Subject to this EULA and the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Game on devices you own or control for personal, non-commercial use.

**2.2 Retained Rights.** The Game is licensed, not sold, to you under this EULA. This EULA does not grant you any title or ownership in the Game.

**2.3 Online features.** Online features relating to the Game require an authenticated account via the Hytale Launcher and are subject to the Terms.

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## 3. Permitted Uses & Modding Rights

> **Key Points:** We encourage Mods. You can create, share, and even monetize them if you follow the rules. Don't distribute our original Game files or pretend to be official.

**3.1 Modding Philosophy.** We support community creativity. You may create, use, and distribute modifications, plugins, scripts, maps, skins, models, and similar content for the Game (collectively, "Mods").

**3.2 Monetization of Mods.** You may monetize Mods independently (e.g., paid downloads, donations, sponsorships, ad-supported distribution), provided you: (a) do not distribute or include any part of the Game, including its source code and any other files, into your Mods; (b) do not imply or mislead other users into believing your Mod is official, endorsed, or produced by Hypixel Studios Canada; (c) comply with applicable laws (including consumer, privacy, and advertising laws) and third-party rights; (d) do not include malware, spyware, or harmful code into the Mods; (e) respect gameplay balance, safety, and integrity; (f) comply with our Community Guidelines; and (g) do not integrate, issue, or promote non-fungible tokens (NFTs), speculative crypto tokens, play-to-earn token schemes, or similar blockchain-based schemes in connection with your Mods (accepting cryptocurrency as a payment method for otherwise-permitted transactions is allowed).

**3.3 Distribution Rules.** You may distribute Mods you create, but you may not distribute the Game (in whole or in part), including its source code, any decryption keys or any other files pertaining to the Game. Where we provide you with official APIs, SDKs, or tools pertaining to the Game, your use is subject to the EULA (including the Terms of Service) and any license terms applicable to those tools ("Supplementary Terms"). In the event of any inconsistency or a conflict between this EULA and the Supplementary Terms for any such APIs, SDKs, or tools, the Supplementary Terms shall prevail over any such inconsistency or conflict and govern, but solely for your use of the APIs, SDKs, or tools.

**3.4 Ownership of Mods.** As between you and Hypixel Studios Canada, you retain ownership of your Mods, solely to the extent they consist of your original creative work. To the extent your Mods are used with or shown within the Game or the Service, you grant Hypixel Studios Canada a non-exclusive, worldwide, fully paid-up, royalty-free, transferable, sublicensable, perpetual, irrevocable license to host, reproduce, adapt, modify, create derivative works, display, distribute, and use your Mods for any purpose as we may determine is necessary to operate and promote the Game and the Service. This license is separate from and in addition to the license you grant to us in the Terms for "User-Generated Content" (as defined in the Terms).

**3.5 Responsibility of your Mods.** You acknowledge and agree that you are responsible for the content of any Mods you create. You represent and warrant that your Mods will not contain any materials that: (a) are discriminatory, harmful, offensive, illegal, obscene, or defamatory; (b) infringe, violate, or misappropriate any person's intellectual property, privacy, or publicity rights; (c) contain any viruses, malware, ransomware, or other destructive computer programs; or (d) could reasonably be expected to harm, diminish, or tarnish the reputation, goodwill, or image of Hypixel Studios Canada or its licensors. To the maximum extent permitted by applicable law, Hypixel Studios Canada does not assume any responsibility or liability for your Mods and reserves the right, in its sole and entire discretion, and without prior notice, to remove any of your Mods from the Game that violate the terms and conditions of this EULA (including the Policies) or the Terms.

**3.6 Trademarks & Branding.** You may use the word "Hytale" descriptively to indicate compatibility (e.g., "Mod for Hytale"), but you may not use our logos, trade dress, or trademarks in a way that suggests endorsement or origin without our written permission. You agree to use the word "Hytale" in accordance with our brand use guidelines, if and when published.

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## 4. Restrictions & Prohibited Uses

> **Key Points:** No cheating, reverse engineering, or bypassing protections (except what the law allows for interoperability). Don't sell or redistribute the Game itself.

**4.1 Restrictions and Prohibited Uses.** You may not: (a) reverse engineer, decompile, or disassemble the Game except as permitted by law; (b) modify, translate, or create derivative works of the Game except as expressly permitted in this EULA; (c) circumvent digital rights management, anti-cheat, or technical protection measures; (d) use cheats, bots, hacks, or exploits; (e) rent, lease, sell, sublicense, or commercially exploit the Game itself; (f) remove or alter proprietary notices; (g) impersonate Hypixel Studios Canada; (h) use the Game to violate applicable laws or third-party rights, or otherwise misuse the Game; or (i) integrate, issue, or promote non-fungible tokens (NFTs), speculative crypto tokens, play-to-earn token schemes, or similar blockchain-based schemes.

**4.2 Interoperability Exception.** Nothing in this EULA limits your rights under applicable law to conduct reverse engineering solely and to the extent necessary to achieve interoperability between the Game and independently created software, provided such activity is strictly limited to what the law permits and does not disclose or misuse our proprietary information.

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## 5. Installation and System Requirements

> **Key Points:** Use Hytale Launcher to install and sign in. We may update the Game automatically. Online features need an internet connection.

**5.1 Installation.** The Game may only be installed and authenticated via the Hytale Launcher. An active internet connection is required for installation, authentication, updates, and online play.

**5.2 Requirements.** The Game may require certain minimum specifications (see [https://hytale.com/system-requirements](https://hytale.com/system-requirements)). We may change requirements as the Game evolves. Game performance is not guaranteed on all hardware.

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## 6. Anti-Cheat & Data Collection

> **Key Points:** We primarily use server-side detection and limited telemetry to keep the Game fair. No kernel-level anti-cheat. See the Terms and Privacy Policy for details.

**6.1 Integrity.** We implement anti-cheat and integrity measures for the Game which are primarily server-side, with limited client-side telemetry. We do not deploy kernel-level anti-cheat.

**6.2 Data.** We may collect gameplay, device, network signals, and other categories of personal information (as defined in our Privacy Policy) necessary to detect cheating, enforce rules, and operate the Game, as described in the Privacy Policy.

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## 7. Server Software & Server Operator Terms

> **Key Points:** You can run community servers using separate server software. All Server Operators must follow baseline rules including monetization requirements, gambling prohibition, and loot box disclosures. Servers may optionally be listed in Discovery ("Listed Servers"), which requires additional obligations: content maturity ratings, and cosmetics compatibility.

**7.1 Server Software.** If we provide dedicated server software (the "Server Software") to allow users to host the Game (such user, a "Server Operator"), your rights to host the Game using the Server Software are granted under, and subject to, the license in Section 2 of this EULA. All use of the Server Software and the hosting of the Game are governed by this EULA.

**7.2 Operator Responsibilities.** Server Operators must comply with applicable laws and protect player safety, and enforce rules against cheating and abuse provided such enforcement is consistent with the applicable Policies, this EULA and the Terms. Server Operators are responsible for their server content, moderation, and any applicable taxes or fees.

**7.3 Branding.** Server Operators must not use any Hypixel Studios Canada trademarks, logos, or branding in a manner suggesting official status or endorsement. We may revoke or limit access to the Server Software for material or repeated violations of the foregoing.

**7.4 Server Discovery; Listed Servers.** (a) "Discovery" means any directory, in‑Game surface, or other official listing or recommendation mechanism made available by us for players to discover servers. (b) A "Listed Server" is a server that appears in Discovery or otherwise participates in an official listing, promotion, or recommendation program operated by us. (c) Listing is at our sole discretion and may be conditioned on eligibility, technical, safety, and policy compliance requirements. We may suspend, reject, or remove any server from Discovery for policy, safety, or operational reasons, and where practicable, we will provide notice. (d) By enabling or maintaining listing in Discovery, you agree to any additional server‑specific terms we present for Discovery participation.

**7.5 Server Operator Policies; Additional Terms.** (a) All Server Operators must comply with the Server Operator Policies (as incorporated by reference in Section 1.1), which may be supplemented, updated, or replaced from time to time with reasonable notice where changes materially affect server operation. The Server Operator Policies are available at [https://hytale.com/server-policies](https://hytale.com/server-policies). (b) If you operate a Listed Server, you must also comply with any additional terms, program rules, monetization or integration requirements that we publish for Listed Servers ("Additional Terms"), including those identified within the Server Operator Policies as applicable to Listed Servers. (c) The Additional Terms supplement this EULA. In the event of a conflict between the Additional Terms and this EULA solely with respect to the operation of a Listed Server, the Additional Terms will control.

**7.6 Content Maturity Self‑Rating; Parental Controls (Listed Servers).** If you operate a Listed Server: (a) you must provide and maintain an accurate self‑rating of the content on your server in accordance with the rating framework and guidance we publish; (b) you must promptly update the rating as material content changes occur; (c) you must implement any discovery, parental control, and age‑gating features we require (including honoring platform or account family settings) to help ensure that minors do not access content that is inappropriate for their age under applicable law; and (d) we may, in our discretion, require a change to your rating or delist your server if we reasonably determine the rating is inaccurate or the server is not following required controls.

**7.7 Monetization; General Requirements (All Servers).** If you monetize your server (including by offering subscriptions, access passes, cosmetics, in‑server items, advertising, sponsorships, or donations): (a) you are the merchant of record and are solely responsible for pricing, fulfillment, customer service, refunds where required by applicable law, and compliance with consumer protection, advertising, tax, and payment laws; (b) you must describe offerings truthfully and clearly, display the total price, the renewal terms (if any), material limitations, and any region‑specific rights or restrictions before purchase; (c) you must not mislead, use dark patterns, or make unfair or deceptive claims; (d) you must use payment processors and data practices that are lawful and appropriate for your audience (including minors protections where applicable), and you are responsible for chargebacks and disputes; (e) advertisements and sponsorships must be clearly labeled and comply with applicable advertising standards and age restrictions; (f) your monetization must also comply with Sections 7.8 (Gambling and Wagering) and 7.9 (Paid Random Items); and (g) you must not integrate, issue, or promote non-fungible tokens (NFTs), speculative crypto tokens, play-to-earn token schemes, or similar blockchain-based schemes in connection with your server (accepting cryptocurrency as a payment method for otherwise-permitted transactions is allowed).

**7.8 Prohibited Gambling and Wagering (All Servers).** You must not operate any server or feature that constitutes or facilitates gambling or wagering, including: (a) games of chance or mixed skill/chance in which players stake money, virtual currency, or items of value for the opportunity to win money, virtual currency, items, or other things of value; (b) "skins" or item wagering, raffles, lotteries, sweepstakes with a required purchase or consideration, sports or event betting, or similar activities; or (c) any feature that enables cash‑out or exchanges of Game items or virtual currency for money or money‑equivalents. For clarity, Section 7.9 applies to non‑cash "Paid Random Items" features that are not gambling when offered in compliance with applicable law and this EULA.

**7.9 Randomized Monetization; Paid Random Items; Disclosures; Minors (All Servers).** If you offer paid features with randomized outcomes ("Paid Random Items", e.g., loot boxes, capsules, crates): (a) you must, before purchase, clearly and prominently disclose the mechanics, available item categories or tiers, and the probabilities or odds of receiving each category or item (including any "pity" or guarantee mechanics) and keep those disclosures accurate and up‑to‑date; (b) you must provide an in‑server location where players can review your most current probabilities and mechanics at any time; (c) you must not allow purchases of Paid Random Items by users who are identified as minors under applicable law based on available account, platform, or parental control information; (d) you must not market Paid Random Items to minors in a manner prohibited by applicable law; (e) you must provide a clear purchase confirmation and an easily accessible transaction history; (f) Paid Random Items may not be redeemable for money or money‑equivalents and may not be transferred or sold outside the server ecosystem; and (g) you are responsible for ensuring these features comply with all applicable laws and regulatory guidance in the regions where your players are located.

**7.10 Official Cosmetics Compatibility (Listed Servers).** If you operate a Listed Server and integrate official player‑owned cosmetic items or visual effects ("Official Cosmetics"): (a) you must use our documented APIs and integration guidelines, if provided, and ensure that Official Cosmetics render in‑server in a manner that is faithful to the intended design, without misrepresentation, alteration, or degradation; (b) you must not restrict, block, or charge additional fees solely for a player to display Official Cosmetics they already own; (c) you must comply with our branding and attribution rules where applicable; and (d) you must not suggest sponsorship, affiliation, or endorsement by us except as expressly permitted in writing.

**7.11 Revenue Share (All Servers).** If you operate a Hytale Server and monetize your server, you acknowledge and agree that we may require you to pay a revenue share on monetization in the future. The revenue share rate, reporting requirements, and payment terms will be specified in the Server Operator Policies, which we may update from time to time. As of the Effective Date, the revenue share rate is 0% and no reporting or payment is required. When the revenue share rate increases above 0%, the new rate will apply only to revenue earned on or after the effective date of the rate change and will not be applied retroactively.

**7.12 Hosting Costs and Obligations (All Servers).** All Server Operators are solely responsible for procuring and paying for hosting, bandwidth, storage, security, and other infrastructure and operational costs for their servers. We provide the Server Software (if any) and Discovery "as is" and do not guarantee support, maintenance, uptime, service levels, or feature commitments for third‑party servers. We may modify, suspend, or discontinue Discovery or related integration features at any time, consistent with applicable law.

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## 8. Intellectual Property & Ownership

> **Key Points:** We own the Game and its assets. You own your Mods. Use our trademarks only descriptively and within guidelines.

**8.1 Ownership.** You acknowledge that Hypixel Studios Canada or its licensors own all rights, title, and interest in and to: (a) the Game, including all related software, artwork, audio, content, characters, musical works, sounds, designs, stories, character names, and trademarks; and (b) the Service. All rights not expressly granted to you under this EULA or the Terms are reserved by Hypixel Studios Canada or its licensors.

**8.2 Third-Party IP.** Mods must respect third-party intellectual property. If you include third-party content in your Mods, you are solely responsible for obtaining permissions or complying with applicable open-source or proprietary licenses regarding such third-party content.

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## 9. Open Source & Third-Party Licenses

> **Key Points:** The Game uses open-source components. Those components have their own licenses which you must follow.

**9.1 Components.** The Game may include or be distributed with third-party components that are subject to open-source licenses. You acknowledge that such third-party components are licensed to you under their applicable licenses and not under this EULA.

**9.2 Notices.** OSS licenses are bundled with the downloads of any software.

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## 10. Updates & Patches

> **Key Points:** We may update the Game from time to time in our sole discretion and without prior notice. Updates may change or remove features to keep things stable and fair.

**10.1 Game Updates.** We may, from time to time, automatically provide updates, patches, expansions, content changes, or other modifications to the Game ("Game Updates"). We may implement such Updates, in our sole and entire discretion, when we determine they are necessary to maintain the Game's stability, security, compliance, gameplay integrity, or continued access to online features. These Game Updates may, subject to the laws of the jurisdiction where you reside, modify or remove certain Game features and may affect the operation of your Mods.

**10.2 Discontinuance.** We may, from time to time and in our sole and entire discretion, discontinue legacy builds or features of the Game that we determine are no longer viable, secure, or compliant, and will provide reasonable advance notice to you to the extent required by law.

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## 11. Term and Termination of License

> **Key Points:** If you break the rules, your license can end. You must uninstall the Game if your license ends.

**11.1 Effectiveness.** This EULA is effective until terminated by either you or Hypixel Studios Canada.

**11.2 Termination by Us.** Subject to applicable law, we can terminate this EULA at any time in our sole and entire discretion. This EULA also terminates automatically if you fail to comply with its terms and conditions or the Terms. We may also suspend or terminate your access if we determine, in our sole and entire discretion, that such action is necessary to protect the Game, the Service, or other users. To the extent required by applicable law, we will provide any legally mandated advance notice; otherwise, we may suspend or terminate without prior notice.

**11.3 Termination by User.** You may terminate this EULA by ceasing all use of the Game, permanently deleting all installations of the Game from your devices, and destroying all copies of the Game in your possession or control.

**11.4 Effects.** Upon termination of this EULA by Hypixel Studios Canada, you must cease all use of the Game, permanently delete all installations of the Game from your devices, and destroy all copies of the Game in your possession or control. Sections intended to survive (including ownership provisions, disclaimers, license to use Mods, limitations of liability, and indemnity) will survive. You acknowledge and agree that you are not entitled to any refund or other payment for any amounts that were paid to Hypixel Studios Canada prior to any termination except where required by law or as set out in the Terms for users who are habitually residents of the United Kingdom or in any territory in the European Economic Area.

**11.5 Account and Data Matters.** Account and data matters are governed by the Terms, including retention and deletion practices.

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## 12. Disclaimers & Warranties

> **Key Points:** The Game is provided "as is". Consumer law protections still apply where mandatory.

**12.1 DISCLAIMER.** TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. EXCEPT AS REQUIRED BY APPLICABLE CONSUMER PROTECTION LAWS, WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‑FREE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF HARMFUL CODE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDANCE, OR ADVICE PROVIDED BY US CREATES ANY REPRESENTATION OR WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; TO THE EXTENT SUCH LAWS APPLY, THE FOREGOING EXCLUSIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL NOT LIMIT ANY NON‑WAIVABLE STATUTORY RIGHTS.

**12.2 Limited Exception.** Nothing in this EULA affects rights you cannot waive under applicable consumer protection laws. While this EULA describes the Game "as is", if you are habitually resident in the United Kingdom or any territory in the European Economic Area, you benefit from statutory rights regarding the conformity of digital content and updates, as set out in the Terms. Nothing in this EULA excludes or limits those rights. If you believe the Game is non‑conforming, please follow the remedy process set out in the Terms.

**12.3 Health & Safety.** Gameplay may cause photosensitivity, motion sickness, or repetitive strain. Take breaks and consult a physician if needed.

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## 13. Limitation of Liability and Indemnity

> **Key Points:** We limit our liability to the extent allowed by law. Some jurisdictions impose mandatory protections.

**13.1 Limitations.** To the maximum extent permitted by law, in no event shall Hypixel Studios Canada, its affiliates, and each of their respective parents, direct and indirect equity holders, predecessors, successors, and assigns, together with all of their respective directors, officers, employees, agents, advisors, consultants, financing sources, insurers, independent contractors, subcontractors, licensors, or other representatives acting for or on their behalf, in any capacity (collectively, the "Hypixel Studios Canada Parties") be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including any cost, expense, tax, or attorneys' fees), or for any loss or damage to your device, software, or data, or for any loss of profits, revenues, goodwill, reputation, or other intangible losses, arising out of, relating to, or in connection with this EULA or your access to, use of, or inability to use the Game, even if Hypixel Studios Canada or any other Hypixel Studios Canada Parties have been advised of the possibility of such damages and losses, and you hereby waive and release each of the Hypixel Studios Canada Parties from any and all such damages and losses.

**13.2 Cap.** In no event shall the total aggregate liability (such amount, being defined as the "Cap") of the Hypixel Studios Canada Parties for all damages and losses arising out of, relating to, or in connection with (a) this EULA or (b) your access to, use of, or inability to use the Game, exceed the greater of: (i) the amount, if any, paid by you (exclusive of any applicable tax) to Hypixel Studios Canada in the twelve (12) months preceding the event giving rise to the claim and (ii) one thousand (1,000) Canadian dollars. You agree that, subject only to Section 13.4, a monetary amount not exceeding the Cap is your sole and exclusive remedy against the Hypixel Studios Canada Parties for any and all damages and losses arising out of, relating to, or in connection with this EULA or your access to, use of, or inability to use the Game.

**13.3 Waiver and Assumption of Risk.** By installing or using the Game, you acknowledge and agree that you do so at your own risk.

**13.4 Exclusions.** Nothing in this EULA limits or excludes our liability for death or personal injury caused by negligence. Some jurisdictions do not allow the exclusion or limitation of certain warranties, losses, or liabilities. Accordingly, some of the above exclusions and limitations may not apply to you. In such cases, each of the Hypixel Studios Canada Parties' liability shall be limited to the maximum extent permitted by applicable law.

**13.5 Indemnity.** You agree to indemnify and hold each of the Hypixel Studios Canada Parties harmless from and against any third-party investigations, claims, liabilities, lawsuits, damages and losses, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this EULA; or (b) any information or content provided by you (including your Mods) that infringes, misappropriates, or otherwise violates any other person's intellectual property, privacy, or publicity rights when used by us in accordance with this EULA.

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## 14. Export Control & Legal Compliance

> **Key Points:** Follow export laws and local regulations. Don't use the Game where prohibited.

**14.1 Trade Controls.** You must comply with trade controls including export controls and economic sanctions of applicable jurisdictions, including those of Canada, the United States, the United Kingdom and the European Economic Area.

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## 15. Dispute Resolution & Governing Law

> **Key Points:** Disputes are handled under the Terms (arbitration and governing law).

**15.1 Governing Law & Venue.** This EULA shall be governed by and construed in accordance with the laws of the State of New York, without reference to any choice or conflict of laws principles. Unless subject to the terms relating to arbitration contained in the Terms, which are hereby incorporated into this EULA by reference, the state courts of the State of New York located in New York County shall have exclusive jurisdiction over any suit, action, or proceeding arising out of or relating to, disputes or claims that might arise under this EULA. Accordingly, the parties' consent to the personal jurisdiction of the courts in the State of New York and hereby waive any and all jurisdictional or venue defenses otherwise available to them. This Section will be interpreted as broadly as applicable law permits.

**15.2 Mandatory Provisions.** You may also benefit from any mandatory provisions of the law of the country in which you are habitually resident, and nothing in this EULA affects those rights.

**15.3 CISG.** For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) shall not apply to this EULA or to any dispute arising out of or relating to this EULA.

**15.4 Dispute Resolution.** Disputes arising from or relating to this EULA are subject to the dispute resolution provisions in the Terms.

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## 16. Changes to this EULA

> **Key Points:** We may update this EULA. We'll notify you of material changes. If you keep using the Game, you accept the changes.

**16.1 Changes to the EULA.** We may update this EULA, including any of the Policies from time to time at our sole and entire discretion, and may adopt additional Policies. To the extent and in the manner required by applicable law, we will provide reasonable notice of such updates. Where applicable law requires prior notice within a specified period for material changes, we will provide such prior notice (for example, by email, via the Hytale Launcher, by in-Service notice, or by posting on our website) and specify the effective date. To the extent permitted by applicable law, continued use by you after the effective date of the updated EULA constitutes acceptance. If you disagree with any of the updates to this EULA, you shall terminate this EULA as set out in Section 11.3.

**16.2 Notice to Certain Users.** For users habitually resident in the United Kingdom or the European Economic Area, we will only make changes to this EULA for valid reasons, including to reflect changes in law or regulatory requirements, to maintain security or safety, to address technical or performance issues, to prevent abuse, or to introduce, improve, or remove features.

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## 17. General Provisions

> **Key Points:** Standard legal terms about how this agreement works.

**17.1 Severability.** If any provision of this EULA is found unenforceable, the remaining provisions will remain in full force and effect.

**17.2 Interpretation.** The Key Points and section headers in this EULA are for convenience and will not impact the interpretation of this EULA. In all cases where we are allowed to make a decision under this EULA, that decision is completely up to us, in our sole discretion. Even when not specified elsewhere in this EULA, the EULA is subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word "including" or similar is found in the Terms, it means "including, without limitation" and whenever the word "or" is found in the Terms, it means "and/or."

**17.3 No Waiver.** Failure to enforce any term is not a waiver of future enforcement.

**17.4 Assignment.** You may not assign this EULA without our prior written consent. We may assign this EULA, including in connection with a merger, amalgamation, or sale of assets.

**17.5 Force Majeure.** We are not responsible for delays or failures caused by events beyond our reasonable control.

**17.6 Investigations; Cooperation with Law Enforcement.** We reserve the right to investigate and prosecute any suspected or actual violations of this EULA. We may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

**17.7 Prevailing Language.** To the extent any of the Terms are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms and any other language version, the English version will govern and prevail. The foregoing does not apply to you if you are habitually resident in the Province of Quebec, Canada, in which case the French version of the Terms will govern and prevail.

**17.8 Contact.** For questions about this EULA, contact us at [support.hytale.com](https://support.hytale.com).
