End User License Agreement

Effective Date: December 1st, 2024

IMPORTANT: PLEASE READ—BY ACESSING, USING, DOWNLOADING OR INSTALLING 5X SERVICES AND/OR SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS EULA!!

IF YOU DON’T AGREE TO THIS EULA OR DO NOT POSSESS LEGAL CAPACITY TO CONTRACT IN YOUR COUNTRY—DO NOT USE, ACESS, DOWNLOAD OR INSTALL 5X SERVICES AND/OR SOFTWARE!!

Introduction

Welcome, and thank you for your interest in installing, using, downloading or accessing 5X’s mobile game software, automatic updates, add-ons, supplements, internet-based services and media dedicated to that software (collectively, the “Services”). By installing, using, downloading or accessing our Services you signify that you have read, understood and agree to be bound by this End User License Agreement and any additional terms and conditions, notices and disclaimers displayed in the Services (collectively, the “EULA”), and have also read, understood, and agree to be bound by the Services’ Privacy Policy (“Privacy Policy”), whether or not you are a registered user of the Services. In this EULA, “5X”, “us”, “we”, or “our” means 5X Entertainment Company Limited. This EULA applies to all visitors, users, and others who access the Services. All references to “you” or “your”, as applicable, mean the person who accesses or uses the Service in any manner, and each of your heirs, assigns, and successors. If you don’t agree with the EULA, please do not use the Services. If you are not an adult in your country, please do not use the Services.

Our Services and Software are updated periodically. 5X in its sole discretion may or may not update the Software, but has no obligation to provide you with any updates. We reserve the right to add, change or to discontinue any part of our Software in any way, solely in our discretion.

Please review and refer to the Privacy Policy to understand the Services’ collection, use, transmission and disclosure of your personal information provided by or collected from you and the choices you have when you use the Services.

Some exceptions to the EULA may apply based on your country of residence. Any such exceptions are stated in the country-specific sections below.

If you breach the terms of this EULA, 5X may take actions against you, including but not limited to terminating your account or access to the Services at any time for any reason, without notice or liability to you and in its sole discretion. You acknowledge that 5X has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

  1. Use of Services

By accessing our Services, you are warranting that you are an adult (not under the age of legal majority in the jurisdiction and instance that you access our Services) and are agreeing that you will comply with the terms and conditions of this EULA. If you are under the age of legal majority in the jurisdiction and instance that you access our Services (“minor”), we will not be able to provide to you our Services.

  1. Device Usage

You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the telecommunication service provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.

5X does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.

  1. Usage License

(a) License Grant. Subject to the terms of this EULA, 5X grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Services on a mobile device and to run such copy of the Services solely for your own personal, non-commercial purposes. All title and copyrights in and to the Services (including but not limited to any content, images, graphics, video, audio, text and other features incorporated in the Services), and any copies of the Services are protected by the copyright laws and international treaty provisions, as well as other intellectual property laws. Except as expressly permitted in this EULA or under applicable law, you may not directly or indirectly: (a) copy, modify, or create derivative works based on the Services or any accompanying materials therein; (b) distribute, transfer, sublicense, lease, lend, or rent the Services or any accompanying materials therein to any third party; (c) reverse engineer, decompile, or disassemble the Services or any accompanying materials therein (Any such modification shall remain the exclusive property of 5X) ; or (d) make the functionality of the Services available to multiple users through any means. You agree to hold in the strictest confidence all code and other technical elements of the Services and Software. 5X reserves all rights in and to the Services not expressly granted to you under this EULA.

With the exception of third-party materials and user-generated materials as addressed below, all content of our Services, including but not limited to user accounts, virtual items, virtual currency, text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files (“5X Content”) is proprietary of 5X and its licensors. 5X hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to run, reproduce and display 5X Content on your Device solely for your personal and non-commercial use.

Except as permitted by this EULA, you may not copy, modify, translate, distribute, transmit,reveal, report, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any 5X Content. Any unauthorized use of 5X Content may violate our copyright, trademark, patent, trade secret, or other applicable rights and will result in the termination of this license. Except only as expressly set forth in this EULA, this EULA does not grant to you any license to any intellectual property rights or other proprietary rights.

(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.

(c) No Sale. You agree that our Services and any 5X Content are at all times licensed and not sold under any circumstances.

  1. Virtual Items and Virtual Currency

5X owns, has licensed, or otherwise has the rights to use all 5X Content appearing or originating in our Services, including, virtual items ("Virtual Items") and virtual currency (collectively, the “Virtual Currency”). Virtual Items and Virtual Currency are provided solely for your personal and non-commercial use. They may only be used in our Services: they have no “real world” value, monetary or otherwise, and are non-redeemable and non-transferable outside the Services. Any balance of Virtual Items or Virtual Currency does not reflect any stored value and you agree that Virtual Currency and Virtual Items have no monetary value and do not constitute currency or property of any type. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in our Services by the terms of this EULA; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

Virtual Currency may be redeemed only for Virtual Items for use in the Services, and can never be sold, transferred, redeemed or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Currency and/or Virtual Items from us and through means provided by us, and not from any third party unless expressly authorized by us. Once you acquire a license to Virtual Currency or Virtual Items, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, and considered as a violation of this EULA and may result in cancellation of such Virtual Currency or Virtual Items or the termination of your User account.

During the term of your license to your Virtual Currency, you may redeem your Virtual Currency for selected Virtual Items. As set forth below, all Virtual Currency, Virtual Items, and other 5X Content is provided “as is” and “as available”, without any warranty. You agree that all sales by us to you of Virtual Currency and Virtual Items are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Items once the transaction has been made.

Generally, we have the right to offer, modify, eliminate, and/or terminate User Account, Virtual Currency, Virtual Items, the 5X Content, and/or the Services, or any portion thereof, at any time for any reason, without notice or liability to you and in its sole discretion. If we discontinue the use of Virtual Currency or Virtual Items, we will generally provide a non-binding advance notice to you by posting a notice through the Services or through other communication methods.

  1. Orders and Payment

(a) Orders. You may purchase, with “real world” money, a limited license to access our Services (where our Services is made available for a fee) and/or limited licenses to use Virtual Items or Virtual Currency (collectively, the “Access”), and you agree that all Access purchases are final. If you order Access that becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor.

Your orders for Access are offers for use of that Access content, and if accepted that Access content will be immediately downloaded to your account. You expressly consent to making available of that Access content immediately upon our acceptance of your order for Access, resulting on a complete and irreversible transaction between you and 5X. If you are a resident of the European Economic Area (“EEA”) and you purchase Access from us, the right to withdraw from such purchases within 14 days of the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order Access from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on your acceptance and you understand and agree that 5X provides no refunds whatsoever for any purchases.

(b) Charges, Taxes. You are responsible for and will pay all fees, charges, and applicable taxes incurred by you or anyone using a game account registered to you. Note also that you may be charged use, VAT, sales, or like tax on your orders as applicable.

  1. Third-Party Content and Services

(a) Links to Content. Our Services may contain links to third-party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. 5X is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed, or views espoused on or in, such websites or content, and 5X does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content, and disclaims any liability for any aspects of any websites you access via direct access or access through our Service or Software functionality. 5X's inclusion of any linked website or third-party content in connection with our Services does not imply approval or endorsement of such website or content by 5X. If you follow a link to a third-party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and the Privacy Policy and other policies and practices do not apply to any information gathered by such third party.

(b) Advertising. 5X takes no responsibility for third-party advertisements or third-party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third-party advertisements through our Services, nor does it take any responsibility for goods or services provided by its advertisers. 5X is not responsible for the conduct, whether online or offline, of any user of the Services. Reference to any products, services, content, or other information, whether by trade name, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by 5X.

(c) Third-Party Services. Our Services may provide direct integration/access or the option to services of third parties (“Accessed Services”). The above paragraphs (a) and (b) apply equally to Accessed Services. Further, you agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.

  1. User—Generated Content

(a) Your Responsibility. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are fully and solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, the “User Content”) that you post, transmit, or share, and you are fully and solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this EULA.

(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and 5X, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting any User Content, you (i) authorize 5X to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, transmission of, and the access to, such User Content; and (ii) grant to 5X a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, 5X may retain archived copies of your User Content for as long as is necessary for administrative purposes, and, if 5X has used your User Content prior to removal, 5X may continue to use your User Content in any manner 5X previously had used such content unless privacy laws applicable to you provide otherwise. (For example, if your User Content was included in an advertisement, 5X may continue to use such advertisement.)

(c) No Liability for User Content. 5X has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content. Such User Content does not necessarily reflect the opinions, positions, or policies of 5X. Although 5X provides rules and principles for user conduct and postings, 5X does not control, and has no liability to you or anyone for, what users post, transmit, or share, or any other forms of User Content. Further, 5X has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.

  1. User Conduct

(a) General. You may use our Services solely for your personal and non-commercial use.

You represent, warrant, and agree that:

In addition to the above, you agree not to do any of the following in connection with our Services or Accessed Services:

(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(c) Legal Action by 5X. 5X reserves the right to investigate and take legal action against violators of this EULA, or any other app, game or site-specific terms of use as appropriate.

  1. Content Removal & Termination

(a) Right to Remove. 5X reserves the right, at any time for any reason, without notice or liability to you and in its sole discretion, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to deny, restrict, suspend, discontinue, or terminate access to our Services or Accessed Services or any portion thereof, including any accounts created, at any time with or without prior notice or explanation, for any or no reason, and without liability, including where 5X determines or believes, in its sole discretion, that you have violated this EULA or to protect 5X, third parties, our Services, or users of the Services from perceived harm. You acknowledge that 5X has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account. Furthermore, you agree and acknowledge that 5X has the right to report users to law enforcement authorities where necessary. 5X reserves the right to terminate your account if there has been no account activity for more than one (1) year.

(b) Right to Monitor. You acknowledge that 5X has no obligation to monitor or record your access to or use of our Services or Accessed Services, including any accounts, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this EULA, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

(c) Upon termination of any Services or your account, the following provisions of this EULA will survive: Sections 2, 3, 4, 5, 6, 7, 9, 12, 13, 14, 15, and 17 and this sentence on termination.

(d) An account that has been terminated, for whatever reason, including accidental deletion of the mobile application by the user, cannot be revived and all data, information, material and other content associated with it shall be deemed lost, inaccessible or unrecoverable with no responsibility or liability to 5X.

  1. Privacy

The privacy of the users of the Services is important to 5X. Our Privacy Policy, which is incorporated into this EULA by reference.

  1. Policy on Infringing Use

(a) Policy Statement. 5X respects the intellectual property rights of others and expects its users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services or Accessed Services any materials that violate third-party intellectual property rights. Further, in accordance with 5X's repeat infringer policy expressed in our Copyright Infringement notice and incorporated herein by reference, it is the policy of 5X to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including 5X's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services or Accessed Services for users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law. In addition, you agree and acknowledge that 5X has the right to disclose the identity of users to third parties who are claiming infringement of intellectual property or privacy rights, unless otherwise stated by applicable law.

(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify 5X's designated copyright agent for receiving claims of copyright infringement as outlined in more detail in our Copyright Infringement notice. Please note that certain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.

  1. Disclaimers: No Warranties

YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND 5X HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHERMORE, 5X HEREBY EXPRESSLY DISCLAIM ANY LOSS OR DAMAGE CAUSED AS A RESULT OF, INCLUDING, BUT NOT LIMITED TO, ACCIDENT, ABUSE, MISAPPLICATION, VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL ARISING FROM A USER'S USE OF THE SERVICES, AND USERS ARE RESPONSIBLE FOR USING THEIR OWN VIRUS PROTECTION SOFTWARE.

5X MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 5X MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.

  1. Limitation of Liability

IN NO EVENT WILL 5X, AND THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, OR ITS AND THEIR RESPECTIVE DIRECTORS, CONSULTANTS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF 5X IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, 5X SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR SERVICES AND SOFTWARE WITH ANY OTHER APPLICATION OR SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, 5X'S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LEGAL THEORIES, AND CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IF ANY, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS), BEING YOUR SOLE AND EXCLUSIVE REMEDY, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CLAIM OR CAUSE OF ACTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE 5X'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.

  1. Disputes

(a) With Third Parties. You are fully and solely responsible for your interactions with third parties.

(b) Governing Law. You agree that the laws of HONG KONG, excluding its conflicts of law rules, will govern this EULA and any dispute between you and 5X.

(c) Jurisdiction and Venue. You and 5X agree to submit to the exclusive and final jurisdiction of, and venue in, Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted with respect to any dispute, controversy, difference or claim arising out of or relating to this EULA, between you and 5X. The seat of arbitration shall be Hong Kong. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or 5X from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

(d) If you are a resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.

  1. Indemnity

You agree to indemnify and hold harmless 5X, its respective affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services or Accessed Services; (ii) your breach of this EULA or our Privacy Policy; and (iii) your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this EULA, our Privacy Policy, or your use of our Services.

  1. Changes to EULA

We reserve the right to change, revise, amend or modify this EULA at any time, in any way, solely in our discretion. If we change this EULA in a material way, we will give notice of that in the Services, on our website(https://tsubasa-ace.mbgadev.world/en/), and/or by email to any email address we may have for you at that time. If you do not accept any such updated EULA you must uninstall the Software from your computer and cease and your use of our Services. Failure to uninstall the Software or your continuous access or use of our Services after we have changed the EULA will indicate that you have read, understood and agree to be bound by the updated EULA.

  1. Miscellaneous

You accept this EULA by accessing, using, downloading or installing 5X Services. This EULA constitutes the entire agreement between you and 5X regarding your use of our Services. If any provision of this EULA is determined to be invalid or unenforceable such provision will be deemed severed from this EULA and the remaining provisions of this EULA will not be affected thereby and will continue to be binding upon you and enforceable. The failure of 5X to enforce any term or insist upon strict performance of any of the provisions contained in this EULA will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this EULA. This EULA and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. 5X may freely assign this EULA and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, our website, by email, or by any other means that you may inform us of.

In addition to any other limitations which may be set forth herein, 5X shall not be responsible for events which are out of the control of 5X and which negatively impact the performance or use of the Service and Software, such as acts by governmental authorities, acts of God or other acts no within the reasonable control of 5X.

Members understand and agree that some in-game assets may be under supervision or review, and their final form, content, or presentation may differ from the promotional materials, previews, or the current version. We reserve the right to modify, optimize, or adjust the game assets.

Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third-party beneficiaries of this EULA, and will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.