End-User License Agreement

Welcome to THE LEGEND OF CALIFORNIA (the “Game”)! The Game is a copyrighted work belonging to Kintsugiyama, Inc. (“Company”, “us”, “our”, and “we”). This End-User License Agreement sets forth the legally binding terms and conditions that govern your use of the Game (the “EULA”, “Agreement” or “Terms”). This EULA forms part of, and is incorporated into, our Terms of Service (the “Terms of Service”), which govern your use of the Game and our related services. References in this EULA to “these Terms” mean this EULA and not the Terms of Service.

By downloading, installing, using or accessing the Game, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements below; and (iii) accept this EULA and agree that you are legally bound by it. If you do not agree to these Terms, you may not download, install, use or access the Game.

EARLY ACCESS NOTICE: THE GAME IS PROVIDED AS AN EARLY ACCESS, BETA, OR PRE-RELEASE VERSION AND IS NOT A FINAL PRODUCT. THE GAME MAY CONTAIN BUGS, ERRORS, AND OTHER ISSUES THAT MAY AFFECT FUNCTIONALITY, PERFORMANCE, OR DATA. BY USING THE GAME, YOU ACKNOWLEDGE AND AGREE THAT (A) THE GAME MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE, AND (B) YOUR USE OF THE GAME IS AT YOUR OWN RISK.

1. Access to the Game

1.1 Eligibility. Only persons meeting the following requirements may use the Game:

(a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound by all of the terms of this EULA; or

(b) Persons who are at least 16 years old but under the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to be bound by all of the terms of this EULA.

1.2 License. Subject to the terms of this EULA and your continued compliance therewith, and provided that you meet the requirements in either Section 1.1(a) or 1.1(b) above, Company grants you a limited, non-transferable, non-exclusive, revocable license to download and install the Game for your personal, non-commercial use in accordance with the Game’s documentation.

1.3 Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Game, whether in whole or in part, or any content displayed on the Game; (b) you will not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (c) you will not access the Game to build a similar or competitive website, product, game or service; (d) except as expressly stated in this EULA, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, or other addition to functionality of the Game will be subject to this EULA. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies.

1.4 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part of it.

1.5 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game. Features, content, and functionality may be incomplete, change without notice, or be removed entirely. We make no representations or warranties regarding uptime, availability, or continued support of any aspect of the Game.

1.6 Ownership. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this EULA, or any other rights other than to use the Game in accordance with this EULA. Company and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to you in this EULA. Neither this EULA (nor your access to the Game) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.2. Company and its suppliers reserve all rights not granted in this EULA. There are no implied licenses granted under these Terms.

2. Acceptable Use

2.1 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any communication of any kind that: (i) violates Section 1.3 or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) interfere with the operation of the Game or any systems used to provide it or any other user’s use and enjoyment of the Game; or (vii) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game or use any automated means to otherwise access or use the Game in a manner that sends more requests than a human could reasonably produce.

2.2 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating this EULA in accordance with its terms and/or reporting you to law enforcement authorities.

2.3 Feedback. If you provide Company with any feedback, information, ideas, comments or suggestions of any kind, including but not limited to feedback related to the Game or other Company projects (collectively “Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3. Device Requirements

The Game may require certain minimum system or device requirements and/or only be accessible via third-party application marketplaces where the application can be downloaded. The device requirements should be listed on the official page where the Game may be purchased or downloaded.

4. Early Access Features

The Game is provided as an early access version and may include incomplete or experimental features (“Early Access Features”). Company may add, remove, modify, or disable any Early Access Features at any time without notice. You acknowledge that certain features may never be released in a final version of the Game.

5. Updates

Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality and may be deployed without prior notice. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions of it may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this EULA. You acknowledge that your use of the Game may result in loss of data, including saved progress or settings. Company reserves the right to reset, modify, or delete such data at any time, including in connection with testing, updates, or future releases of the Game. Company does not guarantee that any progress made during early access will carry over to any future version of the Game.

6. Indemnification

You agree to indemnify, defend and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from and against any injuries, losses, damages, claims, suits, liabilities, judgments, costs and expenses (without limitation, all reasonable attorneys’ fees and expenses) of any nature due to or arising out of (a) your use of the Game, (b) your violation of this EULA, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. Release

7.1 Release of Claims. YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE GAME (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER GAME USERS OR ANY THIRD PARTY MATERIALS).

7.2 California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. Disclaimers

8.1 General Disclaimer. THE GAME IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERRUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

8.2 Unreal Disclaimer. THIS EULA SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO THE UNREAL ENGINE.

8.3 Note Regarding Disclaimers. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Limitation on Liability

9.1 Limitations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU AND RECEIVED BY COMPANY, IF ANY, FOR YOUR LICENSE TO THE GAME. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

9.2 Note Regarding Limitations on Liability. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Term and Termination

Subject to this Section, this EULA will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. Upon termination of your rights under this EULA, your right to access and use the Game will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under this EULA. Even after your rights under this EULA are terminated, the provisions of this EULA which by their nature should survive termination will survive it, including without limitation: Sections 1.1, 1.6, 2, and 6 through 11.

11. General

11.1 Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Game. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

11.3 Disputes.

(a) Venue. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Game will be instituted exclusively in the state and federal courts within Orange County, California. You irrevocably consent to the personal jurisdiction of the courts of Orange County, California and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(b) Waiver of Jury Trial. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE COMPANY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE IN SECTION 1.2 TO YOU.

(c) Waiver of Class Action Claims. THE PARTIES AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE COMPANY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE IN SECTION 1.2 TO YOU.

(d) Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM EITHER PARTY MAY HAVE AGAINST THE OTHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11.4 Consumers in the European Union, the EEA, and the United Kingdom. If you use the Game as a consumer and you are habitually resident in the European Union, the European Economic Area, or the United Kingdom, or in any other jurisdiction whose law grants consumers rights that cannot be waived by agreement, this Section 11.4 applies to you and prevails over any conflicting provision of this EULA.

(a) Mandatory Local Rights. Nothing in this EULA, including the choice of law in Section 11.2, deprives you of the protection of any provision of the law of your country of habitual residence that cannot be derogated from by agreement. Where such a provision affords you greater protection than this EULA, that provision applies.

(b) Where Claims May Be Brought. You may bring proceedings against us in the courts of your country of habitual residence, and we will bring proceedings against you only in those courts. Section 11.3(a) applies to you only to the extent it does not restrict that right.

(c) Waivers and Time Limits. The waiver of jury trial in Section 11.3(b), the waiver of class action claims in Section 11.3(c), and the limitation on the time for bringing claims in Section 11.3(d) apply to you only to the extent permitted by the law of your country of habitual residence, and do not apply where that law prohibits them or does not give them effect.

(d) Liability That Cannot Be Excluded. Nothing in Section 7, Section 8, or Section 9 excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Your statutory rights as a consumer, including any statutory remedies in respect of digital content or digital services that are not as described or not of the quality required by applicable law, remain unaffected.

11.5 Export. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

11.6 Disclosures. Company has the mailing address listed below in Section 11.13. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.7 Electronic Communications. The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing. The foregoing does not affect your non-waivable rights.

11.8 Privacy. Our collection, use, and disclosure of personal data in connection with the Game and our related services is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data practices and your rights, including how to contact us about your personal data.

11.9 Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable under applicable law, such term or provision will be deemed deleted solely to the extent of such invalidity and solely with respect to the persons or circumstances as to which it has been held invalid or unenforceable, and the remainder of the provision shall be modified, rewritten, or otherwise interpreted by the court to include as much of its nature and scope as will render it enforceable, and all other provisions of this Agreement will continue in full force and effect.

11.10 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase terms, the terms of this Agreement will govern. Conflicts between this Agreement and the Terms of Service are resolved under Section 11.11.

11.11 Entire Terms. This EULA, together with our Terms of Service and our Privacy Policy, constitutes the entire agreement between you and us regarding the use of the Game. In the event of a conflict between this EULA and the Terms of Service, this EULA governs as to the license to and use of the Game client, and the Terms of Service govern as to all other matters. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.

11.12 Copyright/Trademark Information. Copyright © 2026 Kintsugiyama, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns them.

11.13 Contact Information.

Kintsugiyama, Inc.
30511 Avenida De Las Flores #1034
Rancho Santa Margarita, CA 92688
privacy@kintsugiyama.com