IMPORTANT - READ CAREFULLY
This EULA is a legal agreement between you and BluJay131 Holdings LLC for the NekoByte software application. By installing or using the Software, you agree to this EULA.
If you do not agree, do not install or use the Software.
Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for personal or internal business use.
You must be legally able to enter this agreement in your jurisdiction, or use the Software with permission from a parent, guardian, or other person legally authorized to accept this EULA on your behalf where applicable.
This Steam edition is intended for worldwide distribution where Steam makes it available, subject to platform rules, export controls, sanctions laws, mandatory local law, and regional ratings, content, or availability restrictions.
Except where applicable law clearly permits otherwise, you may not reverse engineer, decompile, or disassemble the Software, remove proprietary notices, redistribute or sublicense the Software, or use it for unlawful, malicious, abusive, or unauthorized purposes.
Some NekoByte features can modify local system settings, registry values, power plans, Explorer or taskbar behavior, and similar Windows configuration. You are responsible for reviewing proposed changes and creating backups or restore points before applying them.
This edition is distributed through Steam. Valve's terms, policies, and technical requirements also apply to Steam, Steam Workshop, Steam payments, refunds, downloads, updates, and related platform features.
Third-party components remain subject to their own licenses where applicable.
The Software is designed to process core functionality locally on your device. Steam-managed functions are handled by Valve. If you contact us directly, we may process the information you choose to send as described in the Privacy Policy.
This license remains effective until terminated. We may suspend or terminate it if you materially breach this EULA. On termination, you must stop using the Software and delete copies under your control, except to the extent retention is required by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEKOBYTE, BLUJAY131 HOLDINGS LLC, AND THEIR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS EULA WILL NOT EXCEED THE GREATER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this EULA excludes or limits non-waivable consumer rights.
Before either party starts arbitration or files a claim that this EULA allows to be filed in court, the parties agree to try to resolve the dispute informally for 30 days after written notice is sent to [email protected], unless urgent injunctive relief is reasonably required.
To the maximum extent permitted by applicable law, disputes relating to the Software or this EULA that are not resolved informally will be resolved by binding individual arbitration rather than by lawsuit in court, except for small-claims matters that qualify, claims for temporary or preliminary injunctive relief to protect intellectual property, security, or platform integrity, and claims that applicable law says cannot be arbitrated.
The arbitration will be governed by the Federal Arbitration Act and, where not inconsistent, Washington law. Unless the parties agree otherwise, the arbitration will be administered by the American Arbitration Association under its applicable rules. Hearings will occur in Spokane County, Washington, unless the parties agree to remote proceedings or another permitted location.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND NEKOBYTE WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
If you are a consumer resident in a jurisdiction whose mandatory law restricts pre-dispute arbitration, class-action waivers, foreign venue, or foreign governing-law clauses, those restrictions apply only to the extent permitted by that mandatory law.
You may opt out of the arbitration and class-action-waiver section by sending a written opt-out request to [email protected] within 30 days after your first use of the Software. Your request must identify you and clearly state that you are opting out of arbitration.
This EULA is governed by the laws of the State of Washington, without regard to conflict-of-law rules, except to the extent superseded by mandatory applicable law. Nothing in this EULA deprives you of any mandatory consumer protections you are entitled to under the law of your usual place of residence.
For disputes that may properly be heard in court, you and BluJay131 Holdings LLC consent to exclusive venue in the state or federal courts serving Spokane County, Washington, unless mandatory law in your jurisdiction requires otherwise.
This EULA, together with the Terms of Service, Privacy Policy, Cookie Policy, and Warranty Disclaimer, forms the agreement between you and us regarding the Software.
You agree to comply with applicable export, re-export, sanctions, and trade control laws. You may not use the Software in violation of those laws.
For support, privacy requests, legal notices, or other inquiries, contact [email protected] or BluJay131 Holdings LLC, 522 W Riverside Ave Ste N, Spokane WA 99201, United States.