Legal

End User Licence Agreement

Effective date: 22 July 2026

Please read this End User Licence Agreement carefully. By downloading, installing, launching or using Birds of War, you agree to be bound by this agreement. If you do not agree, do not install or use the Game.

1. Agreement and eligibility

This End User Licence Agreement, or EULA, is a legal agreement between you and HexNest Games ("HexNest", "we", "us" or "our") concerning Birds of War, including its software, updates, online services, downloadable content and related materials (collectively, the "Game").

You must be at least 13 years old to use the Game. If you have not reached the age of legal majority where you live, a parent or legal guardian must review and accept this EULA for you and supervise your use of the Game.

2. Limited licence

Subject to this EULA and any applicable Steam terms, HexNest grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the Game for your own non-commercial entertainment. The Game is licensed, not sold. No ownership interest is transferred to you.

3. Restrictions

You must not, except where applicable law expressly permits you to:

  • copy, sell, rent, lease, distribute, sublicense or commercially exploit the Game;
  • reverse engineer, decompile, disassemble, derive source code from or circumvent technical protection measures in the Game;
  • modify the Game except through tools, modding features or permissions expressly provided by HexNest;
  • use cheats, bots, automation, exploits, unauthorised software or any method that interferes with gameplay, matchmaking, security or another player;
  • remove or alter copyright, trademark or other proprietary notices; or
  • use the Game in breach of any law, regulation or third-party right.

4. Online play and conduct

Birds of War includes online multiplayer and proximity voice chat. You are responsible for your communications and conduct. You must not harass, threaten, impersonate, defraud or unlawfully discriminate against others; share unlawful or infringing content; disrupt services; evade enforcement; or compromise another person's privacy or security.

We may investigate suspected misconduct and may warn, mute, suspend or permanently restrict access where reasonably necessary to protect players, the Game or our services. Platform-level action may also be taken by Steam under its own rules.

5. Updates and online services

The Game may be updated automatically. Features, balance, content, system requirements and online services may change over time. We may suspend or discontinue an online feature where reasonably required for maintenance, security, legal, technical or commercial reasons. Nothing in this section limits rights or remedies that cannot lawfully be excluded.

6. Virtual items and purchases

Any virtual items or cosmetic content are licensed for use within the Game and do not constitute money, stored value or personal property. They cannot be redeemed for cash except where required by law. Purchases, billing and refunds made through Steam are also governed by Steam's applicable terms and refund rules.

7. Mod Kit and community content

If you use the Birds of War Mod Kit or publish custom maps or other community content, you must follow the Mod Kit documentation, Steam Workshop terms and any separate third-party licence that applies. Use of Unreal Engine tools may require your own valid licence from Epic Games.

As between you and HexNest, you retain rights in original content you create. You do not acquire rights in the Game, HexNest assets, Unreal Engine technology or other third-party materials. By submitting community content for use with the Game, you grant HexNest a worldwide, non-exclusive, royalty-free licence to host, reproduce, display, distribute, adapt for technical compatibility and promote that content in connection with the Game and its community. You confirm that you have the rights needed to grant this licence. We may remove content that infringes rights, breaks platform rules, creates security or compatibility risks, or breaches this EULA.

8. Ownership

HexNest and its licensors own the Game and all associated intellectual property, including its code, gameplay systems, characters, art, audio, text, branding and derivative works, except for material expressly identified as belonging to another owner. All rights not expressly granted by this EULA are reserved.

9. Third-party platforms and services

The Game may use or connect to services supplied by third parties, including Steam. Your use of those services is governed by their own agreements and privacy policies. HexNest does not control and is not responsible for third-party services, except to the extent responsibility cannot lawfully be excluded.

10. Privacy

Our collection and use of personal information is described in the Birds of War Privacy Policy. By using online features, you acknowledge that network, account, gameplay, security and diagnostic data may be processed as described in that policy and applicable platform policies.

11. Consumer rights

Nothing in this EULA excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified. The exclusions and limitations in this EULA apply only to the maximum extent permitted by law.

12. Game warranty disclaimer

Subject to Section 11, the Game is provided "as is" and "as available". To the maximum extent permitted by law, HexNest disclaims all representations, warranties, guarantees, conditions and other terms, express, implied, statutory or otherwise, including as to merchantability, acceptable quality, fitness for a particular purpose, title, non-infringement, accuracy, security, compatibility, availability and uninterrupted or error-free operation.

13. Unreal Engine notice and disclaimer

The Game was made using Unreal Engine and contains Unreal Engine technology in object code form as an inseparable part of the Game. You may use that technology only as incorporated in the Game and only as necessary to use the Game as permitted by this EULA. You may not extract Unreal Engine technology or incorporate it into another product, service or project.

To the maximum extent permitted by law, all representations, warranties, guarantees, conditions, duties and liabilities of every kind relating to Unreal Engine or other technology licensed by Epic Games are expressly disclaimed, whether express, implied, statutory or otherwise. This includes any representation, warranty or condition concerning merchantability, acceptable quality, fitness for a particular purpose, title, non-infringement, accuracy, security, compatibility, availability, freedom from harmful code, or uninterrupted or error-free operation.

To the maximum extent permitted by law, Epic Games, Inc., its affiliates, licensors and service providers have no liability arising out of or relating to your possession or use of the Game or Unreal Engine technology, including any direct, indirect, incidental, special, consequential, exemplary or punitive loss, loss of data, loss of profits, business interruption, device damage or other loss, however caused and under any theory of liability. HexNest makes no representation that Epic Games sponsors, endorses or supports the Game, and Epic Games is not responsible for the Game or its support.

This Section 13 is subject to Section 11 and does not exclude liability that cannot lawfully be excluded.

Birds of War uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States and elsewhere.

Unreal® Engine is copyright © 1998-2026 Epic Games, Inc. All rights reserved.

14. Limitation of liability

Subject to Section 11, neither HexNest nor its owners, personnel, contractors or licensors will be liable for indirect, incidental, special, exemplary, punitive or consequential loss; loss of profits, revenue, opportunity, goodwill or data; or business interruption arising from or relating to the Game, even if advised that such loss was possible. To the maximum extent permitted by law, HexNest's total aggregate liability arising from or relating to the Game or this EULA will not exceed the amount you paid for the Game.

15. Termination

This EULA continues until terminated. You may terminate it by uninstalling the Game and ceasing all use. Your licence terminates automatically if you materially breach this EULA. On termination, you must stop using and delete the Game, subject to any continuing platform rights or legal requirements. Sections concerning ownership, disclaimers, liability, governing law and any terms intended by their nature to survive will remain in effect.

16. Governing law and general terms

This EULA is governed by the laws of Victoria, Australia, without regard to conflict of law principles. Subject to any mandatory right to bring a claim elsewhere, the courts of Victoria have non-exclusive jurisdiction. If a provision is unenforceable, it will be limited or removed only to the minimum extent necessary and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not assign this EULA without our written consent. We may update this EULA by posting a revised version and, where required, giving reasonable notice.

17. Contact

Questions about this EULA may be sent to:

hexnestgames@gmail.com