Hytale Shared Source Agreement
Version: 2.0
Effective Date: 2026-07-21
1. INTRODUCTION AND ACCEPTANCE
1.1 This Hytale Shared Source Agreement (the "Shared Source Agreement") is between you ("you") and Hypixel Studios Canada Inc. ("Hypixel Studios Canada", "we", "us", or "our") and governs your participation in Hytale's shared source code program (the "Program").
1.2 Your participation in the Program, and your access to or use of any Licensed Materials, constitute your acceptance of this Shared Source Agreement. If you do not agree, do not participate in the Program or access or use any Licensed Materials.
1.3 We may modify or update this Shared Source Agreement from time to time at our sole and entire discretion. To the extent and in the manner required by applicable law, we will provide reasonable notice of such modifications and 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-Game notice, or by posting on our website) and specify the effective date. To the extent permitted by applicable law, continued use after the effective date of the updated Shared Source Agreement constitutes acceptance. If you disagree with any of the updates to the Shared Source Agreement, you may terminate the Shared Source Agreement as set out in the termination provisions herein.
1.4 This Shared Source Agreement, together with the EULA and the Terms, constitutes the entire agreement between you and us regarding your eligibility and participation in the Program, and supersedes and replaces all prior agreements between you and us regarding the same subject matter.
1.5 If you entered into the Temporary Hytale Shared Source License Agreement dated as of June 22, 2026 (the "Interim Agreement"), you acknowledge and agree that: (a) the Interim Agreement was an interim and temporary agreement intended to govern your participation in the Program until this Shared Source Agreement became available; (b) on the Effective Date, this Shared Source Agreement supersedes and replaces the Interim Agreement in its entirety and the Interim Agreement ceases to apply; (c) your continued participation in the Program or your access to or use of any Licensed Materials is governed solely by this Shared Source Agreement; and (d) any rights and obligations that accrued under the Interim Agreement before the Effective Date, and any provisions of the Interim Agreement that by their nature survive its expiration or termination (including its confidentiality obligations), remain in effect in accordance with their terms.
1.6 This Shared Source Agreement is subject to, and does not modify, the EULA or the Terms. In the event of any conflict or inconsistency between this Shared Source Agreement and the EULA or the Terms with respect to your participation in the Program or your access to or use of the Licensed Materials, this Shared Source Agreement will control; in all other respects, the EULA and the Terms will control.
2. DEFINITIONS
For purposes of this Shared Source Agreement, the following terms have the meanings given below:
"Account" means a valid registered user profile enabling access to (a) the Game, and (b) online services, websites, and other features related to the Game.
"Contribution" means any work of authorship, including source code, patches, bug fixes, error corrections, modifications, configurations, tests, and related documentation, that you submit to Hypixel Studios Canada for inclusion in the Program in accordance with this Shared Source Agreement. To the extent you provide any of the foregoing to Hypixel Studios Canada with a clear and conspicuous notice of "NOT A CONTRIBUTION", such items will not be deemed a Contribution for the purpose of this Shared Source Agreement.
"EULA" means the End-User License Agreement .
"Game" means: (a) the Hytale video game software; (b) the Hytale Launcher; and (c) all related content, documentation, downloadable content, in-game content updates, patches, and other updates provided with or for any of the foregoing. Items (a) and (b) are provided in executable form only. "Game" includes any modifications or enhancements to the foregoing that Hypixel Studios Canada makes available from time to time.
"GitHub Account" means a repository account through GitHub, Inc. or a successor entity.
"Hypixel IP" means the Licensed Materials and all other Intellectual Property Rights owned or controlled by Hypixel Studios Canada or its licensors.
"Hytale Ecosystem" means the development, hosting, operation, distribution, and use of the Game and of servers, applications, content, tools, and services that interoperate with or depend on the Game, in each case by persons who hold a valid Account and are acting in compliance with the EULA and the Terms.
"Intellectual Property Rights" means all intellectual property and proprietary rights of every kind, whether registered or unregistered, including all copyrights, moral rights, patent rights, trademark rights, trade secret rights, rights in confidential information and know-how, database rights, and design rights, and all similar or analogous rights or forms of protection, together with all applications, registrations, renewals, and extensions thereof, in any jurisdiction or anywhere in the world.
"Licensed Assets" means all materials, other than the Licensed Server Code, that Hypixel Studios Canada owns or otherwise controls and makes available to you under this Shared Source Agreement through the designated repositories or with the server files (including all Intellectual Property Rights therein), which include the C# protocol files, art, audio, and other non-code assets, data, and documentation.
"Licensed Materials" means, collectively, the Licensed Server Code and the Licensed Assets.
"Licensed Server Code" means the Hytale server source code that Hypixel Studios Canada owns or otherwise controls, including all Intellectual Property Rights therein, and makes available to you under this Shared Source Agreement through the designated private repositories identified in Section 7.1, together with any copyright or "third-party notices" files accompanying such source code.
"Prior Contributions" has the meaning set forth in Section 9.1.
"Terms" means the Hytale Terms of Service .
"Your Content" means the original creative works you create using the Licensed Materials, including your modifications to the Licensed Server Code and your plugins, maps, game modes, characters, server worlds, and documentation. For clarity, Your Content does not include any Contribution assigned to Hypixel Studios Canada under Section 9.4.
3. LICENSE
3.1 Licensed Server Code. Subject to Section 3.3, Hypixel Studios Canada grants you a license to reproduce, use, modify, and prepare derivative works of the Licensed Server Code, in each case to read, reference, and build upon the Licensed Server Code to develop plugins, tools, and documentation based on the Licensed Server Code, and to create Your Content. All modifications permitted under this Shared Source Agreement are limited to the Licensed Server Code. This Shared Source Agreement grants no right to modify, develop modifications or plugins for, or otherwise interfere with the Game or any component thereof other than the Licensed Server Code.
3.2 Licensed Assets. Subject to Section 3.3, Hypixel Studios Canada grants you a license to reproduce and use the Licensed Assets, and to incorporate the Licensed Assets into Your Content, solely as required to create, develop, and operate Your Content. You may not (i) modify or prepare standalone derivative works of the Licensed Assets, or (ii) reproduce, use, or distribute the Licensed Assets on a standalone or separate basis.
3.3 License Conditions. Each license granted under Sections 3.1 and 3.2 in respect of the Licensed Materials is (i) worldwide, non-exclusive, fully paid-up, royalty-free, and non-sublicensable, (ii) effective for so long as you hold a valid Account, unless earlier terminated in accordance with Section 10, (iii) exercisable solely within the Hytale Ecosystem, and (iv) subject to the terms and conditions of this Shared Source Agreement, the EULA, and the Terms. The license granted under this Section 3 does not permit the use of the Licensed Materials (i) to perform competitive analysis of Hypixel Studios Canada or any of its products or services, or (ii) to develop, market, or operate any product or service that directly or indirectly competes with the Game.
3.4 Restrictions on Distribution. All distribution of the Licensed Materials and of Your Content is governed by Section 7.
3.5 Reservation of Rights. All rights not expressly granted to you under this Shared Source Agreement are reserved by Hypixel Studios Canada or its licensors.
4. OWNERSHIP
4.1 Ownership of Your Content. Subject to Section 4.3 and as between you and Hypixel Studios Canada, you retain all right, title, and interest in and to Your Content, solely to the extent it consists of your original creative work, and Hypixel Studios Canada claims no ownership of Your Content. For clarity, you acquire no ownership of any Hypixel IP incorporated into Your Content. This Section 4.1 does not apply to Contributions that are assigned to Hypixel Studios Canada under Section 9.4.
4.2 Ownership of the Licensed Materials. As between you and Hypixel Studios Canada, Hypixel Studios Canada or its licensors own and retain all right, title, and interest in and to the Licensed Materials (including all Intellectual Property Rights therein), including as they appear in or are incorporated into Your Content.
4.3 Modifications or Derivatives of the Licensed Assets. Without limiting Hypixel Studios Canada's rights and remedies in respect of any breach of Section 3.2, if you create any modification, adaptation, or derivative of a Licensed Asset, as between you and Hypixel Studios Canada, Hypixel Studios Canada owns all right, title, and interest in and to any such modification, adaptation, or derivative (including all Intellectual Property Rights therein), and you hereby assign, and agree to assign, all such rights to Hypixel Studios Canada and, to the fullest extent permitted by applicable law, irrevocably and unconditionally waive, or agree to refrain from asserting, any author's rights, moral rights, or like rights therein.
5. RESPONSIBILITY OF YOUR CONTENT AND COMPLIANCE
5.1 You are Responsible for Your Content. You are solely responsible for Your Content, and, to the maximum extent permitted by applicable law, Hypixel Studios Canada does not assume any responsibility or liability for Your Content. You represent and warrant that Your Content 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 Rights, 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.
5.2 Removal of Your Content. Hypixel Studios Canada reserves the right, in its sole and entire discretion, and without prior notice, to remove any of Your Content from the Game that violates the terms and conditions of this Shared Source Agreement, the EULA or the Terms.
5.3 Compliance. Your exercise of the license granted herein will at all times comply with applicable law, the EULA and the Terms, and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights or other rights of any third party.
6. CONFIDENTIALITY
6.1 Confidentiality and Non-Disclosure Obligations. The Licensed Materials are confidential to Hypixel Studios Canada or its licensors. You will keep the Licensed Materials confidential, will not disclose, publish, or otherwise make the Licensed Materials available to any person who does not both hold a valid Account and accept this Shared Source Agreement, and will protect the Licensed Materials using at least a reasonable degree of care and no less than the degree of care you use to protect your own confidential information. You will not post the Licensed Materials to any public repository or other publicly accessible location. These obligations do not apply to any portion of the Licensed Materials that Hypixel Studios Canada has made publicly available without restriction, and do not apply to Your Content to the extent it consists of your original creative work, which you may store and retain in any location. The obligations in this Section 6.1 survive termination of this Shared Source Agreement.
7. ACCESS AND DISTRIBUTION
7.1 Access to the Licensed Materials. Access to the Licensed Materials is provided through private repositories within a designated GitHub organization managed by Hypixel Studios Canada. The Licensed Server Code is made available in those repositories on a read-only basis, and you may not alter the repository copy of the Licensed Server Code. Access to the Licensed Materials in the private repositories is granted once Hypixel Studios Canada determines, in its sole and entire discretion, that you are eligible for access by satisfying all of the following criteria: (a) being an authorized user of the Game pursuant to the EULA and subject to the Terms, (b) holding a valid Account, (c) linking your Account to a GitHub Account through the official Hytale website, and (d) agreeing to this Shared Source Agreement.
7.2 Account Security. You must keep your GitHub Account credentials secure and must not share your access or credentials with any other person or allow any other person to access the repositories using your credentials. You are responsible for all activity that occurs under your GitHub Account.
7.3 No Circumvention. You must not circumvent or disable any authentication or access-control measures.
7.4 Copying and Storage. Except as reasonably necessary to exercise the rights granted under Section 3.1 in respect of the Licensed Server Code (including to develop, build, and operate your permitted modifications of the Licensed Server Code and Your Content, and to operate a server, in each case within the Hytale Ecosystem), you must not copy the Licensed Materials (in whole or in part) or store them in any location outside the designated repositories. Any copy of the Licensed Server Code you make in exercising those rights remains subject to this Shared Source Agreement, including the confidentiality obligations in Section 6.1.
7.5 Distribution of Content Containing Hypixel IP. To the extent Your Content includes, embeds, or incorporates any Hypixel IP, you may distribute it only to other persons who hold a valid Account, have accepted this Shared Source Agreement, and are within the Hytale Ecosystem. Forking of repositories is permitted only within Hypixel Studios Canada's GitHub organization network.
7.6 Distribution of Your Original Content. To the extent Your Content consists solely of your original creative work and does not incorporate any Hypixel IP, this Shared Source Agreement does not restrict your use, exploitation, or distribution of Your Content.
8. TRADEMARKS AND NOTICES
8.1 Trademarks. 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.
8.2 Notices. If you distribute the Licensed Server Code or derivative works thereof, you must include (i) a copy of this Shared Source Agreement or a prominent link to it at a URL designated by Hypixel Studios Canada (or its successors and assigns), and (ii) the following notice: "This software contains source code provided by Hypixel Studios Canada Inc.", in each case in all substantial portions of the distributed code (or, if impracticable, in any other location where such notices are customarily placed). Further, if the Licensed Materials are accompanied by a "third-party notices" or similar file, you acknowledge and agree that software or content identified in that file is governed by those separate license terms. Hypixel Studios Canada (or its successors and assigns) reserves the right to modify the attribution notice. Upon being notified of any such modification, you agree to include the updated attribution notice in any subsequent distribution.
9. CONTRIBUTIONS
9.1 Application. This Section 9 applies to all Contributions you submit during the course of your participation in the Program, and also applies to all works of authorship of the type described in the definition of Contribution that you submitted to Hypixel Studios Canada for inclusion in the Program on or after the effective date of the Interim Agreement and before the Effective Date ("Prior Contributions"). Each Prior Contribution is hereby deemed a Contribution for all purposes of this Section 9. By accepting this Shared Source Agreement, including by continuing to participate in the Program or accessing or using the Licensed Materials on or after the Effective Date, you confirm and ratify the assignment in Section 9.4, the representations and warranties in Section 9.6, and the covenant in Section 9.9, in each case, with respect to each Prior Contribution, effective as of the date you originally submitted it to Hypixel Studios Canada.
9.2 Submission of Contributions. You may submit Contributions to Hypixel Studios Canada for inclusion in the Program by any means, including through pull requests, patches, commits, issues, code review comments, Hypixel Studios Canada's designated repositories, or any communication channel managed by or on behalf of Hypixel Studios Canada. Hypixel Studios Canada reserves the right, in its sole and entire discretion, to accept or reject the inclusion of any Contribution submitted by you into the Program.
9.3 Third-Party Materials in Your Contributions. You must not include any third-party materials (including open source, public domain, or other freely available material) as part of a Contribution unless (i) you clearly identify all such third-party materials at the time of submission, including their origin, their complete license terms or a link to them, and any use restrictions of which you are aware; and (ii) no such third-party materials are subject to any license or other terms that would, or upon incorporation could, require any Hypixel IP to be licensed, disclosed, distributed, or otherwise made available under particular terms, or that would impose any reciprocal, 'copyleft,' or source-disclosure obligation on any Hypixel IP (for example, the GPL, LGPL, AGPL, or other copyleft or similar licenses). Any third-party materials included in a Contribution in accordance with this Section 9.3 remain subject to their own license terms.
9.4 Assignment of Contributions. You hereby assign, and agree to assign, all right, title, and interest worldwide in and to each Contribution, including all Intellectual Property Rights therein, to the extent authored or created by you. To the fullest extent permitted by applicable law, you hereby irrevocably and unconditionally waive, or agree to refrain from asserting, any author's rights, moral rights, or like rights to such Contribution. If and to the extent any such assignment is or becomes invalid or ineffective for any reason, you hereby grant Hypixel Studios Canada an irrevocable, perpetual, worldwide, exclusive, fully paid-up, royalty-free, transferable license (with the right to sublicense through multiple tiers) to exploit such Contribution in any media, whether now known or later developed. You agree to execute any documents Hypixel Studios Canada reasonably requests to evidence, perfect or record the assignment and licenses in this Section 9.
9.5 Grant-Back License. Hypixel Studios Canada grants you a perpetual, worldwide, non-exclusive, sublicensable, transferable, fully paid-up, and royalty-free license to use, reproduce, modify, and distribute the portions of each Contribution assigned to Hypixel Studios Canada under Section 9.4 for any purpose. This license does not extend to any portion of the Licensed Materials that may be contained in or revealed by a Contribution, and it does not limit your confidentiality obligations with respect to the Licensed Materials under Section 6.
9.6 Representations and Warranties. You hereby represent and warrant to Hypixel Studios Canada that, as of the date of your submission of a Contribution to us:
(a) except for any third-party materials identified under Section 9.3, such Contribution is your original creation and you are the sole and exclusive owner of all right, title, and interest in and to such Contribution, including all Intellectual Property Rights therein, free and clear of all liens, encumbrances, security interests, licenses, and claims of any kind;
(b) you have the full right and authority to grant the rights and licenses contemplated in Section 9.4;
(c) you have not previously assigned, transferred, licensed, pledged, or otherwise encumbered or disposed of any right, title, or interest in such Contribution to any third party (including any of your affiliates);
(d) such Contribution does not infringe, misappropriate, or otherwise violate any Intellectual Property Rights or other rights of any third party, and you are not aware of any claim or allegation to the contrary;
(e) the submission of such Contribution to Hypixel Studios Canada does not and will not conflict with or result in a breach of any law, agreement, or other obligation by which you are bound;
(f) such Contribution does not contain any virus, worm, Trojan horse, malware, or other malicious or harmful code; and
(g) such Contribution includes no material obtained by decompiling, disassembling, or reverse engineering any software that you do not own or are not otherwise authorized to decompile, disassemble, or reverse engineer.
You agree to promptly notify Hypixel Studios Canada if you become aware that any of the foregoing is or has become inaccurate for any Contribution.
9.7 Contribution Disclaimer. Except as expressly provided in Section 9.6, each Contribution is provided to Hypixel Studios Canada on an "AS IS" basis, without warranty of any kind, and you are not required to provide any support, maintenance, or updates for any Contribution.
9.8 No Compensation or Obligation to Accept. You acknowledge and agree that: (a) all Contributions that you submit to Hypixel Studios Canada for inclusion in the Program are voluntary; (b) to the fullest extent permitted by applicable law, Hypixel Studios Canada has no obligation to credit or to compensate you for any such Contribution you submit to us; and (c) nothing in this Shared Source Agreement creates any employment, agency, or partnership relationship between you and Hypixel Studios Canada.
9.9 Patent Non-Assertion. You agree that you will not assert any claim under a patent owned or controlled by you that is necessarily infringed by a Contribution, alone or in combination with the Licensed Materials, against Hypixel Studios Canada or any participant in the Program who holds a valid Account and has accepted this Shared Source Agreement, in each case with respect to the use, reproduction, modification, or distribution of that Contribution or the Licensed Materials within the Hytale Ecosystem. This covenant does not limit any rights Hypixel Studios Canada holds under Section 9.4.
9.10 Feedback. If you provide any ideas, suggestions, comments, or other feedback regarding the Program or the Licensed Materials that is not a Contribution, you hereby grant Hypixel Studios Canada a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, transferable, and sublicensable license to use and exploit such feedback for any purpose, without restriction, attribution, or compensation to you.
10. TERM AND TERMINATION
10.1 Term. This Shared Source Agreement is effective until terminated in accordance with this Section 10.
10.2 Automatic Termination. This Shared Source Agreement will terminate immediately if your Account is terminated.
10.3 Termination by Us. In addition, subject to applicable law, Hypixel Studios Canada may (a) terminate this Shared Source Agreement at any time in its sole and entire discretion; (b) suspend or revoke your access to the Licensed Materials if you fail to comply with this Shared Source Agreement, the EULA, or the Terms; or (c) suspend or revoke your access to the Licensed Materials to investigate any suspected breach of this Shared Source Agreement, the EULA, or the Terms. To the extent required by applicable law, we will provide any legally mandated advance notice; otherwise, we may suspend, revoke, or terminate without prior notice.
10.4 Effects. Upon any termination of this Shared Source Agreement, all rights and licenses granted to you will immediately cease, and you will promptly cease all use, reproduction, and distribution of the Licensed Materials and delete or destroy all copies of the Licensed Materials in your possession or control. For clarity, termination of this Shared Source Agreement does not affect your ownership of Your Content that consists of your original creative work; however, you must promptly delete or remove any Licensed Materials incorporated in Your Content. Sections that by their nature should survive, including Sections 4 (Ownership), 5 (Responsibility of Your Content and Compliance), 6 (Confidentiality), 7.5 and 7.6 (Distribution of Your Content), 9.1 and 9.4 to 9.10 (Contributions), 10.4 (Effects), 11 (Disclaimer), 12 (Limitation of Liability and Indemnity), 13 (Dispute Resolution and Governing Law), 14 (General Provisions), will survive termination of this Shared Source Agreement.
11. DISCLAIMER
11.1 Licensed Materials Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED MATERIALS ARE 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 LICENSED MATERIALS 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 OR THROUGH THE LICENSED MATERIALS 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. LIMITATION OF LIABILITY AND INDEMNITY
12.1 Limitations. To the maximum extent permitted by law, in no event shall Hypixel Studios Canada and 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 Parties"), be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (including procurement of substitute goods or services, loss of use, data, or profits, and business interruption), whether in an action of contract, tort, or otherwise, arising from or out of, or in connection with, the Licensed Materials or any modifications or derivative works thereof or the use of or other dealings in same, even where advised of the possibility of such damage, and you hereby waive and release each of the Hypixel Studios Parties from any and all such damages and losses.
12.2 Cap. To the maximum extent permitted by law, the total aggregate liability (the "Cap") of the Hypixel Studios Parties for all damages and losses arising out of, relating to, or in connection with this Shared Source Agreement or your access to, use of, or inability to use the Licensed Materials, shall not exceed one thousand Canadian dollars (CAD $1,000). You agree that, subject only to Section 12.4, a monetary amount not exceeding the Cap is your sole and exclusive remedy against the Hypixel Studios Parties for any and all damages and losses arising out of, relating to, or in connection with this Shared Source Agreement or your access to, use of, or inability to use the Licensed Materials.
12.3 Waiver and Assumption of Risk. By accessing, downloading, or using the Licensed Materials, you acknowledge and agree that you do so at your own risk.
12.4 Exclusions. Nothing in this Shared Source Agreement 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 Parties' liability shall be limited to the maximum extent permitted by applicable law.
12.5 Indemnity. You agree to indemnify and hold harmless each of the Hypixel Studios Parties 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 Shared Source Agreement; (b) your misuse of the Licensed Materials; or (c) Your Content or its use or distribution, including any claim that Your Content infringes, misappropriates, or otherwise violates any third-party Intellectual Property Rights, privacy, or publicity right.
13. DISPUTE RESOLUTION AND GOVERNING LAW
13.1 Governing Law and Venue. This Shared Source Agreement is 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 Shared Source Agreement 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 any dispute or claim that might arise under this Shared Source Agreement. Accordingly, you and Hypixel Studios Canada 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. This Section 13.1 will be interpreted as broadly as applicable law permits.
13.2 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 Shared Source Agreement affects those rights.
13.3 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 Shared Source Agreement or to any dispute arising out of or relating to this Shared Source Agreement.
13.4 Dispute Resolution. Disputes arising from or relating to this Shared Source Agreement are subject to the dispute resolution provisions in the Terms.
14. GENERAL PROVISIONS
14.1 Severability. If any provision of this Shared Source Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
14.2 Interpretation. The section headers in this Shared Source Agreement are for convenience and will not impact the interpretation of this Shared Source Agreement. In all cases where we are allowed to make a decision under this Shared Source Agreement, that decision is completely up to us, in our sole and entire discretion. Even when not specified elsewhere in this Shared Source Agreement, this Shared Source Agreement is subject to applicable law, meaning that it applies 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 this Shared Source Agreement, it means "including, without limitation," and whenever the word "or" is found in this Shared Source Agreement, it means "and/or". References to a "person" in this Shared Source Agreement include any individual, company, corporation, partnership, government authority, association, entity, or any other organization.
14.3 No Waiver. Failure to enforce any term is not a waiver of future enforcement.
14.4 Assignment. You may not assign this Shared Source Agreement without our prior written consent. We may assign this Shared Source Agreement, including in connection with a merger, amalgamation, or sale of assets.
14.5 Force Majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
14.6 Investigations; Cooperation with Law Enforcement. We reserve the right to investigate and prosecute any suspected or actual violations of this Shared Source Agreement. We may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
14.7 Prevailing Language. To the extent this Shared Source Agreement is made available in multiple languages, in case of any discrepancies or conflicts between the English version of this Shared Source Agreement 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 this Shared Source Agreement will govern and prevail.