END USER LICENSE AGREEMENT

Night Street Games, Inc.

Last Updated: [3/2/2026].

This End User License Agreement (“Agreement” or “EULA”) governs your access and use of the Last Flag video game, including the software client and application, and all associated upgrades, patches, updates, components, editors, expansions, and downloadable content (the “Game”) made available by Night Street Games, Inc. (“Night Street”, “we”, “our”, or “us”) and offered through digital storefronts such as Steam and the Epic Game Store (referred to herein as “Digital Storefronts” or “Platforms”).

BY CLICKING “ACCEPT,” YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY AND AGREE THAT IT IS ENFORCEABLE AGAINST YOU. YOU ALSO AFFIRM THAT YOU ARE AN ADULT OF LEGAL AGE AS DEFINED BY THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE. IF YOU ARE NOT AN ADULT, YOU MAY NOT PLAY OR OTHERWISE ACCESS THE GAME WITHOUT PARENTAL CONSENT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT IN THEIR ENTIRETY, CLICK “CANCEL.”

ATTENTION PARENTS: Users must be the legal age of majority where they live to accept this Agreement. If you accept this Agreement as the parent or guardian of a minor child, you confirm you are the child’s parent or legal guardian, you agree to supervise and be fully responsible for your own and your child’s use of the Game, and you agree to accept responsibility for all actions while using the Game, whether or not you authorized them. IF YOU PURCHASED A LICENSE TO THE GAME THROUGH A DIGITAL STOREFRONT AND DECIDE NOT TO ACCEPT THIS AGREEMENT, YOU MAY CONTACT THE DIGITAL STOREFRONT TO INQUIRE ABOUT A REFUND. ANY SUCH REFUND OR RETURN OF THE GAME WILL BE SUBJECT TO THAT DIGITAL STOREFRONT’S APPLICABLE REFUND AND RETURN POLICIES.

Night Street reserves the right to amend or modify this Agreement at any time, in any manner, at Night Street’s sole discretion, without incurring any liability. This Agreement, as amended from time to time and published at [https://lastflag.com/legal/eula], should be read alongside the Night Street Privacy Policy available at [https://lastflag.com/privacy-policy] and the Night Street Terms of Service available at [https://lastflag.com/legal/tos].

1. GAME ACCESS

1.1 Platform Accounts

To access the Game, you may need an internet connection, compatible third-party hardware or software, and an account in good standing with a Platform (“Account(s)”). All such third-party hardware, software, services, and Accounts are subject to the terms, conditions, policies, and technical requirements imposed by the relevant Platform, which may change from time to time. Platform providers may suspend, terminate, restrict, or modify Accounts or services at their discretion and in accordance with their own policies.

1.2 Third-Party Responsibility

You acknowledge that third-party terms and conditions, including age, geographic, or other legal restrictions, may limit, suspend, or prevent your access to or use of the Game or certain features. Night Street does not control and is not responsible for the acts or omissions of any third party, including any Platform, nor for the availability, performance, security, or continued operation of any third-party hardware, software, services, or Accounts.

1.3 No Liability for Platform Issues

Night Street shall not be liable for any inability to access or use the Game, or any loss of content, functionality, or entitlements, resulting from: (a) your failure to maintain an Account in good standing; (b) any action taken by a Platform; or (c) the discontinuation, modification, or unavailability of any third-party services or hardware.

1.4 Account Security

You are responsible for any fees or charges imposed by third parties in connection with your use of the Game and the activity on your Account. If you believe your Account has been compromised, you must immediately notify the relevant Platform and also notify Night Street by emailing [support@nightstreetgames.com]. Your access to the Game may be suspended or terminated if you or someone else uses the Account to engage in activity that violates this Agreement.

2. GAME ACCESS TERMINATION

2.1 Grounds for Termination

Night Street may terminate or suspend your access to the Game without notice to you if Night Street reasonably determines that:

(a) You have breached the terms of this Agreement or the Terms of Service;

(b) Doing so is in the best interests of the Night Street community or is required to uphold a third party’s rights;

(d) You have (or there are reasonable grounds for suspecting that you have) made unauthorized use of someone else’s payment information.

2.2 Effect of Termination

If your Game access is terminated, you will lose all Game data and in-game items associated with your Account. You will not be entitled to any refund for your purchase of a license to the Game and Night Street will have no liability to you.

2.3 Termination in Error

If you believe Night Street has terminated your Game access in error, you may contact [support@nightstreetgames.com].

2.4 Beta and Early Access

The Game is currently offered in beta or early access form. You acknowledge and agree that:

(a) The Game in its current form is a work in progress and may contain bugs, errors, and incomplete features;

(b) Night Street may, in its sole discretion, modify, reset, or delete any Game data, including without limitation your Account data, gameplay progression, characters, rankings, or other in-game content, at any time and without notice or liability to you;

(c) Night Street makes no promise or representation that the final commercial release version of the Game will resemble or be compatible with the beta version in any way; and

(d) Any feedback, suggestions, or ideas you post or submit regarding the Game may be used by Night Street without restriction, compensation, or obligation to you.

3. LIMITED USE LICENSE

3.1 Scope of License

THE GAME IS LICENSED, NOT SOLD, TO YOU UNDER THE TERMS OF THIS AGREEMENT.

This Agreement describes the rights available to you with respect to your purchase of a license to the Game; Night Street reserves all other rights. You may only use the Game as expressly permitted in this Agreement.

Subject to your acceptance of and compliance with this Agreement and the Night Street Terms of Service, Night Street hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and execute one (1) copy of the Game, including any content, components, or elements of the Game, solely for your personal, non-commercial entertainment purposes.

This Agreement governs software licensing, technical restrictions, and related matters specific to the Game client. In the event of a conflict between this Agreement and the Night Street Terms of Service, this Agreement will control with respect to software licensing matters, and the Terms of Service will control with respect to all other matters.

3.2 License Limitations

You may not:

(a) Use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software designed to modify, interfere with, or provide an unfair advantage in the Game;

(b) Sell, copy, exchange, transfer, publish, assign, rent, lease, lend, or sublicense the Game, or otherwise distribute anything you copy or derive from the Game, except as may be expressly permitted by Night Street;

(c) Use the Game for any commercial purpose not expressly authorized by Night Street, including but not limited to leasing, renting, or exploiting the Game at an internet café, computer gaming center, or any other location-based site, or organizing, promoting, facilitating, or participating in any event involving wagering on the outcome or any other aspect of the Game without prior written authorization from Night Street;

(d) Access, copy, modify, or distribute the Game (including via a network server, multi-user arrangement, or remote access arrangement), or publish the Game for others to copy, unless expressly authorized by Night Street or permitted by law;

(e) Host, provide, or develop matchmaking services for the Game, or intercept, emulate, or redirect the communication protocols used by Night Street in any way, for any purpose;

(f) Reverse engineer or attempt to extract or otherwise derive source code or other data from the Game, or modify, adapt, translate, decompile, or disassemble it, or make derivative works based on the Game, unless expressly authorized by Night Street or permitted by law;

(g) Create data or executable programs which mimic data or functionality in the Game;

(h) Remove, disable, or circumvent any security protections, proprietary notices, or labels contained on or within the Game;

(i) Use the Game to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or

(j) Use, export, or re-export the Game in violation of any applicable law or regulation.

4. CONSENT TO MONITORING

You acknowledge and agree that when you communicate with us or with other users within the Game, you have no expectation that your communications will be private. We reserve the right, but have no obligation, to monitor, review, or moderate user conduct within the Game.

To give users a positive and fair experience, we may use software and tools (e.g., Easy Anti-Cheat) to detect and prevent programs and activities that are used for hacking, Account stealing, or other unauthorized or fraudulent activity, or that can give you or other users a competitive advantage within the Game. You understand that the mere presence of unauthorized cheat software on your device, whether or not you use that unauthorized software while playing the Game, may result in Night Street exercising its full rights under this Agreement.

Night Street may monitor, record, and/or disclose your communications for any reason, including: (i) to satisfy any applicable law, regulation, legal process, or governmental request; (ii) to enforce the terms of this Agreement, the Terms of Service, or any other Night Street policy; (iii) to protect our legal rights and remedies; (iv) to protect the health or safety of anyone that we believe may be threatened; or (v) to report suspected criminal or unlawful behavior.

5. AVAILABILITY OF THE GAME AND UPDATES

From time to time, Night Street may update, patch, or modify the Game, its content, or entitlements, without notice to you. You hereby consent to Night Street applying these updates, patches, or modifications and accessing the Game residing on your computer for such purpose. These updates, patches, and modifications may need to be installed by you in order for you to continue to use the Game.

Night Street does not guarantee that the Game, or any in-Game entitlement, Game progress, or Game data will be available at all times, in all locations, or at any given time, or that Night Street will continue to offer the Game for any particular length of time. Night Street does not guarantee that the Game can be accessed by means of a specific Platform, internet or connection provider, or in all geographic locations.

Night Street shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Night Street, such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, pandemics, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Night Street may, at its sole discretion and without any obligation or liability to you, update, modify, or reset certain parameters in the Game to balance, maintain, or improve gameplay. Such updates or resets may affect your experience with the Game and may result in setbacks within the Game, including but not limited to changes to characters, rankings, progression, matches, games, groups, or other in-Game entitlements.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

Night Street retains all right, title, and interest in and to the Game, including without limitation all associated copyrights, trademarks, and intellectual properties therein and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, scenery, locations, costumes, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, data, and communications generated by or occurring through the Game, methods of operation, domain names, elements which are part of the Game, individually or in combination, moral rights, and any related documentation).

The Game is protected under United States and international copyright laws, treaties, and conventions, and United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game contains certain materials licensed by Night Street from third parties. A list of credits and notices for such third-party materials may be found in the Game interface.

Night Street, Night Street Games, and Last Flag, and their respective logos, are trademarks or registered trademarks of Night Street Games, Inc. in the United States of America and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.

You are responsible for providing, at your own expense, the equipment, internet connection, and charges required to access and use the Game.

7. EXTERNAL FAN CONTENT

At Night Street, we are grateful for the interest generated by our Game and we encourage fans to create and share original creative works inspired by our Game, such as fan artwork, videos, fanfiction, cosplay, fan websites, game wikis, podcasts, trivia games about the Game characters, grassroots tournaments, and other creative materials (collectively, “Fan Content”). We also encourage streaming and recording your gameplay and sharing it through social media or streaming services such as YouTube or Twitch, and for the purpose of this Agreement, your gameplay videos and streams are also considered Fan Content.

7.1 Fan Content Guidelines

(a) Fan Content must be your original work (other than Night Street materials used in accordance with this section 7);

(b) Fan Content must not be used for any commercial purpose without Night Street’s prior written consent, except that streaming and content creation on platforms such as YouTube and Twitch (including monetization features offered by those platforms) is permitted;

(d) Fan Content must not infringe upon the copyright, trademark, patent, trade secret, or other intellectual property right of any third party;

(e) Fan Content must not be unlawful, tortious, defamatory, obscene, invasive of privacy, threatening, harassing, abusive, hateful, racist, or otherwise objectionable or inappropriate; and

(f) Night Street reserves the right, in its sole discretion, to request removal of any Fan Content for any reason, and you agree to promptly comply with such requests.

7.2 Use at Your Own Risk

Your use of Night Street materials, including the assets made available in our Media Kit, is at your own risk, and we make no warranties regarding such materials. Night Street does not assume any responsibility or liability for Fan Content, for removing it, or for not removing it.

7.3 License Grant to Night Street

By creating and sharing Fan Content in connection with the Game or through Night Street-operated community spaces, or any platform, you grant to Night Street a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, perform, distribute, and otherwise make available such Fan Content solely for the purposes of operating, promoting, and supporting the Game and Night Street’s community, including through Night Street’s websites, social media channels, and marketing or community communications. Night Street may make reasonable technical or formatting modifications to Fan Content (such as resizing or excerpting) as necessary for these purposes but will not materially alter the creative content without your permission. Any commercial use of Fan Content beyond the foregoing purposes will require your prior written consent. You also grant other users who access your Fan Content through the relevant hosting platform the right to view, share, and interact with your Fan Content through the ordinary functionality of that platform, subject to its terms and settings.

Your Fan Content does not create a contractual relationship between you and Night Street. You represent and warrant that your Fan Content does not infringe upon the copyright, trademark, patent, trade secret, intellectual property right, or any other right of any third party.

8. COLLECTION OF PERSONAL DATA

Your privacy is very important to Night Street. Our Privacy Policy explains how we collect and use data, and the rights you have in connection with that data. We provide it separately because it is a notice describing our practices and not a contract, and because we believe your privacy rights deserve clear and focused explanation. Please take the time to review our Privacy Policy, which can be found at [https://lastflag.com/privacy-policy].

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Disclaimer

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE GAME IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NIGHT STREET AND NIGHT STREET’S LICENSORS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING AS TO: (A) THE GAME’S MERCHANTABILITY, CURRENTNESS, COMPLETENESS, RELIABILITY, OR SECURITY; (B) THE GAME’S FITNESS FOR A PARTICULAR USE; (C) THE IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT; OR (D) YOUR SATISFACTION. NIGHT STREET DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR-FREE, THAT THE GAME CAN BE OPERATED WITH OR IS COMPATIBLE WITH OTHER SOFTWARE, OR THAT DEFECTS WILL BE CORRECTED.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL NIGHT STREET, NIGHT STREET’S LICENSORS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OF THE GAME OR ANY RELATED THIRD-PARTY SERVICE.

YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH NIGHT STREET OR ITS LICENSORS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE GAME AND, IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT WILL NIGHT STREET’S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE GAME EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID NIGHT STREET FOR THE GAME DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THIS SECTION SHALL AFFECT NIGHT STREET’S LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.5 EEA/UK Consumers

If you are a consumer residing in the EEA, UK, or Switzerland, nothing in this Agreement limits or excludes Night Street’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable mandatory consumer protection law. Additionally, you may have statutory rights regarding the conformity of digital content that are not affected by this Agreement.

9.6 Third-Party Beneficiaries

FOR PURPOSES OF THIS SECTION, NIGHT STREET’S LICENSORS AND ASSOCIATED SERVICE PROVIDERS, INCLUDING THE PLATFORMS, ARE THIRD-PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.

9.7 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, RIGHTS, OR LIABILITIES. TO THE EXTENT SUCH RESTRICTIONS APPLY, THE CORRESPONDING PROVISIONS OF THIS AGREEMENT SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. INDEMNIFICATION

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NIGHT STREET, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUBCONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (A) YOUR BREACH OF THIS AGREEMENT OR THE TERMS OF SERVICE; (B) YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR THIRD-PARTY RIGHT; OR (C) YOUR USE OF THE GAME.

Night Street reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which you agreed to indemnify Night Street. The provisions of this Section shall remain in force after termination of this Agreement.

11. EQUITABLE REMEDIES

You agree that Night Street would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Night Street shall be entitled, without bond or other security, or proof of damages, to take such action as may be required, including obtaining an injunction and other equitable relief, in the event you breach, or threaten to breach, this Agreement; and that the awarding of equitable relief to Night Street will not limit its ability to receive remedies that are otherwise available to Night Street under this Agreement and applicable laws.

12. TERM AND TERMINATION

12.1 Term

This Agreement is effective the date you first play, access, or otherwise use the Game and shall remain in effect as long as you comply with its terms or until it is terminated or superseded by a new agreement.

12.2 Termination

Night Street (or its licensors) may terminate this Agreement at any time, for any reason, upon written notice. You may terminate this Agreement at any time by uninstalling the Game and ceasing all use. This Agreement will terminate automatically if you fail to comply with any of its terms and conditions.

Upon termination for any reason: (i) you must immediately uninstall the Game and destroy all copies of the Game in your possession; (ii) any right you may have had to any in-game items are forfeit; and (iii) you agree and acknowledge that you are not entitled to any refund for any amounts paid by you for the purchase of a license to the Game.

13. CHANGES TO THIS AGREEMENT OR TO THE GAME

Night Street reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “EULA” link located in the launch screen for the Game or at [https://lastflag.com/legal/eula]. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you, you may terminate this Agreement in accordance with Section 12 and must immediately uninstall the Game. Your continued use of the Game following any modification constitutes irrevocable acceptance by you of the modified Agreement.

Night Street may change, modify, suspend, or discontinue the Game for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the Game. You agree that the Game may install or download modifications automatically. Night Street may cease supporting previous versions of the Game upon availability of an updated version and may remove items or modify characteristics of items at any time in order to balance the Game.

14. MISCELLANEOUS

14.1 English Version

The English version of this Agreement will be the version used when interpreting or construing this Agreement.

14.2 Governing Law

This Agreement shall be governed in all respects by the laws of the United States of America and the State of Nevada, without regard to conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.

14.3 Dispute Resolution

Any disputes arising out of or related to this Agreement shall be resolved in accordance with the dispute resolution provisions set forth in the Night Street Terms of Service available at [https://lastflag.com/legal/tos].

14.4 No Waiver

No failure or delay by Night Street (or its licensors) to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

14.5 Non-Assignment

You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder without Night Street’s prior written consent. Night Street may assign, delegate, or transfer this Agreement without restriction.

14.6 Severability

If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

14.7 Entire Agreement

This Agreement, along with Night Street’s Terms of Service and Privacy Policy, constitutes the entire agreement between you and Night Street relating to the Game and supersedes any and all prior or contemporaneous written or oral agreements or understandings relating to such subject matter.

14.8 Export Controls

The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Game and your use of the Game. The Game may not be re-exported, downloaded, or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14.9 Contact

If you have any questions regarding this Agreement, please contact us:

By email: [support@nightstreetgames.com]

By mail:

Night Street Games, Inc.

Attn: Customer Support

823 Las Vegas Boulevard So., Ste 280

Las Vegas, NV 89101