HeatWave Games is not liable for any delay or failure to perform resulting from causes outside the reasonable control of HeatWave Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the control of HeatWave Games, such as acts of god, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.