To be clear, the eyepiece is set at 45� to the scope body. That angle is fixed and cannot be changed. But, the mounting boss (where you thread your tripod screw) swivels around the scope body, so you can orient the eyepiece upward or to either side with no issue. Handy for peeking over ridges when you don't want to show much of yourself.

I have this scope, but with Pentax's XW-14 eyepiece, which gives a very bright and wide fixed 28x view. Heckuva scope for the money.