| End User License Agreement |
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| License |
| 1.Under this End User License Agreement (the "Agreement"), Frictional |
| Games (the "Vendor") grants to the user (the "Licensee") a |
| non-exclusive and non-transferable license (the "License") to use |
| The Penumbra Collection (the "Software"). |
| |
| 2."Software" includes the executable computer programs and any related |
| printed, electronic and online documentation and any other files that |
| may accompany the product. |
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| 3.Title, copyright, intellectual property rights and distribution |
| rights of the Software remain exclusively with the Vendor. Intellectual |
| property rights include the look and feel of the Software. This |
| Agreement constitutes a license for use only and is not in any way a |
| transfer of ownership rights to the Software. |
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| 4.The Software may be loaded onto no more than one computer. A single |
| copy may be made for backup purposes only. |
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| 5.The rights and obligations of this Agreement are personal rights |
| granted to the Licensee only. The Licensee may not transfer or assign |
| any of the rights or obligations granted under this Agreement to any |
| other person or legal entity. The Licensee may not make available the |
| Software for use by one or more third parties. |
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| 6.The Software may not be modified, reverse-engineered, or de-compiled |
| in any manner through current or future available technologies. |
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| 7.Failure to comply with any of the terms under the License section |
| will be considered a material breach of this Agreement. |
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| License Fee |
| 8.The original purchase price paid by the Licensee will constitute the |
| entire license fee and is the full consideration for this Agreement. |
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| Limitation of Liability |
| 9.The Software is provided by the Vendor and accepted by the Licensee |
| "as is". The Vendor will not be liable for any general, special, |
| incidental or consequential damages including, but not limited to, loss |
| of production, loss of profits, loss of revenue, loss of data, or any |
| other business or economic disadvantage suffered by the Licensee |
| arising out of the use or failure to use the Software. |
| |
| 10.The Vendor makes no warranty expressed or implied regarding the |
| fitness of the Software for a particular purpose or that the Software |
| will be suitable or appropriate for the specific requirements of the |
| Licensee. |
| |
| 11.The Vendor does not warrant that use of the Software will be |
| uninterrupted or error-free. The Licensee accepts that software in |
| general is prone to bugs and flaws within an acceptable level as |
| determined in the industry. |
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| Warrants and Representations |
| 12.The Vendor warrants and represents that it is the copyright holder |
| of the Software. The Vendor warrants and represents that granting the |
| license to use this Software is not in violation of any other |
| agreement, copyright or applicable statute. |
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| Acceptance |
| 13.All terms, conditions and obligations of this Agreement will be |
| deemed to be accepted by the Licensee ("Acceptance") on installation of |
| the Software. |
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| Term |
| 14.The term of this Agreement will begin on Acceptance and is perpetual. |
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| Termination |
| 15.This Agreement will be terminated and the License forfeited where |
| the Licensee has failed to comply with any of the terms of this |
| Agreement or is in breach of this Agreement. On termination of this |
| Agreement for any reason, the Licensee will promptly destroy the |
| Software or return the Software to the Vendor. |
| |
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| Force Majeure |
| 16.The Vendor will be free of liability to the Licensee where the |
| Vendor is prevented from executing its obligations under this Agreement |
| in whole or in part due to Force Majeure, such as earthquake, typhoon, |
| flood, fire, and war or any other unforeseen and uncontrollable event |
| where the Vendor has taken any and all appropriate action to mitigate |
| such an event. |
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| Governing Law |
| 17.The Parties to this Agreement submit to the jurisdiction of the |
| courts of Sweden for the enforcement of this Agreement or any |
| arbitration award or decision arising from this Agreement. This |
| Agreement will be enforced or construed according to the laws of Sweden. |
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| Miscellaneous |
| 18.This Agreement can only be modified in writing signed by both the |
| Vendor and the Licensee. |
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| 19.This Agreement does not create or imply any relationship in agency |
| or partnership between the Vendor and the Licensee. |
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| 20.Headings are inserted for the convenience of the parties only and |
| are not to be considered when interpreting this Agreement. Words in the |
| singular mean and include the plural and vice versa. Words in the |
| masculine gender include the feminine gender and vice versa. Words in |
| the neuter gender include the masculine gender and the feminine gender |
| and vice versa. |
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| 21.If any term, covenant, condition or provision of this Agreement is |
| held by a court of competent jurisdiction to be invalid, void or |
| unenforceable, it is the parties' intent that such provision be reduced |
| in scope by the court only to the extent deemed necessary by that court |
| to render the provision reasonable and enforceable and the remainder of |
| the provisions of this Agreement will in no way be affected, impaired |
| or invalidated as a result. |
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| 22.This Agreement contains the entire agreement between the parties. |
| All understandings have been included in this Agreement. |
| Representations which may have been made by any party to this Agreement |
| may in some way be inconsistent with this final written Agreement. All |
| such statements are declared to be of no value in this Agreement. Only |
| the written terms of this Agreement will bind the parties. |
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| 23.This Agreement and the terms and conditions contained in this |
| Agreement apply to and are binding upon the Vendor's successors and |
| assigns. |
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| Notices |
| 24.All notices to the Vendor under this Agreement are to be provided at |
| the following address: |
| Frictional Games |
| Sodra Tvargatan 6, 252 26 Helsingborg, Sweden |
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