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