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