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End User License Agreement
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
Penumbra: Overture (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.
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.
4.The Software may be loaded onto no more than one computer. A single
copy may be made for backup purposes only.
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.
6.The Software may not be modified, reverse-engineered, or de-compiled
in any manner through current or future available technologies.
7.Failure to comply with any of the terms under the License section
will be considered a material breach of this Agreement.
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.
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.
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.
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.
Term
14.The term of this Agreement will begin on Acceptance and is perpetual.
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.
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.
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.
Miscellaneous
18.This Agreement can only be modified in writing signed by both the
Vendor and the Licensee.
19.This Agreement does not create or imply any relationship in agency
or partnership between the Vendor and the Licensee.
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.
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.
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.
23.This Agreement and the terms and conditions contained in this
Agreement apply to and are binding upon the Vendor's successors and
assigns.
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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