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PLEASE READ THIS ENTIRE END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA CONSTINTUTES A BINDING AND VALID AGREEMENT BETWEEN ASPYR MEDIA, INC. AND ITS AFFILIATES (SINGLY AND COLLECTIVELY “ASPYR”) AND YOU GOVERNING YOUR ACCESS AND USE OF THE SOFTWARE. BY CLICKING “I AGREE” OR ACCESSING, COPYING, INSTALLING, OR OTHERWISE USING THE SOFTWARE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK “I AGREE” AND DO NOT ACCESS, INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE ALL OR ANY PORTION OF THE SOFTWARE.

Definitions:

“Software” means the video game software product for which this EULA has been presented, in machine readable code only (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, sounds, video, musical compositions, audiovisual effects, methods of operation, moral rights, drawings, text and “applets” incorporated into the Software), all printed materials accompanying the Software, and all copies and derivative works of such software product and materials, including without limitation all “patches,” future programming fixes, updates and upgrades made generally available by Aspyr, and all intellectual property rights therein.

“You” means you personally (i.e., the individual who reads and is prompted to accept this Agreement).

“Access” means to obtain use of or obtain a benefit from use of all or any part of the Software.

“Install” means to place a copy of the Software onto a hard disk or other storage medium through any means (including, but not limited to, use of an installation utility application accompanying the Software).

Ownership of the Software. The Software is protected by the copyright laws of the United States, international copyright treaties and conventions, trade secret laws, and other laws. Aspyr, on behalf of itself and its licensors, reserves all rights not expressly granted in this EULA. The Software may contain certain materials licensed to Aspyr by third parties (“Licensors”). Aspyr’s Licensors may act to protect their rights in the event of any violation of this EULA, and you agree that such Licensors are intended third party beneficiaries of this EULA. Aspyr and its Licensors own and at all times retain ownership of all right, title and interest in the Software.

Limited Use License. By clicking “I Agree”, You do not obtain title to the Software itself or to any of the intellectual property rights therein. This EULA does not transfer title of the Software to You. All references to purchase of the Software refer solely to the purchase of a limited and personal license to use the Software in accordance with this EULA. Any use of the Software other than as expressly permitted by the license set forth below is a breach of this EULA.

Subject to the terms and conditions of this EULA and Your payment of the applicable fees, if any, Aspyr grants You a non-sublicenseable, non-exclusive, non-transferable (except as provided below), limited, personal license to download from the Aspyr website, install and use one copy of the Software in the jurisdiction in which You acquire the Software. You may also make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy all copyright notices and any other proprietary legends that were on the original copy of the Software.

You may not transfer any license rights or other interests in any of the Software, unless (a) you permanently and wholly transfer all your rights in all of the Software under this EULA; (b) you retain no copies of the Software (whole or partial); (c) you permanently and wholly transfer all of the Software (including component parts, media, printed materials, upgrades, prior versions, and authenticity certificates); and (d) the transferee agrees to abide by all the terms of this EULA.

Restrictions on Use. Subject to the Limited Use License set forth above, you may not, in whole or in part, copy, photocopy, reproduce, translate, decompile, disassemble, derive source code from, reverse engineer, modify, or create derivative works based on the Software, or remove any proprietary notices or labels on the Software without the express prior consent, in writing, of Aspyr and its Licensor, if applicable. You may not grant a security interest in or transfer reproductions of the Software to other parties in any way, nor may you rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software. Except as required to complete Your initial download of the Software from the Aspyr website, You may not electronically transmit the Software from one computer, console or other platform to another or over a network. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Termination. This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software, related documentation and all copies thereof. This EULA will terminate automatically and immediately without notice from Aspyr if You breach any obligation or representation or warranty of this EULA. Upon termination you must cease all use of the Software and destroy the Software, including all related documentation, and all copies thereof.

Export Law Assurance. You agree and certify that neither the Software nor any other technical data received from Aspyr, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by this Agreement and the laws and regulations of the United States. If the Software has been rightfully obtained by You outside of the United States, you agree that you will not reexport the Software nor any other technical data received from Aspyr, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

Your Representations and Warranties. You represent and warrant that (i) you possess the legal right and ability to enter into this EULA and to comply with its terms; (ii) you will use the Software for lawful purposes only and in accordance with the terms and conditions of this EULA; (iii) you are a lawful age in your applicable jurisdiction to enter into this Agreement and install and use the Software; and (iv) you will only install and use the Software on a computer on which such use is authorized by the computer’s owner or lessee, as applicable.

Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASPYR DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASPYR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT WEBSITES OWNED OR OPERATED BY OR ON BEHALF OF ASPYR (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, ASPYR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WICH THE SOFTWARE IS INSTALLED OR USED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASPYR OR ASPYR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ASPYR OR ASPYR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ASPYR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ASPYR OR ASPYR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Aspyr's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

Canadian End Users. If you are accessing this EULA while located within Canada or if this EULA otherwise becomes subject to any applicable principles of Canadian law, you agree to the following: The parties hereto confirm that it is their wish that this EULA, as well as other documents relating thereto, including notices, have been and shall be written in the English language only. Les parties ci-dessus conferment leur désir que cet accord ainsi que tous les cocuments, y compris tous avis qui s’y rattachent, soient rédigés in langue anglaise.

Indemnity. You hereby agree to indemnify, defend and hold harmless Aspyr and its owners, directors, officers, employees, agents, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any third party claim arising out of any breach by you of this EULA. You shall use your best efforts to cooperate with the Indemnified Party in the defense of any claim. Aspyr reserves the right, on behalf of itself and all other Indemnified Parties, at its own expense to assume the exclusive defense and control of any matter subject to indemnification hereunder.

Equitable Relief. You acknowledge that use of the Software other than as permitted herein will give rise to immediate and irreparable damage to Aspyr and its Licensors. Accordingly, Aspyr and its Licensors are entitled to obtain immediate injunctive relief without posting a bond from any court of competent jurisdiction enjoining Your use of the Software in any manner inconsistent with the terms of this EULA, in addition to other legal remedies which may be available.

Complete Agreement. This EULA constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Controlling Law. This EULA shall be governed by and construed in accordance with the laws of the United States and the State of Texas, as applied to agreements entered into and to be performed entirely within Texas between Texas residents.

Severability. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof, to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.

Modifications. No amendment to or modification of this EULA will be binding unless in writing and signed by a duly authorized representative of Aspyr.

Waiver. No provision of this EULA shall be deemed waived unless such waiver is in writing and signed by Aspyr or a duly authorized representative of Aspyr.

Special Note for People Under 18 Years of Age. If You are under eighteen, You must have Your parent or legal guardian review and agree to this EULA on Your behalf by clicking the “I AGREE” button.

YOU SHOULD READ AND UNDERSTAND THIS EULA BEFORE CLICKING “I AGREE.” BY CLICKING “I AGREE,” YOU REPRESENT AND WARRANT THAT YOU ARE EITHER (A) OVER THE AGE OF EIGHTEEN (18) AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA; OR (B) YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE AGE OF EIGHTEEN (18) AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, DO NOT CLICK “I AGREE.”