END-USER LICENSE AGREEMENT


IMPORTANT – READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement.



AGREEMENT

This End-User License Agreement (“Agreement”) is a legal agreement between the end user (“You”) and Tilted Mill Entertainment, Inc. and its affiliates (collectively the “Company”) for the use of the Immortal Cities: Children of the Nile™ software game including any updates, upgrades, additions and modified versions (collectively “Software”), and any accompanying printed material (“Manual”).



By installing or otherwise using the Software, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not install or use the Software. Remove any portion of the Software from your hard drive and permanently erase all copies of the Software.



INTELLECTUAL PROPERTY

This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All intellectual property in the Software including but not limited to any images, photographs, animations, video, music and text and any printed material accompanying the Software are owned by the Company or its Licensors.



GRANT OF LICENSE

This Software is licensed to You and does not constitute a sale. The Company grants to You a limited, personal, non-exclusive license to use the Software in accordance with the terms of this Agreement. The Company reserves all rights not expressly granted to You in this Agreement.



The Software includes a feature that allows You to modify the Software or to construct new variations (an “Editor”). You may use such Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively the “Variations”), subject to the restrictions herein. Your variations: (i) must only work with the full copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third-party; (iv) must not contain any trademarks, copyright protected work or other property of third-parties; and (v) may not be commercially exploited by You, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing services.



You may not copy, rent, lease, sublicense, distribute publicly, display the Software, create derivative works based on the Software (except to the extent expressly permitted by this (i) Agreement; (ii) other documentation accompanying the Software; or (iii) with respect to archival copies, the Steam Subscriber Agreement if applicable) or otherwise commercially exploit the Software. You may not reverse engineer, decompile, disassemble or otherwise reproduce the Software.



“As Is”/Disclaimer – THE SOFTWARE IS PROVIDED “AS IS”. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.



LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In such jurisdictions, the company’s liability shall be limited to the fullest extent permitted by law. This warranty gives you specific rights. You may also have other rights that vary from state to state.



TERMINATION

You may terminate the license granted herein at any time by destroying or erasing all copies of the Software. This Agreement and the license granted herein will terminate automatically without notice from the Company if You fail to comply with the limitations specified herein. Upon termination of this Agreement or the license granted herein, You agree to destroy or erase all copies of the Software. In the event of termination, all provisions of this Agreement as to warranties, limitation of liability, remedies, damages and choice of law and venue shall survive termination.



EXPORT CONTROLS

You agree and certify that neither the Software nor any technical data received from the Company will be re-exported, downloaded, or otherwise exported outside the United States (i) into any country (or to a national or resident of) to which the U.S. has embargoed goods, (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders, or (iii) in violation of or as prohibited by the laws, rules, regulations or administrative orders of the United States, or any unit, agency or department thereof. By installing or otherwise using the Software, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list or order, or subject to any such prohibition.




MISCELLANEOUS

You acknowledge and agree that in addition to any and all other remedies available to the Company in the event of a breach of this Agreement by You, the Company shall have the right to enjoin, any activity by You which breaches this Agreement, by equitable relief, including, but not limited to, a temporary restraining order, a preliminary injunction, a permanent injunction, or such other alternative relief as may be appropriate, without the necessity of Company’s posting any bond or surety.



If any portion of this Agreement is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the Agreement. This Agreement constitutes the entire agreement between You and the Company regarding the Software and its use and supersedes any prior or contemporaneous agreement either oral or written, and any other communications between the You and the Company. No change, waiver or modification of this Agreement will be valid unless it is in writing and is signed by the Company.



YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO THE BE BOUND BY ITS TERMS AND CONDITIONS.