Epigenesis License agreement

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End User License Agreement – EULA

THISSOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISEUSING THIS SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THETERMS OF THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE"AGREEMENT") AND THE TERMS SET FORTH BELOW. THE "SOFTWARE"INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYINGMANUAL(S), PACKAGING AND OTHER WRITTEN, FILES, ELECTRONIC OR ON-LINEMATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWAREAND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USINGTHE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOUHEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH DEAD SHARK TRIPLEPUNCHAB ("LICENSOR"). IF YOU DO NOT AGREE TO THE TERMS OF THISAGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THESOFTWARE.

I.LICENSE

LICENSE.Subject to this Agreement and its terms and conditions, Licensorhereby grants you the nonexclusive, non-transferable, limited rightand license to use one copy of the Software for your personalnon-commercial use for gameplay on a single computer or gaming unit,unless otherwise specified in the Software documentation. Youracquired rights are subject to your compliance with this Agreement.The term of your license under this Agreement shall commence on thedate that you install or otherwise use the Software and ends on theearlier date of either your disposal of the Software or Licensor’stermination of this Agreement. Your license terminates immediately ifyou attempt to circumvent any technical protection measures used inconnection with the Software. The Software is being licensed to youand you hereby acknowledge that no title or ownership in the Softwareis being transferred or assigned and this Agreement should not beconstrued as a sale of any rights in the Software. All rights notspecifically granted under this Agreement are reserved by Licensorand, as applicable, its licensors.

OWNERSHIP.Licensor retains all right, title and interest to the Software,including, but not limited to, all copyrights, trademarks, tradesecrets, trade names, proprietary rights, patents, titles, computercodes, audiovisual effects, themes, characters, character names,stories, dialog, settings, artwork, sounds effects, musical works,and moral rights. The Software is protected by Swedish copyright andtrademark law and applicable laws and treaties throughout the world.The Software may not be copied, reproduced or distributed in anymanner or medium, in whole or in part, without prior written consentfrom Licensor. Any persons copying, reproducing or distributing allor any portion of the Software in any manner or medium, will bewillfully violating the copyright laws and may be subject to civiland criminal penalties in Sweden or their local country. The Softwarecontains certain licensed materials and Licensor’s licensorsmay also protect their rights in the event of any violation of thisAgreement. All rights not expressly granted to you herein arereserved by the Licensor.

LICENSECONDITIONS.

Youagree not to:

Commerciallyexploit the Software;

Distribute,lease, license, sell, rent or otherwise transfer or assign theSoftware, or any copies of the Software, without the express priorwritten consent of Licensor or as set forth in this Agreement;

Makea copy of the Software or any part thereof (other than as set forthherein);

Makinga copy of this Software available on a network for use or download bymultiple users;

Exceptas otherwise specifically provided by the Software or this Agreement,use or install the Software (or permit others to do same) on anetwork, for on-line use, or on more than one computer or gaming unitat the same time;

Copythe Software onto a hard drive or other storage device (thisprohibition does not apply to copies in whole or in part that may bemade by the Software itself during installation in order to run moreefficiently);

useor copy the Software at a computer gaming center or any otherlocation-based site; provided, that Licensor may offer you a separatesite license agreement to make the Software available for commercialuse;.

Reverseengineer, decompile, disassemble, prepare derivative works based onor otherwise modify the Software, in whole or in part;

Removeor modify any proprietary notices, marks or labels contained on orwithin the Software; and

transport,export or re-export (directly or indirectly) into any countryforbidden to receive such Software by any Swedish export laws oraccompanying regulations or otherwise violate such laws orregulations, that may be amended from time to time.

TheSoftware is intended for private use only. YOU MAY NOT TRANSFER ANYPRE-RELEASE COPIES OF THE SOFTWARE.

TECHNICALPROTECTIONS. The Software may include measures to control access tothe Software, control access to certain features or content, preventunauthorized copies, or otherwise attempt to prevent anyone fromexceeding the limited rights and licenses granted under thisAgreement. If the Software permits access to Special Features, onlyone copy of the Software may access those features at one time.Additional terms and registration may be required to access onlineservices and to download Software updates and patches. Only Softwaresubject to a valid license can be used to access online services,including downloading updates and patches. You may not interfere withsuch access control measures or attempt to disable or circumvent suchsecurity features. If you disable or otherwise tamper with thetechnical protection measures, the Software will not functionproperly.

USERCREATED CONTENT: The Software may allow you to create content,including but not limited to a gameplay map or a video of your gameplay. In exchange for use of the Software, and to the extent thatyour contributions through use of the Software give rise to anycopyright interest, you hereby grant Licensor an nonexclusive,perpetual, irrevocable, fully transferable and sub-licensableworldwide right and license to use your contributions in any way andfor any purpose in connection with the Software and related goods andservices, including the rights to reproduce, copy, adapt, modify,perform, display, publish, broadcast, transmit, or otherwisecommunicate to the public by any means whether now known or unknownand distribute your contributions without any further notice orcompensation to you of any kind for the whole duration of protectiongranted to intellectual property rights by applicable laws andinternational conventions. You hereby waive any moral rights ofpaternity, publication, reputation, or attribution with respect toLicensor’s and other players’ use and enjoyment of suchassets in connection with the Software and related goods and servicesunder applicable law. This license grant to Licensor, and the abovewaiver of any applicable moral rights, survives any termination ofthis License.

INTERNETCONNECTION. The Software may require an internet connection to accessinternet-based features, authenticate the Software, or perform otherfunctions. In order for certain features of the Software to operateproperly, you may be required to have and maintain (a) an adequateinternet connection and/or (b) a valid and active account with anonline service as set forth in the Software documentation, includingbut not limited to third-party gaming platform, Licensor or aLicensor affiliate. If you do not maintain such accounts, thencertain features of the Software may not operate or may cease tofunction properly, either in whole or in part.

II.INFORMATION COLLECTION & USAGE.

Byinstalling and using this software, you consent to these informationcollection and usage terms, including (where applicable) transfer ofdata to Licensor and affiliated companies into a country inside ofthe European Union and the European Economic Area. If you connect tothe Internet when using the Software, either through a gamingplatform network, or any other method, Licensor may receiveinformation from hardware manufacturers or gaming platform hosts andmay automatically collect certain information from your computer orgaming unit. This information may include, but is not limited to,user IDs (such as gamer tags and screen names), game scores, gameachievements, game performance, hardware MAC address, internetprotocol address, and your usage of various game features. Allinformation collected by Licensor is intended to be anonymousinformation that does not disclose your identity or constitutepersonal information, however, if you include personal information(such as your real name) in your user ID, then such personalinformation will automatically be transmitted to Licensor and used asdescribed herein. 

Theinformation collected by Licensor may be posted by Licensor onpublicly-accessible web sites, shared with hardware manufacturers,shared with platform hosts, shared with Licensor’s marketingpartners or used by Licensor for any other lawful purpose. By usingthis Software you consent to the Licensor’s use of relateddata, including public display of your data such as identification ofyour user created content or displaying your scores, ranking,achievements and other gameplay data. If you do not want yourinformation shared in this manner, then you should not use theSoftware.

III.WARRANTY

DISCLAIMEROF WARRANTY: The software is provided “as is” and maycontain defects, errors or might not function as intended. You acceptthat the program is not of final quality and that Licensor is notliable for any damages caused to you, your hardware or software as acause from installing or using the Software. Licensor does notwarrant the performance of this Software on your specific computer orgaming unit. Licensor does not warrant against interference with yourenjoyment of the Software; that the Software will meet yourrequirements; that operation of the Software will be uninterrupted orerror-free, or that the Software will be compatible with third partysoftware or hardware or that any errors in the Software will becorrected. No oral or written advice provided by Licensor or anyauthorized representative shall create a warranty. Because somejurisdictions do not allow the exclusion of or limitations on impliedwarranties or the limitations on the applicable statutory rights of aconsumer, some or all of the above exclusions and limitations may notapply to you. 

INNO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTIONOF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY,LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENTPERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE,LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISINGOUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISINGIN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OROTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’SLIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW)EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE. 

TERMINATION:This Agreement is effective until terminated by you, by the Licensor,or automatically upon your failure to comply with its terms andconditions. Upon any termination, you must permanently destroy allcopies of the Software, accompanying documentation, associatedmaterials, and all of its component parts in your possession orcontrol including from any client server or computer on which it hasbeen installed. 

EQUITABLEREMEDIES: You hereby agree that if the terms of this Agreement arenot specifically enforced, Licensor will be irreparably damaged, andtherefore you agree that Licensor shall be entitled, without bond,other security, proof of damages, to appropriate equitable remedieswith respect any of this Agreement, in addition to any otheravailable remedies. 

INDEMNITY:You agree to indemnify, defend and hold Licensor, its partners,licensors, affiliates, contractors, officers, directors, employeesand agents harmless from all damages, losses and expenses arisingdirectly or indirectly from your acts and omissions to act in usingthe Software pursuant to the terms of the Agreement. 

MISCELLANEOUS:This Agreement represents the complete agreement concerning thislicense between the parties and supersedes all prior agreements andrepresentations between them. It may be amended only by a writingexecuted by both parties. If any provision of this Agreement is heldto be unenforceable for any reason, such provision shall be reformedonly to the extent necessary to make it enforceable and the remainingprovisions of this Agreement shall not be affected. 

GOVERNINGLAW. This Agreement shall be construed (without regard to conflictsor choice of law principles) under the laws of Sweden, as such law isapplied to agreements between Swedish residents entered into and tobe performed within Sweden. Unless expressly waived by Licensor inwriting for the particular instance or contrary to local law, thesole and exclusive jurisdiction and venue for actions related to thesubject matter hereof shall be the state and federal courts locatedin Licensor’s principal corporate place of business (Karlshamn,Blekinge, Sweden). Both parties consent to the jurisdiction of suchcourts and agree that process may be served in the manner providedherein for giving of notices or otherwise as allowed by Swedish law.The parties agree that the UN Convention on Contracts for theInternational Sale of Goods (Vienna, 1980) shall not apply to thisAgreement or to any dispute or transaction arising out of thisAgreement. 

IFYOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE, YOU MAY CONTACT INWRITING 

DEADSHARK TRIPLEPUNCH AB

HAMMARGATAN2, 374 34 KARLSHAMN, SWEDEN