END USER LICENSE AGREEMENT (GREY GOO)

IMPORTANT - READ CAREFULLY: YOUR INSTALLATION OR USE OF ANY SOFTWARE INCLUDED WITH OR ACCOMPANYING THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CONFIRMS THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THE AGREEMENT, THEN DO NOT USE OR INSTALL THE SOFTWARE.

The computer program and other components that are included with any physical version of this product or if otherwise electronically delivered collectively constitute the “Software,” and any printed materials that accompany any physical version of the Software or delivered digitally constitutes the “Documentation.” The Software and Documentation are solely for use by individual end users according to the terms of this Agreement. Any use, reproduction or redistribution of the Software and Documentation not in accordance with the terms of this Agreement is prohibited.

Subject to the terms herein, and provided that you lawfully licensed the Software, Grey Box, a division of Redux! Games, LLC (“Grey Box”) grants you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Software solely and exclusively for your personal non-commercial use. All rights not specifically granted under this Agreement are reserved by Grey Box. The Software is licensed, not sold, to you, and you agree that you have no ownership rights in the Software or the Documentation. Grey Box reserves all right, title, ownership rights and intellectual property rights (including, without limitation, copyright, trademark and any associated patent rights) in and to the Software or any elements contained or otherwise made accessible through the Software including the Documentation. You expressly agree that you shall not: (i) attempt to or otherwise sell, rent, lease, license, modify, distribute, commercially exploit or transfer or create derivative works (of any kind or nature) of the Software, or any copies of the Software, without the express prior written consent of Grey Box, which it may withhold in its sole discretion; (ii) make copies of any element of the Software or the Documentation; (iii) unless an authorized copy of the Software is electronically delivered to you, copy the Software onto a hard drive or other storage device: you must otherwise run the Software from the included compact disc (“CD”) or digital versatile disc (“DVD”) as applicable (although a portion of the Software may automatically be copied onto your hard drive during installation in order to run more efficiently); (iv) export or re-export the Software or any copy or adaptation or any portion or derivative thereof in violation of any applicable laws or regulations; (iv) remove disable, or circumvent any proprietary notices or labels contained on or within the Software or the Documentation; (v) circumvent or attempt to circumvent any technological measures in the Software or any accompanying media designed to prevent copying or unauthorized access and/or, (vi) use or permit the use of the Software except as otherwise explicitly provided by this Agreement or the Software itself. Grey Box may make improvements, patches, modifications or updates to the Software at any time and with or without notice to you (collectively, “Updates”), which may be automatically downloaded to your system and may change the Software’s game play. Online gameplay of the Software is governed by the terms of use and privacy policy for Grey Box located at http://www.greybox.com and, if and when applicable, online gameplay may also be subject to the terms of use or service and privacy policy of any authorized distributor from whom you licensed the Software.

Grey Box retains all rights, title and interest in and to the Software and Documentation. The Software and Documentation is copyrighted and is protected by United States copyright laws and international treaty provisions. All rights are reserved. You acknowledge that Grey Box owns and or controls all intellectual property rights in and to the Software, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and any intellectual property rights therein and thereto that are related to the aforementioned. You may not remove the copyright and other proprietary rights notices from the Software and Documentation. You agree to prevent any unauthorized copying or distribution of the Software.

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, Updates and prior versions to such person or entity and that you retain no copies, including copies stored on a computer. You may transfer the Software and Documentation, but only if the recipient agrees to accept and be bound by the terms and conditions of this Agreement. If you transfer the Software, you must transfer all components and Documentation and erase any copies residing on computer equipment and not retain any copies of the Software. Your rights in and to this Agreement are automatically terminated if and when you transfer the Software.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND AND YOUR USE OF THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. GREY BOX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE GREY BOX. IN NO EVENT WILL GREY BOX BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF GREY BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GREY BOX SHALL ALSO NOT BE LIABLE FOR ANY DELAYS, SYSTEM FAILURES OR SYSTEM OUTAGES WHICH MAY, FROM TIME TO TIME, AFFECT ONLINE GAME PLAY (IF ANY) OR ACCESS THERETO. GREY BOX’S LIABILITY TO YOU SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

This Agreement represents the complete agreement between the parties and supersedes any prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties; provided, however, that Grey Box has the right, without notice and/or without a writing signed by both parties, to amend this Agreement in connection with any Updates or a post on Grey Box’s website, www.greybox.com.

This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Texas excluding and without giving effect to conflict of law rules and principles. You submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Agreement shall be brought in the applicable state or federal court for Harris County, Texas and such courts shall have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. You hereby waive any claim that such venue is improper or inconvenient. YOU EXPRESSLY AGREE THAT ANY ACTION TO ENFORCE THE TERMS OF THIS AGREEMENT SHALL BE A SINGLE ACTION AND MAY NOT BE COMBINED WITH ANY OTHER ACTION OR OTHERWISE BE PART OF A CLASS ACTION.

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Without prejudice to any other rights of Grey Box, this Agreement will terminate automatically if you fail to comply with its terms and conditions. Except for the license granted herein and as expressly provided herein, the terms of this Agreement will survive termination.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

The game and manual (if any) that accompany the Software are each a work of fiction. All of the characters, events, locations, logos, and entities portrayed in such game are fictional. Any resemblance to real persons, living or dead, or actual events, is purely coincidental.