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BRINK PC DEDICATED SERVER END USER LICENSE

ZeniMax Media Inc., and its subsidiaries, affiliates and licensors (collectively, “ZeniMax”) grants you a non-transferable non-exclusive license to download and/or install and use the Brink™ PC Dedicated Server (“Tool”) and/or materials (“Materials”) (collectively the “Tool & Materials”) solely in connection with ZeniMax’s proprietary videogame, Brink™, in accordance with the terms below.

ZeniMax owns all of the rights, title and interest in the Tool & Materials and any and all content in Brink. You may not alter any of ZeniMax’s trademarks or logos, or alter or remove any of ZeniMax’s trademark or copyright notices included in or with the Tool & Materials, Brink or any ZeniMax product. Your right to use Tool & Materials is limited to the license grant herein, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use any of the Tool & Materials. Without limiting the preceding sentence, you may not modify, reverse engineer, disassemble, license, transfer, distribute, create works from, or sell the Tool, or use the Tool & Materials to further any purpose contrary to this license. Without limiting the foregoing, you may not use the Tool & Materials to promote another product or business, or on any site that operates or promotes a server emulator.

You may include materials created with the Tool & Materials on your website for the benefit of the fan community for Brink and provided that if you do so, you must also post the following notice on your site on the same web page(s) where those materials are located:

“This site is not endorsed by or affiliated with ZeniMax Media Inc., its subsidiaries, affiliates, or its licensors. Trademarks are the property of their respective owners. Brink content and materials copyright 2011 ZeniMax Media Inc. All Rights Reserved.” You will not represent that your site is endorsed or approved by or affiliated with ZeniMax or our licensors or that any other content on your site is endorsed or approved by or affiliated with ZeniMax or our licensors.

THESE TOOL & MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ZENIMAX SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

ANY USE YOU CHOOSE TO MAKE OF THESE TOOL & MATERIALS IS UNDERTAKEN BY YOU ENTIRELY AT YOUR OWN RISK. ZENIMAX DOES NOT WARRANT THAT THESE TOOL & MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER TECHNOLOGY.

ZENIMAX WILL NOT PROVIDE SUPPORT FOR THESE TOOL & MATERIALS. PLEASE DO NOT CALL OR SEND EMAIL TO ZENIMAX CUSTOMER SUPPORT REGARDING THESE TOOL & MATERIALS, AS ZENIMAX WILL NOT BE ABLE TO ANSWER THESE INQUIRIES.

IN NO EVENT SHALL ZENIMAX BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THIS LICENSE EVEN IF ZENIMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ZENIMAX RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THESE TOOL & MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO ANYONE.

At ZeniMax’s request, you agree to defend, indemnify and hold harmless ZeniMax from all liabilities, claims and expenses, including attorneys’ fees, arising from any breach of this License by you and/or your use or misuse of the Tool & Materials.

ZeniMax may make the Tool & Materials available at its site(s) located in the United States and/or Canada and/or the European Union and/or elsewhere worldwide. You are solely responsible for knowing and complying with all federal, national, state, provincial and local laws that may apply to your use of Tool & Materials in your own locale. By downloading any Tool & Materials, you warrant that you are not located in any country, or exporting the Tool & Materials to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods.

ZeniMax may revoke or terminate this license at any time, for any reason or no reason, in its sole discretion. Upon termination, you must destroy or return to ZeniMax all Tool & Materials. This License is governed by United States Copyright law (without regard to conflicts of law), and is the entire agreement between ZeniMax and you regarding the Tool & Materials.

If you agree to the above terms, please click on the button below indicating your agreement. If you decline, you may not use the Tool & Materials.