ENDLESS SPACE END-USER LICENCE AGREEMENT


BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.

IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes and markets this Endless Space video game. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use this Endless Space video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Endless Space End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of Endless Space video game, including: computer software, programs, its code, objects including their API's, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT").

By installing, downloading, creating a back-up, or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE PRODUCT or must destroy the SOFTWARE PRODUCT and any copies thereof.

1. GRANT OF LICENSE.

In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE, as of the paying of the purchase price, a limited non-exclusive and non-transferable license to use the SOFTWARE PRODUCT.

If the LICENSOR releases and distributes Endless Space video game subsequent versions, the LICENSOR shall freely and at any time, alter prices, features, licensing terms, or other characteristics of the commercial release, what the LICENSEE expressly accepts.


2. RIGHTS AND LIMITATIONS.

The LICENSEE may download, install and use the SOFTWARE PRODUCT on any computer free of charge without restrictions. More generally, the LICENSEE shall use the SOFTWARE PRODUCT in accordance with its destination, the documentation and the terms and conditions of this EULA.

The LICENSEE shall not:

- Incorporate the SOFTWARE PRODUCT into any other "commercial" software product,
- Display, distribute, resell, rent, loan or make available the SOFTWARE PRODUCT to a third party, on any basis and for any reason,
- Make more copies of the SOFTWARE PRODUCT than allowed by applicable law,
- Use the SOFTWARE PRODUCT with any open source software or other software subject to the GNU General Public License or the Lesser General Public License,
- Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT,

The LICENSEE understands that the source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Nevertheless, the LICENSOR allows the LICENSEE, under its sole responsibility and at its own risks, to reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE PRODUCT to create or to perform a function not originally conceived or intended by the LICENSOR and/or to create new or altered content. The LICENSOR makes no express or implied representations or warranties whatsoever regarding (i) the SOFTWARE PRODUCT as modified by the LICENSEE and (ii) any consequences of any kind arising out of or relating to the SOFTWARE PRODUCT as modified by the LICENCEE.

3. PROPERTY RIGHTS.

This EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the SOFTWARE PRODUCT and any copy of the SOFTWARE PRODUCT made by the LICENSEE are and remain exclusively owned by the LICENSOR. The SOFTWARE PRODUCT is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE PRODUCT like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy of the SOFTWARE PRODUCT. Except as specifically provided for in this EULA, the LICENSOR reserves all of its other rights.

4. USE RESTRICTIONS.

The LICENSEE agrees that the SOFTWARE PRODUCT will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.

5. DISCLAIMERS.

THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE PRODUCT IS AT THE LICENSEE SOLE RISK.

THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS SOFTWARE PRODUCT, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT.

6. APPLICABLE LAW.

This EULA shall be governed by French law unless the LICENSEE acquired the SOFTWARE PRODUCT outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.