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END-USER LICENSE AGREEMENT

SCOPE

This End-User License Agreement (“EULA”) will apply to The Masterplan ™ computer game software in object code form, as well as all related digital asset files, including without limitation updates, upgrades, and other modifications, and any related documentation (“Product”) made available to the licensee by Shark Punch Oy (”Licensor”). You as either the licensee or a permitted person user (“you”) agree to be legally bound by this EULA by using the Product. If you do not agree to this EULA, you are not permitted to use the Product, and you are encouraged to contact the person from whom you have received the Product for instructions on return and a refund in case you have paid consideration for the Product.

LICENSE TERMS

Subject to the payment of applicable license fees, you shall have a limited, non-exclusive, and non-transferable right to install and use the Product on your own personal computers and only for your personal non-commercial purposes. Title, ownership and all intellectual property rights to the Product belong exclusively to the Licensor or any supplier of the Licensor. The Product is licensed, not sold.

You shall not (i) modify, work around any technical limitations, decompile, disassemble, reverse-engineer, or otherwise endeavor to examine the function or structure of the Product, or create derivative works based on the Product, or use detached files, libraries or other parts of the Product in connection with third party software unless expressly permissible under the Product specifications; or (ii) assign, transfer, sublicense, rent, pledge, or otherwise distribute or make available, the Product or your limited right to use the Product; save to the extent that is otherwise expressly provided for by mandatory provisions of applicable law. However, you are allowed to modify, add or remove heist scenario data files, such as graphics, sounds, and maps but excluding game engine modules, on your own responsibility and strictly for the purpose of creating new non-commercial game content and distributing the created data files for non-commercial purposes.

You may propose modifications or improvements to the Product. By choosing to disclose such a proposal to the Licensor, you grant the Licensor all title and ownership and all intellectual property rights to such modifications or improvements.

Your right to use the Product will terminate immediately and without notice in case you are in breach of this EULA.

NO WARRANTY

THE PRODUCT IS LICENSED STRICTLY “AS IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER, WHETHER ALLEGED, ARISING BY OPERATION OF LAW, CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING, INCLUDING BUT WITHOUT LIMITATION TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE OR NON-INFRINGEMENT, AND YOU MUST ASSUME THE ENTIRE RISK FOR YOUR USE OF THE PRODUCT
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LIMITED LIABILITY

To the maximum extent permitted by the applicable law neither the Licensor nor any supplier of the Licensor shall be liable for any damages whatsoever, including but without limitation to direct, indirect, special, consequential, exemplary, collateral, punitive or incidental damages, and loss of revenue, profit or data. In any case the maximum liability of the Licensor and its suppliers will be equal to the amount paid by you for the right to use the Product, or EUR 15, whichever is less.

These limitations of liability constitute an essential part of this EULA, and will apply even if any remedy fails in its essential purpose.

LAWS AND FORUM

Your right to use the Product and the terms of this EULA will be governed by substantial laws of Finland with the exception of the principles of choice of law of any jurisdiction. The terms of this EULA will be applied only to the maximum extent permitted by applicable statutory rights of a consumer.

Any and all disputes arising out of this EULA will be intended to be settled amicably. In case an amicable settlement is not reached, the dispute will be submitted to the District Court of Helsinki, Finland.