EULA

EULA FHG 2016 V2.0.PDF

Four Horsemen Games
End­-User License Agreement

Last updated: 09-12-2016

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”). BY DOWNLOADING AND INSTALLING FOUR HORSEMEN GAMES SOFTWARE (“SOFTWARE”), YOU AND ANY ENTITY YOU REPRESENT (“CUSTOMER”) AGREE TO BE BOUND BY THIS AGREEMENT WITH FOUR HORSEMEN GAMES. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

Limited License Grant

This License grants you (“Customer”) a revocable, non­exclusive, non­transferable, limited license to download, install and use of Four Horsemen Games applications solely for your personal, non­commercial purposes strictly in accordance with the terms of this Agreement. With respect to the specific program modules, feature set(s) or feature(s) of the Software identified in any Proof of Entitlement, and subject to Customer’s compliance with the Limitations and Restrictions section of this Agreement, including, without limitation, Customer’s payment of any applicable Fees, Four Horsemen Games grants to Customer a limited, revocable, nonexclusive and nontransferable license, during the License Term to: (1) download, install and use such Software consistent with the use and restrictions set forth in the applicable Proof of Entitlement and only for Customer’s internal business purposes; (2) reproduce, copy, modify, and create derivative works of any such Software that is provided in source code format, only for Customer’s internal business purposes; provided, however, that if any Software is provided in source code format, Customer shall not create any derivative works of the Software that contain Open Source Software nor shall Customer use the Software or portion thereof to merge with, link to, make function calls to, or share data structures with any Open Source Software, if any such combination or use of the Software would require the Software to be made available royalty free or in source code form; (3) use the Software in conjunction with Third Party Software in a manner consistent with the terms of this Agreement; (4) review the Software including, without limitation, unpacking archives (such as ZIP, SWI and RPM files provided by Four Horsemen Games), and accessing underlying operating system facilities; and (5) extend the Software provided in source code format and linking Customer-developed software to the Software. As used in this Agreement, “Open Source Software” means any software made available by a third party under a license approved by the Open Source Initiative, or any substantially similar license.

Limitations and Restrictions

Except as otherwise expressly provided in this Agreement, the foregoing license grant excludes any right to, and Customer shall not: (1) sell, transfer, assign or sublicense the Software or Customer’s license rights under this Agreement, whether voluntarily or by operation of law, to any third party, directly or indirectly, and any such attempted transfer, assignment or sublicense shall be void; (2) use or allow use of the Software on any hardware other than the Equipment or Applicable Devices; (3) modify, reproduce, decompile, decrypt, disassemble, reverse engineer, create derivative works of or otherwise reduce to human- readable form any Software (other than Software that is provided in source code format); gain access to confidential information in the Software; circumvent any copy-protection or license enforcement; or attempt to do any of the foregoing, except to the extent expressly permitted by applicable law; (4) combine, commingle, or integrate any Software with Open Source Software or incorporate Open Source Software into any Software that may add any additional Open Source Software requirements, obligations, or licensing terms to the Software; (5) disclose to any third party any results of benchmarking or other testing generated in connection with Customer’s use of Software, including without limitation any comparisons of the Software or Equipment with any other products; (6) provide a third party with a copy of or access to the Software (including, without limitation, source code) (if Customer does so, Customer will be responsible to Four Horsemen Games for all acts of such third party); (7) remove from the Software (or fail to include in any copy) any readme files, notices, headers, disclaimers, marks or labels; and (8) use or allow use of the Software in violation of any applicable law or regulation or to support or facilitate any illegal activity. Customer shall be liable to Four Horsemen Games for any damages, injury or harm caused to Four Horsemen Games as a result of Customer’s violation of any of these limitations or restrictions.

Evaluation License

Four Horsemen Games may make certain Software available in object code form to end users only for evaluation, training or other limited non-commercial and limited commercial promotional purposes without charging a Fee (“Evaluation License”). Where Four Horsemen Games has provided an Evaluation License, all of the terms of this End User License Agreement shall apply except that (i) Customer’s license rights shall be limited to the evaluation of that Software, (ii) Customer shall not be required to pay a Fee for the evaluation of that Software and (iii) Four Horsemen Games shall have the right to revoke the license to the Software at any time and for any reason.

Updates

The terms and conditions of this Agreement shall apply to any upgrades, updates, bug fixes or modified versions (collectively, “Updates”) or additional copies of the Software. Notwithstanding any other provision of this Agreement: (1) Customer has no license or right to use any such Updates or additional copies unless Customer, at the time of acquiring them, already holds a valid license to the Software associated with such Updates and has paid any required Fees for such Software; and (2) use of additional copies of the Software is limited to backup purposes only. By downloading or using any Updates, Customer’s rights with respect to the Updates are subject to the terms of the latest revision of this Agreement posted at the time of receipt of the Updates, then-current policies and procedures of Four Horsemen Games, and Customer’s Proof of Entitlement for the Software associated with such Updates.

Proprietary Notices

Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer may make such backup copies of the Software as may be necessary for Customer’s lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.

Reservation of Rights

The Software and documentation are owned by Four Horsemen Games and its licensors, and is protected by copyright, patent, trademark, and trade secret laws of the European Union and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between Customer and Four Horsemen Games, the Software, including without limitation intellectual property rights therein and thereto, are the sole and exclusive property of Four Horsemen Games or its subsidiaries or affiliated companies and/or its third-party licensors. All Software is licensed to Customer, not sold. Four Horsemen Games reserves all rights not expressly granted in this Agreement, and no rights or licenses shall be deemed or interpreted to be granted or transferred hereunder, whether by implication, estoppel, or otherwise.

Protection of Information

Customer agrees that the Software and associated documentation, including, without limitation, the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Four Horsemen Games. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Four Horsemen Games.

Term and Termination

This Agreement is effective until terminated. Customer may terminate this Agreement at any time by destroying all copies of Software including, without limitation, any documentation. Customer’s license rights under this Agreement will terminate immediately without notice from Four Horsemen Games if Customer fails to comply with any provision of this Agreement. If Customer’s Proof of Entitlement for any Software states that the license for that Software is “Perpetual,” then the License Term applicable to that Software is perpetual, subject only to termination for breach of this Agreement. Upon termination or expiration of this Agreement for any reason Customer shall immediately cease using any Software and must destroy all copies of the Software and associated documentation in its possession or control.

Disclaimer of Liabilities

IN NO EVENT WILL FOUR HORSEMEN GAMES OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FOUR HORSEMEN GAMES OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF FOUR HORSEMEN GAMES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID TO FOUR HORSEMEN GAMES BY CUSTOMER FOR THE SOFTWARE OR EQUIPMENT THAT IS THE SUBJECT OF SUCH CLAIM IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHEN NOTICE OF SUCH CLAIM WAS PROVIDED HEREUNDER.

Indemnification

Customer shall defend, indemnify, and hold Four Horsemen Games, its affiliates, directors, employees, and representatives harmless against any liabilities, losses, damages, claims, demands, fees, expenses and other costs of any kind or nature, including, without limitation, any attorney fees, expert fees, filing fees, judgments, and settlement amounts associated therewith, as and when incurred, arising out of or related to Customer’s use of the Software or any breach or alleged breach by Customer or any of Customer’s employees, representatives or agents of any obligation, representation contained in this Agreement.

Export and Compliance with Laws

Customer shall comply with all applicable laws and regulations in connection with its use of the Software, as well as related technical information and data. Customer acknowledges that the Software may contain encryption or encryption technology and may be subject to certain controls and restrictions under EU and non-EU export, re-export and other laws, regulations and restrictions (collectively, the “Export Regulations”). Customer agrees that it is solely responsible for obtaining and will obtain any necessary approvals or licenses from the applicable EU and foreign regulatory authorities. Without limiting the generality of the foregoing, Customer represents and warrants to Four Horsemen Games that it will not, directly or indirectly, export or re-export, supply or otherwise make available the Software or any related technical information or data to any person in violation of any Export Regulation, including, without limitation, re-exporting, supplying or otherwise making available the Software.

Trust-Based Licensing Model

Certain Software licensed under this Agreement does not include programmatic license enforcement. It is Customer’s responsibility to ensure compliance with this Agreement, including, without limitation, all applicable restrictions set forth herein or in any Proof of Entitlement. By adopting this trust-based licensing model, Four Horsemen Games does not waive its right to enforce any aspect of this Agreement at any time. Additionally, Four Horsemen Games knowledge of Customer’s use of the Software beyond the scope of the license shall not operate as a waiver of Four Horsemen Games rights to enforce the terms of this Agreement under any legal or equitable doctrine.

Survival

The license limitations and restrictions contained in the section entitled “Limitations and Restrictions” as well as the following provisions shall survive the termination or expiration of this Agreement: Reservation of Rights, Protection of Information, Term and Termination, Disclaimer of Liabilities, Indemnification and General Provisions.

General Provisions

Four Horsemen Games may assign this Agreement or delegate its responsibilities without restriction. Customer may not assign this Agreement, its rights or licenses, or delegate its duties, hereunder, nor may any successor entity of Customer assume such rights, licenses or duties, in whole or in part, directly or indirectly, whether by sale of stock or assets, merger, change of control, operation of law, or otherwise, without Four Horsemen Games prior written consent. Any assignment or assumption in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective permitted successors and assigns. This Agreement is the entire agreement between Four Horsemen Games and Customer with respect to the Software, and supersedes any and all prior agreements, negotiations, or other communications between Four Horsemen Games and Customer, whether oral or written, with respect to the subject matter hereof. In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed to be reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed to be severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. Four Horsemen Games failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. Four Horsemen Games waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of the Agreement. The English language version of this Agreement shall be the official and controlling version, and any translation provided is solely for convenience.

Contact Information

If you have any questions about this EULA, please contact us via email:

info@fourhorsemengames.nl

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