========================================================================= ==== Epic MegaGames, Inc. LIMITED USE SOFTWARE LICENSE AGREEMENT ========================================================================= ==== Epic MegaGames, Inc. ("Epic") grants to you, the end user, a limited license to install and use this game program, and to use the associated information and written materials (collectively the "Game Materials"), subject to the terms of this Limited Use Software License Agreement ("Agreement"). This is a legal contract between you, the end user, and Epic. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE GAME PROGRAM. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE GAME PROGRAM, AND YOU MUST RETURN THE GAME AND GAME MATERIALS TO EPIC MEGAGAMES IMMEDIATELY. 1. Grant of License. Epic hereby grants to you, and you accept, a non- exclusive license to use the game program and the computer software contained therein in object-code-only form (collectively referred to as the "Game"), and the accompanying information and written materials (collectively referred to as the "Game Materials"), only as authorized in this Agreement. THE GAME MAY BE USED ONLY ON A SINGLE COMPUTER OWNED, LEASED, OR OTHERWISE CONTROLLED BY YOU; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is authorized without the advance written consent of Epic and the payment of additional license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement. 2. Copying Prohibited. Except as authorized under this paragraph, NO COPIES OF THE GAME OR ANY PORTIONS THEREOF MAY BE MADE BY YOU OR ANY PERSON UNDER YOUR AUTHORITY OR CONTROL. Upon downloading or installing the Game into your computer, you may make and retain one copy of the Game for the purpose of backup in the event that the Game is damaged or destroyed. Any such copy of the Game shall include Epic's copyright and other proprietary notices. 3. Licensor's Rights. You acknowledge and agree that the Game consists of proprietary, published and unpublished products of Epic, protected under United States copyright law and trade secret laws of general applicability, and international treaty provisions. You further acknowledge and agree that ALL RIGHT, TITLE, AND INTEREST IN AND TO THE GAME ARE AND SHALL REMAIN WITH EPIC. This Agreement does not convey to you an interest in or to the Game, but only a limited right of use that may be revoked by Epic in accordance with the terms of this Agreement. 4. Prohibited Uses. UNDER NO CIRCUMSTANCES SHALL YOU ENGAGE IN, OR KNOWINGLY PERMIT OTHERS TO ENGAGE IN, ANY OF THE FOLLOWING WITH RESPECT TO THE GAME AND RELATED MATERIALS: a. Renting the Game or related materials; b. Selling the Game or related materials; c. Leasing the Game or related materials; d. Offering the Game on a pay-per-play or similar basis; e. Distributing the Game for money or other consideration; f. Copying the Game or any portion thereof except as permitted above with respect to a single backup copy; or g. In any manner and through any medium whatsoever commercially exploit the Game or use the Game for any commercial purpose. 5. You may not decompile, recompile, disassemble, reverse engineer, adapt or create derivative works of the Program or any files or elements thereof . You may not use the artwork from the Program without Epic's prior written permission. 6. You may make custom levels of the Game for your own personal use only. You may not sell, distribute, bundle, or, otherwise, provide any custom levels you create to any third party for any compensation or remuneration whatsoever. 7. License Fees. The license fees paid by you are paid in consideration of the limited use license granted under this Agreement. 8. Term. THIS AGREEMENT IS EFFECTIVE UPON YOUR ACCESSING AND USING THE GAME ON YOUR COMPUTER, and shall continue until terminated. You may terminate this Agreement at any time by returning the Game and all copies thereof and extracts therefrom to Epic. Epic may terminate this Agreement upon the breach by you of any term hereof. Upon such termination by Epic, you agree to return to Epic the Game and all copies and portions thereof. 9. Limited Warranty. Epic warrants, for your benefit alone, that the Game and the Game Materials shall, for a period of thirty (30) days from the date of commencement of this Agreement (referred to as the Warranty Period), be free from defects in material and workmanship. Epic further warrants, for your benefit alone, that during the Warranty Period the Game shall operate substantially in accordance with the functional specifications in the Game Materials. If, during the Warranty Period, a defect in the Game appears, you may return the Game to Epic for either replacement or, if so elected by Epic, refund of amounts paid by you under this Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Epic of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE GAME, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND EPIC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE GAME WILL FUNCTION IN CONJUNCTION WITH OR ON ANY COMPUTER HARDWARE OR SOFTWARE NOT EXPRESSLY SUPPORTED BY THE GAME AT THE TIME THIS AGREEMENT FIRST BECOMES EFFECTIVE. 10. Limitation of Liability. Epic's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Epic for the use of the Game. In no event shall Epic be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Epic has been advised of the possibility of such damages. 11. Trademark. The names Epic and Epic MegaGames, as well as the names of the Game or Games licensed hereunder, are valuable registered and/or unregistered trademarks of Epic. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks. 12. Governing Law and Choice of Forum. This Agreement shall be construed and governed in accordance with the laws of the State of Virginia, and any action brought by either party to this Agreement against the other party regarding the subject matter hereof, shall be brought in the United States District Court for the Eastern District of Virginia, Alexandria Division, unless the parties agree in writing to the adjudication of the dispute by another court. 13. Costs of Litigation. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 14. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 15. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. 16. Entire Agreement. This Agreement constitutes the entire Agreement between the parties. This Agreement may not be amended or modified except in a writing signed by you and Epic.
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