Dusk2Dawn interactive Limited

Dusk2Dawn Interactive
END USER LICENCE AGREEMENT

This END USER LICENCE AGREEMENT ( “Licence”) is an agreement between you and Dusk2Dawn Interactive Limited., and its subsidiaries, affiliates and licensors (collectively, "D2D"). This Licence governs your use of this software and all related documentation, and update and upgrades that replace or supplement the software and are not distributed with a separate licence.

BY INSTALLING OR USING THE SOFTWARE, YOU CONSENT TO BE BOUND BY THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE, THEN DO NOT INSTALL OR USE THE SOFTWARE. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS LICENCE ARE FULLY ACCEPTED BY YOU.

1. Licence Grant and Terms of Use.

(a) Grant. D2D grants you a personal, non-exclusive licence to install and use the software for your personal, noncommercial use solely as set forth in this Licence and the accompanying documentation. The term of your licence shall commence on the date that you start to download, install or otherwise use the software, and shall end on the earlier of: (i) the date that you dispose of the software; (ii) the date that all applicable intellectual property rights (including, without
limitation, copyright) in the software expires; or (iii) D2D’s termination of this Licence.

(b) Trial Periods. If the software was provided to you at no charge, then the software may be used only for the time period specified by D2D at the time of product delivery (“Trial Period”), unless you purchase a further licence to the software at the end of the Trial Period.

(c) Copies. You may download the number of copies allowed by the software's digital rights management from an authorised source. However, you may use only one copy of the software on a single computer at any given time. You may not make a copy of the software available on a network where it could be used by multiple users at the same time. You may not make the software available over a network where it could be downloaded by multiple users. The number of copies that you can download during a consecutive period of days may be limited. For more information concerning the digital rights management that applies to this software, please review the purchase or other terms accompanying the distribution of the software.

(d) Pre-Release. Any attempt to circumvent or interfere with D2D’s authorised process for distribution of pre-release software process may result in termination of this Licence.

2. Reservation of Rights and Restrictions.

This software is licenced, and not sold, to you for use only under the terms of this Licence. Except as expressly licenced to you herein, D2D reserves all right, title and interest in the software (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The Licence is limited to the intellectual property rights of D2D and its licensors in the software and does not include any rights to other patents or intellectual property. Except, and only to the extent that may be permitted under applicable law, you may not decompile, disassemble, or reverse engineer the software by any means
whatsoever, or alter, modify, enhance, or create a derivative work of the software. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the software or create a bit torrent allowing the free distribution of the software in any country, regardless of which law resides.

3. Transfer.

You may make a permanent transfer all your rights to install and use the software to another individual or legal entity provided that:

(a) you also transfer this Licence and all copies of the software;
(b) you retain no copies of the software, upgrades, updates or prior versions; and
(c) the receiving party accepts the terms and conditions of this Licence.

D2D may require that any end user of the software register the software as a condition of use. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-RELEASE
COPIES OF THE SOFTWARE. YOU MAY NOT SUBLICENCE, RENT OR LEASE YOUR
RIGHTS IN THE SOFTWARE OR AUTHORISE ANY PORTION OF THE SOFTWARE TO BE
COPIED EXCEPT AS MAY BE EXPRESSLY PERMITTED IN THIS LICENCE.

4. Consent to Use of Data.

You agree that D2D may collect, use, store and transmit technical and related information that identifies your computer (including the Internet Protocol Address), operating system and application software and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you, including online play. D2D may also use this information in the aggregate, and in a form which does not personally identify you, to improve our products and services.
IF YOU DO NOT WANT D2D TO COLLECT, USE, STORE, TRANSMIT OR DISPLAY THE DATA DESCRIBED IN THIS SECTION, PLEASE DO NOT INSTALL OR USE THE SOFTWARE.

5. Consent to Public Display of Data.

When you use the software online, D2D and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play when you use the software online (including scores, rankings and achievements), or to identify content that is created and shared by you with other players. Data that personally identified you is collected, used, stored and transmitted in accordance with D2Ds Privacy Policy located at www.d2dgames.co.uk.

Termination.

This Licence is effective until terminated. Your rights under this Licence will terminate immediately and automatically without any notice from D2D if you fail to comply with any of the terms and conditions of this Licence. Promptly upon termination, you must cease all use of the software and destroy all copies of the software in your possession or control. D2D’s termination will not limit any of D2D’s other rights or remedies at law or in equity. Sections 2-10 of this Licence shall survive termination or expiration of this Licence for any reason.

Limited Warranty on Recording Media.

D2D WARRANTS TO THE ORIGINAL PURCHASER OF LEGITIMATE PRODUCT THAT THE MEDIA ON WHICH THE SOFTWARE IS RECORDED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE. YOUR EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY IS D2D’S REPLACEMENT OF THE PRODUCT CONTAINING THE SOFTWARE FREE OF CHARGE UPON RECEIPT OF THE PRODUCT AT D2D’S SERVICE CENTER, POSTAGE PAID, WITH PROOF OF PURCHASE. IF THE DEFECT IN THE RECORDING MEDIA RESULTED FROM ABUSE, MISTREATMENT OR NEGLECT, OR IF THE MEDIA IS FOUND TO BE DEFECTIVE AFTER 90 DAYS FROM THE ORIGINAL DATE OF PURCHASE, THIS WARRANTY IS CONSIDERED NIL AND VOID AND NO REPLACEMENT WILL BE ISSUED. THIS LIMITED WARRANTY AND ANY
IMPLIED WARRANTIES ON THE MEDIA INCLUDING IMPLIED WARRANTIES OF
MERCHANTIBILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF THE
ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. THE LIMITED WARRANTY SET FORTH IN THIS SECTION IS THE ONLY
WARRANTY MADE TO YOU AND IS PROVIDED IN LEIU OF ANY OTHER WARRANTIES (IF
ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties.

EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. D2D AND D2D’S LICENSORS (COLLECTIVELY D2D FOR PURPOSES OF THIS SECTION AND SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
D2D DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY D2D OR ANY AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D2D BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION RELATED TO THIS LICENCE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT D2D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH,
PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL
OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU. In no event shall D2D’s total liability to you for all damages (except as
may be required under applicable law) exceed the amount actually paid by you for the software.

Limitation of Liability and Disclaimer of Warranties are Material Terms of this Licence.

You agree that the provisions in this Licence that limit liability are essential terms of this Licence. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose.

Severability and Survival.

If any provision of this Licence is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.

U.S. Government Restricted Rights.

If you are a government end user, then this
provision applies to you. The software provided in connection with this Licence has been
developed entirely at private expense. As defined in FAR section 2.101, DFARS section 252.227-
7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation
thereof), such is “commercial items,” “commercial computer software” and/or “commercial
computer software documentation.” Consistent with DFARS section 227.7202 and FAR section
12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set
forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any
use, modification, reproduction, release, performance, display, disclosure or distribution thereof
by or for the U.S. Government shall be governed solely by this Licence and shall be prohibited
except to the extent expressly permitted by this Licence.

Injunctive Relief.

You agree that a breach of this Licence adversely affecting D2D’s proprietary rights in the software may cause irreparable injury to D2D for which monetary damages would not be an adequate remedy and D2D shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

Governing Law.

This Licence shall be governed by English Law. Unless expressly waived by D2D in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the English courts having within their jurisdiction the location of D2D’s principal place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by English law. The parties agree that the UN Convention on Contracts for the
International Sale of Goods (Vienna, 1980) shall not apply to this Licence nor to any dispute or
transaction arising out of this Licence.

Export.

You agree to abide by U.K. and other applicable export control laws and agree not to transfer the software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorisation.
You certify that you are not a person with whom D2D is prohibited from transacting business under
applicable law.

Entire Agreement.

This Licence constitutes the entire agreement between you and D2D with respect to the software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Licence will be binding unless made in writing and signed by D2D. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this Licence and any applicable purchase or other terms, the terms of this Licence shall govern.