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END-USER LICENSE AGREEMENT

BY PURCHASING, DOWNLOADING, ACCESSING, INSTALLING AND/OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL, ACCESS OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.

Amplitude Studios, a French company registered before the Paris Companies and Commerce Register under number 529 778 185 which has its head office 40 avenue des terroirs de France, 75012 Paris, France (“the LICENSOR”) publishes the software which includes all software included with the video game, the associated media, 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 video game, any updates and upgrades that replace or supplement the software, and "online" or electronic documentation relating to the video game, and any and all copies of such software and materials ("SOFTWARE PRODUCT"). You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use the SOFTWARE PRODUCT. To this end, the LICENSEE consents to be bound by and is becoming a party to the End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of the 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. You should not use the SOFTWARE PRODUCT if You are not old enough to use it and/or to agree to the terms of this EULA under mandatories provisions of the laws of the state where You live. If applicable, You may be entitled to exercise Your right of withdrawal under the terms and conditions of the platform on which Your purchase was made.


1. GRANT OF LICENSE.


In consideration for the payment by the LICENSEE of the SOFTWARE PRODUCT purchase price and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE, as of the paying of the purchase price and from the downloading of the SOFTWARE PRODUCT, a limited non-exclusive, non-transferable and fully revocable right and license to install, access and use the SOFTWARE PRODUCT for the sole purpose of the LICENSEE’s personal and non-commercial use.


2. RIGHTS AND LIMITATIONS.


The LICENSEE shall download, install and 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 and notably exploit the SOFTWARE PRODUCT at a computer gaming center or any other location-based site;

-       Use the SOFTWARE PRODUCT or permit the use of the SOFTWARE PRODUCT, on more than one computer, game console, mobile device, handheld device or other video game device at the same time, unless expressly authorized by the LICENSOR;

-       Reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE PRODUCT, except as permitted by applicable law and to the extent that the LICENSOR is not permitted by such applicable law to exclude or limit such rights, the source code underlying the SOFTWARE PRODUCT constituting a trade secret;

-       Make more copies of the SOFTWARE PRODUCT than allowed by applicable law;

-       Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the SOFTWARE PRODUCT;

-       Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT.


3. PROPERTY RIGHTS.


The SOFTWARE PRODUCT is licensed, not sold and 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. DISCLAIMERS.


THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PERFORMANCE, OPERATION, CONFORMITY, RELIABILITY, SECURITY, 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’S SOLE RISK.

DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR DOES NOT WARRANT AN UNINTERRUPTED USE OF THE PRODUCT SOFTWARE OR THE PERFORMANCE OF THE SOFTWARE PRODUCT ON THE LICENSEE’S SPECIFIC DEVICE.

THE LICENSEE AGREE TO ENSURE TO MEET THE REQUIRED HARDWARE OR MINIMUM SYSTEM REQUIREMENTS FOR THE SOFTWARE PRODUCT (AS SPECIFIED IN THE SOFTWARE PRODUCT DOCUMENTATION).

THE LICENSOR HAS THE ABSOLUTE RIGHT TO, AT ANY TIME, MODIFY THE SOFTWARE PRODUCT AND/OR TO DISCONTINUE UPDATES TO THE SOFTWARE PRODUCT AND/OR TO UPDATE ITS REQUIRED HARDWARE OR MINIMUM SYSTEM REQUIREMENTS AND THE LICENSOR CANNOT BE HELD LIABLE IF THE SOFTWARE PRODUCT STOPS FUNCTIONNING ON THE LICENSEE’S DEVICE, NOTABLY DUE TO THE LICENSEE’S FAILURE TO MEET ANY CHANGES REQUIRED BY AN UPDATE OF THE REQUIRED HARDWARE OR MINIMUM SYSTEM REQUIREMENTS.

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, INCREASE 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.


5. AMENDMENT TO THE EULA.


The LICENSOR reserves the right to amend the EULA at any time, in any manner, at the LICENSOR sole discretion. Any newest version of the EULA will be published at https://eula.amplitude-studios.com/. By continuing to use the SOFTWARE PRODUCT after the LICENSOR has published an amended version of the EULA, the LICENSEE fully agrees to all its provisions.


6. DURATION AND TERMINATION.


The EULA remains in full force until termination.

The LICENSEE may automatically and without notice terminate the license granted under the EULA by ceasing use of the SOFTWARE PRODUCT at any time and the LICENSOR may automatically and without notice terminate the license granted under the EULA if the LICENSEE commits any breach of the EULA. Upon termination, the LICENSEE must destroy all copies of the SOFTWARE PRODUCT.


7. INDEMNIFICATION.


The LICENSEE agrees to indemnify, defend and hold harmless from any and all liability and costs (including, but not limited to, attorneys' fees and costs), incurred in connection with any claim arising out of any breach of the EULA by the LICENSEE.

The LICENSEE shall cooperate as reasonably required in the defense of any claim. The LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the LICENSEE, and the LICENSEE shall not settle any matter without the written consent of the LICENSOR.


8. IN-GAME CHAT.


The LICENSOR may make available to the LICENSEE an in-game chat feature to communicate with other players. The LICENSEE acknowledges that any communication through the in-game chat is considered public communication and shall not be deemed private or confidential. The LICENSOR is not responsible for the content, accuracy, or consequences of any communication made by the LICENSEE through this feature. The LICENSEE shall refrain from using the in-game chat to transmit any content that is unlawful, offensive, threatening, harassing, defamatory, obscene, or otherwise inappropriate.

The LICENSOR reserves the right, but not the obligation, to monitor, moderate, or remove chat content at its sole discretion and to take any appropriate measures, including suspending or terminating the LICENSEE's access to the chat or to the SOFTWARE PRODUCT in case of breach of this provision. The LICENSEE remains solely responsible for their own communications and indemnifies the LICENSOR against any claims arising from such use.


9. MODDING.


When the LICENSOR allows the creation of modifications for use within the SOFTWARE PRODUCT (e.g. new items, weapons, corrections, story lines) (“MODS”), the LICENSEE is allowed 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, and the LICENSEE warrants that he/she owns the necessary rights to create and publish the MODS. The LICENSEE acknowledges that the creation, uploading and/or publication of MODS are made at his/her own risks and that the LICENSEE will be solely responsible for any obligations, damages or losses arising from the creation and publication of MODS.

By uploading or publishing MODS, the LICENSEE grants the LICENSOR a worldwide, royalty-free, sub-licensable, non-exclusive right to use, reproduce, modify, distribute, transmit, transcode, translate, publish or otherwise communicate the MODS and the right to modify the MODS for all purposes related to the LICENSOR’s business.

The LICENSEE acknowledges that the license is granted to the LICENSOR free of charge because the MODS are made to be used within the SOFTWARE PRODUCT and because the LICENSEE wishes to share with the community the MODS for his/her own pleasure and public acknowledgment.

The LICENSEE acknowledges that the creation, publication and/or uploading of MODS may be subject to additional terms and conditions of the platforms on which the MODS are published and uploaded.


10. USER-GENERATED CONTENT.


The SOFTWARE PRODUCT may allow the LICENSEE to create and share audio, visual, or audiovisual content incorporating elements of the SOFTWARE PRODUCT, such as gameplay recordings or live streams (“User-Generated Content”). This clause does not apply to Mods, which are governed separately.

The LICENSEE remains solely responsible for all User-Generated Content and warrants that such content will not be unlawful, offensive, defamatory, infringing, or otherwise inappropriate. The LICENSEE may only upload or share content they have created and hold the necessary rights to use.

The LICENSOR does not claim ownership over User-Generated Content (excluding SOFTWARE PRODUCT, SOFTWARE PRODUCT footage, and other LICENSOR intellectual property), but the LICENSEE grants the LICENSOR a worldwide, irrevocable, royalty-free, perpetual license to use, reproduce, distribute, modify, and display such content.

The LICENSEE may not commercially exploit any User-Generated Content using SOFTWARE PRODUCT, SOFTWARE PRODUCT footage or any other LICENSOR’s intellectual property, without the LICENSOR’s prior written consent. The LICENSOR reserves the right to remove or disable any User-Generated Content at its sole discretion and without liability.


11. COLLECTION OF DATA.


By downloading, installing or otherwise using the SOFTWARE PRODUCT, the LICENSEE fully agrees to the LICENSOR’s personal data processing policy which is available at https://privacy.amplitude-studios.com/privacy_en.html. The LICENSEE acknowledges having read and understood this policy.


12. OPEN-SOURCE SOFTWARE AND THIRD-PARTY SOFTWARE.


The SOFTWARE PRODUCT incorporates open-source software and third-party software. By downloading, installing or otherwise using the SOFTWARE PRODUCT, the LICENSEE fully agrees to be bound by license terms applicable to such open-source software and third-party software.


13. THIRD-PARY LINK AND CONTENT.


The LICENSOR may provide links to third-party websites or resources through the SOFTWARE PRODUCT. The LICENSEE acknowledges that the LICENSOR is not responsible for their availability or content.

Access to such third-party websites is at the LICENSEE’s own risk and the LICENSOR makes no warranties regarding any third-party content and shall not be held liable for any damage or loss resulting from the LICENSEE’s use of or reliance on such content.


14. WORLDWIDE USE AND APPLICABLE LAW.


The SOFTWARE PRODUCT might be accessible worldwide but the LICENSOR makes no representation that it is available for use in the LICENSEE’s country (for example if its content is prohibited by the LICENSEE’s local laws). If the LICENSEE does access to the SOFTWARE PRODUCT in a country where its content is prohibited or limited, the LICENSEE does so on his/her own initiative and responsibility.

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 favourable (cumulative conditions).