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-End User License Agreement
-
-License
-1.Under this End User License Agreement (the "Agreement"), Frictional
-Games (the "Vendor") grants to the user (the "Licensee") a
-non-exclusive and non-transferable license (the "License") to use
-The Penumbra Collection (the "Software").
-
-2."Software" includes the executable computer programs and any related
-printed, electronic and online documentation and any other files that
-may accompany the product.
-
-3.Title, copyright, intellectual property rights and distribution
-rights of the Software remain exclusively with the Vendor. Intellectual
-property rights include the look and feel of the Software. This
-Agreement constitutes a license for use only and is not in any way a
-transfer of ownership rights to the Software.
-
-4.The Software may be loaded onto no more than one computer. A single
-copy may be made for backup purposes only.
-
-5.The rights and obligations of this Agreement are personal rights
-granted to the Licensee only. The Licensee may not transfer or assign
-any of the rights or obligations granted under this Agreement to any
-other person or legal entity. The Licensee may not make available the
-Software for use by one or more third parties.
-
-6.The Software may not be modified, reverse-engineered, or de-compiled
-in any manner through current or future available technologies.
-
-7.Failure to comply with any of the terms under the License section
-will be considered a material breach of this Agreement.
-
-
-License Fee
-8.The original purchase price paid by the Licensee will constitute the
-entire license fee and is the full consideration for this Agreement.
-
-
-Limitation of Liability
-9.The Software is provided by the Vendor and accepted by the Licensee
-"as is". The Vendor will not be liable for any general, special,
-incidental or consequential damages including, but not limited to, loss
-of production, loss of profits, loss of revenue, loss of data, or any
-other business or economic disadvantage suffered by the Licensee
-arising out of the use or failure to use the Software.
-
-10.The Vendor makes no warranty expressed or implied regarding the
-fitness of the Software for a particular purpose or that the Software
-will be suitable or appropriate for the specific requirements of the
-Licensee.
-
-11.The Vendor does not warrant that use of the Software will be
-uninterrupted or error-free. The Licensee accepts that software in
-general is prone to bugs and flaws within an acceptable level as
-determined in the industry.
-
-
-Warrants and Representations
-12.The Vendor warrants and represents that it is the copyright holder
-of the Software. The Vendor warrants and represents that granting the
-license to use this Software is not in violation of any other
-agreement, copyright or applicable statute.
-
-
-Acceptance
-13.All terms, conditions and obligations of this Agreement will be
-deemed to be accepted by the Licensee ("Acceptance") on installation of
-the Software.
-
-
-Term
-14.The term of this Agreement will begin on Acceptance and is perpetual.
-
-
-Termination
-15.This Agreement will be terminated and the License forfeited where
-the Licensee has failed to comply with any of the terms of this
-Agreement or is in breach of this Agreement. On termination of this
-Agreement for any reason, the Licensee will promptly destroy the
-Software or return the Software to the Vendor.
-
-
-Force Majeure
-16.The Vendor will be free of liability to the Licensee where the
-Vendor is prevented from executing its obligations under this Agreement
-in whole or in part due to Force Majeure, such as earthquake, typhoon,
-flood, fire, and war or any other unforeseen and uncontrollable event
-where the Vendor has taken any and all appropriate action to mitigate
-such an event.
-
-
-Governing Law
-17.The Parties to this Agreement submit to the jurisdiction of the
-courts of Sweden for the enforcement of this Agreement or any
-arbitration award or decision arising from this Agreement. This
-Agreement will be enforced or construed according to the laws of Sweden.
-
-
-Miscellaneous
-18.This Agreement can only be modified in writing signed by both the
-Vendor and the Licensee.
-
-19.This Agreement does not create or imply any relationship in agency
-or partnership between the Vendor and the Licensee.
-
-20.Headings are inserted for the convenience of the parties only and
-are not to be considered when interpreting this Agreement. Words in the
-singular mean and include the plural and vice versa. Words in the
-masculine gender include the feminine gender and vice versa. Words in
-the neuter gender include the masculine gender and the feminine gender
-and vice versa.
-
-21.If any term, covenant, condition or provision of this Agreement is
-held by a court of competent jurisdiction to be invalid, void or
-unenforceable, it is the parties' intent that such provision be reduced
-in scope by the court only to the extent deemed necessary by that court
-to render the provision reasonable and enforceable and the remainder of
-the provisions of this Agreement will in no way be affected, impaired
-or invalidated as a result.
-
-22.This Agreement contains the entire agreement between the parties.
-All understandings have been included in this Agreement.
-Representations which may have been made by any party to this Agreement
-may in some way be inconsistent with this final written Agreement. All
-such statements are declared to be of no value in this Agreement. Only
-the written terms of this Agreement will bind the parties.
-
-23.This Agreement and the terms and conditions contained in this
-Agreement apply to and are binding upon the Vendor's successors and
-assigns.
-
-
-Notices
-24.All notices to the Vendor under this Agreement are to be provided at
-the following address:
- Frictional Games
- Sodra Tvargatan 6, 252 26 Helsingborg, Sweden
-