ENDLESS™ Legend

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ENDLESS LEGEND END-USER LICENCE AGREEMENT

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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.

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BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.

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IMPORTANT - READ CAREFULLY: 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.

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IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes and markets this Endless Legend video game. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use this Endless Legend video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Endless Legend End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of Endless Legend video game, including: computer software, 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 software, and "online" or electronic documentation ("SOFTWARE PRODUCT").

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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.

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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.

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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.

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1.	GRANT OF LICENSE.

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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.

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In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE, as of the paying of the purchase price, a limited non-exclusive and non-transferable license to use the SOFTWARE PRODUCT.

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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.

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If the LICENSOR releases and distributes Endless Legend video game subsequent versions, the LICENSOR shall freely and at any time, alter prices, features, licensing terms, or other characteristics of the commercial release, what the LICENSEE expressly accepts.

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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.

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2.	RIGHTS AND LIMITATIONS.

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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.

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The LICENSEE may download, install and use the SOFTWARE PRODUCT on any computer free of charge without restrictions. More generally, the LICENSEE shall use the SOFTWARE PRODUCT in accordance with its destination, the documentation and the terms and conditions of this EULA.

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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.

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The LICENSEE shall not:

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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).

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-	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,
-	Make more copies of the SOFTWARE PRODUCT than allowed by applicable law,
-	Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT,

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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.

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The LICENSEE understands that the source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Nevertheless, the LICENSOR allows the LICENSEE, under its sole responsibility and at its own risks, 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. The LICENSOR makes no express or implied representations or warranties whatsoever regarding (i) the SOFTWARE PRODUCT as modified by the LICENSEE and (ii) any consequences of any kind arising out of or relating to the SOFTWARE PRODUCT as modified by the LICENCEE.

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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.

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3.	PROPERTY RIGHTS.

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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.

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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.

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6. DURATION AND TERMINATION.

The EULA remains in full force until termination.

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4.	USE RESTRICTIONS.

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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.

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The LICENSEE agrees that the SOFTWARE PRODUCT will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.

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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.

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5.	DISCLAIMERS.

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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.

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

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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.

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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 SOLE RISK.

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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.

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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, INREASE 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.

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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.

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6.	APPLICABLE LAW.

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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.

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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 favorable.

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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.

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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.

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By downloading the ALPHA VERSION and, subsequently, the SOFTWARE PRODUCT, you might also be downloading Microsoft DirectX 9.0c and Microsoft Visual C++ 2008, thus you will found hereafter reproduced the licences for those two Microsoft softwares.

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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.

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MICROSOFT DirectX 9.0c

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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.

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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME

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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.

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These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and 
* support services
for this software, unless other terms accompany those items.  If so, those terms apply.

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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.

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BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

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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/. The LICENSEE acknowledges having read and understood this policy.

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If you comply with these license terms, you have the rights below.

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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.

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1. INSTALLATION AND USE RIGHTS.  You may install and use any number of copies of the software on your devices.

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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.

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2. SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  Microsoft reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.    You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.

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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.

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3. BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.

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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.

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4. DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

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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).

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5. EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use.  For additional information, see www.microsoft.com/exporting.

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6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

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7. ENTIRE AGREEMENT.  This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

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8. APPLICABLE LAW.
a. United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

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9. LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

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10. DISCLAIMER OF WARRANTY.   THE SOFTWARE IS LICENSED “AS-IS.”  YOU BEAR THE RISK OF USING IT.  MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.  YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00.  YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

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This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

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It also applies even if Microsoft knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

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Microsoft Visual C++ 2008

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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES

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These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and 
* support services
for this software, unless other terms accompany those items.  If so, those terms apply.

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By using the software, you accept these terms.  If you do not accept them, do not use the software.

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If you comply with these license terms, you have the rights below.

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1. INSTALLATION AND USE RIGHTS.  You may install and use any number of copies of the software on your devices.

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2. SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  Microsoft reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.    You may not
* disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.

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3. BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.

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4. DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

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5. EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use.  For additional information, see www.microsoft.com/exporting.

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6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

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7. ENTIRE AGREEMENT.  This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

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8. APPLICABLE LAW.
a. United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

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9. LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

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10. DISCLAIMER OF WARRANTY.   The software is licensed “as-is.”  You bear the risk of using it.  Microsoft gives no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws which this agreement cannot change.  To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

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11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.   You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00.  You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

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This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

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It also applies even if Microsoft knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Terms Watch

Changes