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YRMINSUL SOFTWARE END USER LICENSE AGREEMENT
Version: April 01, 2014
Here we go for some boring stuff!
This Software End User License Agreement ("Agreement") constitutes a valid and binding agreement between Studio BlackFlag, Inc., a French corporation and its affiliates and business partners (singly and collectively, "Company") and the end user ("you," or "your") of the Software. As used in this Agreement, the term "Software" means collectively the videogame entitled “Yrminsul” (the “Game”), any toolsets, engines and/or technologies included within the Game, any online or enclosed documentation, any and all copies and/or derivative works of the Game, related software and/or documentation, including without limitation, any and all “patches,” future programming fixes, updates and upgrades provided to you.
The Software will not function unless it is installed on a computer which meets its minimum installation requirements.
IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.
1. License Grant. Subject to the terms of this Agreement, Company hereby grants you during the Term (defined below) a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Software onto a computer and to use the Software solely for the purpose of evaluating the Software and providing feedback regarding the Software to Company. The Software may only be used in accordance with this Agreement and any rules, restrictions or documentation set forth by Company from time to time.
2. License Restrictions. (a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works (other than game maps, levels and/or mods Company allows you to create for non-commercial purposes through the software tools provided with the Software), translation, reverse engineering, decompiling, disassembling or hacking of the Software; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software, including, without limitation, through sublicense, to any other entity without the prior written consent of Company; (iv) make any false, misleading or deceptive statement or representation regarding Company and/or the Software; (v) use the Software for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Software or any manner not permitted by the licenses granted herein; (vi) use the Software to, or in any way that would, violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the users of the by monitoring, interdicting or intercepting any process of the Software; and (viii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, addon, hack, trainer, mod, cheat, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the Software (collectively, "Unauthorized Programs"). Furthermore, you may not use the Software to develop, generate, transmit or store information that: (A) infringes Company or any third party intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Software; (D) performs any unsolicited commercial communication not permitted by applicable law; (E) constitutes harassment or a violation of privacy or threatens other people or groups of people; or (F) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
(b) The Software may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Company to enforce any of your rights in relation thereto. All modifications or enhancements to the Software remain the sole property of Company. You understand that Company, in its sole discretion, may modify or discontinue or suspend your right to access or use any of the Software at any time, and may at any time suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice. Company reserves the right to add or remove features or functions to the Software at any time in its sole discretion. When installed on your computer, the Software may periodically communicate with Company servers for authentication purposes. You acknowledge and agree that Company has no obligation to make available to you any subsequent versions of its software applications.
3. Proprietary Rights. The Software contains proprietary and confidential information of Company, including copyrights which are protected by international copyright laws, trade secrets and trademarks contained in the Software. Title to and ownership of the Software, including without limitation all intellectual property rights in and to the Software, are and shall remain the exclusive property of Company and its licensors, and except for the limited license granted to you by Company, Company reserves all right, title and interest in and to the Software. You shall not take any action to jeopardize, limit or interfere with Company's ownership of and rights with respect to the Software. You acknowledge that any unauthorized copying or unauthorized use of the Software is a violation of this Agreement and is strictly prohibited.
4. Term and Termination. (a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until termination by either party as set forth below. As used herein, the term "Term" means the period of time from the date you accept this Agreement until the date this Agreement terminates or expires.
(b) You may terminate this Agreement at any time provided you cease all use of the Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the Software in your possession. Company may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Software.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Software shall terminate, and you must remove the Software from your computer equipment and dispose of all originals and copies of the Software in your possession, and (ii) Sections 2, 3, 4(c), and 5 through 13 shall survive such termination.
5. Your Representations and Warranties. (a) You represent and warrant that you: (i) possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) will use the Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) will always provide and maintain true, accurate, current and complete information as requested by Company, (iv) are of a lawful age in your applicable jurisdiction to enter into this Agreement and install and use the Software, and (v) will only use the Software on a computer on which such use is authorized by the computer's owner or lessee, as applicable.
(b) You agree that you will not: (i) use any automatic or manual device or process (including, without limitation, Unauthorized Software) to interfere or attempt to interfere with the proper working of the Software, except to remove the Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement, (ii) attempt to decompile, reverse engineer or hack the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Company with respect to the Software and/or data transmitted, processed or stored by Company or other users of the Software, (iii) take any steps to interfere with or in any manner compromise or violate any of Company's or the Software’s security measures, any other individual's or entity's computer utilizing the Software. Company reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree to cooperate fully in any such investigations and you expressly acknowledge and agree that Company may disclose your personal information to comply with law enforcement or any legal, governmental or regulatory order or action.
(c) If Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Company may terminate this license, deny any or all use of the Software, and pursue any appropriate legal remedies.
6. Indemnity. You agree to indemnify, hold harmless and defend Company and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (collectively, the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Company arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of Confidential Information or (b) use or misuse of the Software.
7. Disclaimer of Warranties. (a) THE SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY COMPANY, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS.
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) As some jurisdictions do not allow some of the exclusions set forth in this Section 8, some of these exclusions may not apply to you.
8. Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, UNINSTALLATION, USE OR INABILITY TO USE THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF COMPANY OR ANY OF THE RELATED PARTIES TO YOU EXCEED TWENTY DOLLARS (USD$20).
As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.
9. Equitable Remedies. You hereby agree that Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
10. Export Administration. You will comply fully with all relevant export laws and regulations of France, including, without limitation, the French Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
11. General Provisions. Company reserves all rights not expressly granted in this Agreement. Company may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.studioblackflag.com. Your continued use of the Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership, agency or joint venture between you and Company. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect. The failure of Company at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Company may, at its sole discretion, assign this Agreement without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO COMPANY THE RIGHTS SET FORTH HEREIN.
12. Consent to Data Collection. You acknowledge and agree the Software may make Internet connections to check for updates and inform you about Yrminsul and the Company. The company does not sell any information gained, nor does disclose any collected data without your express permission.
13. Third party licenses. Yrminsul incorporates certain software modules used under licence from Unity Technologies, of 345 Broadway Street, Suite 200, San Francisco, CA 94133, USA (“Unity”). As a condition of the licence these modules may make Internet connections and report information back to Unity to (i) check for software updates; (ii) provide aggregated usage statistics; and (iii) to validate licence keys in order to prevent unauthorised use. This data collection is subject to Unity’s privacy policy, which is available at http://unity3d.com/company/legal/privacy-policy.
Version: April 01, 2014
Here we go for some boring stuff!
This Software End User License Agreement ("Agreement") constitutes a valid and binding agreement between Studio BlackFlag, Inc., a French corporation and its affiliates and business partners (singly and collectively, "Company") and the end user ("you," or "your") of the Software. As used in this Agreement, the term "Software" means collectively the videogame entitled “Yrminsul” (the “Game”), any toolsets, engines and/or technologies included within the Game, any online or enclosed documentation, any and all copies and/or derivative works of the Game, related software and/or documentation, including without limitation, any and all “patches,” future programming fixes, updates and upgrades provided to you.
The Software will not function unless it is installed on a computer which meets its minimum installation requirements.
IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.
1. License Grant. Subject to the terms of this Agreement, Company hereby grants you during the Term (defined below) a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Software onto a computer and to use the Software solely for the purpose of evaluating the Software and providing feedback regarding the Software to Company. The Software may only be used in accordance with this Agreement and any rules, restrictions or documentation set forth by Company from time to time.
2. License Restrictions. (a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works (other than game maps, levels and/or mods Company allows you to create for non-commercial purposes through the software tools provided with the Software), translation, reverse engineering, decompiling, disassembling or hacking of the Software; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software, including, without limitation, through sublicense, to any other entity without the prior written consent of Company; (iv) make any false, misleading or deceptive statement or representation regarding Company and/or the Software; (v) use the Software for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Software or any manner not permitted by the licenses granted herein; (vi) use the Software to, or in any way that would, violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the users of the by monitoring, interdicting or intercepting any process of the Software; and (viii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, addon, hack, trainer, mod, cheat, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the Software (collectively, "Unauthorized Programs"). Furthermore, you may not use the Software to develop, generate, transmit or store information that: (A) infringes Company or any third party intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Software; (D) performs any unsolicited commercial communication not permitted by applicable law; (E) constitutes harassment or a violation of privacy or threatens other people or groups of people; or (F) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
(b) The Software may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Company to enforce any of your rights in relation thereto. All modifications or enhancements to the Software remain the sole property of Company. You understand that Company, in its sole discretion, may modify or discontinue or suspend your right to access or use any of the Software at any time, and may at any time suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice. Company reserves the right to add or remove features or functions to the Software at any time in its sole discretion. When installed on your computer, the Software may periodically communicate with Company servers for authentication purposes. You acknowledge and agree that Company has no obligation to make available to you any subsequent versions of its software applications.
3. Proprietary Rights. The Software contains proprietary and confidential information of Company, including copyrights which are protected by international copyright laws, trade secrets and trademarks contained in the Software. Title to and ownership of the Software, including without limitation all intellectual property rights in and to the Software, are and shall remain the exclusive property of Company and its licensors, and except for the limited license granted to you by Company, Company reserves all right, title and interest in and to the Software. You shall not take any action to jeopardize, limit or interfere with Company's ownership of and rights with respect to the Software. You acknowledge that any unauthorized copying or unauthorized use of the Software is a violation of this Agreement and is strictly prohibited.
4. Term and Termination. (a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until termination by either party as set forth below. As used herein, the term "Term" means the period of time from the date you accept this Agreement until the date this Agreement terminates or expires.
(b) You may terminate this Agreement at any time provided you cease all use of the Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the Software in your possession. Company may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Software.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Software shall terminate, and you must remove the Software from your computer equipment and dispose of all originals and copies of the Software in your possession, and (ii) Sections 2, 3, 4(c), and 5 through 13 shall survive such termination.
5. Your Representations and Warranties. (a) You represent and warrant that you: (i) possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) will use the Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) will always provide and maintain true, accurate, current and complete information as requested by Company, (iv) are of a lawful age in your applicable jurisdiction to enter into this Agreement and install and use the Software, and (v) will only use the Software on a computer on which such use is authorized by the computer's owner or lessee, as applicable.
(b) You agree that you will not: (i) use any automatic or manual device or process (including, without limitation, Unauthorized Software) to interfere or attempt to interfere with the proper working of the Software, except to remove the Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement, (ii) attempt to decompile, reverse engineer or hack the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Company with respect to the Software and/or data transmitted, processed or stored by Company or other users of the Software, (iii) take any steps to interfere with or in any manner compromise or violate any of Company's or the Software’s security measures, any other individual's or entity's computer utilizing the Software. Company reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree to cooperate fully in any such investigations and you expressly acknowledge and agree that Company may disclose your personal information to comply with law enforcement or any legal, governmental or regulatory order or action.
(c) If Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Company may terminate this license, deny any or all use of the Software, and pursue any appropriate legal remedies.
6. Indemnity. You agree to indemnify, hold harmless and defend Company and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (collectively, the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Company arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of Confidential Information or (b) use or misuse of the Software.
7. Disclaimer of Warranties. (a) THE SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY COMPANY, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS.
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) As some jurisdictions do not allow some of the exclusions set forth in this Section 8, some of these exclusions may not apply to you.
8. Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, UNINSTALLATION, USE OR INABILITY TO USE THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF COMPANY OR ANY OF THE RELATED PARTIES TO YOU EXCEED TWENTY DOLLARS (USD$20).
As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.
9. Equitable Remedies. You hereby agree that Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
10. Export Administration. You will comply fully with all relevant export laws and regulations of France, including, without limitation, the French Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
11. General Provisions. Company reserves all rights not expressly granted in this Agreement. Company may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.studioblackflag.com. Your continued use of the Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership, agency or joint venture between you and Company. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect. The failure of Company at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Company may, at its sole discretion, assign this Agreement without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO COMPANY THE RIGHTS SET FORTH HEREIN.
12. Consent to Data Collection. You acknowledge and agree the Software may make Internet connections to check for updates and inform you about Yrminsul and the Company. The company does not sell any information gained, nor does disclose any collected data without your express permission.
13. Third party licenses. Yrminsul incorporates certain software modules used under licence from Unity Technologies, of 345 Broadway Street, Suite 200, San Francisco, CA 94133, USA (“Unity”). As a condition of the licence these modules may make Internet connections and report information back to Unity to (i) check for software updates; (ii) provide aggregated usage statistics; and (iii) to validate licence keys in order to prevent unauthorised use. This data collection is subject to Unity’s privacy policy, which is available at http://unity3d.com/company/legal/privacy-policy.