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River City Ransom: Underground
End User License Agreement

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING RIVER CITY RANSOM: UNDERGROUND (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY CONATUS CREATIVE INC., AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “CONATUS”).
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.

IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Conatus shall not grant to you the License (defined below) to the Game Software.

LIMITED USE LICENSE

1. River City Ransom Owner. You acknowledge that the Game Software is a production of Conatus, under a license from Arc System Works Co., Ltd. (“Arc”) of certain of the characters, artwork, designs, brand, stories, locations, concepts, graphics, trademarks, logos, and images of River City Ransom.

2. Game Software Owner. You acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Conatus or its licensors including, but not limited to Arc. The Game Software is protected by the copyright laws of Canada, international copyright treaties and conventions, Canadian common law trademark laws, and other laws. All rights are reserved worldwide.

3. License. Conatus grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive, game console, handheld device or PDA at any given time solely for your personal use (the “License”). The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.

4. License Restrictions. All rights not specifically granted under this License are hereby reserved by Conatus and, as applicable, by its licensors. You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License. For clarity, you acknowledge and agree that you shall not:
a) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Conatus and/or its licensors on creation, in any event);
b) use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a computer gaming center, café, or any other location;
c) use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
d) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use;
e) make copies of the Game Software or any part thereof except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
f) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies;
g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
j) create data or executable programs that mimic data or functionality in the Game Software.

5. Game Software Updates and Patches. Conatus may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Conatus may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Conatus the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.

6. No Warranty. The Game Software is provided on an “as is” basis. Conatus makes no representations, warranties or conditions, express, statutory or implied, with respect to the Game Software. Conatus expressly disclaims all representations, warranties or conditions including, without limitation, any implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for a particular purpose or arising from a course of dealing or usage of trade. Conatus does not warrant that the Game Software will meet your requirements or that it will function uninterrupted, error free or at all, or that all defects in the Game Software will be corrected. Some jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such jurisdictions, Conatus’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have access to a refund from Steam, in accordance with Steam’s refund policy.

7. Limitations on Damages. IN NO EVENT SHALL CONATUS OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF CONATUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

IN NO EVENT SHALL CONATUS' OR ITS LICENSORS’ AGGREGATE LIABILITY EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE.

8. Term and Termination. Without prejudice to any other rights of Conatus, the Agreement and License granted hereunder shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The sections of this Agreement, other than Section 3 License, shall survive any termination of this Agreement.

9. Injunction. Conatus will be irreparably damaged if the terms of this Agreement are not specifically enforced. Therefore, you agree that Conatus shall be entitled, without bond or other security or proof of damages, to take such action as may be required to enforce the terms of this Agreement, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

10. Indemnity. You agree to indemnify, defend and hold harmless Conatus, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with your use of the Game Software or any breach by you of the terms of this Agreement.

11. Choice of Law and Jurisdiction. This Agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

12. Amendments. Conatus reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Conatus website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to be non-compliant with this Agreement, you may terminate this Agreement in accordance with the its termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes.

13. General. This Agreement represents the complete agreement between you and Conatus concerning the Game Software and the License to use it. This Agreement supersedes all prior agreements and representations, warranties or understandings between you and Conatus regarding the same subject matter. If any portion of this Agreement is determined to be unenforceable or invalid for any reason whatsoever that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of this Agreement. Such unenforceable or invalid paragraph or portion thereof shall be deemed to be severed from the remainder of this Agreement.

14. Game Software Definition. “Game Software” includes the software included in the River City Ransom: Underground game, the associated media, any software associated with any online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials.

If you have any questions concerning this Agreement or the License contained herein, you may contact Conatus Creative Inc. at support@conatuscreative.com.