Terms of Use

LICENSE AGREEMENT

This SPIL Games License Agreement ("License") is a legal agreement between you (either an

individual or a legal entity) and SPIL GAMES B.V. and/or its affiliates (hereinafter “SPIL”) for a software product, which includes computer software and associated documentation ("Software") owned by or licensed to SPIL. The Software also includes any updates and supplements to the original Software provided to you by SPIL.

By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License do not use or install the Software. Any product provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.

License grant

This License grants you a license (“License”) that permits you to publish the Software on a website. You may not modify, alter or in any way amend the Software or remove any of the SPIL branding and/or copyright notices. This License is non-exclusive, non-transferable and non-sublicenseable. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this License and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply.

You acknowledge and agree that the Software was developed at considerable time and expense by SPIL and/or its suppliers and is confidential to and a trade secret of SPIL and/or its suppliers. You agree only use the Software in compliance with this License and any instructions SPIL may give.

Copyright

Copyright and other intellectual, industrial and/or proprietary rights to the Software and to any copies that you may make are owned by SPIL and/or its suppliers. SPIL permits you to use the Software only in accordance with the terms of this License. All rights not specifically granted in this License are reserved by SPIL.

You may not rent, lease, sell, sublicense, lend or otherwise transfer or assign your rights or obligations under this License to an individual or legal entity.

Limitations on Reverse Engineering, decompilation and disassembly
The Software in both object code and source code form includes valuable trade secret information of SPIL and/or its suppliers. You may not make any copies of the Software beyond the number necessary to exercise your license rights in the Software. You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to gain access to the source code for the Software, unless permitted by law. Should you wish to gain access for permitted purposes, you should contact us in advance to discuss and agree to the terms thereof.

Termination

Without prejudice to any other rights SPIL may terminate this license at any time by giving notice of such termination if you fail to comply with any of the terms and conditions of this License. SPIL may satisfy this notice requirement by publishing a notice of termination on the SPIL website ( http://www.spilgames.com). Upon termination of this License for any reason, you will immediately and permanently cease using the Software and will immediately destroy all copies of the Software in your possession or control. The provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after termination of this License. SPIL reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software.

No warranty

SPIL and its suppliers make no, and hereby disclaim all warranties, express, implied and statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights with respect to the Software. SPIL and its suppliers do not warrant that the Software is error-free or that access to the Software will be uninterrupted and without compromise to security systems. You acknowledge and agree that your use of the Software is "as is," and "at your own risk."

Limitation of liability

SPIL and its suppliers will not be liable for any special, incidental, direct, indirect, or consequential damages (including, without limitation, damages for personal injury, loss of business profits, business interruption, loss of business or confidential information, loss of privacy, or any other pecuniary loss) arising out of the use of or inability to use the software, even if SPIL and/or its suppliers have been advised of the possibility of such damages. In any case, the entire liability of SPIL and its suppliers under this agreement and limited warranty shall be limited to the amount actually paid by you for the software that causes the damage. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, and you may also have other legal rights that vary from state to state.

Miscellaneous

This License constitutes the entire agreement between you and SPIL with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this License cannot be modified by any terms in any printed forms used by the parties in performing the License, and can only be modified by express written consent of both parties. If any part of this License is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this License is in English. If it is translated into another language, the English language version shall prevail.

Export controls

You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, except in accordance with all applicable U.S. export restrictions

Governing law and forum

This License (including any addendum or amendment to this License) is governed by the laws of the Netherlands, In any action or suit to enforce any right or remedy under this License or to interpret any provision of this License, the competent court in Amsterdam, the Netherlands shall have exclusive jurisdiction over any such suit or action, and you hereby agree to submit to the jurisdiction of such courts.

Should you have any questions concerning this License, or if you desire to contact SPIL for any reason, please visit SPIL at http://www.spilgames.com.