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DEATH RALLY - END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN REMEDY ENTERTAINMEN
T LTD AND YOU.
REMEDY ENTERTAINMENT OWNS ALL INTELLECTUAL PROPERTY RIGHTS TO THE DEATH RALLY CO
MPUTER GAME SOFTWARE AND PERMITS YOU TO USE THE DEATH RALLY COMPUTER GAME SOFTWA
RE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE DEATH RALLY COMPUTER G
AME SOFTWARE MEDIA, ELECTRONICALLY DOWNLOADING, INSTALLING, STARTING OR OTHERWIS
E USING THE DEATH RALLY COMPUTER GAME SOFTWARE. ANY OF THE ABOVE ACTIONS INDICAT
E THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTA
ND THEM, AND AGREE TO BE LEGALLY BOUND TO THOSE TERMS AND CONDITIONS.
SHOULD YOU NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT DO
WNLOAD, INSTALL, START OR OTHERWISE USE THE DEATH RALLY COMPUTER GAME SOFTWARE.
EITHER RETURN THE UNOPENED MEDIA PACKAGE AND ACCOMPANYING ITEMS TO THE COMPANY F
ROM WHICH YOU OBTAINED THEM OR DELETE ALL POSSIBLE COPIES OF THE GAME FROM YOUR
DEVICE.
YOU UNDERSTAND THAT, IF YOU PURCHASED THE COMPUTER GAME SOFTWARE FROM AN AUTHORI
ZED RESELLER OF REMEDY, THAT RESELLER IS NOT REMEDY S AGENT AND IS NOT AUTHORIZED
TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, STATUTORY OR OTHERWISE, O
N REMEDY S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

1 DEFINITIONS
For the purpose of this Agreement:
1.1 Agreement shall mean this Death Rally End User License Agreement.
1.2 End User shall mean an individual or an entity that has obtained the Game
from Remedy or its licensors.
1.3 Game means Death Rally for Windows, a port of Remedy's 1996-released Death
Rally computer game software that has been made to work on modern personal comp
uters.
1.4 Intellectual Property Rights mean any and all intellectual property rights
including but not limited to patents, copyrights, trademarks, trade secrets, kn
ow how, registrations, applications, and rights to apply therefore, whether issu
ed or pending and whether registrable on not.
1.5 License shall mean the right to use the Game under this Agreement.
1.6 Licensee shall mean You.
1.7 Party or Parties shall refer to the parties of this Agreement.
1.8 Remedy shall mean Remedy Entertainment Ltd, Päiväntaite 8, 02210 Espoo, Finlan
d, and its licensors, if any.
1.9 Use or Using means to access, download, install, copy or otherwise benefit f
rom using the functionality of the Game in accordance with the Documentation.

2 GRANT OF LICENSE
2.1 Subject to the terms and conditions of this Agreement and the Game s docum
entation Remedy hereby grants Licensee during the validity of this Agreement a l
imited, world-wide, non-transferable, non-exclusive, revocable, royalty-free rig
ht and license, without the right to sub-license, to install and use the Game in
any compatible computer hardware owned, leased or otherwise controlled by Licen
see, for non-commercial purposes only.
2.2 Licensee may make one backup copy of the Game in machine executable code
form, only to be used in the event that the original copy of the Game fails to
function, is lost, damaged or destroyed. Licensee warrants that it will make no
other copies of the Game and will not allow, authorize or assist others to copy
any part or all of the Game in any form without the prior written approval of Re
medy.
2.3 Any use of the Game in deviation to this Agreement is expressly forbidde
n. These rights and licenses are temporary and valid only for as long as this Ag
reement is in force and Licensee operates under the terms and conditions of this
Agreement.
2.4 This License gives Licensee a limited license to use the Game. Remedy sh
all at all times solely retain all right, title and interest including but not l
imited to all Intellectual Property Rights to the Game, new versions, upgrades,
updates, modifications, enhancements or copies thereof and all related documenta
tion. All rights, titles and interest shall at all times remain solely the prope
rty of Remedy.
2.5 This Agreement shall not be deemed to result in the sale, transfer or an
y other conveyance of patents, trademarks, copyrights, or any other Intellectual
Property Right of whatsoever nature held or used by Remedy to Licensee.

3 LICENSE RESTRICTIONS
3.1 The Licensee shall not cause or permit any reverse engineering, disassem
bling, decompilation, translation, modification or adaptation of the Game or oth
erwise attempt to learn the inner workings, source code, structure, algorithms,
or ideas underlying in the Game. Licensee is expressly prohibited from adapting,
modifying, revising, improving, upgrading, enhancing and creating derivative wo
rks of the Game for any purpose including error correction or any other type of
maintenance, except as expressly allowed in the documentation.
3.2 Licensee warrants that it will not sell, license, lease, rent, loan, len
d, transmit, network, or otherwise distribute or transfer the Game in any manner
to any third party. However, notwithstanding the aforesaid, providing a link to
Remedy s website where the Game may be downloaded, is not deemed as prohibited di
stribution of the Game.
3.3 Licensee is not entitled to use the Game in for any commercial purposes
under this Agreement. The Game is licensed for personal, non-commercial use only
.

4 RIGHTS TO THE SOFTWARE


4.1 All proprietary and Intellectual Property Rights associated with or aris
ing from the Game and related materials belong and remain solely with Remedy.
4.2 The License shall not give the Licensee any ownership or title to the Ga
me or any related materials.

5 NO SUPPORT
Customer support is not included in the License granted with this Agreement. Thi
s Agreement does not grant Licensee any right to any improvements, modifications
, enhancements, updates, upgrades, or patches to the Game.

6 DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY


6.1 THE GAME IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPR
ESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AN
D FITNESS FOR A PARTICULAR PURPOSE.
6.2 YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE GAME
. REMEDY AND ITS AUTHORIZED DISTRIBUTORS ASSUME NO RESPONSIBILITY FOR THE ACCURA
CY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE GAME.
6.3 IN NO EVENT SHALL REMEDY OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR AN
Y DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE GAME, EVEN IF REMEDY OR ITS AUTHORIZED DISTRIBUT
ORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. REMEDY AND IT
S AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, AR
ISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE GA
ME OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE GAME, TH
E MEDIA, DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE GAME, THE MEDIA, DATA OR
EQUIPMENT, THE COST OF SUBSTITUTE GAME, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY T
HIRD PARTIES, OR OTHER SIMILAR COSTS.
6.4 SINCE LOCAL LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW ANY EXCLUSION O
R LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU ONLY
PARTLY OR NOT AT ALL.
6.5 IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED
IN THIS LICENSE AGREEMENT, REMEDY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THI
S LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE TO
LICENSE THE GAME.

7 TERMINATION OF THE LICENSE


7.1 Either Party may terminate this Agreement with immediate effect by notic
e in writing in the event the other Party materially breaches any of its obligat
ions, unless the breach is cured within the fourteen (14) day period following t
he notice. Licensee has also the right to terminate the use of the Game at any p
oint of time, without any specific or implied reason. However, Licensee is not e
ntitled to any money refund in any case.
7.2 Upon termination, Licensee shall cease all use of the Game. In addition,
Licensee shall at its own cost verifiably delete the Game and destroy all tangi
ble copies of the Game and other materials related to the Game in possession or
under control of Licensee.

8 MISCELLANEOUS
8.1 No delay by either Party in enforcing the provisions of this Agreement s
hall prejudice or restrict its rights nor shall any waiver of rights operate as
a waiver of any subsequent breach.
8.2 If any provision of this Agreement or the application of any such provis
ion would be invalid, void or unenforceable and/or should be held by a Court of
competent jurisdiction to be contrary to law, the remaining provisions of this A
greement shall remain in full force and effect to the maximum extent permissible
by the applicable law.
8.3 This Agreement is made, executed and delivered in Espoo, Finland and any
controversy arising hereunder or relation to this Agreement shall be governed b
y and construed in accordance with the laws of Finland. The parties hereto hereb
y agree that the United Nations Convention on Contracts for the International Sa
le of Goods does not apply to this Agreement and is strictly excluded in all pro
ceedings.
8.4 In the event of any dispute between Licensee and Remedy under this Agree
ment, the Parties agree that they shall negotiate with each other in good faith
in an attempt to resolve the dispute prior to any commencement of proceedings.
8.5 All disputes arising in connection with this Agreement, its negotiations
, performance, breach, existence or validity shall be determined by final arbitr
ation in Helsinki, Finland, in accordance with the Arbitration Rules of Internat
ional Chamber of Commerce or any successor or replacement legislation, which may
be in force. The Parties agree to be bound by the arbitrator's decision.
8.6 However, if the Licensee is considered to have the status of a consumer,
Remedy might and is fully capable to choose another jurisdiction and forum such
as forum of domicile of the Licensee. In such a case the applicable law of the
proceedings will be the national trade law or, when obligatory, the consumer leg
islation of the said forum. This might be especially applicable to those consume
rs who reside within the European Union.
8.7 I acknowledge that I have the authority to execute this Agreement on beh
alf of the Licensee and I further acknowledge that this Agreement constitutes a
valid and legally binding obligation on the part of the Licensee.