End-User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM.

With the use/installation of the software you agree to the following license agreement:

This License Agreement is a legal binding contract between you, cdv Software Entertainment USA and/or its subsidiaries and also between you and Ascaron for the above mentioned software product, consisting of the computer software and possible relevant media, printing material and electronic operating instructions (the "software product"). By installing the software product, copying it or using it in any other way, you are agreeing to accept the conditions of this License Agreement without change. Should you not agree to the conditions of this License Agreement, do not install this software product, but return it to where you purchased it according to their return policy.

Software product license

This software product is copyrighted (by national law and international contracts.) This software product has not been sold to you, but is only licensed to you.

License warranty and ownership

This License Agreement warrants you a license with the following rights: Use of the delivered software.

SACRED 2 software and all associated materials and documentation are copyright protected worldwide.
You will find your personal serial code inside the SACRED 2 packaging. By purchasing this code you are granted the non-exclusive, limited licence to SACRED 2 for non-commercial entertainment purposes.
Any use not expressly stipulated in this Agreement is prohibited.
Your right to SACRED 2 is automatically void upon breach of this Agreement or upon your transfer of your serial code to a third party. Such transfer is authorized you once only, transfers the license rights to the gaining third party and terminates any rights held by you with regard to this product or license.

Product activation

SACRED 2 is protected by Digital Rights Management. It is necessary to activate the product using the serial code upon installation. You will then be prompted to establish an Internet connection with an authentication server. The serial code allows the installation of SACRED 2 onto two computers concurrently via the authentication server. The code allows concurrent play of SACRED 2 in single-player and LAN multi-player mode on both installed and activated computers.

However the code only allows use of SACRED 2 for online multi-player only on one of the computers at any given time. Should you wish to use the product on more than two computers (in single player or LAN mode) or on both computers online, the purchase of additional code(s) or retail boxed version(s) is necessary.

Should the product not activate successfully or not activate in a timely manner, SACRED 2 cannot be used until successful activation after the end of the trial period.

Should you wish to install SACRED 2 onto other computers at a later date, you must first uninstall any previous installations of SACRED 2 and unregister your license key via the authentication server to release your license key. If uninstallation via the authentication server fails, please contact our support team as described in the SACRED 2 handbook.

ASCARON has the right to permanently deactivate the authentication server at its own discretion. In this case ASCARON will offer without delay an update of SACRED 2 for download that will allow unlimited use of SACRED 2. No claim to such an update is permissible should the authentication server become temporarily inaccessible.

Compliance with data processing regulations for purposes of product activation

In order to be able to activate the product, an Internet connection with the authentication server is necessary. An exchange of data - that is necessary for product activation - regarding hardware and relevant stored software owned by you will take place between your computer and the authentication server.

By sending your serial code to the authentication server, you are expressly agreeing to the recording, use and storage of this data.

ASCARON will only divulge data regarding your hardware and software to third parties involved in the product activation. Any other divulgence of this data to third parties is not permitted unless legally and lawfully required.

“Make your friend a copy” Feature

You have the right to make copies of SACRED 2 for your private use, such as backups.
Equally, you have the right to non-commercial distribution of private copies to third parties.
You do not have the right to distribute a private copy together with your serial code to a third party.
The purchase of an additional serial code is required to activate a private copy of SACRED 2 on the authentication server. The copy of SACRED 2 without serial code will automatically offer the purchase of a license, which can be made via credit card through our SSL encrypted credit card processing servers.

Transfer of the serial code

You have the right to transfer your serial code (by gift or sale) to a third party irrevocably and one time only.
Before transfer, you are legally bound to uninstall all installed copies of SACRED 2 on your computer via the authentication server. You are legally bound to delete or transfer to the third party all stored data regarding SACRED 2 and with it all connected materials and documentation together with the serial code.
Upon transfer of the serial code, you no longer have the right to use SACRED 2 with this serial code.

Multiplayer via Internet

SACRED 2 allows multiplayer use via Internet. It is necessary to set up an account on the lobby server with your serial code.
By sending your serial code to the lobby server you are agreeing to the recording, use and storage of your account data.
You are in agreement that ASCARON will not share personal account data such as account names, characters, scores, rankings etc unless it is necessary or accepted for multiplayer use.

Modding & Cheating

Decompilation, reverse engineering, disassembling of and/or alterations to the software (“modding”) and/or circulation of modding tools are expressly forbidden. The software product is licensed in whole. Its parts may not be separated.
This includes manipulation of game data and/or game rankings before or during use of SACRED 2 using LAN or Internet (“cheating”).

Stoppage of serial codes

Upon non-compliance with this Agreement, ASCARON has the right to temporarily or permanently stop your serial code at its own discretion.

Responsibilities/ Restrictions

If this software product is subsequently modified to contain a Level/ World Editor that allows you to create custom levels or other materials for your personal use in connection with the software product ("new materials"). You will not be entitled to use or allow third parties to use the Level/ World Editor and/or the new materials created thereby for commercial purposes including, but not limited to, distribution of new materials on a stand alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express prior written consent of cdv Software Entertainment USA and its subsidiaries. You are expressly prohibited from selling, distributing, and/or otherwise profiting from any levels, add-on packs, sequels or other items based upon or related to the software product and/or the new materials without the express written consent of cdv Software Entertainment USA and/or its subsidiaries.

Copyright and trademark rights

(1) The software product (inclusive all illustrations, photos, animation sequences, video, audio, music and text parts, which were embedded in the software product), as well as all the connected trade-mark and rights of usage, the packaging, printed materials and all copies of the software products are property of cdv Software Entertainment USA and/or its licensees and/or licensors.
(2) The software product is protected by copyright and trademark by national law, international law and international contract stipulations.
(3) With regard to archive purposes, you may handle the software product like any other by copyright protected work, and you may not make copies of the printed materials, which are included with the software product, including the packaging.
(4) You may not remove, modify or change the statements about copyrights and trademarks from the software product. This particularly refers to statements and marks on the packing and the data media, at statements which are published on the web site or which are accessible by Internet, or others which are included in the software product or are created from this.

Limited Warranty

cdv Software Entertainment USA and/or its subsidiaries warrant that the software product essentially works in agreement with the written statements being supplied with the software product from cdv Software Entertainment USA and/or its subsidiaries. This warranty covers 90 days, beginning with the date stated on the receipt.

Legal remedy of the consumer

The responsibility of CDV Software Entertainment USA and/or its subsidiaries and its suppliers is limited to - one of the following, by choice of cdv Software Entertainment USA and/or its subsidiaries -
(a) the payback of the license fee you paid, not to exceed the recommended retail price, or
(b) repair or replacement of the part, or the parts of the software product if returned directly to cdv Software Entertainment USA and/or its subsidiaries including a copy of your receipt. This limited warranty is not valid, if the defect is based on an accident or misused or faulty handling. For each replaced software product, the guarantee will be for a period of an additional 30 days from the expiration of the original warranty, as long as cdv Software Entertainment USA and/or its subsidiaries determine that the software product was obtained legally.

No further warranties

cdv Software Entertainment USA and/or its subsidiaries and its suppliers do make, as far as this is permitted by practicable law, any further warranty, as well as the liability for occurring or failure of an explicit or tacitly agreed condition. This includes especially the legal warranty for marketable quality, for the suitability for a special aim, for property, for the non-violation, concerning the software product and the stipulation, which assigns service activities, respective for shortcomings in the field of service activities.

Limited Liability

(1) As far as this is permitted by practicable law, cdv Software Entertainment USA and/or its subsidiaries and its suppliers are not liable for special damages being based on accident, or mediate damages, for any following damages, including compensation for the loss of business, for the interruption of business operation, for the loss of business information or any other financial damages, arising from the use or an impossibility of the use of the software product, or from the guarantee or abstained guarantee of service activities. This even applies, if cdv Software Entertainment USA and/or its subsidiaries product were directly responsible for such damages.
(2) In any case, cdv Software Entertainment USA and/or its subsidiaries´ entire liability will be, by instruction of this License Agreement, limited to the amount the purchaser actually paid for the software product. All of these restrictions are not valid, if cdv Software Entertainment USA and/or its subsidiaries caused the damage willfully.

Final Restrictions
(1) Should restrictions of this contract be not legally binding in whole or in part, and/or not practicable, and/or lose their legal force later, the validity of the remaining restrictions of the contracts shall remain in force. This also applies, if it should be proved, that the contract includes an unenforceable clause.
(2) Instead of the ineffective and/or impracticable restriction because of that clause, an adequate agreement shall be valid, which, as far as legally possible, approaches best to the intended clause.