TRIUMPH STUDIOS LIMITED
END USER LICENCE AGREEMENT

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:

This end user licence agreement (Licence) is a legal agreement between you (Licensee or you) and Triumph Studios BV of Phoenixstraat 66, 2611 AM Delft, The Netherlands (Triumph) which governs your use of the software product that you are downloading to your computer, which includes the AGE OF WONDERS TRILOGY SOUNDTRACK computer game and any and all related documentation, and updates or upgrades that replace or supplement that software and which are not distributed with a separate licence (Software).

BY PROCEEDING TO DOWNLOAD THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE AND TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW. TO BE PLAYABLE, THE SOFTWARE HAS THE SYSTEM REQUIREMENTS DESCRIBED ON THE WEBSITE.

1. GRANT AND SCOPE OF LICENCE

1.1 In consideration of payment by you of the agreed licence fee and subject to your abiding by the terms of this Licence, Triumph hereby grants to you a non-exclusive, non-transferable licence to use the Software on the terms of this Licence.

1.2 You may:

(a) download, install and use the Software for your private, non-commercial purposes only on one computer under your custody and control;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time.

2. LICENSEE'S UNDERTAKINGS

2.1 Except as expressly set out in this Licence or as permitted by any local law, and authorised in writing by Triumph at its discretion, you undertake not to:

(a) copy the Software except where such copying is incidental to normal use of the Software;
(b) rent, lease, sub-license, loan, display in public, distribute, host, communicate to the public or make available (on the Internet or a network) the Software;
(c) translate, merge, adapt, convert, emulate, vary, alter or modify the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software;
(e) remove Triumph’s copyright notices, logos, trade marks or legal notices included in the Software;
(f) use the Software via any communications network or by means of remote access;
(g) use the Software for any commercial purpose including, without limitation, at a cyber-café, gaming centre or other like site;
(h) attempt to circumvent any security measures designed to control access to the Software.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that all intellectual property rights anywhere in the world in the Software, including all characters, storyline, artwork, images, video, music and text, belong to Triumph or its licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

4. WARRANTY

4.1 Triumph warrants that the Software has been created and developed using reasonable skill and care.

4.2 Triumph provides commercially reasonable technical support via email until 3 months after the original purchasing date of the software.

4.3 YOU ACKNOWLEDGE THAT:

(a) THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS;
(b) THE SOFTWARE IS PROVIDED “AS IS” AND MAY NOT BE FREE OF BUGS OR ERRORS;
(c) TRIUMPH MAKES NO WARRANTY AS TO ITS QUALITY, USE OR PERFORMANCE;AND
(d) YOU USE THE SOFTWARE AT YOUR OWN RISK.

5. TRIUMPH’S LIABILITY

5.1 Nothing in this Licence shall limit or exclude the liability of either party for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded by law.

5.2 Subject to condition 5.1, Triumph's liability for losses suffered by you arising out of or in connection with this Licence (including any liability for the acts or omissions of its owners, employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, SHALL NOT INCLUDE ANY LIABILITY FOR:

(a) LOSS OF INCOME;
(b) LOSS OF PROFITS OR CONTRACTS;
(c) LOSS OF THE USE OF MONEY OR ANTICIPATED SAVINGS;
(d) LOSS OF INFORMATION;
(e) LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION; OR
(f) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA;

WHETHER IN ANY SUCH CASE DIRECT, CONSEQUENTIAL OR INDIRECT, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.

5.3 SUBJECT TO CONDITION 5.1 AND CONDITION 5.2, TRIUMPH'S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS LICENCE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO A SUM EQUAL TO THE AMOUNT YOU PAID FOR THE SOFTWARE LICENCE LESS ANY REFUND THAT YOU OBTAINED FROM THE DISTRIBUTOR.

5.4 SUBJECT TO CONDITION 5.1, CONDITION 5.2 AND CONDITION 5.3, TRIUMPH'S LIABILITY FOR INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN THE EUROPEAN UNION.

5.5 THIS LICENCE SETS OUT THE FULL EXTENT OF TRIUMPH'S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE SOFTWARE. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING ON TRIUMPH EXCEPT AS SPECIFICALLY STATED IN THIS LICENCE. ANY CONDITION, WARRANTY, REPRESENTATION OR OTHER TERM CONCERNING THE SUPPLY OF THE SOFTWARE WHICH MIGHT OTHERWISE BE IMPLIED INTO, OR INCORPORATED IN, THIS LICENCE, OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, IS HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

6. TERMINATION

6.1 This Licence shall be automatically terminated if you commit a material or persistent breach of this Licence. Termination shall not affect Triumph’s rights or remedies.

6.2 Upon termination, all rights granted to you under this Licence shall cease; you must cease all activities authorised by this Licence; and you must immediately delete or remove the Software from your computer.

7. TRANSFER OF RIGHTS AND OBLIGATIONS

7.1 This Licence is binding on you and us, and on our respective successors and assigns.

7.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.

7.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.

8. GENERAL TERMS

8.1 If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations under this Licence, or if we fail to exercise any of the rights or remedies to which we are entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

8.2 If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

8.3 This Licence and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Software and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

8.4 We each acknowledge that, in entering into this Licence, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into this Licence except as expressly stated in this Licence. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Licence (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

8.5 This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.

8.6 No third party is intended to benefit under this Licence or to be able to enforce it.

AGE OF WONDERS, THE AGE OF WONDERS LOGO, TRIUMPH STUDIOS AND THE TRIUMPH STUDIOS LOGO ARE TRADEMARKS OF TRIUMPH STUDIOS BV. COPYRIGHT (C) 1999-2010 TRIUMPH STUDIOS BV. ALL RIGHTS RESERVED. ALL OTHER TRADEMARKS AND TRADE NAMES ARE PROPERTIES OF THEIR RESPECTIVE OWNERS.