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Terms of Use

PLEASE READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE: This End User License Agreement ("EULA" or the "Agreement") is a legal agreement between you and Cyan, Inc. ("Cyan"). This EULA applies to your use of the game entitled "Obduction," including all software contained within or transferred with Obduction, all updates and/or patches, all on-line materials, all other Cyan game-related services, all Alpha, Beta, trial, pre-release, free, pay and premium versions of the above, and any accompanying documentation to any of the above (collectively the "Software"). CYAN IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITIONS AND TERMS NOTED IN THIS AGREEMENT, WHICH ARE NECESSARY PRECONDITIONS TO THE GRANT OF THIS LICENSE. PLEASE READ THE TERMS CAREFULLY BEFORE ATTEMPTING TO USE THE SOFTWARE OR SELECTING "YES" TO ACCEPT THE TERMS OF THIS AGREEMENT. By installing, using or otherwise accessing the Software, you acknowledge that you have read this Agreement, understand it and agree to be bound by all of its terms and conditions. If you select "No" or if you fail to accept this Agreement by selecting "Yes,” you decline our offer and the terms of this License. If you do not accept each and every term of this Agreement, you must immediately (1) uninstall and refrain from using the Software and any other materials associated with the Software, (2) completely delete all copies of the Software and all related files from your computer and (3) promptly return the Software and the original sales invoice to the place of purchase for a refund or exchange, subject to the return policy of the retailer. Any refund by the retailer of the price you paid to use the Software will be your sole and exclusive remedy and Cyan’s sole and exclusive liability in connection with the Software. 1. License. Cyan grants to you, a personal, limited, non-exclusive, non-transferable, revocable license to install and use the Software for your non-commercial use solely as set forth in this Agreement and the accompanying documentation. The rights to you in this EULA are subject to your continuing compliance with this Agreement. Any commercial use of the Software is strictly prohibited. You are expressly prohibited from sub-licensing, renting, leasing, distributing or otherwise exploiting the Software or rights to use the Software. The term of this Agreement shall commence on the date that you first install or otherwise begin to use the Software, and shall end on the earlier of the date that you dispose of the Software or this Agreement is terminated. A separate Terms of Use agreement may be used to govern your use of online services in connection with the Software. If any additional terms are incorporated in to this Agreement, your acceptance of such additional terms will be required. Cyan reserves all rights not expressly granted to you by this Agreement. 2. Preconditions. The grant of license as set forth in Section 1 above is only valid if you are in compliance with the following conditions: a. You agree to all of the terms in this Agreement and have indicated your acceptance by selecting "YES"; b. You do not attempt to remove any security, digital rights management, or anti-copying features from the Software or from your computer; and c. You do not use any mods, cheats, hacks, bots, or third party software which may alter, temporarily or permanently, the code or the user experience of the Software, whether on your local machine or on servers which enable use of any features of the Software. 3. Restrictions. The Software contains copyrighted material, trademarks, trade secrets and other proprietary material owned by Cyan and/or its licensors. You may not delete the copyright notices or any other credits displayed on or within the Software. You may not copy, rent, loan out, lease, sublicense, distribute, publicly display, create derivative works based upon the Software (except as set forth in this License) or otherwise exploit the Software for any commercial purpose, including, without limitation, any form of gambling or hosting pay-per-play servers. You may not broadcast or electronically transmit the Software from one computer, console or other platform to another or over a network, excepted as allowed by the technical protection measures included within the Software. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not use the Software in a way that violates any applicable law. 4. Termination. You may terminate your rights to use the Software at any time by removing all copies of the Software from your computer systems and by destroying the Software. Cyan may terminate this Agreement if it determines, in its sole discretion, that you have improperly used the Software in any way. This Agreement will terminate immediately without notice from Cyan if you fail to comply with any provision of this EULA. 5. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, CYAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CYAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYAN OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 6. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CYAN (OR ITS EMPLOYEES OR LICENSORS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THEY ARE THE RESULT OF CYAN’S NEGLIGENCE AND CYAN HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL CYAN’S (OR ITS EMPLOYEES’ OR LICENSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmless Cyan and each of its respective officers, employees, directors, agents, licensors, licensees, and any successors and assigns thereof from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of this Agreement, violation of any condition thereto, and/or any other use of the Software. You agree that your unauthorized use of the Software, or any part thereof, may immediately and irreparably damage Cyan such that Cyan could not be adequately compensated solely by a monetary award. As such, at Cyan's option, Cyan shall be entitled to seek an injunctive order, in addition to all other available remedies including a monetary award, without the necessity of Cyan posting bond or other security. The rights and obligations set forth in this Section shall survive the cancellation or termination of this Agreement. 9. Choice of Law and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CONTROLLING U.S. FEDERAL LAW AND THE LAWS OF THE STATE OF WASHINGTON, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS AGREEMENT SHALL BE IN SPOKANE COUNTY, WASHINGTON, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN SPOKANE COUNTY, WASHINGTON FOR ANY SUCH LITIGATION. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against Cyan must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you improperly file a claim, Cyan may recover attorneys' fees and costs, provided that Cyan has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Nothing herein shall be deemed to supersede or derogate from Cyan's remedies at law for any violation of this Agreement or applicable law. 10. Miscellaneous. If any provision of this Agreement is unenforceable, the rest of it shall remain in effect. This Agreement constitutes the entire agreement between you and Cyan with respect to the use of the Software and the support services (if any) and supersedes all prior oral or written communications and representations with respect to the Software or any other subject matter covered by this Agreement

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