The Fifth Expedition

The Fifth Expedition 0.7.1

* END USER LICENSE AGREEMENT *

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using The Fifth Expedition 0.6("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Snapjaw Games GmbH your use of The Fifth Expedition 0.6 indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Snapjaw Games GmbH grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use The Fifth Expedition 0.6 in accordance with this Agreement and any other written agreement with Snapjaw Games GmbH. Snapjaw Games GmbH does not transfer the title of The Fifth Expedition 0.6 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Snapjaw Games GmbH and the purchasers or users of The Fifth Expedition 0.6. If you do not agree to be bound by this agreement, remove The Fifth Expedition 0.6 from your computer now and, if applicable, promptly return to Snapjaw Games GmbH by mail any copies of The Fifth Expedition 0.6 and related documentation and packaging in your possession.

2. DISTRIBUTION

The Fifth Expedition 0.6 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of The Fifth Expedition 0.6 contact Snapjaw Games GmbH. 3. USER AGREEMENT

3.1 Use

Your license to use The Fifth Expedition 0.6 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of The Fifth Expedition 0.6.

3.2 Use Restrictions

You shall use The Fifth Expedition 0.6 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of The Fifth Expedition 0.6 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of The Fifth Expedition 0.6 may be used on one single computer location by one user. Use of The Fifth Expedition 0.6 means that you have loaded, installed, or run The Fifth Expedition 0.6 on a computer or similar device. If you install The Fifth Expedition 0.6 onto a multi-user platform, server or network, each and every individual user of The Fifth Expedition 0.6 must be licensed separately. You may make one copy of The Fifth Expedition 0.6 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of The Fifth Expedition 0.6 . The assignment, sublicense, networking, sale, or distribution of copies of The Fifth Expedition 0.6 are strictly forbidden without the prior written consent of Snapjaw Games GmbH. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of The Fifth Expedition 0.6. If any person other than yourself uses The Fifth Expedition 0.6 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile The Fifth Expedition 0.6. Nor can you create any derivative works or other works that are based upon or derived from The Fifth Expedition 0.6 in whole or in part. Snapjaw Games GmbH's name, logo and graphics file that represents The Fifth Expedition 0.6 shall not be used in any way to promote products developed with The Fifth Expedition 0.6 . Snapjaw Games GmbH retains sole and exclusive ownership of all right, title and interest in and to The Fifth Expedition 0.6 and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of The Fifth Expedition 0.6, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Snapjaw Games GmbH.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Snapjaw Games GmbH , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Snapjaw Games GmbH's Software. In no event (including, without limitation, in the event of negligence) will Snapjaw Games GmbH , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, The Fifth Expedition 0.6 or the use or inability to use The Fifth Expedition 0.6 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Snapjaw Games GmbH's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Snapjaw Games GmbH ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Snapjaw Games GmbH.

3.5 Warranties

Except as expressly stated in writing, Snapjaw Games GmbH makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of The Fifth Expedition 0.6 and destroy all copies of The Fifth Expedition 0.6 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY The Fifth Expedition 0.6 AS WELL.

5. CONSENT OF USE OF DATA

You agree that Snapjaw Games GmbH may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to The Fifth Expedition 0.6.Snapjaw Games GmbH may also use this information to provide notices to you which may be of use or interest to you.