EULA TO BE LOCATED AT www.beatnikgames.co.uk/eulaterms

END USER LICENSE AND WARRANTY AGREEMENT
ISSUED BY BEATNIK GAMES LIMITED ("BEATNIK").
Date of last update: 2 March 2012
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AND WARRANTY AGREEMENT ("EULA") BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS SOFTWARE OR USING THE RELATED ONLINE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY NOT USE, PURCHASE, DOWNLOAD OR INSTALL THIS SOFTWARE OR THE RELATED ONLINE SERVICE. IF YOU HAVE PURCHASED A PHYSICAL COPY OF THIS SOFTWARE WITHOUT HAVING AN OPPORTUNITY TO READ THE TERMS OF THIS EULA AND YOU DO NOT AGREE WITH THEM, YOU MUST IMMEDIATELY RETURN IT FOR A REFUND FROM WHERE ORIGINALLY PURCHASED.

This software program and any related printed or electronic materials (the "Software") are copyright works of Beatnik or its licensors. All use of the Software is governed by the terms of this EULA. The Software is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Software not in accordance with the terms of this EULA is expressly prohibited.

Reference to Software in this EULA shall include the Online Service where and to the fullest extent that the content permits.

1. Limited Use License. 
Beatnik, hereby grants, and by installing the Software you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Software for your personal, non-commercial use on a single computer subject to the terms of this EULA. 

2. End User Obligations.
-    You may use the Software for your own personal non-commercial use as described in this EULA but you are not entitled to and must not except as expressly provided by this EULA: 
o    sell, distribute or otherwise transfer copies or reproductions of the Software to other parties in any way;
o    in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Software, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Beatnik on creation;
o    remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Software; 
o    exploit the Software or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
o    network the Software or otherwise install or use it (or permit its use) on more than one computer, console, handheld device or PDA at the same time nor use or permit use of the Software in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of the Online Service;
o    use the Software for any illegal or immoral purposes;
o    export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations; 
o    create data or executable programs which mimic data or functionality in the Software;
o    otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Software or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
-    You must back-up to another secure location, on a regular basis, any data files concerning your use of the Software as Beatnik has no liability for lost or corrupted data.
-    The Software is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. 
-    Beatnik may in its sole discretion offer additional licences to permit you to make the Software available for commercial or network use (contact Beatnik for details).

3. Ownership. 
The Software is licensed, not sold. Your license confers no title or ownership in the Software. All right, title, interest and ownership rights in the Software and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ("Intellectual Property Rights"), in or connected with the Software and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Beatnik or its licensors. The Software is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Software may contain certain licensed materials and Beatnik licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.

4. Software Transfer. 
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA; you agree to remove the Software from your personal computer and you transfer the applicable Software Key to the recipient and agree with the recipient to take over your password and username, subject to the terms of this EULA.

5. Termination. 
This EULA and the licence granted by it is effective until terminated. You may terminate this EULA at any time by deleting and removing the Software from your personal computer and destroying your copy of the Software in your possession. This Licence will terminate automatically if you fail to abide by any of the terms and conditions. Beatnik may additionally, at its discretion, give you notice of termination of this EULA in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you must immediately destroy and erase the Software and all and any copies in your possession or control and stored on any media whatsoever and on Beatnik's request certify that you have done so.

6. Export. 
The Software may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.

7. Limited Warranty

Beatnik warrants only in respect of the Software distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Software that such media on which the Software is furnished shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period and upon presentation to Beatnik of proof of purchase of the defective Software, Beatnik will at its option; 1) correct any defect, 2) provide you with a product of equal value, or 3) refund your money. 

8.  Limitation of Liability. 
EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
-    THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT OF BEATNIK'S LIABILITY, WARRANTIES AND YOUR REMEDIES;
-    BEATNIK AND ITS LICENSORS LIABILITY FOR DIRECT LOSS AND DAMAGE WILL BE LIMITED AS DESCRIBED ABOVE;
-    BEATNIK EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT; 
-    THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
-    BEATNIK DOES NOT WARRANT THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED ;
-    YOU INSTALL AND USE THIS SOFTWARE AT YOUR OWN RISK ;
-    BEATNIK AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
-    BEATNIK AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
-    BEATNIK AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE SOFTWARE HAS BEEN MODIFIED IN ANY MANNER (NOT BY BEATNIK OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF BEATNIK AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY BEATNIK'S NEGLIGENCE.

9. Liability, Indemnity and Remedies. 
You agree to indemnify, defend and hold Beatnik and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Software or use otherwise than in accordance with the terms of this EULA. 
You further agree that Beatnik would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Beatnik shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as Beatnik may otherwise have available to it under applicable laws.
Beatnik's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

10. Severability
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect. 

11. Applicable Law. 
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Software, Online Service and this EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Software local law will apply. The Online Service is intended for use and may only be used in countries where all such use is lawful.

12. Online Service and Communications
Where Beatnik provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Software ("Online Service") it does so subject to the terms and conditions of this EULA. In connection therewith the following additional terms apply:
-    The Online Service and Communications for personal entertainment only, on an "as is" basis and all use must be in accordance with the terms of this EULA.
-    Beatnik is engaged in the business of publishing the Software and an entertainment service in the form of the Online Service and ancillary to this is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication for which it is a mere conduit. 
-    In connection with the use of the Software and the Online Service ONLY and subject to the terms of this EULA, you may and are granted a limited, non-exclusive license and right to use the software that forms part of the Software and the Online Service to communicate with other users of the Online Service. The applicable parts of the Software and the Online Service may only be used for such communications ("Communications").
-    To use the Online Service you must be over the age of 16 years or else have your parent's or guardian's consent to do so on these terms. By using the Online Service you therefore confirm that you are over 16 years of age or else have your parent's or guardian's consent (in which case your parent or guardian has read and agreed to these terms). 
-    You agree and accept that Beatnik has no responsibility to review the content of any Communications all of which are made available on the basis that Beatnik shall not be required to exercise any control or judgment of the content or the material posted or contained therein.
-    The views expressed in any Communications are the views of the individual authors and not those of Beatnik unless specified otherwise by Beatnik. In particular but without limitation to the above Beatnik is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications. 
-    Beatnik gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Communications or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such material. 
-    You agree and undertake that you will not post to or transmit to the Online Service any statement, material or Communication that:
-    is unlawful or which gives rise to civil or criminal liability;
-    infringes upon the intellectual property rights of any third party;
-    assists piracy including any requests for CD keys or pirated software;
-    is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
-    is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist;
-    harasses any person;
-    may be deemed a marketing or commercial communication or promotes the products or services of any person other than Beatnik or the Online Service;
-    promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
-    is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
-    contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
-    solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
-    You further agree that in any activity undertaken following use of and related to your use of the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service. 
-    You hereby indemnify, defend and hold Beatnik and Beatnik's affiliates and Beatnik's officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising from your use of the Online Service any Communications and any use of your password and username. You shall use your best efforts to cooperate with Beatnik in the defence of any claim. Beatnik reserves the right, at Beatnik's own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
-    Beatnik shall be entitled to remove, restrict, suspend or alter any user account and any Communications (and the ability to share or create Communications) for any reason in its sole and absolute discretion including because the use or Communications might be unacceptable as described in these Terms.
-    If you discover Communications which you believe contravene these Terms please notify Beatnik at the address stated below with details of the page you found it on.

13. Online Service Accounts
-    In order to use the Online Service you will need to register for which you will need to submit various information and choose a username and a password.
-    You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect you agree to indemnify Beatnik against any loss or damage incurred by Beatnik and any third parties who may suffer damage as a result of the information that you have supplied.
-    You accept and understand that you are obliged to ensure that all information held about you by Beatnik is up to date and that you can amend your registration details at any time through the Online Service.
-    The username and password chosen by and issued to you upon registration with Beatnik is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without Beatnik's prior written consent. 
-    In the event that you believe your username, password or account to have been compromised you undertake to inform Beatnik immediately.
-    You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
-    You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. BEATNIK IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
-    By using the Online Service you confirm that you have the necessary hardware, software and capability required and that Beatnik and its licensors shall have no liability in relation to hardware, software or other services required to make use of the Software or Online Service.

14. Online Service Liability
-    Beatnik will not be liable in any amount for failure to perform any obligation under this EULA if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God. 
-    Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
-    To the maximum extent permitted by law, Beatnik gives no warranty in connection with the Online Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Beatnik and Beatnik shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
-    the availability of the Online Service;
-    any incorrect or inaccurate information on Online Service and all errors, interruptions to or delays in updating the Online Service;
-    the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Online Service;
-    any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Online Service, or from transmissions via emails or attachments received from Beatnik or its licensees
-    the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which Online Service link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
-    all representations, warranties, conditions and other terms which but for this notice would have effect.
-    Beatnik does not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption will be corrected.
-    These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Beatnik's liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Please note: 
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Beatnik has no way of telling if statements made by other users are true. This is a decision that can only be made at your discretion and the exercise of some degree of caution is recommended. By using the Online Service and its services you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.

You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Software is an acknowledgement of your agreement to be bound by the terms and conditions of this EULA contained herein. You also acknowledge and agree that this EULA is the complete and exclusive statement of the agreement between Beatnik and you and that this EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Beatnik and you, including any inconsistent written license agreement accompanying the Software.

Beatnik may make alterations to the terms and conditions applicable to the use of the Online Service from time to time and these variations shall become effective immediately upon being accessible from www.BeatnikGames.co.uk/eulaterms. 

Beatnik may also remove or suspend access to the Online Service at any time.

15. Online Service 
-    The rights granted by this EULA in relation to the Online Service and Communications shall continue for an unlimited time unless the Online Service ceases to be available or the EULA or your right to use the Online Service is terminated.
-    In connection with the Online Service you will be given a unique code ("Software Key") which may be used to enable your access to and use of the Software and Online Service and Communications.
-    To enable and commence access to and use of the Online Service and Communications please enter the Software Key when requested.
-    Beatnik cannot guarantee that a particular part of the Online Service or Communications will always be available. 

Privacy and Data Policy
-    Beatnik may ask you for certain information and you may submit personal data to the Online Service (such as your name, email address and contact details) when you subscribe or sign up to the Online Service. 
-    You agree and acknowledge that all data submitted by you in connection with your use of the Software will be subject to any additional privacy policy terms set out at www.BeatnikGames.co.uk/eulaterms/privacy.
-    Beatnik may also record which parts of the Online Service you use and as user patterns. This information will be kept securely in accordance with an internal security policy and may be used to: 
(a)            Enable and process your use of the Online Service; 
(b)            provide you with an up to date, efficient and reliable service;
(c)            generally run the Online Service.
-    By subscribing, using the Online Service and submitting your data you agree to this use.
-    Beatnik may also record which parts of the Online Service users you use and as user patterns. This information will be kept securely in accordance with an internal security policy.
-    If you believe Beatnik has information about you that you do not want Beatnik to have or that is incorrect or please contact Beatnik as described below and Beatnik shall correct or remove the data as you request as soon a reasonably practicable.
-    If you have any other concerns over privacy, this privacy policy or this Online Service please contact Beatnik as described below.
-    The Software or Online Service may also use software which records whether you have used the Online Service before on your computer and other information about your use. This is used to improve the Online Service and the services available to you. For example you may be asked if you wish the Online Service to remember your computer and / or your username and password. You may disable this function by changing your login and account settings. 

Copyright 2012 Beatnik Games Limited. All rights reserved.
Beatnik, Beatnik Games and Samurai Beatdown and related logos are trade marks of Beatnik Games Limited.
All other trade marks and registered trade marks are the properties of their respective owners.

Contact Information
Beatnik Games Ltd
450 Southbank House
Black Prince Road
London
SE1 7SJ
UK
Email: support@BeatnikGames.co.uk