LICENCE TO USE THE BROTHERS IN ARMS Please read this Licence carefully before installing the game ("Brothers In Arms"). This Licence is an agreement between you, the "User", and Gearbox Software ("GBX"), which grants the User the non-exclusive and non-transferable right to use the Brothers In Arms. By installing the Brothers In Arms, the User is undertaking to respect the terms and conditions of the Licence. 1 The Licence GBX grants the User a non-exclusive and non-transferable Licence to use the Brothers In Arms, but remains the owner of all the rights relating thereto. Any rights not specifically transferred by this Licence remain the property of GBX and/or its licensees. The Brothers In Arms is licensed and not sold to the User, for private use. The Licence does not confer any right or title to the Brothers In Arms and cannot be understood as a transfer of intellectual property rights to the Brothers In Arms. 2 Ownership of the Brothers In Arms The User recognises that all of the rights associated with the Brothers In Arms and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Brothers In Arms), as well as the rights relating to the trademark, royalties and copyrights, are the property of GBX and/or its licensees and are protected by national regulations or other Laws, Treaties and international agreements concerning intellectual property. 3 Use of the Brothers In Arms The User is authorised to use the Brothers In Arms in accordance with the instructions provided in the manual or on the packaging of the Brothers In Arms. The Licence is granted solely for private use. It is not permitted: - To make copies of the Brothers In Arms, - To operate the Brothers In Arms commercially, - To use it contrary to morality or the laws in force, - To modify the Brothers In Arms or create any derived work, - To transmit the Brothers In Arms via a telephone network or any other electronic means, except during multi-player games on authorised networks, - To create or distribute unauthorised levels and/or scenarios, - To decompile, reverse engineer or disassemble the Brothers In Arms. The User cannot sell, sublicense or lease the Brothers In Arms to a third party. The User can only transfer the Brothers In Arms if the recipient agrees to the terms and conditions of the Licence. In this event, the User undertakes to transfer all components and documentation relating to the Brothers In Arms. He also undertakes to delete any copy of the Brothers In Arms from his computer. In this event, this Licence is automatically and immediately terminated. 4 Termination of the Licence The Licence is effective from the first time the Brothers In Arms is used. It is terminated automatically by GBX without notice if the User fails to adhere to the terms and conditions of the Licence. 5 Liability In no event can GBX and its licensees be held liable for any direct, consequential, accidental, special, ancillary or other damages arising out of the use or inability to use the Brothers In Arms, as well as out of the ownership or poor functioning thereof, even if GBX and/or its licensees has been advised of the possibility of such damages. In particular, GBX and its licensees accept no liability regarding use of the Brothers In Arms contrary to the precautions for use set out in the manual and on the packaging. As some legislations do not allow exemption from liability in the event of direct or incidental damages, it is possible that the aforementioned exclusion does not apply to the User. This Licence to use the Brothers In Arms grants specific rights to the User and he may have other rights depending on the laws in his State.