Wu Hing: The Five Elements V1.2

Software Licence Agreement

IMPORTANT – LEGALLY BINDING AGREEMENT – PLEASE READ CAREFULLY

Installation and use of this software is conditional on your acceptance of the terms of this licence and is subject to those terms. This licence is a legally binding agreement between you and Kudos Games. If you do not wish to be bound by this licence then you may not use or install the software. If you have any questions about this licence, please send them to info@kudosgames.com before installing or using the software.

Software Licence Agreement

IMPORTANT – LEGALLY BINDING AGREEMENT – PLEASE READ CAREFULLY

Installation and use of this software is conditional on your acceptance of the terms of this licence and is subject to those terms. This licence is a legally binding agreement between you and Kudos Games. If you do not wish to be bound by this licence then you may not use or install the software. If you have any questions about this licence, please send them to info@kudosgames.com before installing or using the software.

“Software” means the computer program accompanying this licence, all media within it, all documentation and all copies and derivatives of any of the foregoing. By installing the software or using it in any way, you agree to be bound by the terms of this licence, as it may be modified by Kudos Games from time to time (this licence was last modified on 27th November 2006).

1 Limited Licence

Subject to the terms of this licence Kudos Games grants you a non-exclusive, non-transferable limited licence to install and use one copy of the software on one computer for your personal use only. All rights not specifically granted to you in this licence are reserved to Kudos Games or its licensors.

The software is a demonstration version for evaluation purposes and has limitations on its features and functionality compared to the full version. You are permitted to distribute this version of the software to other persons subject to the terms set out in this licence, provided that the software is distributed in its original form exactly as it is supplied to you (including this licence agreement) and no payment or donation is requested or received by you or on your behalf. This right to distribute is non-exclusive and may be terminated by Kudos Games at any time and without cause by notice to you either direct or on its public website.

This licence will continue indefinitely unless terminated and it applies to any upgrades that may be issued except to the extent that any upgrade contains a separate licence agreement. This licence will terminate automatically and without notice if you fail to comply with any of its terms. On termination you will cease all use of the software and destroy all copies of it in your possession, custody or control. This licence may be terminated by you at any time by destroying all copies of the software in your possession, custody or control.

2 Ownership of Rights

The software is licensed, not sold, and this licence confers no title to or ownership of any rights in the software. All rights (including copyright, trade marks, trade names, designs and all other intellectual property rights) and title in and to the software and all copies of it are owned by Kudos Games or its licensors. This includes, but is not limited to, the computer code, concepts, titles, themes, methods of operation, stories, objects, literary works, sounds, music, artwork, graphics, animation, fonts, audio-visual effects and applets within or associated with the software. The software is protected by copyright in the United Kingdom and in other countries under international conventions and treaties, and by other laws. Kudos Games asserts its moral rights in relation to the software. The software contains certain elements that are the property of third-party licensors and Kudos Games may protect and enforce their rights in the same way as its own.

3 Prohibited Uses

Except where strictly necessary (in the sole opinion of Kudos Games) for the exercise of the limited distribution rights in clause 1 of this licence, you shall not without the prior written consent of Kudos Games (which may be withheld in its absolute discretion) directly or indirectly at any time:

3.1 copy the software or create derivatives of it, except that you may make one copy solely for backup and recovery purposes (and that copy will be subject to all the terms of this licence);

3.2 sell, hire, rent, lease, lend, sublicense, distribute, transfer or otherwise deal with, or part with possession of, the software;

3.3 exhibit, perform or show the software in public or include it in a cable programme or broadcast in any medium or form;

3.4 reverse engineer, decompile, disassemble or unlock the software or derive all or any part of the source code from it;

3.5 alter, remove, disable, obscure or circumvent this licence agreement or any part of it, any proprietary notices or labels within the software or any copy-protection within it;

3.6 modify, adapt, translate or merge the software in any way;

3.7 use the software commercially or otherwise than for your sole personal use;

3.8 use the software in or as part of a network, multi-user arrangement or remote access arrangement (including, but not limited to, at a “cyber-café”, computer gaming centre or any similar place);

3.9 share the software or install it on a server-based computer or use it on more than one computer at the same time;

3.10 display the software on a bulletin board, website, chat-room or any similar forum;

3.11 export or re-export the software in violation of any applicable laws;

3.12 use the software in any way other than strictly in accordance with this licence and the laws of England and of the jurisdiction in which the software was obtained or is used for the time being; or

3.13 authorise, permit or suffer any other person or entity to do any of the above.

The provisions of this clause 3 apply to the software and any part or parts of it.

4 Disclaimer of Warranties

The software is provided “as is” without any warranty of any kind. Kudos Games, on behalf of itself and its licensors and its/their respective successors, assigns and licensees (collectively referred to as “Kudos Games” for the purposes of clauses 4, 5, 6 and 7 of this licence) hereby disclaim to the greatest extent permitted by law all warranties and conditions with respect to the software, whether express or implied, oral or written, including but not limited to all warranties as to merchantability, satisfactory quality, fitness for purpose, quiet enjoyment and non-infringement of third-party rights. Without limiting the foregoing, Kudos Games gives no warranty that the software is error-free or that any defects will be corrected or that its use will be uninterrupted.

5 Limitation of Liability

All use of the software is at your sole risk and Kudos Games will not be liable for any loss or damage, however caused. To the greatest extent permitted by law, and even if foreseeable by or made known to Kudos Games, Kudos Games excludes all liability (whether arising in contract, tort or otherwise) for all injury, loss and damage (whether general, special, incidental or consequential) arising directly or indirectly from the possession, malfunction, use or inability to use the software, including but not limited to personal injury, damage to property, loss or corruption of data, computer failure or malfunction, loss of profits, loss of opportunity and business interruption. In no circumstances shall the total liability of Kudos Games to you exceed the purchase price of the software.

6 Injunctive Relief

Because Kudos Games may be irreparably harmed by a breach of this licence, damages may not be an adequate remedy and Kudos Games will be entitled to seek an injunction and/or other equitable remedies to enforce this agreement, in addition to and without affecting all other rights and remedies of Kudos Games.

7 Indemnity

You will indemnify and keep indemnified Kudos Games in respect of all damages, losses, costs and expenses (including but not limited to legal costs on an indemnity basis) arising directly or indirectly from any breach of any provision of this licence.

8 Miscellaneous

8.1 This licence constitutes the entire agreement between the parties in relation to the software and supersedes all prior and contemporaneous agreements, arrangements, representations and understandings (whether oral or written) between them.

8.2 This licence may not be amended or modified except by a written instrument executed by Kudos Games. Kudos Games may amend or modify this licence at any time without notice to you. Any such amendments or modifications will be displayed on the Kudos Games website.

8.3 This licence is personal to you and may not be assigned or transferred by you. Kudos Games may assign, license, transfer or otherwise deal with this licence and all rights under it in any manner it thinks fit in its absolute discretion.

8.4 Non-exercise, or a delay in the exercise, by Kudos Games of any of its rights or remedies will not affect or restrict its rights or remedies nor be deemed to constitute a waiver of any of them.

8.5 If any provision of this licence is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, then such provision will be amended by Kudos Games only to the extent necessary to render it enforceable or valid or (at the option of Kudos Games) be severed from this licence. In either case the remainder of this licence will not be affected and will continue in full force and effect.

8.6 This agreement is made under, and will be governed by and interpreted in accordance with, the laws of England, and the English courts will have exclusive jurisdiction over all disputes, claims and other matters between you and Kudos Games relating to this licence. The headings in this licence are for convenience only and will not affect its interpretation.

8.7 Nothing in this licence is enforceable by any third party or intended to confer any rights on any third party.

8.8 All notices to Kudos Games must be given by email to info@kudosgames.com and will not be deemed to have been received until actually received in full. All notices to you may be given to either the email or postal address supplied to Kudos Games on ordering the software and will be deemed to have been received on actual receipt or three working days after sending, whichever is earlier.

9 Acceptance

You confirm that you have read and understood this licence and that you agree to be bound by its terms.