END USER LICENSE AGREEMENT

ISSUED BY SUPERMASSIVE GAMES LIMITED

for "Shattered State"

Last Updated: 29 November 2018

1. INTRODUCTION

1.1 These are the terms and conditions (the “End User License Agreement” or “EULA”) Supermassive Games Ltd (“we”, “us”, “our”, “Supermassive”) use to govern our games, including Shattered State (the “Game”). We’ve tried to keep them as short as possible, to help you understand how you can use each the Game. If you don‘t want to or cannot agree to this EULA, then you must not buy (where applicable), download, use or play the Game. By buying (where applicable), downloading, using or playing the Game, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to this EULA.

1.2 We offer each Game through application stores including, without limitation, the Google Play Store (a “Store”). That means you need a Store account to play the Game, and your use of the Store is subject to the terms of use applicable to that Store (as may change from time to time).

1.3 Where applicable, the Store may allow you to get a refund in respect of or in connection with the Game in some cases. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.

1.4 The Game has an age rating and you must be at least the required age to play the Game. If you are under the age of 18, you must have your parent or legal guardian's consent to use the Game and your parent or legal guardian must agree to this EULA.

1.5 The ways in which you can use the Game may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of this EULA and the relevant Store’s terms from which you purchased (where applicable) or installed the Game, the Store’s terms shall prevail to the extent of the conflict.

2. SUMMARY

2.1 This EULA is a legal agreement between us and you, so please read it carefully.

2.2 It describes how you are permitted to use the Game.

2.3 If you break these terms and conditions, we may stop you using the Game, contact you regarding your use of the Game, or exercise other remedies that we have available to us at law or in equity.

2.4 Each Game is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it.

2.5 This EULA may change from time to time. Please check back with us periodically to make sure that you're aware of the latest EULA version. [You can review the latest EULA version here]

3. WHAT YOU CAN DO

As long as you follow the rest of the terms and conditions in this EULA, you can use the Game in the following ways:

3.1 To play the Game. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal, non-commercial use for gameplay in accordance with this EULA. We do not grant you ownership of the Game itself.

3.2 To share non-commercial screenshots and videos of your gameplay on your personal social media.

3.3 To use upgrades, updates and additional Game content which we may make available from time to time (although we are not obliged to provide updates, upgrades or support).

4. WHAT YOU CANNOT DO

4.1 We use commercially reasonable endeavours to protect the Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct by a player that violates the terms or spirit of this EULA.

4.2 The following sets out some of the things that you cannot do with the Game:

4.2.1 do not share, rent, resell, or make available copies of the Game (or any hacked versions) or otherwise use the Game commercially in any way except as expressly permitted by law (such as under “fair dealing” or “fair use” laws);

4.2.2 do not modify or adapt the Game;

4.2.3 do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game;

4.2.4 where applicable, do not share any password you use to access the Game with any other person;

4.2.5 do not do anything (or attempt to do anything) which might disrupt use of the Game by us or other gamers, or which could harass or upset other members of the Game’s community; and

4.2.6 do not make anything available on or through the Game that violates the intellectual property rights of third parties.

4.3 Make sure you read this EULA carefully and understand it. If we are threatened or face legal action because you break any of the terms and conditions in this EULA, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.

5. OUR LIABILITY

5.1 Nothing in this EULA will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in this EULA:

5.1.1 our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;

5.1.2 if a Game is faulty when we deliver it to you, we will try to repair or replace it;

5.1.3 if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Game (where applicable); and

5.1.4 if, as a result of the fault, the Game damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

5.2 Other than as mentioned above, our overall liability to you is limited to the price you paid to use the Game or, where no price was paid, £10. The Game, along with any updates, upgrades and any additional Game content, is provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.

5.3 We’ll use reasonable skill and care to provide the relevant Game, but can’t guarantee there won’t be any errors, bugs or interruptions in or when playing the Game, or that the Game won’t cause any problems with your device.

5.4 If we release a version of the Game which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.

5.5 Please do let us know straight away if you discover any problems with a Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with the Game at the following email address: contact@supermassivegames.com

6. PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

7. INTELLECTUAL PROPERTY

All intellectual property rights in the Game throughout the world belong to us and our licensors, and the rights in the relevant Game are licensed (not sold) to you. You have no intellectual property rights in, or to, the Game other than the right to use the Game in accordance with this EULA. Except as otherwise expressly provided in this EULA, all rights in the Game are reserved by us and our licensors.

8. UNREAL TERMS

8.1 The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Supermassive, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Supermassive, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Supermassive and Epic. Supermassive, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

8.2 To the maximum extent permitted by applicable law, neither Supermassive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Supermassive’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Supermassive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Supermassive or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Supermassive’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Supermassive, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

8.3 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Supermassive, Epic, Epic’s licensors, its and their affiliates, and any of Supermassive’s or Epic’s service providers shall be limited to the full extent permitted by law.

9. OPERATING SYSTEM REQUIREMENTS

Our Games are compatible with most Android devices (for Android Games). An internet connection may be required.

10. GENERAL

10.1 This EULA doesn’t affect any legal rights you may have under the law which cannot be excluded or limited.

10.2 We may change or update this EULA from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new EULA, and you don’t use the update, then the old EULA applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new EULA will apply. Please check back at https://www.supermassivegames.com/shattered-state-EULA from time to time in case of updates to the EULA.

10.3 We may end your rights to use the Game at any time in the event that you breach the terms and conditions set out in this EULA. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so.

10.4 We may transfer our rights and obligations under this EULA to another organisation. We will let you know if that happens and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights under this EULA unless we expressly agree to the transfer in writing.

10.5 Except where expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.

10.6 Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.7 This EULA is governed by English law and you can bring proceedings in respect of the relevant Game or this EULA in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.

11. COMPANY AND CONTACT INFORMATION

In this EULA, “we”, “us” and “our” refers to:

Supermassive Limited

1 Farnham Road, Guildford, Surrey GU2 4RG, England

Visit https://www.supermassivegames.com/about#contact to see our different contact emails for game-specific support. You can also reach us generally at contact@supermassivegames.com

© 2018 Supermassive Games Limited. All Rights Reserved