Thank you for choosing Nightmist Online.

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING THIS SOFTWARE PROGRAM.

This software program, any on-line or electronic documentation, and any and all copies and derivative works of such software program (the "Program") is governed by the terms of the End User License Agreement ("License") which is provided below. The Program is solely for use by end users according to the terms of the License. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License is expressly prohibited.

END USER LICENSE AGREEMENT

1. Use License.  ALL people involved in making the Program ("Licensors") hereby grant, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home, business or portable computer. The Program has a multi-player capability that allows users to utilize the Program over the Internet. Use of the Program over the internet is subject to your acceptance of the Product's Online Terms of Use Agreement. The Licensors reserve the right to update, modify or change the Product's Online Terms of Use Agreement at any time. The Program is licensed not sold. Your license confers no title or ownership in the Program.

2. Responsibilities of End User.

A. Subject to the Grant of License herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, of the Licensors.

B. The Program is licensed to you as a single product. Its component parts may not be separated for use on  more than one computer.

C. You are entitled to use the Program for your own use, but you are not be entitled to: 

(i)	sell or grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without Licensor's prior written consent;
 
(ii)	publish and/or distribute the computer images, sound, files, fonts, graphics, clipart, animations, photographs, databases or other content of the Program (including without limitation, for resale, printed materials for your personal or business use (e.g., flyers and brochures) and on your personal and business website);

(iii)	use any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or services;

(iv)	exploit the Program or any of its parts, computer images, sound files, fonts, graphics, clipart, animations, photographs, databases or other content in the Program, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming centre or any other location-based site. Licensors may offer a separate Site License Agreement to permit you to make the Program available for commercial use.

(v)	host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by Licensors in the internet feature of the Program, through protocol emulation, tunnelling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilising commercial or non-commercial gaming networks or as part of content aggregation networks.

(vi)	submit graphics for the Program which have not been authorised by the copyright owner.

3. Termination.  This License is effective until terminated. You may terminate the License at any time by destroying the Program. Licensors may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program.

4. Limited Warranty.  LICENSORS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5. Limitation of Liability.  LICENSORS SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON THE SERVER. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT LICENSORS CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTURRUPTIONS OF SERVICE ON THE INTERNET INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. ALSO, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING IMAGE FILES SUBMITTED. YOU MUST UNDERSTAND THAT USING CUSTOMISED IMAGE FILES WHICH HAVE NOT BEEN AUTHORISED BY THE COPYRIGHT OWNERS WILL RESULT IN PERMENANT REMOVAL OF YOUR ACCOUNT WITH NIGHTMIST. SUBMITTING IMAGE FILES WHICH ARE COPYRIGHTED MAY VIOLATE THE LAWS OF THE UNITED KINGDOM AND/OR FOREIGN COPYRIGHT LAWS. COMPLIANCE WITH COPYRIGHT LAW REMAINS YOUR RESPONSIBILITY. ADDITIONALLY, ALTHOUGH NIGHTMIST ONLINE MAKES REASONABLE EFFORTS TO CONTROL CONTENT POSTED WITHIN THE GAME, IT DOES NOT GUARANTEE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL NIGHTMIST ONLINE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

6.  Miscellaneous.  The License shall be deemed to have been made and executed in England, and any dispute arising hereunder shall be resolved in accordance with the English law.

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