SINGLE USER LICENSE AGREEMENT IMPORTANT - READ CAREFULLY The license(s) granted herein are being granted pursuant to a purchase order submitted by you (the "Licensee"), for the purchase of a license to certain BLACKISH products to be used by Licensee, and, if applicable, by Licensee, employees, subcontractors or other agents in performing services for Licensee on Licensee premises (such employees, subcontractors and agents collectively referred to herein as "Employees") or for projects owned by Licensee. By using the scripts and assets, or exercising your rights to make and use copies of the scripts and assets (as may be provided for below), Licensee agrees to be bound by, and to require each of its Employees to be bound by this License Agreement (the "Agreement"). If you do not agree to the terms of this Agreement, then DO NOT use the SOFTWARE PRODUCT. If you would like specific rights not granted in this Agreement, please contact BLACKISH for more information. SOFTWARE PRODUCT LICENSE Licensee and each individual Employee who views, links to, or in any way utilizes (via electronic media or otherwise) the Software (each a "Software Developer"), must have his or her own license to use the Software in accordance with the terms and conditions set forth herein. OWNERSHIP RIGHTS. The enclosed software, including, but not limited to, one or more of the following: source code, sample programs, utility programs, scripts and art assets, together with the accompanying documentation (collectively known as the "Software") is owned by BLACKISH or its suppliers and is protected by copyright laws and international treaties. Therefore, you must treat the Software like any copyrighted material (e.g., a book or musical recording) except that you may make as many copies as necessary for backup purposes and for use in your projects, provided each employee, developer, or other Software Developer who uses the Software to work on said projects owns a separate license, or the Licensee owns licenses on their behalf. BLACKISH GRANTS TO YOU THE LIMITED RIGHT TO USE THE SOFTWARE IN THE MANNER SET FORTH IN THIS AGREEMENT. SUBJECT TO THE RESTRICTIONS CONTAINED IN THIS AGREEMENT YOU MAY 1. Make an unlimited number of copies (either in hardcopy or electronic form) of Documentation delivered by BLACKISH, provided that such copies shall be used solely for internal purposes and shall not be republished or distributed to any third party. 2. Use and modify the source code version of those portions of the Software that are identified as the Sample Code ("SAMPLE CODE"), provided that the SAMPLE CODE, or any modified version of the SAMPLE CODE shall not be distributed in source code form. 3. Modify (i.e. modify the source code and rebuild) the source code and art assets and incorporate the modified scripts and assets into software application products that the Full Developer develops. 4. Make and distribute copies of the art assets as incorporated into software application products that the Full Developer develops in accordance with the terms of this Agreement, provided that the Software, do not constitute a major portion of the value of such application products. NOT WITH STANDING ANY PROVISIONS IN THIS AGREEMENT TO THE CONTRARY, YOU MAY NOT 1.  Distribute in any manner any of the source code, SAMPLE CODE or art source files of the Software. 2.  Use, copy, modify, merge or compile all or any portion of the source code or object code of the Software except as expressly provided in this agreement. 3.  Make telecommunication transmittals of the Software. 4.  distribute any portion of the Software or any derivative of any portion of the Software in a software development product or otherwise in competition with BLACKISH's distribution of the Software; 5.  rent or lease the Software; 6.  disclose any source codes of the Software to any person or entity; 7.  port the Software to any development platform other than Unity. THE SOURCE CODES AND ART ASSETS OF THE SOFTWARE ARE VALUABLE ASSETS OF BLACKISH. YOU AGREE TO KEEP ALL SOURCE CODES AND ART ASSETS OF THE SOFTWARE IN CONFIDENCE. YOU MAY NOT TRANSFER OR ASSIGN THE SOFTWARE OR YOUR RIGHTS UNDER THIS AGREEMENT. LIMITED WARRANTY THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS". BLACKISH DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENT, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. BLACKISH does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. BLACKISH is not responsible for problems caused by changes in the operating characteristics of computer hardware, computer operating systems, or computer software, including, but not limited to, Unity game engine, which are made after the release of the Software nor for problems in the interaction of the Software with non-BLACKISH software. BLACKISH will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication. THIS SOFTWARE IS INTENDED FOR COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL USERS. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLACKISH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. NEITHER BLACKISH NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF BLACKISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT BLACKISH IS LIABLE FOR ANY DAMAGES, BLACKISH'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT. BLACKISH http://www.blackish.at Copyright (C) 2010 BLACKISH.  All rights reserved.