IMPORTANT -- READ CAREFULLY: This end-user license agreement (this "License") is a legally binding agreement between you, an individual software user or a single entity, and Auran Games Pty Ltd, ABN 73 081 393 311 ("Auran") for the computer software product known as "Fury" that accompanies this License (the "Game"). We will refer to ourselves in this License as "Auran", "we" or "our".

Your use of the Game is conditioned on your acceptance of the terms set forth in this License. By selecting "ACCEPT" below, you are attaching your electronic signature to and agreeing to this License. If you do not agree to the terms of this License, you must select "DECLINE" below, in which case you will be prevented from installing and using the Game.

1. THE GAME

The Game includes:

• The Fury client - the software in object code to be installed on your personal computer ("Client").
• All computer artwork, movies, sounds, music and any other individual or collective work recognized by copyright or similar law, included with the Client.
• All in-game virtual items that now or in the future exist within the virtual Game world and that you obtain (either as part of normal gameplay at no charge or as separate purchases), including, without limitation, weapons, armor, scrolls, abilities, potions, player characters and characteristics and in-game currency and essence (unless such virtual items are governed by a separate agreement; for any virtual items that must be purchased by you, such virtual items become part of the Game for purposes of this License only when separately purchased by you).
• If you purchased a boxed version of the game, all the printed materials included in the box such as (as applicable) the game manual, keyboard shortcut card and Fury art book.
• All electronic documentation included on the installation disc, copied to your computer during installation or available "online" from the official Fury website.
• If, in its absolute discretion, Auran chooses to make any available, all patches, updates, add-ons and hot-fixes to the original Game (unless these additions are governed by a separate software license agreement).

If you purchased a boxed version of the game, all the printed materials included in the box such as (as applicable) the game manual, keyboard shortcut card and Fury art book.

2. IMPORTANT NOTE

2.1 Your use of the Game is subject to the Terms of Use for the Game (a current copy of which is available from the official Fury website, and which Terms of Use are hereby incorporated by reference into this License).

2.2 Auran holds any personal information you provide in accordance with the Privacy Policy (and if you reside within the EU, may transfer your data outside the EU in accordance with the Privacy Policy), the current version of which is and will remain posted on the official Fury website. The Privacy Policy is hereby incorporated by reference into this License. By accepting the terms of the License, you acknowledge you have read and agree to the terms of the Privacy Policy.

2.3 We may amend this License, the Terms of Use or the Privacy Policy at any time in our sole discretion. We will notify you of any such amendments by e-mail or online posting. We will notify you of any such amendments at least 10 days before the change is in force (provided that amendments to the Terms of Use or the Privacy Policy will take immediate effect from the date on which notice of such amendment is posted online). If you do not agree to such amendments, then you must stop using and playing the Game; if you continue using or playing the Game after the date on which any such amendments come into force, you will be deemed to have agreed to such amendments.

3. COPYRIGHT AND INTELLECTUAL PROPERTY

3.1 Copyright and other intellectual property laws and treaties protect the Game. We or our suppliers own all right, title and interest in and to the Game (and each portion of the Game), and all associated copyright and other intellectual property rights in and to the Game.

3.2 This Game is licensed to you. It is NOT sold, and we and our suppliers reserve all other rights in and to the Game not granted in this License. You have no ownership rights in or to the Game (or any portion of the Game), regardless of how used, and you acquire no right in or to the Game (or any portion of the Game) other than the limited right to use the Game as expressly permitted in this License.

4. GRANT OF LICENSE

4.1 Subject to the terms and conditions of this License, the Terms of Use, and with the proviso you have paid all appropriate fees for the Client, Auran grants to you a personal, non-transferable, revocable and non-exclusive license to install the Client on one or more personal computers owned by you (provided that you may not have more than one concurrent user logged into the Game in accordance with the Terms of Use) and to play the Game by accessing the Fury Services (as defined below in clause 6.2).

4.2 In no circumstances may you distribute the Game, or use the Game in any way for any commercial purposes (subject to clause 4.10).

4.3 The Game is licensed to you for your personal use. You may not use or play the Game in a way that is against the law or that harms us or our partners, affiliates, customers and/or suppliers. Some examples of impermissible harmful activity include:
(a) attempting to gain access to any account, hardware (including, without limitation, the Fury servers) or network relating to the Game without authorization, or attempting to disrupt any of the same;
(b) attempting to obtain any data from the Game, the Fury Services or from the network used in connection with the Game (other than if we intend to provide such data to you);
(c) using the Game or the Fury Services to obtain data to design, develop or update any unauthorised software that you use (or provide to others to use) to access or use the Game or Fury Services, or to gain an unfair advantage in the Game;
(d) charging others to use the Game (subject to clause 4.10); and
(e) using or distributing any unauthorised macros, cheats or scripts, or exploiting any bug to gain unfair advantage in the Game.

4.4 You have no right to use the Game, in whole or in part, for any purpose other than as specified in this License. The rights granted to you in this clause 4 are your only rights in relation to the Game.

4.5 Except as, and then only to the extent, permitted by the Terms of Use, you may NOT trade, sell, transfer or otherwise deal with any in-game virtual items, player characters, essence or in-game currency. Without limiting the foregoing, you must not transfer, trade, dispose of or attempt to trade any in-game virtual items player characters, essence or in-game currency for real world currency or other valuable consideration.

4.6 This License does not grant you any right to enhancements or updates to the Client although Auran may make available such enhancements or updates to the Client as it sees fit in its absolute discretion. Where Auran chooses to make any patches, updates, add-ons or hot-fixes to the Client available, this License also applies to them unless they are accompanied by separate terms.

4.7 You must not reverse engineer, decompile or disassemble the Game, or otherwise attempt to derive the source code or trade secrets of the Game except as, and then only to the extent, expressly permitted by applicable law and you cannot agree otherwise. Without limiting the foregoing, you must not attempt to fool, trick, break, crack, hack or reverse engineer the authorization code system used by the Game (or the associated authentication processes used by the Fury Services) to authenticate your purchase of the Game. You may not create any derivative works of the Game.

4.8 You are responsible for the supervision, management and control of the use of the Game in accordance with this License and the Terms of Use.

4.9 You must not rent, lease, lend-for-profit or provide commercial hosting of the Game, or otherwise provide or make available the Game to any other person for their use.

4.10 If you own and operate an internet café or computer gaming room, you may install the Game on the in-store computers such that your clients can play Fury, provided always that:
(i) You purchase a copy of the Game (from a retail store, an online store or another appropriate outlet) for each computer your clients can use to play Fury.
(ii) You ensure each of your clients who play Fury using the in-store computers has a correctly purchased and valid Fury account and they only use your computers to play Fury on the official Fury servers. Your clients may not share Fury accounts.

4.11 You expressly acknowledge that you have read and agree to the Terms of Use, , as the same may be amended from time to time in accordance with this License.

5. TERMINATION

5.1 Auran may terminate this License with immediate effect if you commit what Auran considers to be a material breach of this License.

5.2 Upon termination of this License, you must immediately cease to use the Game, and you must uninstall and destroy all copies of the Game and all component parts.

6. NO WARRANTY

6.1 The Game is provided on an "as is" basis and, to the fullest extent permitted by applicable law, Auran hereby expressly disclaims all warranties, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, reliability, accuracy, completeness and quiet enjoyment. You may have additional consumer rights under your local laws that this License cannot change. Any implied warranties that cannot be excluded are limited to 30 days or the shortest period permitted by applicable law, whichever is greater.

6.2 Auran makes no warranty on your access to the Fury servers, Fury website and the other online Fury services (together the "Fury Services"). Due to the nature of the internet, during online play you may experience errors, poor network performance and other issues that detract from your gameplay experience. While Auran takes steps to maintain the Fury Services, it does not warrant that the Fury Services will be constantly available or warrant that you will have uninterrupted and error-free access to the Fury Services. Further, due to regulatory or technical restrictions, you may not be able to access the Fury Services from your location. You should verify access prior to accepting the License – Auran is not responsible for your inability to access the Fury Services.

6.3 To the fullest extent permitted by law, you cannot recover from us any special, incidental, indirect, punitive or consequential damages, including without limitation, any damages for loss of profits, time, money, privacy, or confidential or other information, arising out of or relating to your use or inability to use the Game or the Fury Services. Without limiting the foregoing, to the fullest extent permitted by law, you cannot recover from us any special, incidental, indirect, punitive or consequential damages for any losses arising from or relating to:
(a) the provision of, or failure or delay to provide the Fury Services or related support services;
(b) the loss or corruption of your in-game character;
(c) the loss, corruption, removal or amendment of any virtual items (such as weapons, scrolls, containers and abilities) assigned to your in-game character;
(d) the loss, deflation or inflation of in-game currency or essence assigned to your in-game character;
(e) the loss or corruption of your Game account, Fury website account, Fury forum account, Game statistics, player rankings or other user profile information stored by the Game or Fury Services,
even if Auran has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of incidental, consequential or other damages, so the above limitation may not apply to you.

6.4 If Auran is found to be liable to you, Auran's liability is limited in all circumstances to one of the following options, as selected by Auran:
(a) resupply of the Game;
(b) supply of a similar Game;
(c) refunding the amount you paid for the Game;
(d) refunding the amount you paid for the Game plus the amount you paid for one month's subscription;
(d) fixing the Game (if appropriate); or
(e) paying someone else to fix the Game (if appropriate).

7. INDEMNITY

You agree to indemnify Auran for all losses, liabilities, damages and costs and expenses (including without limitation reasonable attorneys’ fees) that Auran may suffer or incur arising out of or relating to your use or misuse of the Game or breach of this License or the Terms of Use, or in respect of any claim made or legal or regulatory action brought against Auran arising out of or relating to your conduct or your use or misuse of the Game or breach of this License or the Terms of Use.

8. GENERAL

8.1 For any reason, Auran may transfer its rights to the Game or cease the Game's operation without notice or refund in accordance with the Terms of Use.

8.2 Except as expressly stated herein, this License, the Terms of Use, and the Privacy Policy (as each may be amended from time to time as permitted under this License) represents the entire agreement between us relating to your use of the Game.

8.3 Auran may assign, sublicense or transfer any portion of the License to any third party without your consent. You may not assign, sublicense or transfer any obligation imposed or right granted by the License. Any attempt to do so will be void.

8.4 All parts of this License apply to the maximum extent permitted by applicable law. A court may hold that we cannot enforce a part of this License as written, and in such case we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of the License will not change.

8.5 Failure by Auran to enforce its rights under the License in no way waives its claims to such rights. If Auran grants you an express waiver to certain terms or conditions in the License, the waiver is only applicable to those express terms and on the conditions specified in the waiver.

8.6 In judicial or administrative proceedings, the License (in printed or electronic form) applicable at the date relevant to the case is admissible and binding in the same manner as any other piece of evidence.

8.7 This License is governed by and construed in accordance with the laws of Queensland, Australia and by using the Game you agree that any dispute or controversy between us relating to the Game or this License will be subject to the jurisdiction of the courts of Queensland, Australia and their courts of appeal. The UN Convention on Contracts for the Sale of International Goods is expressly disclaimed.

8.8 By selecting “ACCEPT” below, you represent that you are an adult of at least 18 years of age or, if under 18 years of age, that you have the consent of a parent or guardian and will provide their details where and as requested. Parents and guardians are responsible for all activities of their minor child.

9. THIRD PARTY LIBRARIES

The Game contains third party libraries and code licensed and obtained from third parties. In accordance with its licensing obligations, Auran notes the following:

This product includes code licensed from Epic Games, Inc. Unreal® Engine, Copyright 1998-2007, Epic Games, Inc. All rights reserved.

Unreal® is a registered trademark of Epic Games, Inc.

NVIDIA, the NVIDIA logo and TWIMTBP logo are registered trademarks of NVIDIA Corporation used with permission.

This software uses SpeedTree software licensed from Interactive Data Visualization, Inc.

This product contains software which is Copyright 1997-2007 DiamondWare, Ltd. All Rights Reserved.

Portions of this software are copyright (c) 2007 The FreeType Project (http://www.freetype.org <http://www.freetype.org>). All rights reserved.

10. CONTACT DETAILS

Auran can be contacted at:
Fury EULA Contact
Auran Games Pty Limited
PO Box 1026
NEW FARM QLD 4005
AUSTRALIA
http://www.auran.com/helpdesk
http://www.unleashthefury.com (for contact details see the "Support" section)

All parts of the Fury computer game (including the Client, the Fury servers, the Fury Services and all other related software but excluding all third party libraries and tools) and all software and intellectual property related to Fury are copyright 2007 Auran Games Pty Limited. All Rights Reserved.
Auran, the Auran logo, Fury and the Fury logo are trademarks or registered trademarks of Auran Holdings Pty Ltd.