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EULA applicable to residents of North and South America:

LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT

YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH BETHESDA SOFTWORKS LLC AND ITS PARENT, ZENIMAX MEDIA INC. (COLLECTIVELY, “LICENSOR”).

LICENSE. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.

OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in