Software License Agreement

The End User License Agreement for Epilogue Playback software. This is a single-use license that comes with your Operator device. The authoritative version is included with the software itself - this web version is provided for reference.

Last updated: January 31, 2025

SOFTWARE LICENSE AGREEMENT
SINGLE USE LICENSE

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE EPILOGUE SOFTWARE. BY USING THE EPILOGUE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE OPERATOR DEVICE AND SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A PARTIAL OR FULL REFUND.

YOU MUST BE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS HIGHER, TO AGREE TO THESE TERMS. IF YOU ARE UNDER THE AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BINDING ARBITRATION AND CLASS ACTION WAIVER:
This Section applies to all disputes between you and Epilogue. Most disputes can be resolved without litigation. You agree to try to resolve disputes in good faith before filing any lawsuit. For any dispute, you must first send written notice to Epilogue at Parametric Semiconductors S.R.L., legal@epilogue.co, describing the dispute and your desired resolution.

If the dispute is not resolved within 60 days, either party may initiate arbitration. All disputes shall be resolved through binding arbitration administered by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania in accordance with its Rules. The arbitration shall take place in Bucharest, Romania and be conducted according to Romanian law. You and Epilogue agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

If you do not wish to be bound by this arbitration agreement, you must notify Epilogue in writing within 30 days of first accepting this Agreement. Your written opt-out must be sent to legal@epilogue.co and include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy, modify, or reproduce any material, you should contact your legal advisor.

1. General. 
The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Epilogue Software") are licensed, not sold, to you by Parametric Semiconductors S.R.L. ("Epilogue") for use only under the terms of this License, and Epilogue reserves all rights not expressly granted to you. This License covers your use of the Epilogue Software with Epilogue Operator devices and any other Epilogue-branded peripheral devices. The terms of this License will govern any software upgrades provided by Epilogue that replace and/or supplement the original Epilogue Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 

Title and intellectual property rights in and to any content displayed by or accessed through the Epilogue Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content, except as permitted by law. The Epilogue Software serves only as a tool to interact with authorized media you own, and does not transfer, convey, or grant any rights in the content itself.

The Epilogue Software is intended solely for use with lawfully acquired content. The creation, distribution, or use of illegal copies of software is prohibited under this License. By accepting the terms of this License, you represent and warrant that you legally own the authorized media or digital copies of any content you use in conjunction with the Epilogue Software. Any illegal activity, including but not limited to the use of pirated content or the unauthorized distribution of copyrighted material, may result in the immediate termination of this License and could subject you to legal penalties.

2. Permitted License Uses and Restrictions.
a. This License allows you to install and use one copy of the Epilogue Software on all computers under your ownership or control. You may make one copy of the Epilogue Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
b. Certain components of the Epilogue Software, and third party open source programs included with the Epilogue Software, have been or may be made available by Epilogue on its Open Source web site (our Open Source repository) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Epilogue Software is used, in place of the unmodified Epilogue Software; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Epilogue is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Epilogue Software. You expressly acknowledge that if failure or damage to Epilogue hardware results from modification of the Open-Sourced Components of the Epilogue Software, such failure or damage is excluded from the terms of any Epilogue hardware warranty.
c. You may not copy (except as expressly permitted by this License), attempt to derive the source code of, modify, or create derivative works of the Epilogue Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Epilogue Software). Any attempt to do so is a violation of the rights of Epilogue and its licensors of the Epilogue Software. If you breach this restriction, you may be subject to prosecution and damages.
If you make unauthorized modifications to your Operator device or the Epilogue Software, including but not limited to disabling hardware or software controls, your device may no longer be eligible to access or use the Software. You acknowledge that the use of a modified device or software in connection with the Epilogue Software is expressly prohibited, constitutes a violation of this License, and is grounds for us to deny or limit your access to the Software and services.
You may not use any unauthorized, illegal, counterfeit or modified hardware or software with the Epilogue Software. You may not obtain the Epilogue Software in any manner other than through Epilogue's authorized distribution methods.
Furthermore, you may not use the Epilogue Software with any unauthorized hardware or software. Use of the Epilogue Software with unauthorized materials constitutes a material breach of this License.
d. You may not use the software for any commercial purposes or to gain any financial advantage. 
e. You may not provide access to, share, or delegate the use of the Software to any third party, including but not limited to agents, affiliates, contractors, or auditors, for purposes not expressly permitted under this License. All use must be direct and personal by the original licensee.
f. You may not use the Software for commercial product development or to create competing products without express written authorization from Epilogue.
g. Personal Media Access and User Obligations: This license governs your use of the software to achieve interoperability with your lawfully owned game cartridges. You may only use the software with media you have legal rights to access. All use must be personal and non-commercial. You are prohibited from distributing any content accessed through this software.

Epilogue respects the intellectual property rights of others and requires users of the Epilogue Software to do the same. In accordance with applicable copyright laws, we have adopted a policy to terminate, in appropriate circumstances, the accounts of users who repeatedly infringe upon the copyrights of others. If you believe that your work has been copied and posted, stored or transmitted in a way that constitutes copyright infringement with the use of the Epilogue Software, please submit a notification pursuant to the DMCA by providing the following information in writing to our designated Copyright Agent (listed below): (i) the specific location of the material that is claimed to be infringing; (ii) your contact information, including your address, telephone number, and, if available, email address; (iii) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (iv) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Epilogue's Copyright Agent for notice of claims of copyright infringement can be reached at: legal@epilogue.co

3. Transfer. You may not rent, lease, lend or sublicense the Epilogue Software. You may, however, make a one-time permanent transfer of all of your license rights to the Epilogue Software to another party, provided that: (a) the transfer must include all of the Epilogue Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Epilogue Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the Epilogue Software reads and agrees to accept the terms and conditions of this License; and (d) the Epilogue Software is transferred together with your Operator hardware device. All components of the Epilogue Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. After the transfer of license rights to the Epilogue Software to another party is done, you may not download or obtain through any form another copy of the Epilogue software. For purposes of this License, if Epilogue provides an update to the Epilogue Software, the update is considered part of the Epilogue Software and may not be transferred separately from the pre-update version of the Epilogue Software.
Updates: If an Epilogue Software update completely replaces (full install) a previously licensed version of the Epilogue Software, you may not use both versions of the Epilogue Software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Epilogue Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

4. Consent to Use of Data. You agree that Epilogue, its subsidiaries and commercial partners may collect and use technical and related information to facilitate the provision of product support and other services to you (if any) related to the Epilogue Software. This information may include:
- Crash reports and diagnostic information through our error reporting service
- System specifications (operating system, hardware configuration)  
- Log files related to Software operation
- Your IP address (automatically assigned by your internet service provider)
- Operator device serial numbers
This information is used for system monitoring, diagnostics, improving our products, and providing services to you. Some of these service providers may be located outside the EEA, including in the United States and Canada. We ensure appropriate safeguards are in place for all international data transfers. Epilogue may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

The Epilogue Software will periodically check for available updates. Updates may include security patches, bug fixes, enhanced features, or new functionality. You will be notified when updates are available and may choose whether to install them. However, if you decline to install updates, some features of the Epilogue Software may not function properly or at all, and Epilogue shall have no liability for any issues arising from your use of outdated software versions.

5. Internet Features. Using Epilogue Software features that require Internet access may require you to obtain Internet service from a third-party Internet service provider. You are responsible for all fees incurred in connection with Internet access. Internet access may not be available at all times or locations and may be subject to interruptions or disconnections. Epilogue is not responsible for the availability, quality, or security of Internet connections. Accessing online content, downloading data, or using web-based features may expose you to risks including viruses, data loss, or other security issues. You assume all risks and responsibilities resulting from your Internet use through the Epilogue Software. Third-party content accessed through the Software is not controlled by Epilogue, and we disclaim all liability for such content.

6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Epilogue if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Epilogue Software and destroy all copies, full or partial, of the Epilogue Software.

7. Violation of Agreement and Remedies. If Epilogue determines that you have violated this Agreement's terms, Epilogue may take any action to protect its interests including but not limited to: disabling access to or use of some or all Epilogue Software features; terminating your access to online services; denying warranty, repair or other services for your Operator device; implementing measures to prevent unauthorized use; or pursuing legal action. Use of our products requires ongoing compliance with these terms and applicable law. We reserve the right to modify product functionality if we have reason to believe the terms are being violated. To address any functionality modifications, contact our support center. If Epilogue takes any enforcement action under this section, you may dispute such action by submitting written notice to legal@epilogue.co within 30 days of the enforcement action, including documentation demonstrating your compliance with this Agreement. Epilogue will review such disputes in good faith. Epilogue and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. Epilogue may participate in governmental or private legal investigations relating to your use of the Epilogue Software.

8. Limited Warranty on Media. Epilogue warrants the media on which the Epilogue Software is recorded and delivered by Epilogue to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Epilogue’s option, a refund of the purchase price of the product containing the Epilogue Software or replacement of the Epilogue Software which is returned to Epilogue or an Epilogue authorized representative with a copy of the receipt. 

THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

9. Disclaimer of Warranties. 
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE EPILOGUE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EPILOGUE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EPILOGUE AND EPILOGUE'S LICENSORS (COLLECTIVELY REFERRED TO AS "EPILOGUE" FOR THE PURPOSES OF SECTIONS 9 AND 10) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EPILOGUE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/ OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EPILOGUE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE EPILOGUE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE EPILOGUE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EPILOGUE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE EPILOGUE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE EPILOGUE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE EPILOGUE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPILOGUE OR AN EPILOGUE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE EPILOGUE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability. 
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EPILOGUE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE EPILOGUE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EPILOGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Epilogue's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Export Control. You may not use or otherwise export or reexport the Epilogue Software except as authorized by Romanian law and the laws of the jurisdiction in which the Epilogue Software was obtained. In particular, but without limitation, the Epilogue Software may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Epilogue Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

12. Government End Users. Government users acquire only the rights granted to all other users under this License.

13. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Romania, as applied to agreements entered into and to be performed entirely within Romania between Romanian residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the courts located in Bucharest, Romania. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

14. Metadata and Descriptive Content.
As a user of the Epilogue Software, you may have access to metadata and descriptive content ("Metadata"), including, but not limited to, titles, publishers, release years, classifications, and editorial materials such as ratings, summaries, or commentary created by Epilogue. This content is provided for personal, non-commercial use only and may not be used for commercial purposes, redistributed, reproduced, or publicly displayed outside the Software without the express written permission of Epilogue.
All third-party content such as titles, and publisher names are used solely for purposes of identification, reference, or review. Such usage is for identification and reference purposes only. Epilogue makes no claim of ownership over any third-party artwork, logos, trademarks, or copyrighted content displayed by the Software.
This Metadata and descriptive content is provided "as is", with all faults and without warranty of any kind. Epilogue and its licensors hereby disclaim all warranties and conditions, express or implied, with respect to the Metadata, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Use of this content is at your own risk, and Epilogue makes no representations about its completeness, legality, or correctness.

15. Indemnification.
You agree to defend, indemnify, and hold harmless Epilogue and its affiliates from any claims, damages, losses, or expenses (including attorney's fees) arising from your use of the Software or violation of these terms.

16. Cooperation with Investigations and Audit Rights.
If you report or Epilogue suspects fraudulent, abusive, or illegal activity, you agree to cooperate with Epilogue and its affiliates in any investigation and to use any fraud prevention measures we prescribe. You agree to provide any information reasonably requested to verify compliance with this License.

Upon reasonable notice, Epilogue shall have the right to audit your use of the Software to verify compliance with this License. You agree to: (i) provide access to relevant records and systems; (ii) cooperate with audit procedures; (iii) implement any corrective measures identified; and (iv) if the audit reveals material non-compliance, reimburse Epilogue for the reasonable costs of the audit plus a penalty of €50 for individual consumers or €25,000 for any business entity, organization, or individual acting in a commercial capacity. Refusal to permit an audit shall be considered a material breach of this License resulting in immediate termination. We may waive audit penalties for consumers who demonstrate good faith efforts to comply.

17. Survival.
Sections 7 (Violation of Agreement and Remedies), 8-10 (Warranties and Liability), 13 (Controlling Law), 14 (Metadata), 15 (Indemnification), 16 (Cooperation with Investigations), 18 (Streaming and Content Creation), and this Section 17 shall survive termination of this License.

18. Streaming and Content Creation.
While the Epilogue Software is licensed for personal use, you may stream, record, or broadcast your use of the Software for entertainment, educational, or commentary purposes. However, you are solely responsible for ensuring that any content displayed through the Software (including game footage, artwork, or other third-party content) is used in compliance with applicable laws and the rights of third-party content owners. By streaming or recording the Software, you waive any rights or expectation of privacy, confidentiality, or publicity for any information captured during your use of the Software. Epilogue assumes no liability for your streaming, recording, or broadcasting activities, and you agree to indemnify and hold harmless Epilogue from any claims arising from such use.

19. Personal Use Only.
The Epilogue Software is licensed solely for personal, non-commercial use by individual end users. You may not use the Software on behalf of any third party or for any commercial purpose. Public commentary, reviews, and demonstrations for editorial purposes are permitted.

20. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation. In the event of such force majeure event, the time for performance or cure shall be extended for a period equal to the duration of the force majeure event.

21. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Epilogue Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Epilogue. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.