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diff --git a/licenses/TGE b/licenses/TGE new file mode 100644 index 000000000000..4a8c8f7c0b70 --- /dev/null +++ b/licenses/TGE @@ -0,0 +1,194 @@ +Torque Game Engine SDK + +End User License Agreement (EULA) + +TERMS OF SERVICE + +The use of the Garagegames.com software product ("Software") is governed by a license +agreement (the "Agreement"). You must read and agree to the license agreement terms +BEFORE installing the Software to your hard drive or using the Software in any way. If +you do not agree to the license terms, do not download, install or use the Software. It +is important that you print out a copy of the applicable product license(s) on your date +of acquisition as a record of the governing terms and conditions. Please make copies for +all those in your organization who need to be familiar with the license terms. + +BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR +ENTITY ACCESSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A +PARTY TO THIS AGREEMENT AS A LICENSEE. IF THE INDIVIDUAL OR ENTITY DOES NOT AGREE TO ALL +OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, +AND THE INDIVIDUAL OR ENTITY MUST NOT INSTALL OR USE THE SOFTWARE + +1. LICENSE AGREEMENT + +This sets forth the entire agreement between Garagegames.com, Inc. ("Licensor") and the +Licensee relating to the use of the Software source code downloadable from the Licensor +website, www.garagegames.com ("Website"). + +2. LICENSE GRANT. + +Licensor grants Licensee a limited non-exclusive and non-transferable license to +reproduce and use only for purposes of making source code and object code for electronic +single or multi-player games ("Games"), the Torque Game Engine code version of the +Software. This license does not entitle Licensee to receive from Licensor hard-copy +documentation, technical support, telephone assistance, or enhancements or updates to +the Software. Licensee may not redistribute, transfer, sublicense or sell the Software +or exploit the Software in any other manner than as expressly allowed in this Agreement. + + (a) Licensee may publicly sell, distribute, release, publish and/or transmit any +Games created hereunder or otherwise exploit the Software. + + (b) Licensee may distribute free demos of the Games through third party distribution +channels. Free games may be distributed from Licensee´s own web site. + + (c) Accredited public education institutions may use the Software for non-commercial +applications and educational activities with written permission from the Licensor. + + +3. RESTRICTIONS. + +The following restrictions apply to the use of this Software: + + (a) Licensee may not: (i) modify or create any derivative works of the Software, +including translations or localizations, other than the Games; (ii) reverse engineer, or +otherwise attempt to derive the algorithms for the Software (except to the extent +applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, +sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) +remove or alter any trademark, logo, copyright or other proprietary notices, legends, +symbols or labels in the Software. + + (b) Licensee may not use the Software in whole or in part to create products for +competing game publishing companies, commercial websites, or any other commercial or +non-commercial entity, whether public or private if the sum of the annual revenue of the +Licensee and publishing entity exceeds $500,000, without obtaining a COMMERCIAL LICENSE +from the Licensor. + + (c) Licensee may not distribute the source code to the engine in any manner, unless +recipient also has a license to the Software. + + +4. FEES. + +The license fee is the current price indicated on the GarageGames website. + +5. TERMINATION. + +Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee +breaches any of its terms and conditions. Upon termination, Licensee shall destroy all +copies of the Software and all Games containing the Software. + +6. PROPRIETARY RIGHTS/USES OF GAMES. + +The following restrictions apply to games submitted for publication: + + (a) Except as expressly licensed hereunder, all rights in the Software remain the +sole and exclusive property of Licensor or its licensors. Licensee acknowledges such +ownership and intellectual property rights and will not take any action to jeopardize, +limit or interfere in any manner with Licensor´s or its licensor´s ownership of or +rights with respect to the Software. The Software is protected by copyright and other +intellectual property laws and by international treaties. + + (b) Commercial use of the Software for applications other than Games may be +permitted with the written permission of the Licensor, and subject to a separate +agreement. + + (c) On-line subscription revenue based games may be created with the Software by the +Licensee. + + +7. DISCLAIMER OF WARRANTY. + +THE SOFTWARE IS PROVIDED FOR A SMALL CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, +WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK +AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. +SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS +SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS +DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE +SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. This disclaimer may not +apply to you if you reside a jurisdiction that does not recognize such disclaimers. + +8. LIMITATION OF LIABILITY. + +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS +SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL +DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT +LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR +MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE +POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR +OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR´S ENTIRE LIABILITY UNDER +ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES +LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION +OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION +MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF +CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE +AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. + +9. LICENSEE´S REPRESENTATIONS, WARRANTIES & INDEMNIFICATION. + +Licensee warrants, covenants and represents that (a) the Games do not contain any +libelous or otherwise unlawful material or violate any personal, proprietary or +contractual right of any person or entity and the Games will be free and clear of all +claims of any kind now known or later discovered, including without limitation copyright +or trademark infringement, trade secret violations, publicity or privacy rights +infringements, failure to pay or breach of contract; (b) the Games are unique, were and +will be created solely by Licensee (and/or its employees) and contain no unlicensed +third party materials; (c) Licensee will not violate any third party agreements or +relationships by entering into this Agreement or creating or transferring full ownership +of the Games to Licensor hereunder; (d) no further payments or agreements are required +for Licensor´s use of the Games as authorized hereunder; and (e) Licensee has full right +and power to enter into this Agreement. + +Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, +affiliated companies and partners and their respective officers, directors, employees +and agents from and against any and all liabilities, damages, costs and fees (including +reasonable attorney´s fees) resulting from or relating to: (i) any third party claims or +lawsuits related to the Games and assignment of intellectual property ownership +hereunder; (ii) any third party claims or lawsuits related to any and all obligations +Licensee has undertaken to perform hereunder; or (iii) a breach of any representations +and warranties Licensee has made hereunder. Such indemnification obligation of Licensee +is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth +with specificity the claim or action to which such indemnification obligation applies. +Licensee will have the right to control the defense of each such claim and any lawsuit +or proceeding arising therefrom. In no event will Licensee settle any such claim or +lawsuit or proceeding arising therefrom without the prior written approval of Licensor. + +10. MISCELLANEOUS. + +This Agreement may be amended only by a writing signed by both parties. Except to the +extent applicable law, if any, provides otherwise, this Agreement shall be governed by +the laws of the State of Oregon, U.S.A., excluding its conflict of law provisions. +Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting +any dispute relating to intellectual property rights) shall be subject to final and +binding arbitration in Lane County, Oregon, with the losing party paying all costs of +arbitration. This Agreement shall not be governed by the United Nations Convention on +Contracts for the International Sale of Goods. If any provision in this Agreement should +be held illegal or unenforceable by a court having jurisdiction, such provision shall be +modified to the extent necessary to render it enforceable without losing its intent, or +severed from this Agreement if no such modification is possible, and other provisions of +this Agreement shall remain in full force and effect. A waiver by either party of any +term or condition of this Agreement or any breach thereof, in any one instance, shall +not waive such term or condition or any subsequent breach thereof. The provisions of +this Agreement which require or contemplate performance after the expiration or +termination of this Agreement shall be enforceable notwithstanding said expiration or +termination. Licensee may not assign or otherwise transfer by operation of law or +otherwise this Agreement or any rights or obligations herein. This Agreement shall be +binding upon and shall inure to the benefit of the parties, their successors and +permitted assigns. Neither party shall be in default or be liable for any delay, failure +in performance (excepting the obligation to pay) or interruption of service resulting +directly or indirectly from any cause beyond its reasonable control. The relationship +between Licensor and Licensee is that of independent contractors and neither Licensee +nor its agents shall have any authority to bind Licensor in any way. If any dispute +arises under this Agreement, the prevailing party shall be reimbursed by the other party +for any and all legal fees and costs associated therewith. Licensor may use Licensee´s +name in connection with the Game and in any customer reference list or in any press +release issued by Licensor regarding the licensing of the Software and may provide +Licensee´s name to third parties. + +11. LICENSEE OUTSIDE THE U.S. + +If Licensee is located outside the U.S., then the provisions of this Section shall +apply. Licensee is responsible for complying with any local laws in its jurisdiction +which might impact its right to import, export or use the Software, and Licensee +represents that it has complied with any regulations or registration procedures required +by applicable law to make this license enforceable. The language of this Agreement is +English. |