This original software is protected by copyright and trademark laws. It may only be purchased via an authorised dealer and is intended solely for private use. Please read this licence carefully before using the software. By installing or using this software, you agree to be bound by the terms of this EULA.
SOFTWARE LICENCE
This End-User Licence Agreement grants you the following rights: This End-User Licence Agreement is a legal agreement between you (as either an individual or a single entity) and 10TACLE STUDIOS AG.
Purchase of this original software grants you the right to install and use the software on one computer. 10TACLE STUDIOS AG does not transfer any right of ownership to you û this software is licensed not sold. You are the owner of the CD-ROM on which this software is stored. 10TACLE STUDIOS AG, however, retains full and complete ownership of the software on this CD-ROM and its associated documentation as well as of all intellectual and commercial rights over the contents.
This non-exclusive and personal licence gives you the right to install, use and display one copy of this software on one single computer, one single workstation, one single terminal, one single laptop PC, pager etc. Any other use is forbidden without prior written consent: especially the unauthorised lease or rental, public use or other display, e.g. in schools or universities, duplication, multiple installations or overwriting and any process through which this software or its component parts would be made available to the public (via the Internet or other online systems). If the software gives you the possibility of printing pictures containing 10TACLE STUDIOS AG registered trademark images, this licence will only permit you to print these on paper and to use these computer printouts for your personal, non-commercial and non-governmental use (you are not permitted, for instance, to publicly display or sell these images), provided that you comply with all copyright advice contained in the images generated by the software.
You are only permitted to make personal use of saved data, in particular this applies to maps created by Level Editors that may be supplied with some software or to MODS (Modifications) created by any SDK (Software Development Kit) which may have been supplied. Duplication, distribution or commercial use other than this is not permitted. The creation, use, combination, duplication or distribution of such maps or mods with content that is offensive or illegal or infringes the law or rights of third parties is not permitted. You alone are responsible for all your maps and modifications and are obliged to indemnify 10TACLE STUDIOS AG and its employees and agents against all damages, claims and legal proceedings resulting from the creation, use, combination, duplication or distribution of such maps and modifications.
10TACLE STUDIOS AG offers neither technical support nor warranties of any kind for a software editor as well as any SDK component parts possibly contained therein.
FURTHER RIGHTS AND RESTRICTIONS
Security Copy
This software product may not be stored in whole or partially for commercial or private use as security or backup copy, or for archiving purposes under any circumstance.
Limited Warranty
10TACLE STUDIOS AG guarantees that the software product will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of purchase. The entire liability of 10TACLE STUDIOS AG and your exclusive remedy shall be, at the discretion of 10TACLE STUDIOS AG, either a full refund of the purchase price or the repair or replacement of the software product that fails to meet 10TACLEÆs Limited Warranty, provided that it is returned to 10TACLE STUDIOS AG with a copy of the receipt. This Limited Warranty is void if the failure of the software product is found to be the result of accident, abuse, or misapplication.
Other statutory rights are not affected.
The above warranty is undertaken by 10TACLE STUDIOS AG as the manufacturer of this software product. This in no way replaces or restricts any other guarantees or protections offered to you under existing trading laws, from the supplier that you bought your software product from.
Limitation of Liability
To the maximum extent permitted by applicable law, 10TACLE STUDIOS AG will not be liable for any specific, incidental, indirect or consequential damage, arising out of the use of or inability to use this software product.
This limitation remains valid even if 10TACLE STUDIOS AG has previously advised of the possibility of such damage.
Trademarks
This End-User Licence agreement does not give you any rights whatsoever in connection with trademarks belonging to 10TACLE STUDIOS AG.
Termination of Contract
This licence is valid until terminated by one of the contracted parties. You can cancel this licence at any time, by returning the software to 10TACLE STUDIOS AG or by destroying the software all associated documentation as well as all copies and installed software, regardless of whether they were created in accordance with the terms of this licence or not. This licensing agreement will be terminated immediately without any notification by 10TACLE STUDIOS AG, if you fail to abide by the terms of this licence. In this case, you are obliged to destroy all copies of the software product.
Severability Clause
In the event that any provisions herein are or become void or invalid, the remaining provisions, or parts thereof shall be and remain in full force and effect.
Choice of Law and Jurisdiction
All legal questions arising out of or in connection with this agreement will be decided under German law.
