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- Trainz License Agreement
-
-
- This is a software license agreement ("License") between you and Auran Games Pty
- Ltd, ABN 73 081 393 311 ("Auran") for the software product known as 'Trainz'. The
- Trainz software product includes:
-
- * software including My Collection, Driver, Surveyor and any other modules or
- add-on packs that Auran chooses to make available to you from time to time
- ("Trainz Modules");
-
- * editors (including but not limited to the surveyor module) and software
- exporters and utilities that allow you to create your own assets or modify
- existing Auran or third party assets for use within the Trainz Modules;
-
- * all documentation relating to Trainz and the Trainz Modules that are
- included in either electronic or paper form; and
-
- * all other associated media (including artwork, sound files, music and video)
- included with the Trainz Modules or made available to you by Auran
- (together the "Software").
-
-
- 1 Important Note
-
- YOUR PERMISSION TO USE THE SOFTWARE IS CONDITIONAL UPON
- YOUR AGREEMENT TO THE TERMS OF THIS LICENSE. DO NOT OPEN
- THE SEALED PACKAGE, OR INSTALL, DOWNLOAD OR USE THE
- SOFTWARE, UNLESS YOU HAVE READ AND ACCEPTED ALL THE
- TERMS OF THIS LICENSE. BY OPENING THE PACKAGE, OR
- INSTALLING, DOWNLOADING OR USING THE SOFTWARE, YOU WILL
- BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS LICENSE. IF
- YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, RETURN THIS
- PACKAGE UNOPENED TO THE PLACE OF PURCHASE AND ANY
- LICENSE FEE THAT YOU HAVE PAID WILL BE REFUNDED TO YOU.
-
-
- 2 Copyright and Intellectual Property
-
- 2.1 The Software is a copyright work that is protected by copyright laws and
- international copyright treaties. In addition, parts of the Software may be
- protected by registered patents in numerous jurisdictions around the world.
-
- 2.2 This Software is licensed to you. It is NOT sold.
-
- 2.3 All copyright, patent and other intellectual property rights are expressly
- withheld and are NOT transferred in any way by the terms of this License.
-
-
- 3 Grant of License
-
- 3.1 Subject to the terms and conditions of this License, Auran grants to you a
- personal, non-transferable and non-exclusive license to:
-
- (a) install and use the Software, at any one time, on a single stand
- alone computer in accordance with normal operating procedures as
- notified by Auran from time to time; and
-
- (b) either:
-
- (i) make one copy of the Software that is in electronic form
- solely for back-up or archival purposes in support of your
- permitted use of the Software; or
-
- (ii) transfer the Software that is in electronic form to a single
- hard disk, provided you keep the original solely for back-up
- or archival purposes.
-
- 3.2 You have no right to use the Software, in whole or in part, for any purpose
- other than as specified in this License. The rights granted to you in this
- clause 3 and clause 4 are your only rights in relation to the Software.
-
- 3.3 This License does not grant you any right to enhancements or updates to
- the Software although Auran may make available such enhancements or
- updates to the Software as it sees fit in its absolute discretion.
-
- 3.4 Except for purposes expressly permitted by law, you must not reverse
- engineer, decompile or disassemble the Software or any of the files that are
- used by the Software.
-
- 3.5 You must not use the Software for an illegal purpose.
-
- 3.6 You are responsible for the supervision, management and control of the use
- of the Software.
-
- 3.7 The grant of the license set out in clause 3.1 is not and cannot be deemed
- to be a sale, transfer or any other conveyance to you of Auran's trademarks
- or any other intellectual property rights held or used by Auran.
-
- 3.8 The Software is comprised of a number of modules but is licensed as a
- single product. Its component parts (Trainz Modules) may not be separated
- for use on more than one computer.
-
- 3.9 You must not rent, lease or lend-for-profit the Software unless you have
- obtained Auran's prior written consent.
-
-
- 4 Authorised Use of the Software
-
- 4.1 The rights granted to you under clause 3 are subject to the following
- authorised uses of the Software.
-
- 4.2 Certain of the Trainz Modules and accompanying editors and exporters
- allow you to create your own assets for use by the Software by either:
-
- (a) creating a completely new artistic work; or
-
- (b) modifying an existing asset provided by Auran or a third party.
-
- 4.3 In the case of 4.2(a) above, you can distribute (for free or for payment) such
- works as you see fit with no requirement to seek Auran's approval or
- consent PROVIDED THAT you will cease to distribute such works as Auran
- reasonably considers are not new works.
-
- 4.4 In the case of 4.2(b) above, you can only distribute (for free or for payment)
- those works that are reasonably considered to be substantially different to
- the original work on which the new work is based. In the event of a dispute
- over what is considered to be 'substantially different', Auran's decision is
- final.
-
- 4.5 If you submit a work to Auran for inclusion as "Official Content" (as defined
- in the Trainz Third Party Content Creation and Distribution Guidelines on
- the Auran website at www.auran.com), Auran may, in its absolute
- discretion, choose to include a work that you have created under the terms
- of Clause 4.2 (a) and 4.2 (b) in a product it distributes (for free or for
- payment). If Auran includes a work you have created in a product it
- distributes, it will place your name in the credits for the relevant work. If
- Auran receives a monetary benefit for the distributed product in which your
- work is included, Auran will make all reasonable efforts to contact you to
- arrange an appropriate royalty payment.
-
- 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 any further
- use of the Software, and you must at your expense, return to Auran or
- destroy (at Auran's discretion) all copies of the Software in your possession
- or your control .
-
-
- 6 No Warranty
-
- 6.1 The Software is provided "as is".
-
- 6.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NO WARRANTIES,
- WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
- THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
- A PARTICULAR PURPOSE, ARE MADE BY AURAN. IN NO EVENT WILL
- AURAN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
- CONSEQUENTIAL OR INDIRECT LOSS, INCLUDING WITHOUT
- LIMITATION, TIME, MONEY, GOOD WILL, LOSS OF CUSTOM, DAMAGE
- TO REPUTATION OR LOST PROFITS, WHICH MAY ARISE FROM THE
- USE, OPERATION, MAINTENANCE, MODIFICATION OR FAILED USE OF
- THE SOFTWARE OR ANY PROGRAM CREATED USING THE
- SOFTWARE. THIS LIMITATION OF LIABILITY DOES NOT APPLY IN
- JURISDICTIONS WHICH PROHIBIT THE LIMITATION OF LIABILITY FOR
- INCIDENTAL OR CONSEQUENTIAL DAMAGES.
-
- 6.3 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 Software;
-
- (b) supply of similar Software;
-
- (c) refunding the amount you paid to Auran for the Software;
-
- (d) fixing the Software (if appropriate); or
-
- (e) paying someone else to fix the Software (if appropriate).
-
-
- 7 Indemnities
-
- 7.1 You agree to indemnify Auran for all loss, damage and costs that Auran may
- suffer or incur arising out of your use or misuse of the Software 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 Software.
-
- 7.2 Auran does not and will not indemnify you for any loss or damage arising
- from or relating to your use of the Software, including any claim of
- intellectual property infringement relating to use of the Software.
-
-
- 8 Governing Law
-
- 8.1 This License is governed by and construed in accordance with the laws of
- Queensland, Australia and by using the Software you submit to the
- jurisdiction of the courts of Queensland, Australia and their courts of appeal.
-
-
- 9 Contact Details
-
- Auran can be contacted at:
-
- Auran Games Pty Limited
- PO Box 1026
- NEW FARM QLD 4005
- AUSTRALIA
- Telephone: +61 7 3358 8888
- Facsimile: +61 7 3358 8899
- Email: helpdesk@auran.com
-
- Copyright 2001 Auran Holdings Pty Limited. All Rights Reserved.
-