Shoot 'Em Up Kit End User Licence Agreement
BY INSTALLING THIS SOFTWARE YOU AGREE TO THESE TERMS AND CONFIRM THAT YOU ARE AUTHORISED TO DO SO.
• Please read the following information carefully as it sets out the terms upon which you and your company (“you”) are allowed by Tall Studios Limited to use the software contained in this installation package and the accompanying associated media and applicable documentation (“Software”).
• You must accept this agreement and these terms and therefore click “accept” when requested to install and use this Software.
• If you do not accept these terms you may not use the Software or continue with the installation and you must not install, use or run the Software on this or any other computer.
Upon your acceptance of these terms and installation of the Software, Tall Studios grants you a non-exclusive, non-transferable, limited right and licence to install and use the Software on and subject to these terms.
This Licence Agreement and the rights granted by it do not give you any title or ownership in the Software and should not be construed as a sale or transfer of any intellectual property rights in or to the Software.
1.1. Subject to these terms you may install and use:
a. the versions of the Software described as “Alpha”, “Beta”, “Release Candidate” or “Trial” for personal, non-commercial, evaluation use only;
b. the graphics, audio, sound, sprite, background and other pre-created audio visual files contained within the Software (“Audio-visual Files”) for your personal non-commercial use only.
In each case “use” of this Software shall be to create computer games (“Games”).
The Games you create with the Software may be used by you as you wish without payment of any licence fee or royalty PROVIDED THAT such Games comply with these Terms including without limitation as set out in clause 3 below.
1.2.You agree not to:
a. Commercially exploit the Software;
b. Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as set forth in this Agreement;
c. Make a copy of the Software or any part thereof (other than as set forth herein);
d. Making a copy of this Software available on a network for use or download by multiple users;
e. Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
f. use or copy the Software at a computer gaming center or any other location-based site; provided, that Licensor may offer you a separate site license agreement to make the Software available for commercial use;
g. Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part; and
h. Remove or modify any proprietary notices, marks or labels contained on or within the Software.
2. Software Intellectual Property Rights
2.1. You agree and acknowledge that all right, title, interest and ownership rights in any and all copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Software and any and all copies thereof (including in particular but not limited to any data, database, designs, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by Tall Studios. All such rights of Tall Studios are hereby asserted and reserved.
3.1. Except for those parts and elements which belong to and vest in Tall Studios, including without limitation those which form part of, are derived from or are modifications of the Software you will be responsible for the Games and any dealings in them and you accept that full responsibility and liability for the Games rests solely with you. Tall Studios shall have no liability in relation thereto.
3.2. You agree to ensure that:
a. you have the right to use all Intellectual Property Rights in the Games;
b. the Games do not and will not infringe any third party rights;
c. you may only licence, sell, assign or transfer the Games subject to the licence in the Software and those parts of it that are contained within them;
d. you must own or have proper licences, permissions and other consents in place in respect of all features and resources used in the Games (other than the Software which shall be subject to the terms of this Licence Agreement and the licence granted hereunder), and it is explicitly stated that files with a cpx extension will require a separate licence with their owners and Tall Studios can be contacted for more information;
e. the Games and all materials accompanying the Games shall include a notice and End User Licence Terms: (i) identifying the rights of Tall Studios and that they include, are based on and made using the Software; (ii) that such end user will have no right to modify, adapt, decompile or reverse engineer the Games or make any use of the Software contained therein nor to permit anyone else to do so; and (iii) that such end user must not remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained within the object (compiled) code of the Software;
f. you will not distribute or make available to any third party nor make any commercial use of any Game that contains any statement, content, material or communication that:
- is unlawful or which gives rise to civil or criminal liability;
- infringes any intellectual property rights of any third party;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is pornographic, defamatory, discriminatory, obscene, inflammatory or racist;
- harasses any person;
- promotes any illegal or unlawful activity;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
4.1. The licence granted in these terms and your right to use the Software will terminate automatically if you fail to abide by any of the terms. On termination you must destroy and erase the Software and all and any copies in your possession or control and stored on any media whatsoever and on Tall Studios’ request certify that you have done so.
5. Warranties and Liability
TALL STUDIOS PROVIDES THE VERSIONS OF THE SOFTWARE DESCRIBED AS “ALPHA”, “BETA”, “RELEASE CANDIDATE” OR “TRIAL” SOFTWARE "AS IS" AND DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS (WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING FILES.
TALL STUDIOS DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE, THAT TALL STUDIOS WILL CORRECT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
5.1. Tall Studios does not warrant that the operation of the Software will be uninterrupted or error free or errors can be corrected.
5.2. The Software is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Tall Studios’ liability, warranties and your remedies. To the maximum extent permitted by law, Tall Studios Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect.
5.3. Tall Studios will not be held responsible for the risks connected with (i) lost profit, damage to property, lost data, loss of goodwill; (ii) computer failure or errors; or (iii) loss of business or other information as a result of possession, use or malfunction of the Software, even if it has been advised of the possibility of such loss.
5.4. Tall Studios will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Software has been modified in any manner (not by Tall Studios) after it has been bought.
5.5. The liability of Tall Studios shall not exceed the actual price paid for the Software.
5.6. Tall Studios does not seek to exclude or limit liability for any death or personal injury arising from their negligence.
5.7. You agree to indemnify, defend and hold Tall Studios and their licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from any breach of these terms and any act or omissions of you or your company in using the Software otherwise than in accordance with these Terms.
6.1. If any part of these terms is held to be invalid or void under any applicable law, the other provisions of these terms will be unaffected and remain in full force and effect.
6.2. Nothing in these terms affects or excludes your statutory rights as a consumer.
6.3. These terms represents the complete agreement between Tall Studios and you in relation to the use of the Software and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
6.4. If you have a problem with the Software, want more information, or have any other questions, comments or enquiries please contact Tall Studios via the web form at www.tallstudios.com/contact or by post to Tall Studios Limited, 18 Clover Road, Timperley, Altrincham, Cheshire. WA15 7NL, United Kingdom.
6.5. This Licence Agreement is governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
6.6. System Requirements: A modern PC (Pentium or higher) running XP Service Pack 2 or above, Vista, or Windows 7 is required. After installation the Software uses approximately 100 MB disk space and requires at least a 1024x768 screen resolution. A 3D graphics card compatible with DirectX 9.0c and shader model 3 is required. Also a DirectX 9 compatible sound card is required. Make sure all graphics and sound card drivers are up to date.
NVIDIA® PhysX™ DRIVER END USER LICENSE AGREEMENT
This End User License Agreement (the "Agreement") is a legal agreement between you (either individually or an entity) ("You" or "Your") and NVIDIA Corporation ("NVIDIA") regarding the use of the NVIDIA® PhysX™ Driver and any accompanying documentation (collectively, the "Software").
YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE, NOT INSTALL OR USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE SOFTWARE.
NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. ANY USE OF THE PHYSX SDK WILL BE SUBJECT TO SUCH UPDATED TERMS. A CURRENT VERSION OF THIS AGREEMENT IS POSTED ON NVIDIA'S DEVELOPER WEBSITE: www.developer.nvidia.com/object/physx_eula.html
This license is only granted to and only may be used by You. NVIDIA grants You a limited, non-exclusive, non-transferable license to use the provided Software for evaluation, testing and non-commercial production purposes according to the terms set forth below:
1. Use of the Software.
a. You may use, display and reproduce the NVIDIA PhysX Driver on Licensed Platforms only. For purposes of this Agreement, Licensed Platforms shall include the following:
• Any PC or Apple Mac computer with a NVIDIA CUDA-enabled processor executing NVIDIA PhysX;
• Any PC or Apple Mac computer running NVIDIA PhysX software executing on the primary central processing unit of the PC only;
• Any PC utilizing an AGEIA PhysX processor executing NVIDIA PhysX code;
• Microsoft XBOX 360™
• Nintendo® Wii™ and/or
• Sony Playstation®
b. You may not and shall not permit others to:
(i) modify, translate, reverse engineer, decompile, decrypt, disassemble or otherwise attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without
limitation any such mechanism used to restrict or control the functionality of the Software, or to derive the source code or the underlying ideas, algorithms, structure or organization from the Software;
(ii) alter, adapt, modify or translate the Software in any way for any purpose, including without limitation error correction;
(iii) distribute, rent, loan, lease, transfer or grant any rights in the Software or modifications thereof in any form to any person without the prior written consent of NVIDIA.
c. No Commercial Distribution Right. This license grants no rights to distribute the Software for any commercial purposes. Any and all individuals, companies, non-academic government agencies or other organizations wishing to redistribute the Software for any purpose must enter into written contract with NVIDIA. Please contact PhysXLicensing@NVIDIA.com for further information.
This license is not a sale. Title, copyrights and all other rights to the Software and any copy made by You remain with NVIDIA and its suppliers and licensors. Unauthorized copying of the Software, or failure to comply with the license restrictions set forth in Section 1(b) above, will result in automatic termination of this license and will make available to NVIDIA other legal remedies.
This license is effective once You click the "AGREE" button of this Agreement, or install or use the Software, and will continue until terminated. Unauthorized copying of the Software, Your failure to comply with the above restrictions or Your failure to comply with any terms of this Agreement will result in automatic termination of this Agreement and will make available to NVIDIA other legal remedies. Upon termination of this license for any reason You will destroy all copies of the Software. Any use of the Software after termination is unlawful. Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate. NVIDIA's rights and Your obligations under this Agreement shall survive any termination of this Agreement.
Certain of the product names used in this Agreement and the Software constitute trademarks, trade names, trade dress, or service marks ("Trademarks") of NVIDIA or other third parties. You are not authorized to use any such Trademarks for any purpose.
5. No Warranty.
THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND NVIDIA MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. NVIDIA AND ITS SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND NVIDIA ANDITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. NVIDIA DOSE NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
6. Limitation of Liability.
IN NO EVENT WILL NVIDIA, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF NVIDIA OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED. YOU ACKNOWLEDGE THAT THE LACK OF A REQUIRED PAYMENT BY YOU FOR THE SOFTWARE REFLECTS THIS ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold NVIDIA, its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your failure to comply with this Agreement or Your violation of any law or the rights of any third party.
8. Legal Compliance.
You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Software.
9. Governing Law and General Provisions.
This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather, this Agreement and the performance of the parties hereunder shall be construed in accordance with and governed by the laws of the State of California, U.S.A., except for its conflict of law rules. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Santa Clara County, California, U.S.A., and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. This Agreement is the entire agreement between You and NVIDIA and supersedes any other communications, representations or advertising with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. If You are acquiring the Software on behalf of any part of the U.S. Government, the following provisions apply. The Software programs and documentation are deemed to be "Commercial computer software" and "Commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software programs and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "Technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).
Should You have any questions relating to this Agreement, or if You desire to contact NVIDIA for any reason, please contact PhysXLicensing@NVIDIA.com.
NVIDIA PhysX, Copyright © 2008 NVIDIA Corporation. All rights reserved.
AGEIA PhysX, Copyright © 2002-2008 AGEIA Technologies, Inc. All rights reserved.
Novodex Physics SDK, Copyright © 2001-2006 NovodeX. All rights reserved.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY.
You may make one backup copy of the software. You may use it only to reinstall the software.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES.
Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT.
This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT.
This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY.
THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.