FREEWARE LICENSE AGREEMENT FOR S3D Silent 3ditor
24012009
IMPORTANT READ CAREFULLY This Freeware License Agreement (AGREEMENT) is a legal agreement between you (each licensee is addressed as you) and skwas (skwas) for the software product identified above which includes computer software and may include associated media printed materials and online or electronic documentation (SOFTWARE PRODUCT) The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by skwas Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to you under the terms of that license agreement By installing copying downloading accessing or otherwise using the SOFTWARE PRODUCT you agree to be bound by the terms of this AGREEMENT If you do not agree to the terms of this AGREEMENT do not install or use the SOFTWARE PRODUCT
SOFTWARE PRODUCT LICENSE
skwas hereby grants you a nonexclusive transferable license to use its SOFTWARE PRODUCT on the following terms and only for noncommercial purposes
GRANT OF LICENSE
This AGREEMENT grants you the following rights
* You may install use access display run or otherwise interact with (RUN) an unlimited number of copies of the SOFTWARE PRODUCT on any computer in your possession
* You may copy the software
* You may distribute an unlimited number of copies of the SOFTWARE PRODUCT only in the form originally produced by skwas (the archive containing installer this license and other files) with no modifications whatsoever If you have any doubt that your copy of the SOFTWARE PRODUCT is not original you must contact skwas for an original copy
LIMITATIONS OF LICENSE
The license granted in GRANT OF LICENSE is subject to the following restrictions
a) The SOFTWARE PRODUCT is to be used only for noncommercial purposes unless you obtain skwas' prior written consent Prohibited commercial purposes include but are not limited to
(i) Selling licensing or renting the SOFTWARE PRODUCT to third
parties for a fee (by payment of money or otherwise whether direct or
indirect)
(ii) Using the SOFTWARE PRODUCT to provide services or products
to others for which you are compensated in any manner (by payment
of money or otherwise whether direct or indirect) including without
limitation providing support or maintenance for the SOFTWARE PRODUCT
(iii) Using the SOFTWARE PRODUCT to develop a similar application
on any platform for commercial distribution
(iv) Using the SOFTWARE PRODUCT in any manner that is generally
competitive with a skwas product as defined by skwas
(vi) All rights not expressly granted are reserved by skwas
b) However media costs associated with the distribution of the SOFTWARE PRODUCT may be recovered You shall use your best efforts to promptly notify skwas upon learning of any violation of the above commercial restrictions
c) On each copy of the SOFTWARE PRODUCT you must conspicuously and appropriately reproduce skwas copyright notices (see SOFTWARE PRODUCT for examples of such notices) and disclaimer of warranty keep intact this AGREEMENT and all notices that refer to this AGREEMENT or any absence of warranty (whether written or interactively displayed) and give any other recipients of the SOFTWARE PRODUCT a copy of this AGREEMENT
d) You may not modify combine other commercial applications with or otherwise prepare derivative works of the SOFTWARE PRODUCT
e) In order to preserve the value of the skwas name andor any trademarks service marks trade dress adopted andor used by skwas from time to time you shall not make use of any of them for any reason (eg with respect to an Additional File in advertising marketing your own products press releases or other publicity) except solely as may be expressly authorized by this AGREEMENT or by the prior written consent of skwas
f) skwas in its sole and absolute discretion may have included a portion of the source code or online documentation of the SOFTWARE PRODUCT Except for any such portions you shall not REVERSE ENGINEER DECOMPILE DISASSEMBLE OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM except to the extent this restriction is prohibited by applicable law
USAGE
By using SOFTWARE PRODUCT you accept that
* The SOFTWARE PRODUCT signs all files with a signature This signature is to be left in place in all published work (MOD) to identify which application (and version) was used to make the changes
* Any MOD published and produced with SOFTWARE PRODUCT must include a credit notice to skwas and the SOFTWARE PRODUCT
* The SOFTWARE PRODUCT is provided to you free of charge to stimulate open source practice You agree to contribute share discuss and collaborate in that same spirit to the further development of the game the mod community and the SOFTWARE PRODUCT If you have no such intentions do not install or use the SOFTWARE PRODUCT
DISTRIBUTION
As used in this AGREEMENT the term distribute (and its variants) includes making the SOFTWARE PRODUCT available (either intentionally or unintentionally) to third parties for copying or use including providing timeshare access Each time you distribute the SOFTWARE PRODUCT the recipient must expressly agree to comply with these terms and conditions The recipient automatically receives this license to use copy or distribute the SOFTWARE PRODUCT subject to these terms and conditions You may not impose any further restrictions on the recipients' exercise of the rights granted herein You are not responsible for enforcing compliance with this AGREEMENT by recipients
COPYRIGHT
Title ownership rights and intellectual property rights in and to the SOFTWARE PRODUCT and each copy thereof (including all copyrights therein) are owned by skwas or its suppliers All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties This AGREEMENT grants you no rights to use such content The SOFTWARE PRODUCT is protected by the copyright laws of the Netherlands and international copyright treaties
NO SKWAS OBLIGATION
You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the SOFTWARE PRODUCT and skwas shall have no liability obligation or responsibility therefor skwas shall have no obligation to provide maintenance support upgrades or new releases to you or to any distributee of the SOFTWARE PRODUCT
NO WARRANTY
THE SOFTWARE IS LICENSED FREE OF CHARGE AND THERE IS NO WARRANTY FOR THE SOFTWARE SKWAS PROVIDES THE SOFTWARE AS IS AND SKWAS ITS DISTRIBUTORS AND SUPPLIERS AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION PRODUCTION OR DELIVERY OF THE SOFTWARE DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS IMPLIED STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE THE ENTIRE RISK AS TO THE RESULTS QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES SHOULD THE SOFTWARE PROVE DEFECTIVE YOU AND YOUR DISTRIBUTEES (AND NOT SKWAS) ASSUME THE COST OF ALL NECESSARY SERVICING REPAIR OR CORRECTION SKWAS MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY TORT CONTRACT OR OTHERWISE SHALL SKWAS ITS DISTRIBUTORS AND SUPPLIERS OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL DIRECT INDIRECT SPECIAL INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO PERSONAL INJURY LOSS OF PROFITS LOSS OF DATA OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS DAMAGES FOR LOSS OF GOODWILL BUSINESS INTERRUPTION COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE EVEN IF SKWAS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES
INDEMNIFICATION
You and your distributees shall defend indemnify and hold harmless skwas its distributors and suppliers and all other persons who have been involved in the creation production or delivery of the SOFTWARE PRODUCT from any claim demand liability damage award suit judgment or other legal action (including reasonable attorney's fees) arising out of your use distribution modification or duplication of the SOFTWARE PRODUCT
TERMINATION
The license granted hereunder is effective until terminated by skwas You may terminate it at any time by destroying the SOFTWARE PRODUCT This license will terminate automatically if you fail to comply with the limitations described above On termination you must destroy all copies of the SOFTWARE PRODUCT The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the SOFTWARE PRODUCT through you so long as they are in compliance with the provisions of this AGREEMENT
EXPORT CONTROLS
None of the SOFTWARE PRODUCT or underlying information or technology may be downloaded or otherwise exported or reexported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the Netherlands relating to the control of exports of commodities and technical data By downloading or using the SOFTWARE PRODUCT you are agreeing to the foregoing and you are representing and warranting that you are not located in under the control of or a national or resident of any such country
MISCELLANEOUS
This AGREEMENT represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them It may not be amended If any provision of this AGREEMENT is held to be unenforceable for any reason this AGREEMENT shall terminate This AGREEMENT shall be governed by and construed under the laws of the Netherlands
Copyright and Trademark Notices
The SOFTWARE PRODUCT is copyright skwas 20072009 All rights reserved The documentation and all computer files are also copyright skwas 20072009 All rights reserved These rights include but are not limited to any foreign language translations of the manual or the software and all derivative works of both The trademark S3D Silent 3ditor is the property of skwas All other trademarks are the property of their respective owners
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