Tree Magik
END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The Game Creators Ltd ("TGC") for the TGC product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- Use. You may install and use copies of the SOFTWARE PRODUCT on your computers (computers include workstations, terminals or other digital electronic devices), which are running validly licensed copies of Microsoft Windows 98, , Windows ME and Windows XP operating systems.
- Distribution. You may reproduce and distribute standalone executable files created with the SOFTWARE PRODUCT, provided that;
(i) any media provided with the SOFTWARE PRODUCT that you use is incorporated into a single executable file (media can be models, bitmaps, sounds, music or animation);
(ii) you do not reverse engineer the standalone executable or associated media files;
(iii) you do not translate or convert any models provided with the SOFTWARE PRODUCT out of the Microsoft DirectX format;
(iv) you do not redistribute as separate files any media provided with the SOFTWARE PRODUCT;
(v) you agree to indemnify, hold harmless, and defend TGC from and against any claims or lawsuits, including solicitors' fees, that arise or result from the use or distribution of standalone executable files created with the SOFTWARE PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Support Services. TGC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to TGC as part of the Support Services, TGC may use such information for its business purposes, including product support and development.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
- Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades), and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TGC.
4. TERMINATION.
Without prejudice to any other rights, TGC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
5. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by TGC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials that may accompany the SOFTWARE PRODUCT.
MISCELLANEOUS
This EULA shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.
LIMITED WARRANTY
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TGC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR £5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Quote: "(iv) you do not redistribute as separate files any media provided with the SOFTWARE PRODUCT"
but if you create your own models and texture then you can distrobute/sell using this software, as the terms/agreement is for the contents provided.
Spuds
I'am not GOD but i can make you see again by taking my fingers out of your eyes and i can make you walk again by taking your beer away, but if you take my beer you will not walk again
