1. OWNERSHIP, LICENSE GRANT
Subject to the terms below (the 'License Agreement'), Dominic Szablewski Anwendungsentwicklung ('We', 'Us') grants you to install and use the Impact Game Engine (the 'Software').
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.
Subject to the terms and conditions of this License Agreement, We grant to You a non-transferable, non-exclusive license for a Designated User (as defined below) within Your organization to install and use the Software on any workstations used exclusively by such Designated User and for You to distribute the Software as part of your applications or games, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sublicensable except as explicitly set forth herein. "Designated User(s)" shall mean Your employee(s) acting within the scope of their employment or Your consultant(s) or contractor(s) acting within the scope of the services they provide for You or on Your behalf.
2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
We provide You with source code so that You can create Modifications of the original Software, where Modification means: a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or b) any new file that contains any part of the original Software or previous Modifications. While You retain all rights to any original work authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Software.
You may distribute the Software in any applications, frameworks, or elements (collectively referred to as "Applications") that you develop using the Software in accordance with this License Agreement, provided that such distribution does not violate the restrictions set forth in section 4 of this agreement.
You will not owe Us any royalties for Your distribution of the Software in accordance with this License Agreement.
4. PROHIBITED USES
You may not redistribute the Software or Modifications other than by including the Software or a portion thereof within Your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes. You are explicitly not allowed to redistribute the Software or Modifications as part of any product that can be described as a development toolkit or library or is intended for use by software developers or application developers and not end-users.
This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software. For the avoidance of doubt, failure to pay invoices, sharing of license keys between users, and/or reselling of activated license keys will result in termination of this agreement.
6. DISCLAIMER OF WARRANTY
YOU AGREE THAT WE HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
7. LIMITATION OF LIABILITY
YOU USE THIS PROGRAM SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
You are entitled to receive minor version updates to the Software (i.e. versions identified as follows (X.Y, X.Y+1). You are not entitled to receive major version updates (i.e. X.Y, X+1.Y). Major version updates to the Software are available separately for purchase.
The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase of that version of the Software. You agree that you will comply with all applicable laws and regulations with respect to the Software, including without limitation all export and re-export control laws and regulations.