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