adventures-of-kuroneko/LICENSE.TXT

Impact Commercial Software License Agreement 


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.


3. DISTRIBUTION

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.


5. TERMINATION

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.


8. UPDATES

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.


9. MISCELLANEOUS

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.