End user agreement for Battles of Norghan
LICENSE AGREEMENT Battles of Norghan(trademark) SOFTWARE THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER ("You or Licensee") AND TERO MIETTUNEN ("Licensor"). DOWNLOADING AND/OR INSTALLING Battles of Norghan SOFTWARE TRIAL COPY MEANS YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU MAY NOT DOWNLOAD AND/OR INSTALL THE SOFTWARE. 1. DEFINITIONS. As used in this Agreement, capitalized terms will have the meanings set forth below: (a) "Trial User" means any person authorized by the Licensor to access and use the Software with its Trial Version subject to the terms and conditions of this Agreement. (b) "Software" means the computer game software "Battles of Norghan™" that is owned or licensed by the Licensor (including but not limited to software, data, manuals, guidelines and comments.). (c) "Trial Version" means the free of charge, restricted content version of the Software for use on trial basis subject to the terms and conditions of this Agreement. 2. TRIAL LICENSE 2.1 The Licensor grants to You a personal, non-exclusive, non-transferable Trial License to use a Trial Version of the Software and the accompanying documentation, if any, in accordance with the terms set forth in this License Agreement, solely for the purpose of evaluating the same. Delivery of the Software to You does not grant to You any rights to use the Software for any purpose except evaluation. The Software is owned by the Licensor or its licensors and protected by copyright and trademark laws. Therefore, You must treat the Software like any other copyrighted material except that: 2.2 You may: (a) make copies of the Trial Version of the Software to be used by any employees of the company that you are working for or in other computers that you own for reviewing purposes only. 2.3 You may not: (a) modify, make changes to, translate, reverse engineer, reproduce, decompile, disassemble, create derivative works based on, copy or merge the Software into another program/software or do the same to accompanying documentation in whole or in part; (b) commercially or non-commercially exploit, distribute, rent, lease, give or transfer the Software or any rights in the Software or accompanying documentation in any form to any person or entity without the prior written consent of the Licensor which, if given, is subject to the transferee's consent to the terms and conditions of this License Agreement; or (c) remove any proprietary notices, labels, or marks on the Software, documentation, related materials or containers. 2.4 Testing and Evaluation. You are responsible for providing all computer and other equipment and facilities necessary or desirable for evaluation and testing of the Software. This License is for a Trial Copy only and the Licensor makes no representations concerning the completeness, accuracy or operation of the Software. AS A TRIAL COPY, THE FUNCTIONALITY OR USE OF THE SOFTWARE IS OR MAY BE RESTRICTED. The Licensor assumes no liability that may arise out of the use, inability to use, or possession of the Software. It is understood that the Licensor will not be obligated to fix reported errors, provide ongoing support or consultation, or to make the Software available as a standard or full use product. 3. COPYRIGHT AND TRADEMARK 3.1 The Software (and all materials related to it) is owned by the Licensor and/or others and is proprietary in nature. The Software is protected by copyright law in Finland and other countries as well as by international treaty provisions. 3.2 Unless otherwise provided in Section 2, you may not: (a) modify, make changes to, translate, reverse engineer, reproduce, decompile, disassemble, create derivative works based on, copy or merge the Software into another program/software or do the same to accompanying documentation in whole or in part; (b) commercially or non-commercially exploit, distribute, rent, lease, give or transfer the Software or any rights in the Software or accompanying documentation in any form to any person or entity without the prior written consent of the Licensor which, if given, is subject to the transferee's consent to the terms and conditions of this License Agreement; or (c) remove any proprietary notices, labels, or marks on the Software, documentation, related materials or containers. 3.3 You may not copy, lease, give or transfer, distribute, modify, make changes to, translate or otherwise commercially or non-commercially exploit any of the materials (in printed, in electronical or in other form) accompanying the Software. 3.4 Battles of Norghan™, Mitorah™, Mitorah Games™ and Norghan™ are trademarks owned by the Licensor. The Software and related materials may also contain other trademarks owned by the Licensor or others. All trademarks are protected by trademark laws in Finland and other countries as well as by international treaty provisions. 3.5 You may not copy, use, lease, give or transfer, distribute, modify, make changes to, translate or otherwise commercially or non-commercially exploit any logos, service marks, trademarks or any of the materials (in printed, in electronical or in other form) containing the aforesaid. 3.6 All rights, title, interest, trademarks and all other marks and all copyrights to the Software, and any other documentation and/or materials relating to it, and any copy made by You remain with the Licensor. Unauthorized copying or any other unauthorized use of the Software, any trademarks or any other documentation relating to the Software, or failure to comply with the restrictions in this License Agreement, will result in automatic termination of the Licenses and will make available to the Licensor any and all legal remedies. 4. TERM OF LICENSE 4.1 The Trial License will be effective from Your downloading and/or installing of the Software and shall remain in force until (a) You discontinue use of the Software and destroy all the Software files from Your computer or computers which the Software has been installed to; or (b) the Licensor otherwise terminates this License Agreement or as provided herein, whichever is earlier. 4.3 The Trial License shall also terminate if You fail to abide to the terms of this License Agreement. Upon termination You agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under Your control. 4.4 Surviving Terms. Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of this License Agreement shall also be deemed to survive. Such terms and conditions include but are not limited to Section 1 Definitions, Section 3 Copyright and Trademark, Section 5 Limitation of Liability, Section 6 Disclaimer of warranty on Software, Section 7 Governing law and severability. 5. LIMITATION OF LIABILITY 5.1 The Licensor's sole, exclusive and maximum liability for any claim by You or anyone claiming through or on behalf of You arising out of Your order, Your use of the Software, or the warranty for any damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise), shall not in any event exceed the actual amount paid by You for the Software. 5.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL THE LICENSOR, OR ITS PARTNERS BE LIABLE TO YOU FOR ANY DAMAGES. 6. DISCLAIMER OF WARRANTY ON SOFTWARE 6.1 THE SOFTWARE AND ALL RELATED DOCUMENTATION AND/OR MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 6.2 THE LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND WRITTEN MATERIALS IS ASSUMED BY YOU. 6.3 THERE IS NO GUARANTEE THAT THE FUNCTIONS CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL WORK CORRECTLY IN YOUR MULTI-USER OR NETWORK ENVIRONMENT. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT THE LICENSOR OR ITS PARTNERS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LIMITED WARRANTY SET FORTH HEREIN MAY NOT BE EXTENDED, ENLARGED OR OTHERWISE MODIFIED BY ANYONE. 7. GOVERNING LAW AND SEVERABILITY 7.1 This License Agreement shall be governed by and construed in accordance with the laws of Finland. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision of the License Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. 8. ENTIRE AGREEMENT This License Agreement constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License Agreement will be binding unless in writing and signed by a duly authorized representative of the Licensor. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.