End User License Agreement for BI's Tools
IMPORTANT - READ CAREFULLY: THE ACCOMPANYING PROGRAM(WHICH INCLUDES COMPUTER SOFTWARE PROGRAM, THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE BOHEMIA INTERACTIVE STUDIO S.R.O. ("BI STUDIO"). BY OPENING THIS PACKAGE, AND/OR INSTALLING OR OTHERWISE USING THE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH BI STUDIO. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PROGRAM.
This legal document is an agreement between you, the end user, and BI Studio, for BI Studio's terrain editing tools, which includes computer software and associated media, electronic documentation, and any upgrades, modified versions, or updates of the software licensed to you by BI (Bohemia Interactive), (collectively "Software"). BI is willing to license the software to you only upon the condition that you accept all of the terms contained in this agreement
GRANT OF LICENSE A) BI grants to you a personal, nonexclusive license to make and use the Software for the purpose of designing, developing, testing, and producing non-commercial game content for PC CD-ROM game Operation Flashpoint provided that you are the only individual using said Software and provided that you do not modify or alter the Software. You may also make personal copies (either in hard copy or electronic form) of any electronic documents included with the Software only for your personal use. B) You acknowledge and agree that BI is not obligated to provide technical or other support of any kind for the Software. C) You acknowledge and agree that BI is providing you the Software free of charge in order to allow you creation of non-commercial game content for Operation Flashpoint only and you agree to not commercially exploit any game content you may create using the Software without BI’s prior written permission.
COPYRIGHT/PROPRIETARY RIGHTS You agree that BI and/or its licensors own all right, title and interest in the Software and in all patents, trademarks, trade names, inventions, copyrights, know how and trade secrets relating to the design, manufacture, operation or service of the Software. All rights not expressly granted herein are hereby reserved by BI Studio. Unauthorized copying or use of the Software, or failure to comply with the restrictions provided in this Agreement, will result in automatic termination of this Agreement. Nothing in this Agreement shall change BI’s or any of its licensors’ ownership rights to their respective intellectual property, including but not limited to the Software.
RESTRICTIONS You agree not to rent, lease, modify, adapt, translate, reverse engineer, decompile, or disassemble the Software or otherwise attempt to discover the source code of the Software.
THE SOFTWARE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. BI STUDIO OR ITS SUPPLIERS OWN THE TITLE, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE. COPYING THE SOFTWARE EXCEPT AS PERMITTED BY THIS AGREEMENT IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THE SOFTWARE IN VIOLATION OF THIS AGREEMENT THEN YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO BI STUDIO FOR DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES. REPRESENTATIONS AND WARRANTIESBI STUDIO DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BI SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE.IN NO EVENT WILL BI STUDIO BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT BI STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.