End User License Agreement for BI's Tools: Difference between revisions

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[[Category:BI Wiki Policies]]
[[Category:BI Wiki Policies]]
===BI's Tools End User License===


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 SOFTWARE IS PROVIDED TO YOU BY BOHEMIA INTERACTIVE FREE OF
CHARGE FOR YOUR PERSONAL USE AND TO CREATE NON-COMMERCIAL
GAME CONTENT FOR BOHEMIA INTERACTIVE'S PRODUCTS. ANY
COMMERCIAL USE IS PROHIBITED WITHOUT PERMISSION


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
IMPORTANT, READ CAREFULLY: YOU SHOULD CAREFULLY READ THE
FOLLOWING END-USER LICENSE AGREEMENT BEFORE INSTALLING THIS
SOFTWARE PROGRAM.


GRANT OF LICENSE
This computer software program, any printed materials, any on-line or
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.
electronic documentation, and any and all copies and derivative works of such
B) You acknowledge and agree that BI is not obligated to provide technical or other support of any kind for the Software.
software program and materials (the “Program”) are the copyrighted work. All
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.
use of the Program is governed by the copyright law and by the terms of the
End-User License Agreement, which is provided below (“License”). By using the
Program you agree to be legally bound by the terms of this license agreement.
Any use, reproduction or redistribution of the Program not in accordance with
the terms of the License is expressly prohibited. If you do not agree to the terms
of this Agreement, do not install or use the Program.


COPYRIGHT/PROPRIETARY RIGHTS
1. Ownership: All title, ownership rights and intellectual property rights in and
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.
to the Program and any and all copies thereof (including but not limited to any
titles, computer code, themes, objects, methods of operation, any related documentation,  
and addons incorporated into the Program) are owned by Bohemia Interactive a.s. (the
Licensor) or its licensors. The Program is protected by the Czech copyright laws,
international copyright treaties and conventions and any other applicable laws.
All rights are reserved.


RESTRICTIONS
2. Limited Use of License: the Licensor hereby grants, and by installing the
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.  
Program you thereby accept, a restricted, non-exclusive license and right to
install and use one (1) copy of the Program for your personal use. You may not
network the Program or otherwise install it or use it on more than one
computer at a time, except if expressly authorized otherwise in the applicable
documentation. The licensor also specifically prohibits the use of
the Software for other purpose than designing, developing, testing, and producing
non-commercial game content for computer games developed by the Licensor only.


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.
The Program is licensed and your license confers no title or
ownership in the Program.


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.
3. End User's Obligations:
A. As a Subject to the Grant of License herein above, you may not, in whole or in
part, copy, duplicate, reproduce, translate, reverse-engineer,modify, disassemble,
decompile, derive source code, create derivative works based on the Program,
remove any proprietary notices or labels from the Program or otherwise modify
the Program without the prior written consent of the Licensor.
B. You are entitled to use the Program for your own use, but you are not
entitled to:
(i) Sell or transfer reproductions of the Program to other parties in any way,
nor to rent, lease or license the Program to others
(ii) Publish and/or distribute the computer Program or any of its parts
(iii) Exploit the Program or any of its parts for any commercial purpose
including, but not limited to, use at a cybercafé, computer gaming
center, computer aided training center or any other location-based site
where multiple users may access the Program;
(iv) Commercially exploit or allow a 3rd party commercially exploit game content
you created using the Software, including but not limited
to use by military organizations for computer aided training
or commercially released game content;
 
4. No Support:
You acknowledge and agree that BI is providing you the Software free of charge
in order to allow you creation of non-commercial content for BI's gaming products
only and you agree to not commercially exploit any game content you may create
using the Software without BI’s prior written permission.
 
5. License Transfer:
You may permanently transfer all of your rights under this
License to the recipient, provided that the recipient agrees to the terms of this
License and you remove the Program from your computer.
 
6.Termination:
This License is effective until terminated.You may terminate the
License at any time by destroying the Program and any New Material.The
Licensor may, at its discretion, terminate this License in the event that you fail to
comply with the terms and conditions contained herein. In such event, you
must immediately destroy the Program and any New Material.
 
7. Limited Warranty:
THE LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY
FOR THE PROGRAM.THE PROGRAM IS PROVIDED “AS IS”WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT
LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The entire risk arising out of use or performance of the Program remains with
you.
 
8. Limitation of Liability:
NEITHER THE LICENSOR, ITS PARENT, SUBSIDIARIES,
AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE
OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, INCLUDING BUT
NOT LIMITED TO LOSS OF GOODWILL,WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGE OR LOSSES.
 
9.Miscellaneous:
The License shall be deemed to have been made and
executed in the Czech Republic, and any dispute arising hereunder shall be
resolved in accordance with the Czech law.You hereby acknowledge that you
have read and understand the foregoing License and agree that the action of
installing the Program is an acknowledgment of your agreement to be bound
by the terms and conditions of the License contained herein.You also
acknowledge and agree that this License is the complete and exclusive
statement of the agreement between the Licensor and you.
 
Copyright © 2008 Bohemia Interactive. All rights reserved.

Revision as of 16:10, 21 May 2008

BI's Tools End User License

THIS SOFTWARE IS PROVIDED TO YOU BY BOHEMIA INTERACTIVE FREE OF CHARGE FOR YOUR PERSONAL USE AND TO CREATE NON-COMMERCIAL GAME CONTENT FOR BOHEMIA INTERACTIVE'S PRODUCTS. ANY COMMERCIAL USE IS PROHIBITED WITHOUT PERMISSION

IMPORTANT, READ CAREFULLY: YOU SHOULD CAREFULLY READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM.

This computer software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the “Program”) are the copyrighted work. All use of the Program is governed by the copyright law and by the terms of the End-User License Agreement, which is provided below (“License”). By using the Program you agree to be legally bound by the terms of this license agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License is expressly prohibited. If you do not agree to the terms of this Agreement, do not install or use the Program.

1. Ownership: All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, methods of operation, any related documentation, and addons incorporated into the Program) are owned by Bohemia Interactive a.s. (the Licensor) or its licensors. The Program is protected by the Czech copyright laws, international copyright treaties and conventions and any other applicable laws. All rights are reserved.

2. Limited Use of License: the Licensor hereby grants, and by installing the Program you thereby accept, a restricted, non-exclusive license and right to install and use one (1) copy of the Program for your personal use. You may not network the Program or otherwise install it or use it on more than one computer at a time, except if expressly authorized otherwise in the applicable documentation. The licensor also specifically prohibits the use of the Software for other purpose than designing, developing, testing, and producing non-commercial game content for computer games developed by the Licensor only.

The Program is licensed and your license confers no title or ownership in the Program.

3. End User's Obligations: A. As a Subject to the Grant of License herein above, you may not, in whole or in part, copy, duplicate, reproduce, translate, reverse-engineer,modify, disassemble, decompile, derive source code, create derivative works based on the Program, remove any proprietary notices or labels from the Program or otherwise modify the Program without the prior written consent of the Licensor. B. You are entitled to use the Program for your own use, but you are not entitled to: (i) Sell or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others (ii) Publish and/or distribute the computer Program or any of its parts (iii) Exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cybercafé, computer gaming center, computer aided training center or any other location-based site where multiple users may access the Program; (iv) Commercially exploit or allow a 3rd party commercially exploit game content you created using the Software, including but not limited to use by military organizations for computer aided training or commercially released game content;

4. No Support: You acknowledge and agree that BI is providing you the Software free of charge in order to allow you creation of non-commercial content for BI's gaming products only and you agree to not commercially exploit any game content you may create using the Software without BI’s prior written permission.

5. License Transfer: You may permanently transfer all of your rights under this License to the recipient, provided that the recipient agrees to the terms of this License and you remove the Program from your computer.

6.Termination: This License is effective until terminated.You may terminate the License at any time by destroying the Program and any New Material.The Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Material.

7. Limited Warranty: THE LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM.THE PROGRAM IS PROVIDED “AS IS”WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The entire risk arising out of use or performance of the Program remains with you.

8. Limitation of Liability: NEITHER THE LICENSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL,WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGE OR LOSSES.

9.Miscellaneous: The License shall be deemed to have been made and executed in the Czech Republic, and any dispute arising hereunder shall be resolved in accordance with the Czech law.You hereby acknowledge that you have read and understand the foregoing License and agree that the action of installing the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License contained herein.You also acknowledge and agree that this License is the complete and exclusive statement of the agreement between the Licensor and you.

Copyright © 2008 Bohemia Interactive. All rights reserved.

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