Modder's Workshop End User License Agreement
END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE!
Thanks for licensing our software. We really don’t want to cramp your style, or interfere with your mojo, but our lawyers tell us that if we want to keep control and ownership of the cool stuff we’re developing, we have to make sure you understand and agree that you are just getting a right to use it and that that right is limited in certain ways. So here’s what you need to know and agree to:
1 License. The Moviestorm Modders’ Workshop (Software) and the related documentation is licensed for your use, subject to terms and limitations in this license agreement. Moviestorm reserves the right to refuse or revoke the Software license at any time, and in consequence, disable any content created with such license. Sounds harsh, but it’s a legal requirement – and we won’t do it unless you do something really, really bad, like violating somebody else’s copyright.
2 Commercial Exploitation. You may use this Software, or any content created with it, or use the tools provided with this Software for commercial purpose as specified, and by using this software, you agree that Moviestorm has the right to promote and distribute your content:
2.1 Generation & Distribution of new assets: The Software provides you with the ability to create new assets for the Moviestorm software – in creating and using any new asset, you are solely responsible for ensuring and warranting that you have not violated anyone else’s copyright or intellectual property. You will be solely responsible for the mechanical integrity of the items that you create.
2.2 Should Moviestorm receive any complaints about the copyright infringement, quality or integrity of the new assets, we reserve the right to remove the assets from our system.
2.3 Modification & Re-distribution of Moviestorm’s assets: You may only modify and distribute existing Moviestorm assets with express written permission from Moviestorm Ltd.
2.4 Modification & Re-distribution of 3rd party assets: You may only modify and distribute 3rd-Party assets with express written permission from the originator of the asset, and providing permission to Moviestorm Ltd prior to distribution. We don’t recommend that our users modify or copy 3rd party assets without prior permission. Doing this often creates a world of hurt.
2.5 Distribution on Moviestorm Marketplace: Moviestorm provides an official outlet for new and modified assets created by our users. We thoroughly recommend this, as we will also offer ways to protect your assets from unauthorized distribution or exploitation.
2.6 Distribution outside of Moviestorm Marketplace: You will remain subject to the associated terms of this agreement, even if you choose to distribute your assets outside of the Moviestorm Marketplace. Moviestorm reserves the right to disable any unauthorised content or assets, even if the items have been distributed outside of the Moviestorm Marketplace.
3 Use Restrictions. We want you to enjoy our products, and we want to be able to continue to release good stuff, so you need to be aware that there are some things you cannot do with the Software.
3.1 The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, prepare derivative works based on the Software, or disassemble the Software. You may not rent, sell, lease, barter, or sublicense the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software.
3.2 You will not utilize and will not authorize anyone to utilize the Software in violation of any applicable law.
4 Termination. This license is effective until one of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. In the unlikely event that you are naughty and fail to comply with any provision of this license, this license will terminate immediately without notice from us. Upon termination, you must destroy the Software and related documentation. Please don’t wait for us to come after you; it would not be pleasant for either of us. If we do have to come after you, we’re going to expect you to pay us for our troubles, including the cost of our lawyers.
5 Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded at your sole risk.
6 The Software, related documentation and the media are provided “AS IS”. MOVIESTORM LTD. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, S0 THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL MOVIESTORM LTD OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Software.
8 Controlling Law and Severability. This license is governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland (UK). The exclusive venue for all litigation shall be in the United Kingdom. If any provision of this license is unenforceable, we will cross it out and the rest of it shall remain in effect.
9 Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation. However, Moviestorm reserves the right to modify the terms of this license from time to time and will post notice of material changes within www.moviestorm.co.uk.
10 Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by Moviestorm or Moviestorm’s licensors and are protected by United Kingdom copyright laws, international treaty provisions, and other applicable law.
11 Enjoyment Requirements. We are aware that there are rumblings and grumblings within the software community about heavy handed, legally onerous license agreements. You have our word that this one is as fair and even handed as we can make it, and, as you have read this far, you know it to be true. Now, go and enjoy the Software!
12 EULA Modifications. You agree that Moviestorm reserves the right, from time to time, to modify the terms of this license agreement and that you will abide by the updated terms as posted at http://www.moviestorm.co.uk. You also agree to remain up-to-date and in compliance with the most current license terms.