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RoboForge,
Personal,
Non-Commercial Use End User License
This license covers Personal, Non-Commercial Use of the RoboForge
software product including the software, software-services, source
code, RoboForge Tournaments, graphics, artwork and documentation (all
of which are referred to herein as the "Software"). This software
license is an agreement between the individual or entity licensing the
product ("You") and Liquid Edge Games Limited (the "Licensor") for
personal use only. For commercial licensing please contact the
Licensor, initially by email at info@roboforge.com
BY CHECKING THE "I ACCEPT" BUTTON OR BY INSTALLING OR USING THE
SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE BUTTON INDICATING "I DO NOT ACCEPT" MUST BE SELECTED,
AND YOU MUST NOT INSTALL OR USE THE SOFTWARE.
Personal, Non-Commercial Use License.
The Software is licensed to You for your non-commercial use.
The Software may not be used for direct or indirect commercial purposes
without first obtaining a Commercial Use License which may be obtained
by contacting the Licensor.
Restrictions on Use
The Licensor grants you the non-exclusive, non-transferable right to
use the Software as a tool for the development of non-commercial
applications only. You may not redistribute the Software i) in whole,
unless under the terms of this License, and ii) in part, unless in
compliance with section 'Derivative Works'.
You may not rent, lease, lend, or in any way distribute or transfer any
rights in this Agreement or the Software to third parties without the
Licensor's written approval.
Prohibited uses include, without limitation, using the Software as a
tool to create commercial applications, systems or services. These
include, but are not limited to receiving compensation from others for
copies or modified copies of the Software; receiving compensation for
any service that uses the Software, including support services; using
the Software in any manner for paid for consultancy or educational
training. Using the Software in any manner that involves fees or gain.
Any merchandising activity related in any way to the Software of other
intellectual property of the Licensor.
Modifications and Extensions
The Licensor grants You the right to modify or extend the Software for
your own non-commercial use. You may not resell the modified or
derivative copies of the Software; you may not use such copies for
other than non-commercial purposes; and you may not use such copies in
a way that violates the terms of this Agreement. You must obtain a
commercial license in order to extend the Software with a component or
service that does not comply with these licensing restrictions.
Derivative Works
The source-code of the Software may be used in other software is
provided that the derivative software is substantially original,
Derivative Software may not be used for direct, or indirect, commercial
purposes without first obtaining a Commercial Use License from the
Licensor that covers your intended use.
All Derivative works including code derived from or including the
original source code of the software remains the property of the
Licensor and must be delivered to the Licensor in a non-obfuscated
format as specified by the Licensor promptly upon demand. It is the
responsibility of the Licensee to inform the Licensor in a timely
manner of the creation of any derivative works.
You agree that all intellectual property rights in the Software and in
the derivative works including, but not limited to, copyright, trade
secrets, patents, registered designs, utility models and trademarks,
becomes and remains the property of the Licensor upon creation.
The creators of any derivative works retain the moral right to be
identified as the creators of the derivative works.
No portion of the software or derivative works may be transferred to
any party who is not a Licensee of the software.
No Warranties
THIS SOFTWARE IS PROVIDED BY THE LICENSOR "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON- INFRINGEMENT ARE DISCLAIMED.
Limitation of Liability
IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Governing Law and Jurisdiction
This agreement shall be governed by New Zealand law. The courts of New
Zealand shall have exclusive jurisdiction to settle any dispute in
connection with this License.
Local laws
You agree to abide by any local laws restricting your use of this
Software. You are responsible for any consequences of your use of this
software.
Indemnification
You agree to indemnify and hold Liquid Edge Games Limited, parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable legal fees, made by any third
party due to or arising out of your use of the Software, or the
infringement by you, of any intellectual property or other right of any
person or entity. You agree to act in utmost good faith toward the
licensor.
Failure to Comply
Failure to comply with any of the terms of this license will terminate
your rights under this license. If you do not comply with this license
you are not permitted to use the Software in any form.
Versions
This license applies to this version of the Software only. No provision
is granted to any future version of the Software. The Licensor reserves
the right to choose and/or modify the license for any future versions.
Trademark and Intellectual Property
You are not permitted to use the name RoboForge or imply endorsement by
Liquid Edge Games Limited in any manner without written permission from
Liquid Edge Games Limited. RoboForge is a registered trademark of
Liquid Edge Games Limited. Nothing in this agreement shall constitute a
license to use, rent, lease, sell, transfer or grant any other right to
any intellectual property associated with the Software for any
commercial gain by You. This includes but shall not be limited to any
merchandising activity.
Entire agreement
This license contains the entire agreement and understanding of the
parties. Nothing else but this license grants you rights to use, modify
or extend the Software, or create derivative works incorporating
portions of the Software. Nothing in this agreement constitutes a
transfer of ownership of the Software or other intellectual property
associated with it to You.
Termination
This agreement may be terminated upon public notice by Liquid \Edge
games Limited.
END OF TERMS
If you find you are unable to comply with this license you may obtain a
commercial license by contacting Liquid Edge Games Limited by email at info@roboforge.com
Copyright (C) 2006, Liquid Edge Games Limited. All rights reserved.
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