END USER LICENSE AGREEMENT
Thank you for selecting P.U.R.E., which includes the archive labeled P.U.R.E._CONTENT (followed by a revision, such as ?_RC7.sdd?) and an archive labeled Music, (hereafter both are referred to as "the Content", "content").
This license agreement (Agreement) is a legal agreement between you ("you", "licensee"), and Wolfe Games ("Developer", "we", "our" or "us") that describes the terms and conditions applicable to your use of the Content.
By using the Content, you indicate that you have read and understood and assent to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Content, and you will not be able to access or use the Content.
2. LICENSE GRANT AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, including the payment of the applicable fees, the Developer grants you a personal, limited, non-exclusive, non-transferable license, to use the Content for which the applicable fee has been paid by you.
The term "Content" includes any bitmaps, sounds, 3D meshes and any updates (for example, maintenance etc.) of the Content that Developer provides or makes available to you that are not subject to another License.
You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following:
(i) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the Content, except under the terms of this EULA;
(ii) permit any third party to benefit from the use or functionality of the Content via a rental, lease, timesharing, service bureau, or other arrangement;
(iii) transfer any of the rights granted to you under this Agreement;
(iv) work around any technical limitations in the Content, use any tool to enable features or functionality that is otherwise disabled in the Content, or decompile, disassemble, or otherwise reverse engineer the Content except as otherwise permitted by applicable law;
(v) perform or attempt to perform any actions that would interfere with the proper working of the Content, prevent access to or the use of the Content by Developer?s other licensees or customers, or impose an unreasonable or disproportionately large load on Developer?s infrastructure;
(vi) otherwise use the Content except as expressly allowed.
(vii)The musical works contained in the Content (identified by the file extension .OGG) are specifically excluded from this EULA and are subject to the copyrights and other rights of the original Authors, unless otherwise noted.
(viii)The Content may only be distributed, uploaded, or republished with the other Works contained within the P.U.R.E. installation.
(ix)This P.U.R.E. installation is not one Work. It is many Works, with many different EULAs. This Agreement does not constitute agreement to any other EULAs. The Program that uses the Content includes many programs and other materials which may have another license, such as the Gnu Public License, granting you different rights to those programs or materials. Any portions of the P.U.R.E. installation which are Licensed separately, such as the World Builder application, may be used in accordance with their respective Licenses.
If the licenses of those programs or materials allows you to redistribute, upload, or republish those programs or materials separately, you may do so without violating this EULA. However, you may not distribute, upload or republish this Content n any format that modifies any part of the P.U.R.E. installation as designed by the Developer. This EULA does not alter he terms of any other licenses within the P.U.R.E. installation, and should not be construed to limit or otherwise constrain your rights as defined by the other licenses, which cover specific portions of the installation.
(x)You may not use this Content, if you have not agreed to the terms of this EULA.
3. RESERVATION OF RIGHTS AND OWNERSHIP. The Content is licensed not sold, and Developer reserves all rights not expressly granted to you in this Agreement. The Content is protected by copyright, trade secret and other intellectual property laws. Developer and its licensors own the title, copyright, and other worldwide intellectual property rights in the Content and all copies of the Content. This Agreement does not grant you any rights to trademarks or service marks of Developer.
4. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CONTENT IS PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DEVELOPER DOES NOT WARRANT THAT THE CONTENT IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE CONTENT WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE CONTENT, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
5. LIMITATION OF LIABILITY AND DAMAGES. THE ENTIRE CUMULATIVE LIABILITY OF DEVELOPER, ITS SUPPLIERS, AND SERVICES PROVIDERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE CONTENT, UNLESS OTHERWISE SEPARATELY AGREED BY DEVELOPER IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE CONTENT WITH HARDWARE OR OTHER CONTENT THAT DOES NOT MEET DEVELOPER?S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER, ITS SUPPLIERS, SERVICE PROVIDERS, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. AMENDMENT. Developer shall have the right, to change or add to the terms of its Agreement at any time, (provided that it is not Developer?s intent that such change substantially affect the license rights granted to Licensee in Section 1 and for which consideration was paid by you, if applicable) and to change, delete, discontinue, or impose conditions on any feature or aspect upon notice by any means Developer determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in this Content or on any Developer sponsored web site. Any use of the Content by you after Developer's publication of any such changes shall constitute your acceptance of this Agreement as modified.
7. TERMINATION. Your rights under this Agreement may be terminated or suspended by Developer immediately and without notice if you or any of your authorized users fail to comply with any term or condition of this Agreement. Upon termination you must immediately cease using the Content. Any termination of this Agreement shall not affect Developer's rights hereunder.
8. MISCELLANEOUS. Except as expressly set forth in this Agreement, this Agreement is a complete statement of the agreement between you and Developer and sets forth the entire liability of Developer, its Suppliers, and service providers, and your exclusive remedy with respect to the Content, and its use. The Suppliers, agents, employees, distributors, and dealers of Developer are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Developer. Any waiver of the terms herein by Developer must be in a writing signed by an authorized officer of Developer and expressly referencing the applicable provisions of this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Indiana law as applied to agreements entered into and to be performed entirely within Indiana, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to". This Agreement does not limit any rights that Developer may have under trade secret, copyright, patent or other applicable law.