END-USER LICENSE AGREEMENT FOR THE DYMIX ENGINE (SINGLE APPLICATION)
This DYMIX End-User License Agreement ("EULA") is a legal agreement between either an individual or a company ("You") and Ondrej Mocny ("Hardwire", "Licensor", "We" or "Our(s)") for the DYMIX engine, including all files whether in bytecode or source code format and data that will be delivered as part thereof such as coding, documentation, graphics and example files ("DYMIX LICENSED PRODUCT"). By downloading, installing, copying, or otherwise using any copy of (any part of) the DYMIX LICENSED PRODUCT, You agree to be bound by the terms of this EULA.
The DYMIX LICENSED PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The DYMIX LICENSED PRODUCT is licensed for an unlimited time.
1. GRANT OF LICENSE. Upon receipt by Licensor of the relevant license fee, this EULA grants you the following rights with respect to the DYMIX LICENSED PRODUCT only:
* Installation and Use. You may install and use a copy of the DYMIX LICENSED PRODUCT on any number of your computers. You may use the DYMIX LICENSED PRODUCT to create and release SINGLE game and/or application.
* Updates and Releases. During the development of Your application which is using DYMIX LICENSED PRODUCT licensed by this EULA You are entitled to download and use any update, bugfix, patch or new release of the DYMIX LICENSED PRODUCT that We make available. Any such update, bugfix, patch or new release shall become part of the DYMIX LICENSED PRODUCT and the use thereof shall be covered by this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Not for Resale/Rent. You may not resell, rent, lease, lend or otherwise transfer for value, the DYMIX LICENSED PRODUCT to third parties.
* Limitations on Reverse Engineering, Decompilation. You may not reverse engineer or decompile the DYMIX LICENSED PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The DYMIX LICENSED PRODUCT is licensed as a single product. Its component parts may not be separated for installation or use on more than one computer.
* Shared Use. This EULA grants You the right to have one user at a time use the DYMIX LICENSED PRODUCT. In no event is it allowed to have more than one user use or access the DYMIX LICENSED PRODUCT simultaneously.
* Support Services. You may contact Licensor via email and/or the DYMIX on-line support forum with respect to all issues and/or bugs related to the use of the DYMIX LICENSED PRODUCT and Licensor shall use reasonable efforts to correct the issues and/or bugs and/or to create a workaround. Critical issues will be resolved as soon as reasonably possible by the Licensor. You acknowledge that Licensor may use all technical information that You provide in relation to support, for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies You.
* Software Transfer. You are not allowed to transfer permanently or temporarily any or all of your rights under this EULA and/or any copy of the DYMIX LICENSED PRODUCT and/or any component part thereof or the media or related printed materials
* Promotion. You agree that Licensor may use Your name as well as the titles and screenshots of all products developed by You using the DYMIX LICENSED PRODUCT as a reference inter alia in press releases, client lists or other marketing activities.
* Termination. Without prejudice to any other rights, Licensor may terminate this EULA with immediate effect if You fail to comply with any of the terms and conditions of this EULA or a license agreement applicable to any other copy of the DYMIX LICENSED PRODUCT. In such event, You must remove all copies of the DYMIX LICENSED PRODUCT and all of its component parts from Your computers and Your project which is using DYMIX LICENSED PRODUCT licensed by this EULA.
3. COPYRIGHT. You acknowledge that all copyrights and other intellectual property rights in and to (any part of) the DYMIX LICENSED PRODUCT and the accompanying documentation and any copies of the DYMIX LICENSED PRODUCT are owned by Licensor. You may not remove any reference to Our copyrights from the DYMIX LICENSED PRODUCT. We acknowledge that any copyrights or other intellectual property rights in and to products developed by You using the DYMIX LICENSED PRODUCT are owned by Your or any relevant third party. You may keep the original copy of the DYMIX LICENSED PRODUCT solely for backup or archival purposes. You may not copy the printed materials accompanying the DYMIX LICENSED PRODUCT.
4. USE OF THE MEDIA. You may receive the DYMIX LICENSED PRODUCT either by receiving it via email from Licensor or stored on any other medium (e.g. diskette, CD-ROM). You may not sell, loan, rent, lease, or otherwise transfer such other medium to another user without written consent of the Licensor, except as part of the permanent transfer (as provided above) of the DYMIX LICENSED PRODUCT.
5. EXCLUSION OF WARRANTIES. To the maximum extent permitted by applicable law, Licensor provide to You the DYMIX LICENSED PRODUCT, and the support services related to the DYMIX LICENSED PRODUCT "as is" and with all faults; Licensor hereby disclaim with respect to the DYMIX LICENSED PRODUCT and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of or related to: title, non-infringement, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, quiet enjoyment, quiet possession, and correspondence to description.
6. EXCLUSION OF LIABILITY AND REMEDIES. To the maximum extent permitted by applicable law Licensor shall in no event be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the DYMIX LICENSED PRODUCT or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA. You accept that Our liability for damages shall be limited at all times to compensation of Your direct damages up to the amount of the license fee paid by You.
7. APPLICABLE LAW
This EULA and Your use of the DYMIX LICENSED PRODUCT is governed by the laws of The Czech Republic.
This DYMIX End-User License Agreement ("EULA") is a legal agreement between either an individual or a company ("You") and Ondrej Mocny ("Hardwire", "Licensor", "We" or "Our(s)") for the DYMIX engine, including all files whether in bytecode or source code format and data that will be delivered as part thereof such as coding, documentation, graphics and example files ("DYMIX LICENSED PRODUCT"). By downloading, installing, copying, or otherwise using any copy of (any part of) the DYMIX LICENSED PRODUCT, You agree to be bound by the terms of this EULA.
The DYMIX LICENSED PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The DYMIX LICENSED PRODUCT is licensed for an unlimited time.
1. GRANT OF LICENSE. Upon receipt by Licensor of the relevant license fee, this EULA grants you the following rights with respect to the DYMIX LICENSED PRODUCT only:
* Installation and Use. You may install and use a copy of the DYMIX LICENSED PRODUCT on any number of your computers. You may use the DYMIX LICENSED PRODUCT to create and release SINGLE game and/or application.
* Updates and Releases. During the development of Your application which is using DYMIX LICENSED PRODUCT licensed by this EULA You are entitled to download and use any update, bugfix, patch or new release of the DYMIX LICENSED PRODUCT that We make available. Any such update, bugfix, patch or new release shall become part of the DYMIX LICENSED PRODUCT and the use thereof shall be covered by this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Not for Resale/Rent. You may not resell, rent, lease, lend or otherwise transfer for value, the DYMIX LICENSED PRODUCT to third parties.
* Limitations on Reverse Engineering, Decompilation. You may not reverse engineer or decompile the DYMIX LICENSED PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The DYMIX LICENSED PRODUCT is licensed as a single product. Its component parts may not be separated for installation or use on more than one computer.
* Shared Use. This EULA grants You the right to have one user at a time use the DYMIX LICENSED PRODUCT. In no event is it allowed to have more than one user use or access the DYMIX LICENSED PRODUCT simultaneously.
* Support Services. You may contact Licensor via email and/or the DYMIX on-line support forum with respect to all issues and/or bugs related to the use of the DYMIX LICENSED PRODUCT and Licensor shall use reasonable efforts to correct the issues and/or bugs and/or to create a workaround. Critical issues will be resolved as soon as reasonably possible by the Licensor. You acknowledge that Licensor may use all technical information that You provide in relation to support, for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies You.
* Software Transfer. You are not allowed to transfer permanently or temporarily any or all of your rights under this EULA and/or any copy of the DYMIX LICENSED PRODUCT and/or any component part thereof or the media or related printed materials
* Promotion. You agree that Licensor may use Your name as well as the titles and screenshots of all products developed by You using the DYMIX LICENSED PRODUCT as a reference inter alia in press releases, client lists or other marketing activities.
* Termination. Without prejudice to any other rights, Licensor may terminate this EULA with immediate effect if You fail to comply with any of the terms and conditions of this EULA or a license agreement applicable to any other copy of the DYMIX LICENSED PRODUCT. In such event, You must remove all copies of the DYMIX LICENSED PRODUCT and all of its component parts from Your computers and Your project which is using DYMIX LICENSED PRODUCT licensed by this EULA.
3. COPYRIGHT. You acknowledge that all copyrights and other intellectual property rights in and to (any part of) the DYMIX LICENSED PRODUCT and the accompanying documentation and any copies of the DYMIX LICENSED PRODUCT are owned by Licensor. You may not remove any reference to Our copyrights from the DYMIX LICENSED PRODUCT. We acknowledge that any copyrights or other intellectual property rights in and to products developed by You using the DYMIX LICENSED PRODUCT are owned by Your or any relevant third party. You may keep the original copy of the DYMIX LICENSED PRODUCT solely for backup or archival purposes. You may not copy the printed materials accompanying the DYMIX LICENSED PRODUCT.
4. USE OF THE MEDIA. You may receive the DYMIX LICENSED PRODUCT either by receiving it via email from Licensor or stored on any other medium (e.g. diskette, CD-ROM). You may not sell, loan, rent, lease, or otherwise transfer such other medium to another user without written consent of the Licensor, except as part of the permanent transfer (as provided above) of the DYMIX LICENSED PRODUCT.
5. EXCLUSION OF WARRANTIES. To the maximum extent permitted by applicable law, Licensor provide to You the DYMIX LICENSED PRODUCT, and the support services related to the DYMIX LICENSED PRODUCT "as is" and with all faults; Licensor hereby disclaim with respect to the DYMIX LICENSED PRODUCT and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of or related to: title, non-infringement, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, quiet enjoyment, quiet possession, and correspondence to description.
6. EXCLUSION OF LIABILITY AND REMEDIES. To the maximum extent permitted by applicable law Licensor shall in no event be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the DYMIX LICENSED PRODUCT or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA. You accept that Our liability for damages shall be limited at all times to compensation of Your direct damages up to the amount of the license fee paid by You.
7. APPLICABLE LAW
This EULA and Your use of the DYMIX LICENSED PRODUCT is governed by the laws of The Czech Republic.