End-User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM.
With the use/installation of the CD you agree to the following license agreement:
This License Agreement is a legal binding contract between you and cdv Software Entertainment AG and/or its subsidiaries for the above mentioned software product, consisting of the computer software and possible relevant media, printing material and electronic operating instructions (the “software product”). By installing the software product, copying it or using it in any other way, you are agreeing to accept the conditions of this License Agreement without change. Should you not agree to the conditions of this License Agreement, do not install this software product, but return it to where you purchased it according to their return policy.
Software product license
This software product is copyrighted (by national law and international contracts.) This software product has not been sold to you, but is only licensed to you.
This License Agreement warrants you a license with the following rights: Use of the delivered software. This software product may only be used by you. You are allowed to install this software product and use it on one computer only.
Description of further rights and restrictions.
Restrictions concerning Reverse Engineering, Decompilation and Disassembling.
You are not allowed to change the software product, subject it to a reverse engineering, decompilize, or disassemble it. The software product is licensed in whole. Its parts may not be separated, a may not be used on more than one computer.
You may not lease, rent or lend the software product to anyone.
You are permitted to relinquish all rights you are entitled to under this License Agreement completely and durably to another party, as long as you
(a) do not retain any copies (of the whole software product or single parts of it),
(b) relinquish the whole software product (including all covering material (in media- or form), upgrades, and the License Agreement durable and completely to the consignee.
The software product contains a Level/ World Editor that allows you to create custom levels or other materials for your personal use in connection with the software product (“new materials”). You will not be entitled to use or allow third parties to use the Level/ World Editor and/or the new materials created thereby for commercial purposes including, but not limited to, distribution of new materials on a stand alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express prior written consent of cdv Software Entertainment AG and its subsidiaries. You are expressly prohibited from selling and/or distributing and/or otherwise profiting from any levels, add-on packs, sequels or other items based upon or related to the software product and/or the new materials without the express written consent of cdv Software Entertainment AG and/or its subsidiaries.
Copyright and trademark rights.
(1) The software product (inclusive all illustrations, photos, animation sequences, video, audio, music and text parts, which were embedded in the software product), as well as all the connected trade-mark and rights of usage, the packaging, printed materials and all copies of the software products are property of cdv Software Entertainment AG and/or its licensees and/or licensor’s.
(2) The software product is protected by copyright and trademark by national law, international law and international contract stipulations.
(3) With regard to archive purposes, you may handle the software product like any other by copyright protected work, and you may not make copies of the printed materials, which are included with the software product, including the packaging.
(4) You may not remove, modify or change the statements about copyrights and trademarks from the software product. This particularly refers to statements and marks on the packing and the data media, at statements which are published on the web site or which are accessible by Internet, or others which are included in the software product or are created from this.
cdv Software Entertainment AG and/or its subsidiaries warrant that the software product essentially works in agreement with the written statements being supplied with the software product from cdv Software Entertainment AG and/or its subsidiaries. This warranty covers 90 days, beginning with the date stated on the receipt.
Legal remedy of the consumer:
The responsibility of cdv Software Entertainment AG and/or its subsidiaries and its suppliers is limited to – one of the following, by choice of cdv Software Entertainment AG and/or its subsidiaries –
(a) the payback of the license fee you paid, not to exceed the recommended retail price, or
(b) repair or replacement of the part, or the parts of the software product if returned directly to cdv Software Entertainment AG and/or its subsidiaries including a copy of your receipt. This limited warranty is not valid, if the defect is based on an accident or misused or faulty handling. For each replaced software product, the guarantee will be for a period of an additional 30 days from the expiration of the original warranty, as long as cdv Software Entertainment AG and/or its subsidiaries determines that the software product was obtained legally.
No further warranties.
cdv Software Entertainment AG and/or its subsidiaries and its suppliers do make, as far as this is permitted by practicable law, any further warranty, as well as the liability for occurring or failure of an explicit or tacitly agreed condition. This includes especially the legal warranty for marketable quality, for the suitability for a special aim, for property, for the non-violation, concerning the software product and the stipulation, which assigns service activities, respective for shortcomings in the field of service activities.
(1) As far as this is permitted by practicable law, cdv Software Entertainment AG and/or its subsidiaries and its suppliers are not liable for special damages being based on accident, or mediate damages, for any following damages, including compensation for the loss of business, for the interruption of business operation, for the loss of business information or any other financial damages, arising from the use or an impossibility of the use of the software product, or from the guarantee or abstained guarantee of service activities. This even applies, if cdv Software Entertainment AG and/or its subsidiaries product were directly responsible for such damages.
(2) In any case, cdv Software Entertainment AG and/or its subsidiaries´ entire liability will be, by instruction of this License Agreement, limited to the amount the purchaser actually paid for the software product. All of these restrictions are not valid, if cdv Software Entertainment AG and/or its subsidiaries caused the damage willfully.
(1) Should restrictions of this contract be not legally binding in whole or in part, and/or not practicable, and/or lose their legal force later, the validity of the remaining restrictions of the contracts shall remain in force. This also applies, if it should be proved, that the contract includes an unenforceable clause.
(2) Instead of the ineffective and/or impracticable restriction because of that clause, an adequate agreement shall be valid, which, as far as legally possible, approaches best to the intended clause.