This Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and Aeroworx Scenery (the "Licensor"). BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THIS SCENERY (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. You agree that you are obtaining a copy of the Software via download only, and you acknowledge and agree that you shall not copy or retain the Software except as expressly permitted herein.
1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, the Licensor grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files, texture files, configuration files and electronic documentation. You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks or other rights related thereto. For purposes of the first sentence of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device, and means the uses permitted in sections 3 and 4 herein below. You agree that you will not utilize, and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes. The Licensor reserves all rights not granted in this Agreement.
2. Intellectual Property Rights. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by the Licensor and are protected by international treaty provisions and all applicable law. You must treat the Software like any other copyrighted material. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. You agree that you are receiving a copy of the Software by limited license only and not by sale. This section shall survive the cancellation or termination of this Agreement.
3. Prohibitions with Regard to the Software. You, whether directly or indirectly, shall not do any of the following acts:
a. sell the Software;
b. rent the Software;
c. lease or lend the Software;
d. offer the Software on a "pay-per-run" basis;
e. offer the Software on a "pay-per-download" basis;
f. give away copies of the Software for free to promote or market any other material;
g. disassemble, reverse engineer, decompile, or modify the Software;
h. modify, remove or alter this Agreement or any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software.
4. Permitted Distribution and Copying. So long as this Agreement accompanies each copy you make of the Software and so long as you fully comply at all times with this Agreement, the Licensor grants to you the non-exclusive and limited right to: (i) copy the Software from the download onto your computer hard drive; (ii) copy the Software from your computer hard drive into your computer RAM; and (iii) copy the Software and distribute such copies as standalone copies on physical media or in electronic format of the Software free of charge for non-commercial purposes and not in connection with any other material. You shall not distribute copies of the Software as mounted on or attached to the covers or any other part of magazines or other printed material. You shall not copy or distribute the Software in any manner that infringes against, misappropriates or otherwise violates any third-party right or that is libellous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You shall not receive any postage, shipping, handling or other charge, payment, fee, or other consideration, including items in trade, in exchange for or in connection with copies of Software you may distribute, even if only for reimbursement. You shall not receive any value or consideration in exchange for or in connection with copies of the Software you may distribute. You shall not distribute the Software bundled, co-packaged or together with any material. You shall not distribute the Software in connection with the promotion or marketing of any material. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes. The Licensor reserves all rights not granted in this Agreement.
5. NO WARRANTIES. THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS'', WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE AUTHOR 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. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
6. General Provisions. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the maximum extent permitted by applicable law. Failure of the Licensor to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, in any manner, and you immediately shall destroy all copies of the Software in your possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT
