License
From ScapeFX Wiki
To use ScapeFX for your game you must purchase ScapeFX under an annual license.
1. DEFINITIONS "Licensed Software" means the ScapeFX software and Related Materials which are provided to you for your use with the Licensed Software. "Related Materials" means all documentation and machine readable materials (including libraries, executables, source files, header files and data files) provided to you by Mythicscape. "Program Upgrade" means a version of the Licensed Software and Related Materials which differs from the initially licensed release by correction of Program Errors and by certain functionality changes.
2. LICENSE TO USE LICENSED SOFTWARE Mythicscape hereby grants to you (the "Licensee") a non-exclusive, non-transferable, royalty-free, limited-term license to use the Licensed Software and Related Materials on a single Game Server which is identified by a host address that you supply when you order the "Licensed Software". No license is granted to you for any other purpose. You may not distribute the Licensed Software and/or Related Materials in whole or in part, to any third party. You acknowledge that nothing in this Agreement gives you the right to use any trademark, trade name or service mark of Mythicscape. Mythicscape retains exclusive ownership of the Licensed Software and Related Materials. You may only use the "Licensed Software" for a SINGLE game server. The "Licensed Software" may not be used to create a general game client that can connect to a number of different game servers. You may only use the "Licensed Software" to connect to the particular host and port that you have submitted to Mythicscape when receiving the "Licensed Software". If you wish to change the host and port you must contact Mythicscape and notify that you are doing so. You may not sell or distribute the "Licensed Software" for payment.
3. FUNCTIONAL SPECIFICATION OF LICENSED SOFTWARE The Licensed Software is a client for playing Multi-User Dungeon, text-based games as described in the documentation section of the Related Materials.
4. TERM AND TERMINATION OF AGREEMENT This Agreement shall commence on the date which Mythicscape receives payment for the Licensed Software (the "Effective Date"). The initial term of this Agreement will be for one (1) year following the Effective Date. This license will automatically terminate following that term unless the Licensee pays to Mythicscape the then current annual license fee for the Licensed Software. Upon such payment, the term and provisions of this license will be extended for a further one (1) year period. Extension of the license term may be repeated indefinitely. Mythicscape may terminate this Agreement immediately should the Licensee materially breach any of its provisions or take any action in derogation of Mythicscape's rights to the Confidential Information licensed to you. Unless otherwise instructed by Mythicscape, within thirty (30) days after any termination of this Agreement, the Licensee will destroy all Licensed Software and Related Materials and the Confidential Information covered by this Agreement, as well as any copies. The provisions regarding Confidential Information and Limitation of Liability shall survive any termination of this Agreement.
4.b FREE ADVERTISEMENT VERSION For the free advertisement version of the Software this Agreement shall commence on the date which Mythicscape gives you access to the Software (the "Effective Date"). When using the free advertisement version of the Software you agree to not obscure, hide or in any other way modify the Software to make any sort of advertisement disappear.
5. CONFIDENTIAL INFORMATION. "Confidential Information" means the Licensed Software and Related Materials and any other information which Mythicscape supplies to you under this Agreement which Mythicscape deems to be such. You shall treat all Confidential Information of Mythicscape with the same degree of care, but no less than reasonable care, as you use to protect your own Confidential Information. You acknowledge that you do not acquire any rights of ownership or title in the Confidential Information, which remains the sole property of Mythicscape. The provisions of this Section 5 shall survive termination or expiration of this License Agreement for a period of five (5) years from the date of each disclosure to you.
6. WARRANTY AND DISCLAIMER OF WARRANTY Mythicscape warrants to you that it has the right and power to enter into this Agreement and, to the best of its knowledge, that it has the right to grant the license discussed in Section 2 above. Except as specifically set forth in the first Subparagraph of this Section 6, the Licensed Software and Related Materials are provided to you "as is" and Mythicscape disclaims all warranties and representations, whether express or implied, with respect to the Licensed Software and Related Materials including, but not limited to, the warranties of design, merchantability or fitness for a particular purpose, warranties arising from a course of dealing, usage or trade practice, or warranties concerning the non-infringement of third party rights. The warranties set forth in this Section 6 are expressly subject to the limitation of Section 7 below.
7. LIMITATION OF LIABILITY You will hold Mythicscape harmless from any claims based on your use of the Licensed Software. You shall have the sole responsibility to protect adequately and backup your data and/or equipment used in connection with the Licensed Software. You shall not claim against Mythicscape for lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the Licensed Software. In no event shall either party be liable for any lost revenues or profits, or other special, incidental or consequential damages arising with respect to the Licensed Software and Related Materials or arising out of this agreement, even if such party has been advised of the possibility of such damages.
8. MISCELLANEOUS If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law then, those provisions notwithstanding, this Agreement shall remain in full force and effect and such provisions shall be deemed omitted. The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. This Agreement constitutes and expresses the entire agreement and understanding between you and Mythicscape and supersedes all previous communications, representations or agreements, whether written or oral, with respect to the subject matter hereof. This Agreement is made under and shall be governed by and construed in accordance with the laws of Sweden.
