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Gentoo's Bugzilla – Attachment 112484 Details for
Bug 168998
games-strategy/homeworld ebuild request
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Relic EULA
Relic (text/plain), 12.06 KB, created by
Azamat H. Hackimov
on 2007-03-07 22:24:47 UTC
(
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Description:
Relic EULA
Filename:
MIME Type:
Creator:
Azamat H. Hackimov
Created:
2007-03-07 22:24:47 UTC
Size:
12.06 KB
patch
obsolete
> Relic Entertainment Inc. TM > > END-USER LICENSE AGREEMENT FOR > RELIC ENTERTAINMENT INC. ("RELIC") SOFTWARE > > IMPORTANT-READ CAREFULLY: > > >This RELIC End-User License Agreement (the "Agreement") is a legal agreement >between you (either an individual or a single entity) and RELIC, for the use >of one or more elements of RELIC proprietary software, which may at RELIC's >discretion include computer code related to Homeworld 1 TM, tools or other >material related to creating content related to Homeworld 2 TM and/or >Impossible Creatures TM including without limitation associated media, printed >materials, and "online" or electronic documentation (individually or >collectively referred to as the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT may >also include any updates and supplements to the original SOFTWARE PRODUCT >provided to you by RELIC. Any software provided along with the SOFTWARE >PRODUCT that is associated with a separate end-user license agreement is >licensed to you under the terms of that license agreement. > >BY CLICKING "AGREE" BELOW, AND/OR BY INSTALLING, COPYING, DOWNLOADING, >ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY >THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS >AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT. > >This Agreement is made by and between you (the "LICENSEE") and RELIC. > >WHEREAS, RELIC is a game development company that owns certain tools, game >engines and other technology used to develop interactive entertainment >software games; and > >WHEREAS, LICENSEE wishes to utilize the SOFTWARE PRODUCT for non-commercial >purposes in accordance with the terms set forth herein; and > >WHEREAS, LICENSEE wishes to license from RELIC and RELIC wishes to license to >LICENSEE, the SOFTWARE PRODUCT and other information as deemed from time to >time appropriate by RELIC, all on the terms set forth herein; > >NOW, THEREFORE, in consideration of the mutual promises made herein, the >receipt and sufficiency of which is hereby acknowledged, the parties agree as >follows: > > >1. License > >1.1 License Grant. Provided that the LICENSEE complies with the terms set >forth herein, RELIC hereby grants LICENSEE a limited purpose, nonexclusive, >royalty-free, terminable, worldwide, non-transferable license to: > > (a) use, reproduce and modify the SOFTWARE PRODUCT and the MODIFIED SOFTWARE >(as defined in section 2.1) solely for non-commercial purposes; and > > (b) distribute the SOFTWARE PRODUCT and the MODIFIED SOFTWARE, solely for >non-commercial purposes, and only to registered members of RDN-RELIC >Developer's Network who have agreed to abide by the terms of this Agreement. > >For greater certainty, the term "for non-commercial purposes" as used in this >Agreement means that the use, reproduction, modification and/or distribution >of the SOFTWARE PRODUCT and/or MODIFIED SOFTWARE must be made free of any and >all charges or payments and, without limitation, must not entitle, directly or >indirectly, the LICENSEE, any related parties or third parties to receive any >financial consideration or compensation related to such use, reproduction, >modification and/or distribution. > >1.2 Updates. RELIC may from time to time, in its sole discretion, and without >any obligation on the part of RELIC, provide updates, error corrections, and >future versions of SOFTWARE PRODUCT to LICENSEE. Upon delivery, such updates, >error corrections and future versions shall be deemed part of the SOFTWARE >PRODUCT, as applicable, and governed by the terms and conditions of this >Agreement. > >1.3 Reservation of Rights. RELIC reserves all rights not explicitly granted >herein. > >1.4 Indemnity. LICENSEE hereby agrees that it is solely responsible for any >and all liability, claims, damages or losses arising, directly or indirectly, >from any and all LICENSEE use, reproduction, modification and distribution of >the SOFTWARE PRODUCT. LICENSEE shall defend, indemnify, and hold harmless >RELIC, its officers, directors, employees and agents against any and all >claims, damages, losses, or liabilities whatsoever arising out of LICENSEE's >use, reproduction, modification and/or distribution of the SOFTWARE PRODUCT. > >1.5 Trademarks. LICENSEE acknowledges and agrees that this Agreement does not >grant LICENSEE any right to use any trademarks or trade names of RELIC or >their licensors. All such marks shall remain the property of the respective >owner. > > >2. Intellectual Property > >2.1 Ownership. The LICENSEE acknowledges and agrees that if the SOFTWARE >PROGRAM is improved, modified, developed or otherwise amended by the LICENSEE >("MODIFIED SOFTWARE") the LICENSEE shall have, save and except for the limited >license granted to the LICENSEE pursuant to the terms and conditions of this >Agreement, no right, title or interest in and to the MODIFIED SOFTWARE as >modified or altered, whether modified by the LICENSEE or RELIC and whether or >not such modifications are authorized pursuant to this Agreement. >Specifically, the LICENSEE hereby assigns all right, title and interest >arising out of any such MODIFIED SOFTWARE to RELIC or any other entity as >RELIC shall require and the LICENSEE will execute such further and other >documents and do such further and other acts as may be necessary, in the sole >opinion of RELIC, to transfer all such right, title and interest in and to the >MODIFIED SOFTWARE from the LICENSEE to RELIC. If, to the extent that it may >be deemed that an assignment or grant of right under this section cannot be >made until after relevant works are in existence, the LICENSEE's acceptance of >the terms and conditions of this Agreement shall constitute an irrevocable >assignment of all right, title and interest in and to all complete or >incomplete works that make up the MODIFIED SOFTWARE. The LICENSEE hereby >irrevocably waives in whole any and all moral rights arising under the >Copyright Act (Canada), as amended from time to time, or other similar >legislation in any jurisdiction or at common law, which the LICENSEE may have >in the MODIFIED SOFTWARE. > > >3. Term > >3.1 Term. This Agreement shall become effective as of the date LICENSEE >downloads or installs the SOFTWARE PRODUCT and shall expire five (5) years >after such date. > >3.2 Termination. RELIC may, at its sole discretion and authority, terminate >this Agreement immediately upon notice including without limitation notice via >email to LICENSEE. The Agreement will terminate automatically upon LICENSEE's >breach of any term of this Agreement. Any notice sent or transmitted by RELIC >to the LICENSEE's last known or registered address will be deemed to have been >sent by RELIC and received by LICENSEE one (1) day after such sending or >transmission by RELIC. In the event that this Agreement is terminated for any >reason, the LICENSEE shall immediately and permanently cease use, >reproduction, modification or distribution of the SOFTWARE PRODUCT and >MODIFIED SOFTWARE and will destroy any and all software, code, associated >media and printed materials related to, directly or indirectly, the SOFTWARE >PRODUCT and/or the MODIFIED SOFTWARE. > >3.3 Survival. Sections 1.4, 1.5, 2.1, 3.2, 3.3, 4.1, 4.2, 5.1 and 7 shall >survive any expiration or termination of this Agreement. > > >4. Disclaimers, Warranties and Limitation of Liability > >4.1 NO WARRANTIES. RELIC AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES >WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, >BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A >PARTICULAR PURPOSE. THE LICENSEE ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY >WARRANTY MADE BY RELIC OR ITS SUPPLIERS. THE SOFTWARE PRODUCT IS PROVIDED ON >AN "AS IS" BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED AND RELIC HAS NO >OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR >MODIFICATIONS WITH RESPECT TO THE SOFTWARE PRODUCT TO THE LICENSEE. > >4.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL RELIC OR ITS SUPPLIERS BE >LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY THE LICENSEE OR ANY OTHER >PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, >INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT >LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REVENUE, BUSINESS >INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) >ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF >RELIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. > > >5. > >5.1 COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT >(including but not limited to any images, photographs, animations, video, >audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the >accompanying printed materials, and any copies of the SOFTWARE PRODUCT are >owned by RELIC or its suppliers. All title and intellectual property rights >in and to the content which may be accessed through use of the SOFTWARE >PRODUCT is the property of the respective content owner and may be protected >by applicable copyright or other intellectual property laws and treaties. >This Agreement grants LICENSEE no rights to use such content. If this >SOFTWARE PRODUCT contains documentation, which is provided only in electronic >form, LICENSEE may print one copy of such electronic documentation. LICENSEE >may not copy the printed materials accompanying the SOFTWARE PRODUCT. > >5.2 COPY PROTECTION. Use of the SOFTWARE PRODUCT may require additional RELIC >software for use of the SOFTWARE PRODUCT which may employ copy protection >technology to prevent the unauthorized copying of the SOFTWARE PRODUCT and/or >additional RELIC software. It is illegal to make unauthorized copies of the >SOFTWARE PRODUCT and/or additional RELIC software or circumvent any copy >protection technology employed by RELIC. > > >6. No Exclusivity > >Nothing in this Agreement nor the license of the SOFTWARE PRODUCT shall >constitute or imply any promise to or intention to make any purchase of >products or services by either party or its affiliated companies or any >commitment by either party or its affiliated companies with respect to the >present or future marketing of any product or service or any commitment to >enter into any other business relationship. > > >7. General > >7.1 Modification. No amendment or modification of this Agreement shall be >valid or binding on RELIC unless made in writing and signed on behalf of RELIC >by its respective duly authorized officers or representatives. RELIC may, >without notice to the LICENSEE, modify, alter or vary the terms of this >Agreement without the consent of the LICENSEE, however, such modification, >alteration or variance shall be displayed on the RELIC website located at >www.relic.com . > >7.2 Assignment. LICENSEE may not assign this Agreement without the prior >written consent of RELIC. Subject to the limitations set forth in this >Agreement, this Agreement will inure to the benefit of and be binding upon the >parties, their successors and permitted assigns. > >7.3 Separation of Components. The SOFTWARE PRODUCT is licensed as a single >product. Its component parts may not be separated for use license, >distribution or replacement by the LICENSEE. > >7.4 Severability. If any provision of this Agreement shall be held by a court >of competent jurisdiction to be illegal, invalid or unenforceable, the >remaining provisions will not be affected and will be deemed to be in full >force and effect. > >7.5 Governing Law, Jurisdiction and Venue. This Agreement shall be governed by >the laws of the Province of British Columbia. Each of the parties hereto >submits and attorns to the exclusive jurisdiction and venue in the provincial >and federal courts sitting in Vancouver, BC. > >7.6 Entire Agreement. This Agreement constitutes the entire understanding >between the parties hereto and supersedes all previous communications, >representations and understandings, oral or written, between the parties, with >respect to the subject matter of this Agreement. > >7.7 The LICENSEE agrees that RELIC would be irreparably injured by breach of >this Agreement by LICENSEE and that RELIC shall be entitled to equitable >relief, including injunctive relief and specific performance, in addition to >any and all monetary damages, in the event of any breach of the provisions of >this Agreement by the LICENSEE.
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bug 168998
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112485
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112826