This developer software license agreement ("License Agreement") is a legal agreement between Gameware Development Ltd (Gameware), 25 City Road, Cambridge CB11DP England and you.
By installing, copying or otherwise using the software on this site, you agree to be bound by the terms of this Licence Agreement. If you do not agree to the terms of this Licence Agreement, do not install, copy or otherwise use the Software.
1. LICENSE
1.1 Gameware grants you for your non-commercial use a personal, non-exclusive license to use the Software (subject to the terms and restrictions set forth in this Licence Agreement) solely to enjoy Gameware's Creatures and Creatures-related games products ("Creatures Products") and to create computer programs for use in conjunction with and designed to enhance the Creatures Products. No license is granted to you to use the human-readable code source code) of the Software. The Software is licensed to be used and resident on only one single personal computer at any one time. The Software and any supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary notices appearing on the Software on any copies you make.
1.2 Other than as expressly permitted in this Licence Agreement you shall not: -
(a) use the Software for any purpose (including, without limitation, development of non-Creatures Products related Derivative Work or stand-alone computer, console or any other games);
(b) copy, modify or alter the Software;
(c) transfer, sell, assign, license, distribute, sublicense, network (including, without limitation, making available all or part of the Software on a web site or other place accessible by one or more third parties) or otherwise convey to any third party the Software;
(d) save as permitted by applicable law, decompile, reverse-engineer, disassemble or otherwise reduce any Software to a human readable form;
1.3 Except for the licence granted in clause 1.1, this Licence Agreement grants you no other rights to patents, copyrights, trade secrets, trademarks or any other intellectual property rights in respect of the Software. All rights not expressly granted are reserved by Gameware.
2. NO ASSIGNMENT
2.1 You may transfer the Software and this Licence Agreement to another party only if the other party agrees in writing to accept the terms and conditions of this Licence Agreement. If you transfer the Software, you must at the same time either transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your rights under this Licence Agreement.
3. TRADE SECRETS; TITLE
3.1 You acknowledge and agree that the structure, sequence and organisation of the Software are the valuable trade secrets of Gameware Development Ltd. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership, and title to, the Software and all subsequent copies thereof, regardless of the form or media is held by Gameware Development Ltd.
4. TERM AND TERMINATION
4.1 This Licence Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this Licence Agreement. Upon such termination, you agree to destroy the Software and documentation, together with any copies and merged portions in any form.
5. WARRANTY
5.1 This Software is provided as is. Gameware warrants that the Software will substantially comply with the specifications set out in the documentation. Except as stated herein this Software is provided, without warranty of any kind, express or implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Gameware does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
6. LIMITATION OF LIABILITY
6.1 GAMEWARE'S SOLE LIABILITY TO YOU FOR ANY CLAIM, DEMAND OR CAUSE OR ACTION WHATSOEVER, AND REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL BE LIMITED, AT GAMEWARE'S SOLE OPTION, TO REPLACEMENT OF THE PROGRAM OR REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL CYBERLIFE BE LIABLE FOR OR YOU HAVE A REMEDY FOR RECOVERY OF ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF CYBERLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST REVENUES OR ECONOMIC LOSS OF ANY KIND, OR FOR ANY CLAIM BY ANY THIRD PARTY.
7. GOVERNING LAW
7.1 This agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation) shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the courts of England.
8. UNITED STATES GOVERNMENT LEGEND
8.1 The Software is commercial in nature and developed solely at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and, as such, is provided with only such rights as are provided in this Licence Agreement, which is Gameware's standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
9. GENERAL
9.1 If any provision of this Licence Agreement is determined to be invalid or unenforceable, it shall be deemed to be omitted and the remaining provisions shall continue in full force and effect. Gameware's waiver of any right shall not constitute a waiver of that right in the future.
9.2 You agree to indemnify Gameware to twice all costs should out-of-jurisdiction action be required, sought or imposed in or from non-English courts.
9.3 This Licence Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and all prior agreements, representations, statements and undertakings, oral or written, are hereby expressly superseded and cancelled.