Photon Redistribution License Terms
License Agreement for Exit Games Photon Redistribution
BY COMPLETING THE ONLINE REGISTRATION FORM AND CHECKING/CLICKING THE AFFIRMATION BOX, YOU SUBMIT TO EXIT GAMES SOFTWARE, INC., AN OREGON CORPORATION (“WE” OR “EXIT GAMES”), AN OFFER TO OBTAIN THE RIGHT TO USE THE SOFTWARE (AS DEFINED BELOW) UNDER THE PROVISIONS OF THIS REDISTRIBUTION LICENSE AGREEMENT (THE “AGREEMENT”).
BY CHECKING/CLICKING THE AFFIRMATION BOX, YOU HEREBY AGREE THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THE PERSON AND/OR ENTITIES (COLLECTIVELY, THE “LICENSEE”) WISHING TO USE THE SOFTWARE WHICH WE PROVIDE TO LICENSEE.
IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE LICENSEE OR YOU OR THE LICENSEE DO NOT AGREE TO ANY OF THE TERMS BELOW, EXIT GAMES IS UNWILLING TO PROVIDE THE SOFTWARE TO THE LICENSEE. DO NOT CHECK/CLICK THE AFFIRMATION BOX TO DISCONTINUE THE SOFTWARE DOWNLOAD PROCESS.
1. Software. The “Software” includes any software and documentation owned and distributed by Exit Games under this Agreement. Other than the license granted herein, Exit Games retains all rights in and to the Software. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Software is provided to U.S. Government End Users (i) only as a commercial end item and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
2. License. Subject to the terms of this Agreement, Exit Games grants to Licensee a nontransferable, worldwide, nonexclusive limited license to use the Software in connection with the Licensee’s game application the Software is licensed for (“Application”). Licensee may permit use of the Software to its users of the Application that are logged into the Application and that wish to use the Software in connection with the Application (each one a “User”) provided that Licensee’s license is limited to one hundred (100) concurrent installations of the Software (each one an “Instance”) and with respect to one Instance, the number of concurrent Users may not exceed fifty (50).
3. License Restrictions. Except as otherwise expressly permitted under this Agreement, Licensee agrees to not (a) permit access to or use of the Software by more than 50 concurrent Users per Instance, (b) use the Software in connection with an application other than the Application, (c) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in the Software or any portion thereof, (d) distribute, transfer, grant sublicenses to, or otherwise make available the Software (or any portion thereof) to third parties (other than to Users according to the terms herein), (e) embed or incorporate in any manner the Software (or any element thereof) into other applications of Licensee than the Application, (f) create modifications to or derivative works of the Software, (g) use or transmit the Software in violation of any applicable law, rule or regulation, including any export/import laws, (h) remove, obscure or alter any copyright notices or any name, trademark, service mark, tagline, hyperlink or other designation of Exit Games displayed on any display screen within the Software, (i) commercially exploit the Software in a way that competes with Exit Games business, (j) disclose Exit Games’ confidential information to unauthorized third parties. Licensee shall not permit the Users or any third party to perform any of the foregoing actions and shall be responsible for all damages and liabilities incurred as a result of such actions.
4. License Control Mechanism. The Software connects automatically to Exit Games’ license servers via HTTPS protocol (port 443) to verify the number of Users. This verification happens during (i) Software start and (ii), after successful initialization every 60 minutes. If the license is invalid the Software will not start (during check (i)) or stop after 24 hours following initialization (check (ii)).
5. Specific Disclaimer of Warranty and Limitation of Liability. THE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. EXIT GAMES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. EXIT GAMES WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF EXIT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EXIT GAMES’ LIABILITY UNDER THIS AGREEMENT EXCEED USD 1,000.
6. Termination. Licensee’s license to use the Software shall terminate on written notice by either Exit Games or Licensee. Upon termination of the license as provided above, Licensee shall promptly destroy the Software and any back-up copy of the Software made. Licensee shall also promptly return all materials provided by Exit Games in connection with the Software.
7. Confidentiality. “Confidential Information” shall be defined to include the Software, any software, source code, object code, documentation, test results, and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by Exit Games to Licensee. Licensee shall observe complete confidentiality with respect to the Confidential Information, and shall use its best efforts and take all reasonable steps to protect such from any use, reproduction, publication, disclosure, or distribution except as specifically authorized by this Agreement.
8. Miscellaneous. This Agreement is not assignable or transferable by Licensee and any attempt to do so is null and void. This Agreement constitutes the entire agreement between the parties concerning Licensee’s use of the Software. This Agreement supersedes any prior verbal understanding between the parties and any Licensee purchase order or other ordering document, regardless of whether such document is received by Exit Games before or after execution of this Agreement. This Agreement may be amended only in a writing signed by an authorized officer of Exit Games. This Agreement shall be governed by the laws of the State of Oregon, without regard to Oregon conflict of laws rules. The exclusive venue and jurisdiction for any and all disputes, claims and controversies arising from or relating to this Agreement shall be the state or federal courts located in Portland, Oregon. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of this Agreement. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.