Trainz Simulator 2009
Source Asset License Agreement


This is a legally binding license agreement (“License”) between you and N3VRF41L Publishing Pty Ltd, ABN 43 118 743 534 (“N3VRF41L”) in relation to all the computer data files on the “Brew Crew Content” CDROMs (the “Content”). The Content is comprised of 3D Studio Max files, , Photoshop files, real-time TGA and BMP files, sound files, music and video). You may use the Content in accordance with the terms of this License.

1	Important Note
YOUR PERMISSION TO USE THE CONTENT  IS CONDITIONAL UPON YOUR AGREEMENT TO THE TERMS OF THIS LICENSE.  

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE CONTENT, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS LICENSE.  


2	Copyright and Intellectual Property
2.1	The Content (and each individual file which comprises the Content) is a copyright work owned by N3VRF41L. These works are protected by copyright laws and international copyright treaties. In addition, parts of the Content may be contain trademarks protected in numerous jurisdictions around the world.
2.2	The Content is licensed to you. It is NOT sold. 
2.3	All copyright, patent and other intellectual property rights N3VRF41L holds in the Content are expressly withheld and are NOT transferred in any way by the terms of this License.

3	Grant of License
3.1	Subject to the terms and conditions of this License, N3VRF41L grants to you a personal, non-transferable and non-exclusive license to:
(a)	install, use and modify the Content, at any one time, on a single stand alone computer as further described below; and
(b)	make one copy of the Content in electronic form solely for back-up or archival purposes in support of your permitted use of the Content.
3.2	You have no right to use the Content, in whole or in part, for any purpose or in any way other than as specified in this License.  The rights granted to you in this clause 3 and clause 4 are your only rights in relation to the Content.
3.3	The grant of the license set out in clause 3.1 is not and cannot be deemed to be a sale, transfer or any other conveyance to you of N3VRF41L’s trademarks or any other intellectual property rights held or used by N3VRF41L.
3.4	You must not rent, lease or lend the Content without N3VRF41L’s prior written consent.
3.5	For any new files, game assets or works you create based on the Content, you do not have to include a credit to N3VRF41L; however one would be appreciated.

4	Authorized Use of the Content
4.1	The rights granted to you under clause 3 are subject to the following authorized uses of the Content.
4.2	You must NOT distribute any of the Content as it is provided to you without N3VRF41L’s prior written consent.
4.3	You can load, modify and use the Content in any way provided any new files, game assets or works you create from the Content are only distributed in the standard TRS2004 format. That is, to distribute a file, game asset or other work based on the Content, you must export the file using the TRS2004 plugin. You may not save or export any of the Content or any file, game asset or other work based on the Content, to a format useable by Microsoft Train Simulator or any other software package or computer game.
4.4	In addition to clause 4.3, to distribute new files, game assets or works based on the Content, you must use the “Trainz Download Station”. You may not make the files, game assets or works available through any other means.

4.5	If you submit a work to N3VRF41L for inclusion as “Official Content”, N3VRF41L may, in its absolute discretion, choose to include a work that you have created under the terms of this Clause 4 (“Authorized Use of the Content”) in a product it distributes (for free or for payment). If N3VRF41L includes a work you have created in a product it distributes, it will place your name in the credits for the relevant work.

5	Termination
5.1	N3VRF41L may terminate this License with immediate effect if you commit what N3VRF41L considers to be a material breach of this License or commence any proceedings against N3VRF41L.
5.2	Upon termination of this License, you must immediately cease any further use of the Content, and you must at your expense, return to N3VRF41L or destroy (at N3VRF41L’s discretion) all copies of the Content in your possession or under your control .

6	No Warranty
6.1	The Content is provided "as is".
6.2	TO THE FULLEST EXTENT PERMITTED BY LAW, NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY N3VRF41L.  IN NO EVENT WILL N3VRF41L BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INDIRECT LOSS, INCLUDING WITHOUT LIMITATION, TIME, MONEY, GOOD WILL, LOSS OF CUSTOM, DAMAGE TO REPUTATION OR LOST PROFITS, WHICH MAY ARISE FROM THE USE, OPERATION, MAINTENANCE, MODIFICATION OR FAILED USE OF THE CONTENT OR ANY PROGRAM THAT USES, LOADS OR ACCESSES THE CONTENT. 
6.3	If N3VRF41L is found to be liable to you, N3VRF41L’s liability is limited in all circumstances to one of the following options, as selected by N3VRF41L: 
(a)	resupply of the Content;
(b)	supply of similar Content; or
(c)	refunding the amount you paid to N3VRF41L for the Content.

7	Indemnities
7.1	You agree to indemnify N3VRF41L for all loss, damage and costs that N3VRF41L may suffer or incur arising out of your use, misuse, distribution or publication of the Content or in respect of any claim made or legal or regulatory action brought against N3VRF41L arising out of or relating to your conduct or your use, misuse, distribution or publication of the Content.
7.2	N3VRF41L does not and will not indemnify you for any loss or damage arising from or relating to your use, misuse, distribution or publication of the Content, including but not limited to any claim of intellectual property infringement.

8	Governing Law
8.1	This License is governed by and construed in accordance with the laws of Queensland, Australia and by using the Content you submit to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.

9	Contact Details

N3VRF41L can be contacted at:

N3VRF41L
PO Box 1026 
NEW FARM   QLD   4005 
AUSTRALIA


Copyright 2008 N3VRF41L Publishing Pty Limited.  All Rights Reserved.
