Download Station License Agreement
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'''General terms''' | '''General terms''' | ||
| − | This is a legally binding license agreement ("license") between you, the uploader of New Works to the | + | This is a legally binding license agreement ("license") between you, the uploader of New Works to the Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V's and, where applicable, its Representatives and Related Entities use of your works. By uploading New Works to the Download Station, or otherwise using the Download Station, you are deemed to consent to, become bound by, and become a party to all the terms and conditions of this license. If you do not agree to all of the terms and conditions of this agreement, do not upload works to or otherwise use the Download Station. Your continued use of the Download Station is taken as your continued agreement to this license. |
==Consideration== | ==Consideration== | ||
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In addition to the other obligations in this agreement, the parties enter this agreement in consideration of: | In addition to the other obligations in this agreement, the parties enter this agreement in consideration of: | ||
| − | :(a) N3V providing you the | + | :(a) N3V providing you the Download Station service (for such time as it decides in its absolute discretion); and |
:(b) you granting N3V those rights set out below. | :(b) you granting N3V those rights set out below. | ||
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===Grant of license=== | ===Grant of license=== | ||
| − | With regard to all your New Works uploaded to the | + | With regard to all your New Works uploaded to the Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V can redistribute the New Works to third parties: |
| − | :(a) by making the New Works available for download from the | + | :(a) by making the New Works available for download from the Download Station for free or for payment; |
:(b) by including the New Works on a CDROM or DVDROM (or other storage medium) that is made publicly available for sale or that is given away; or | :(b) by including the New Works on a CDROM or DVDROM (or other storage medium) that is made publicly available for sale or that is given away; or | ||
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===Rights to remove=== | ===Rights to remove=== | ||
| − | N3V retains the right to remove any or all of your New Works from the | + | N3V retains the right to remove any or all of your New Works from the Download Station at any time and for any reason. |
| − | You can contact N3V and request that N3V remove all or any of your New Works from the | + | You can contact N3V and request that N3V remove all or any of your New Works from the Download Station but N3V is under no obligation to do so. |
| + | |||
| + | ===Faulty content=== | ||
| + | We grant any MyTrainz account permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re-upload it. | ||
| + | |||
| + | You are not permitted to fundamentally change the content beyond what is necessary for the repairs. | ||
==Warranties== | ==Warranties== | ||
| − | You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the | + | You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the Download Station: |
:(a) are free from all computer viruses; | :(a) are free from all computer viruses; | ||
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:(c) do not contain any 3D meshes, textures or other computer files created or distributed by N3V that have not been substantially modified; and | :(c) do not contain any 3D meshes, textures or other computer files created or distributed by N3V that have not been substantially modified; and | ||
| − | :(d) are appropriate for download by all members (including minors) of the | + | :(d) are appropriate for download by all members (including minors) of the MyTrainz community. |
==Indemnity== | ==Indemnity== | ||
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N3V does not and will not indemnify you for any loss or damage suffered arising from: | N3V does not and will not indemnify you for any loss or damage suffered arising from: | ||
| − | :(a) your use of the | + | :(a) your use of the Download Station; |
| − | :(b) you uploading New Works to the | + | :(b) you uploading New Works to the Download Station; or |
:(c) N3V allowing third parties to download your New Works. | :(c) N3V allowing third parties to download your New Works. | ||
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If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V: | If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V: | ||
| − | :(a) removal of the New Work in question from the | + | :(a) removal of the New Work in question from the Download Station; or |
| − | :(b) supply of a similar service to that of the | + | :(b) supply of a similar service to that of the Download Station. |
==General== | ==General== | ||
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These meanings apply unless the contrary intention appears: | These meanings apply unless the contrary intention appears: | ||
| − | ''' | + | '''Download Station''': means the website and service maintained and run by N3V that allows people to upload New Works and allows other to download them. |
'''Business Day''': means a day other than a Saturday, Sunday or public holiday in Brisbane, Australia. | '''Business Day''': means a day other than a Saturday, Sunday or public holiday in Brisbane, Australia. | ||
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'''New Work''': means a computer file (or package of computer files) that can be used in one or more of N3V's or a third party's products to display or edit artistic, musical, literary, cinematographic or other copyrighted works. (For example a 3D model of a train carriage and its associated graphical textures for use in N3V's Trainz product is a New Work). | '''New Work''': means a computer file (or package of computer files) that can be used in one or more of N3V's or a third party's products to display or edit artistic, musical, literary, cinematographic or other copyrighted works. (For example a 3D model of a train carriage and its associated graphical textures for use in N3V's Trainz product is a New Work). | ||
| − | ''' | + | '''MyTrainz''': means that online web service previously provided by N3V for the users of its websites (with the main website address being www.mytrainz.com). |
'''Related Entity''': has the meaning it has in the Corporations Act 2001 (Cwth). | '''Related Entity''': has the meaning it has in the Corporations Act 2001 (Cwth). | ||
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:Australia | :Australia | ||
| − | |||
Contact Support at: support.trainzportal.com | Contact Support at: support.trainzportal.com | ||
Revision as of 08:51, 16 October 2015
The following text is a copy of the License Agreement governing upload access to the Download Station. This text is included on this page for informational purposes.
N3V Content Creation and Distribution Policy
Contents |
General terms
This is a legally binding license agreement ("license") between you, the uploader of New Works to the Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V's and, where applicable, its Representatives and Related Entities use of your works. By uploading New Works to the Download Station, or otherwise using the Download Station, you are deemed to consent to, become bound by, and become a party to all the terms and conditions of this license. If you do not agree to all of the terms and conditions of this agreement, do not upload works to or otherwise use the Download Station. Your continued use of the Download Station is taken as your continued agreement to this license.
Consideration
In addition to the other obligations in this agreement, the parties enter this agreement in consideration of:
- (a) N3V providing you the Download Station service (for such time as it decides in its absolute discretion); and
- (b) you granting N3V those rights set out below.
N3V's rights
Grant of license
With regard to all your New Works uploaded to the Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V can redistribute the New Works to third parties:
- (a) by making the New Works available for download from the Download Station for free or for payment;
- (b) by including the New Works on a CDROM or DVDROM (or other storage medium) that is made publicly available for sale or that is given away; or
- (c) both (a) and (b).
No conveyance
The grant of the license in clause 2.1 ("Grant of license") is not and cannot be deemed to be a sale, transfer or any other conveyance of your intellectual property rights held in the New Works.
Rights to remove
N3V retains the right to remove any or all of your New Works from the Download Station at any time and for any reason.
You can contact N3V and request that N3V remove all or any of your New Works from the Download Station but N3V is under no obligation to do so.
Faulty content
We grant any MyTrainz account permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re-upload it.
You are not permitted to fundamentally change the content beyond what is necessary for the repairs.
Warranties
You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the Download Station:
- (a) are free from all computer viruses;
- (b) do not infringe any copyright, patent, trademark or other intellectual property rights of any person;
- (c) do not contain any 3D meshes, textures or other computer files created or distributed by N3V that have not been substantially modified; and
- (d) are appropriate for download by all members (including minors) of the MyTrainz community.
Indemnity
Limitation of Liability and Indemnity to N3V
You acknowledge that N3V is in no way responsible for the New Works and can in no way be considered liable for any of their contents. In addition to this limitation, you agree to indemnify N3V for all loss, damage and costs that N3V may suffer or incur arising out of:
- (a) N3V's distribution of your New Works; or
- (b) in respect of any claim made or legal or regulatory action brought against N3V arising out of or relating to any of your New Works.
No Indemnity by N3V
N3V does not and will not indemnify you for any loss or damage suffered arising from:
- (a) your use of the Download Station;
- (b) you uploading New Works to the Download Station; or
- (c) N3V allowing third parties to download your New Works.
Limitation of liability
If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V:
- (a) removal of the New Work in question from the Download Station; or
- (b) supply of a similar service to that of the Download Station.
General
No partnership
Nothing contained or implied in this agreement constitutes a party becoming the partner, agent, or legal representative of the other or creates any partnership, agency or trust, and no party has any authority to bind another party in any way.
Inconsistent law
To the extent permitted by law, this agreement prevails to the extent it is inconsistent with any law.
Governing law
This License is governed by and construed in accordance with the laws of Queensland, Australia and by using the Software you submit to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.
Interpretation
These meanings apply unless the contrary intention appears:
Download Station: means the website and service maintained and run by N3V that allows people to upload New Works and allows other to download them.
Business Day: means a day other than a Saturday, Sunday or public holiday in Brisbane, Australia.
New Work: means a computer file (or package of computer files) that can be used in one or more of N3V's or a third party's products to display or edit artistic, musical, literary, cinematographic or other copyrighted works. (For example a 3D model of a train carriage and its associated graphical textures for use in N3V's Trainz product is a New Work).
MyTrainz: means that online web service previously provided by N3V for the users of its websites (with the main website address being www.mytrainz.com).
Related Entity: has the meaning it has in the Corporations Act 2001 (Cwth).
Representative of a party: means an employee, officer, director or auditor of that party.
Contact Details
N3V can be contacted at:
- N3V Games Pty Ltd
- P.O. Box 644
- Helensvale QLD 4212
- Australia
Contact Support at: support.trainzportal.com
Copyright 2015 N3V Games Pty Ltd. All Rights Reserved.
