TS2010 License Agreement

The following text is a copy of the TS2010 License Agreement. This text is included on this page for informational purposes.

License Agreement

Trainz Simulator 2010: Engineer’s Edition

Details

This is a software license agreement ("License") between you and N3V Games Pty Ltd, ACN 118 743 534 ("N3V") for the software product known as 'Trainz Simulator 2010 Engineer’s Edition' or depending on the territory 'Trainz Simulator 2010’ (in all cases "Trainz").

Trainz software

The Trainz software product includes:

A software including Railyard, Driver, Surveyor and any other modules or add-on packs that N3V chooses to make available to you from time to time ("Trainz Modules");

B editors (including but not limited to the Surveyor module) and software exporters and utilities that allow you to create your own assets or modify existing N3V or third party assets for use within the Trainz Modules;

C all documentation relating to Trainz and the Trainz Modules that are included in either electronic or paper form; and

D all other associated media (including artwork, sound files, music and video) included with Trainz or the Trainz Modules or made available to you by N3V, (together the "Software").

Conditions to Use/Installation of Software

YOUR PERMISSION TO USE THE SOFTWARE IS CONDITIONAL UPON YOUR AGREEMENT TO THE TERMS OF THIS LICENSE. DO NOT OPEN THE SEALED PACKAGE, OR INSTALL, DOWNLOAD OR USE THE SOFTWARE, UNLESS YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENSE. BY OPENING THE PACKAGE, OR INSTALLING, DOWNLOADING OR USING THE SOFTWARE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS LICENSE.

IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT CONTINUE WITH THE INSTALLATION, RETURN THE SOFTWARE TO THE PLACE OF PURCHASE AND ANY LICENSE FEE THAT YOU HAVE PAID WILL BE REFUNDED TO YOU.

THIS LICENSE OVERRIDES ALL PREVIOUS LICENSES FOR THE SOFTWARE. BY CONTINUING TO USE OR INSTALL THE SOFTWARE YOU AGREE TO USE THE SOFTWARE AND ASSOCIATED PRODUCTS IN ACCORDANCE WITH THE TERMS OF THIS LICENSE.

Copyright and Intellectual Property

2.1 The Software is a copyright work that is protected by copyright laws and international copyright treaties. In addition, parts of the Software may be protected by registered patents in numerous jurisdictions around the world.

2.2 This Software is licensed to you. It is NOT sold.

2.3 All copyright, patent and other intellectual property rights are expressly withheld and are NOT transferred in any way by the terms of this License.

Acknowledgment

You acknowledge that N3V owns all rights (including copyright, intellectual property rights and trademarks) in respect of:

A all Trainz products including Trainz, the Trainz Modules and the Software;

B the Plant Auran websites provided by N3V;

C the Auran Download Station; and

D Auran Content Creators.

N3V is the entity responsible for maintaining and operating the Auran Download Station and Auran Content Creators services.

Grant of License

4.1 Subject to the terms and conditions of this License, N3V grants to you a personal, non-transferable and non-exclusive license to:

(a) install and use the Software, at any one time, on a single stand alone computer in accordance with normal operating procedures as notified by N3V from time to time; and

(b) either:

(i) make one copy of the Software that is in electronic form solely for back-up or archival purposes in support of your permitted use of the Software; or

(ii) transfer the Software that is in electronic form to a single hard disk, provided you keep the original solely for back-up or archival purposes.

4.2 You have no right to use the Software, in whole or in part, for any purpose other than as specified in this License. The rights granted to you in this clause 4 and clause 5 are your only rights in relation to the Software.

4.3 This License does not grant you any right to enhancements or updates to the Software although N3V may make available such enhancements or updates to the Software as it sees fit in its absolute discretion.

4.4 Except for purposes expressly permitted by law, you must not reverse engineer, decompile or disassemble the Software or any of the files that are used by the Software.

4.5 You must not use the Software for an illegal purpose.

4.6 You are responsible for the supervision, management and control of the use of the Software.

4.7 The grant of the license set out in clause 4.1 is not and cannot be deemed to be a sale, transfer or any other conveyance to you of N3V's trademarks or any other intellectual property rights held or used by N3V.

4.8 The Software is comprised of a number of modules but is licensed as a single product. Its component parts (Trainz Modules) may not be separated for use on more than one computer.

4.9 You must not rent, lease or lend-for-profit the Software unless you have obtained N3V's prior written consent.

Authorised Use of the Software

5.1 The rights granted to you under clause 4 are subject to the following authorized uses of the Software.

5.2 Certain of the Trainz Modules and accompanying editors and exporters allow you to create your own assets for use by the Software by either:

(a) creating a completely new artistic work; or

(b) modifying an existing asset provided by N3V or a third party.

5.3 In the case of 4.2(a) above, you can distribute (for free or for payment) such works as you see fit with no requirement to seek N3V's approval or consent provided that you will cease to distribute such works as N3V reasonably considers are not new works.

5.4 In the case of 4.2(b) above, you can only distribute (for free or for payment) those works that are reasonably considered to be substantially different to the original work on which the new work is based. In the event of a dispute over what is considered to be 'substantially different', N3V's decision is final.

5.5 If you submit a work to the Auran Download Station, N3V may, in its absolute discretion, choose to include a work that you have created under the terms of Clause 5.2 (a) and 5.2 (b) in a product it distributes (for free or for payment). If N3V includes a work you have created in a product it distributes, it will place your name in the credits for the relevant work.

Termination

6.1 N3V may terminate this License with immediate effect if you commit what it considers to be a material breach of this License.

6.2 Upon termination of this License, you must immediately cease any further use of the Software, and you must at your expense, return to N3V or destroy (at N3V's discretion) all copies of the Software in your possession or your control.

No Warranty

7.1 The Software is provided "as is". 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 N3V.

7.2 In no event will N3V 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 software or any program created using the software.

7.3 If N3V is found to be liable to you, N3V's liability is limited in all circumstances to one of the following options, as selected by N3V:

(a) resupply of the Software;

(b) supply of similar Software;

(c) refunding the amount you paid to N3V for the Software;

(d) fixing the Software (if appropriate); or

(e) paying someone else to fix the Software (if appropriate).

Indemnities

8.1 You agree to indemnify N3V for all loss, damage and costs that N3V may suffer or incur arising out of your use or misuse of the Software or in respect of any claim made or legal or regulatory action brought against N3V arising out of or relating to your conduct or your use or misuse of the Software.

8.2 N3V does not and will not indemnify you for any loss or damage arising from or relating to your use of the Software, including any claim of intellectual property infringement relating to use of the Software.

Governing Law

9.1 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.

Contact Details

N3V Games Pty Ltd

58 Kingston Drive

Helensvale QLD 4212

Australia

Phone:+61 (7) 5657 7141

Fax: +61 (7) 5657 7191

Copyright 2009 N3V Games Pty Ltd. All Rights Reserved.