Download Station License Agreement

Revision as of 08:33, 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

This is a legally binding license agreement ("license") between you, the uploader of New Works to the Auran 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 Auran Download Station, or otherwise using the Auran 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 Auran Download Station. Your continued use of the Auran 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 Auran 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 Auran 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 Auran 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 Auran 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 Auran Download Station but N3V is under no obligation to do so.

Warranties

You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the Auran 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 Planet Auran 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 Auran Download Station;

(b) you uploading New Works to the Auran 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 Auran Download Station; or

(b) supply of a similar service to that of the Auran 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:

Auran 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).

Planet Auran: means that online web service previously provided by Auran Holdings Pty Ltd ABN 73 081 393 311 but now provided by N3V for the users of its websites (with the main website address being www.auran.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

Company email; anewera@n3vgames.com Contact Support at: support.trainzportal.com