ritual/fakk2-sdk
0
0
Fork 0
Code Issues Pull requests Projects Releases 1 Packages Wiki Activity

Add 'License'

Martian Buddy 2023-05-10 19:19:56 +00:00
commit 7838759471
1 changed files with 380 additions and 0 deletions
Show stats Download patch file Download diff file Expand all files Collapse all files

380
License.md Normal file

@ -0,0 +1,380 @@
**ATTENTION**
Here is a brief summary of certain of the terms and conditions in our
Limited Software Warranty and License Agreement. You must read the full
text of the agreement before using this product so that You understand
all of the terms and conditions of our agreement regarding this product.
WHAT IS OKAY FOR YOU TO DO:
$ Playing and enjoying the shareware and/or registered/full retail
version of the game, demo and/or level editor.
$ Setting up a shareware, demo, and/or registered/full retail version
based server on a not-for-profit and non-commercially exploited basis.
$ Playing the shareware, demo, and/or registered/full retail version of
the game and/or setting up a registered/full retail version of the game
using user-developed levels on a not-for-profit and non-commercially
exploited bases.
WHAT IS NOT OKAY FOR YOU TO DO:
$ You cannot sell or otherwise commercially exploit or utilize the
shareware, registered/full retail version, demo or level editor in any
way or sell user-developed levels and/or tools.
$ Commercially exploiting or otherwise utilizing any copyrighted and/or
trademarked property of Ritual Entertainment or any other party
contained in or associated with the shareware, demo, level editor or
registered/full retail version, demo, single player game and/or level
editor, including without limitation game names, logos, graphics,
characters, etc.
# LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this “Agreement”),
including the Limited Warranty and other special provisions, is a legal
agreement between You (either an individual or an entity) and Ritual
Entertainment, Inc., a Texas corporation (the “Owner”), regarding this
software product and the materials contained therein and related
thereto. Your act of downloading, installing and/or otherwise using the
software constitutes Your agreement to be bound by the terms of this
Agreement. If You do not agree to the terms of this Agreement cease
loading or installing this product and, if applicable, promptly return
the software packaging and the accompanying materials (including any
hardware, manuals, other written materials and packaging) to the place
You obtained them, along with Your receipt, for a full refund.
<u>Grant of Limited Non-Exclusive License</u>. (A) In the event that You
are currently encountering this Agreement in conjunction with or as a
result of Your downloading or otherwise installing the SOFTWARE (as
defined herein), this Agreement permits You to use one (1) copy of the
software program(s), in executable or object code form only, contained
in the registered/full retail version of the game program entitled Heavy
Metal FAKK 2, as contained in the disk(s) making up all or part of the
registered/full retail software product, including without limitation
the data files, images, level editors, death match levels, charters and
screen displays (the “SOFTWARE”), included in this download for Your
personal use on a single home or portable computer. This license also
permits You to use the SOFTWARE’s level editor to create new game
levels, weapons, characters and/or entities for non-commercial personal
use, and to non-commercially distribute such game levels, weapons,
characters, and/or entities to personal acquaintances for non-commercial
use via the Internet pursuant to subparagraph (C) below. This license
does NOT authorize You to sell, lease or otherwise profit from or
commercially distribute the SOFTWARE (see “Restrictions” below). The
SOFTWARE is in “use” on a computer when it is loaded into temporary
memory (i.e., RAM) or installed into the permanent memory (e.g., hard
disk, CD-ROM, or other storage device) of that computer. Installation on
a network server is strictly prohibited, except under a special and
separate network license obtained from Owner; this Agreement shall not
serve as such necessary special network license. Installation on a
network server constitutes “use” that must comply with the terms of this
Agreement. This license is not a sale of the original SOFTWARE or any
copy thereof.
\(B\) In the event that You are currently encountering this Agreement in
conjunction with or as a result of Your downloading or otherwise
installing a DEMO PRODUCT (as defined herein), this Agreement permits
You to use the software program(s) included in and received solely as a
result of the loaded or otherwise installed version of the demo, free
standing level editor and/or shareware version of the game entitled
Heavy Metal FAKK 2, as the case may be, for Your personal use (each such
item referred to herein, individually as a “DEMO PRODUCT” and
collectively as the “DEMO PRODUCTS”). This license also permits You to
use the level editor, as contained in and received solely as a result of
the downloading or other installation or utilization of such DEMO
PRODUCT, to create new game levels, weapons, characters and/or entities
for non-commercial personal use, and to non-commercially distribute such
games levels, weapons, characters, and/or entities to personal
acquaintances for non-commercial use via the Internet pursuant to
subparagraph (C) below. This license does NOT authorize You to sell,
lease or otherwise profit from or commercially exploit a DEMO PRODUCT
(see “Restrictions” below). A DEMO PRODUCT is in “use” on a computer
when it is loaded into temporary memory (i.e., RAM) or installed into
the permanent memory (e.g., hard disk, CD-ROM, or other storage device)
of that computer or accessed via the Internet. Installation of any DEMO
PRODUCTS on a network server for profit or other commercial benefit to
You or any other person is strictly prohibited, except under a special
and separate network license obtained from Owner; this Agreement shall
not serve as such necessary special network license. Installation on a
network server constitutes “use” that must comply with the terms of this
Agreement. This license is not a sale of the original DEMO PRODUCTS or
any copy thereof.
\(C\) Subject to the terms and conditions of this Agreement, Owner
grants to You the non-exclusive and limited right to create additional
levels (the “USER LEVELS”) which are operable with the SOFTWARE or DEMO
PRODUCT. You may include within the USER LEVELS certain textures and
other images (the “Owner Images”) from the SOFTWARE or DEMO PRODUCT, as
the case may be. You agree that the USER LEVELS will not be shipped,
transferred or exported into any country in violation of the U.S. Export
Administration Act (or any other law governing such matters) by You or
anyone at Your direction and that You will not utilize and will not
authorize anyone to utilize, in any other manner, the USER LEVELS in
violation of any applicable law. The USER LEVELS may not be downloaded
or otherwise exported or re-exported into (or to a national or resident
of) any country to which the United States has embargoed goods or to
anyone or unto any country who/which are prohibited by applicable law,
from receiving such property. You shall not rent, sell, lease, lend,
offer on a pay-per-play basis or otherwise commercially exploit or
commercially distribute any USER LEVELS. You are only permitted to
distribute for free, without any cost or charge, the USER LEVELS to
other end-users. As noted below, in the event You commercially
distribute or commercially exploit any USER LEVELS or commit any other
breach of this Agreement, Your license, as granted in this Agreement,
shall automatically terminate, without notice. IN ADDITION TO YOUR
INDEMNIFICATION OBLIGATIONS AS SET FORTH BELOW, YOU HEREBY AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER AND OWNER’S RESPECTIVE
OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU),
SUBLICENSEES (EXCLUDING YOU), SUCCESSORS AND ASSIGNS FROM AND AGAINST
ANY AND ALL DIRECT AND/OR INDIRECT LOSSES, LAWSUITS, DAMAGES, CAUSES OF
ACTIONS AND CLAIMS RELATING TO AND/OR ARISING FROM THE USER LEVELS
AND/OR THE DISTRIBUTION OR OTHER USE OF ANY USER LEVELS.
<u>Intellectual Property Ownership</u>. Owner retains all right, title
and interest to the SOFTWARE and/or DEMO PRODUCTS and any accompanying
instructions or other documentation (collectively, the “ACCOMPANYING
MATERIALS”), including, but not limited to, all copyrights, trademarks,
trade secrets, trade names, proprietary rights, patents, titles,
computer codes, audiovisual effects, themes, characters, character
names, stories, dialog, settings, artwork, sounds effects, musical
works, and moral rights. The SOFTWARE, DEMO PRODUCTS and ACCOMPANYING
MATERIALS are protected by United States copyright law and applicable
copyright laws and treaties throughout the World. All rights are
reserved. The SOFTWARE and ACCOMPANYING MATERIALS may not be copied or
reproduced in any manner or medium, in whole or in part, without prior
written consent from Owner except as specifically provided under “Grant
of Limited Non-Exclusive License” above. Any persons copying or
reproducing all or any portion of the SOFTWARE or ACCOMPANYING
MATERIALS, except as specifically provided under “Grant of Limited
Non-Exclusive License” above, in any manner or medium, will be willfully
violating the copyright laws and may be subject to civil or criminal
penalties.
<u>SOFTWARE Backup or Archiving</u>. After You install the SOFTWARE into
the permanent memory of a computer, You may keep and use the original
disk(s) and/or CD-ROM (the “Storage Media”) only for backup or archival
purposes. You are expressly prohibited from transmitting the SOFTWARE or
ACCOMPANYING MATERIALS electronically or otherwise over the Internet or
through any other media or to any other party.
<u>Restrictions</u>. Other than as provided specifically in this
Agreement, You are not permitted to copy or otherwise reproduce the
SOFTWARE or ACCOMPANYING MATERIALS; modify or prepare derivative copies
based on the SOFTWARE or ACCOMPANYING MATERIALS; distribute copies of
the SOFTWARE or ACCOMPANYING MATERIALS by sale or other transfer of
ownership; rent, lease, or lend the SOFTWARE, DEMO PRODUCTS or
ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING
MATERIALS publicly. You are expressly prohibited from selling, leasing,
charging for access to, or otherwise using for profit or commercially
exploiting any USER LEVELS, level packs, add-on packs, sequels,
characters or other components or items created by utilization of the
SOFTWARE’s or DEMO PRODUCT’s level editor and/or based upon or related
to the SOFTWARE, DEMO PRODUCT or ACCOMPANYING MATERIALS. YOU ARE NOT
PERMITTED TO REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE OR
ANY DEMO PRODUCT IN ANY WAY. Any copying or distribution of the SOFTWARE
or ACCOMPANYING MATERIALS not specifically allowed in this Agreement is
a violation of this Agreement. You may create USER LEVELS for the
SOFTWARE or any DEMO PRODUCT; provided, however, that such USER LEVELS
are created in accordance with the non-exclusive license set forth above
and no USER LEVELS may be sold or otherwise commercially exploited,
whether by You or by any other person or entity, but You may exchange
USER LEVELS at no charge with other end-users.
<u>Limited Warranty and Warranty Disclaimers</u>.
LIMITED WARRANTY. Owner warrants that the original Storage Media holding
the SOFTWARE is free from defects in materials and workmanship under
normal use and service for a period of ninety (90) days from the date
that You downloaded the SOFTWARE. If for any reason You find defects in
the Storage Media, or if You are unable to install the SOFTWARE on Your
home or portable computer, You may return the SOFTWARE, ACCOMPANYING
MATERIALS and all packaging related thereto to the place you purchased
such products for a full refund or replacement thereof. This limited
warranty does not apply if You have damaged the SOFTWARE by accident or
abuse.
CUSTOMER’S REMEDY. Your exclusive remedies, and the entire liability of
Owner, shall be replacement of the SOFTWARE or DEMO PRODUCT, as the case
may be. By downloading, installing and/or otherwise using the SOFTWARE,
DEMO PRODUCT or ACCOMPANYING MATERIALS, as the case may be, You hereby
agree to waive any and all other remedies You may have at law or in
equity. Any such remedies You may not waive as a matter of public
policy, You hereby assign, or shall assign as they become available,
over to Owner.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WITH RESPECT
TO THE DEMO PRODUCTS, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES
(EXPRESS, IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND/OR NON-INFRINGEMENT. THE DEMO PRODUCTS ARE PROVIDED GRATUITOUSLY TO
YOU “AS IS” AND YOU TAKE, INSTALL, LOAD OR OTHERWISE USE SUCH DEMO
PRODUCTS AT YOUR OWN RISK. OWNER HAS NO LIABILITIES ARISING FROM OR
RELATED TO YOUR USE OF ANY DEMO PRODUCTS.
<u>WARRANTY DISCLAIMERS</u>. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET
FORTH ABOVE, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, CONCERNING THE PRODUCTS REFERENCED HEREIN OR ANY COMPONENT PART
THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW
ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT ALLOWED AND TO THE
DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, WARRANT OR
GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE, DEMO PRODUCTS
OR ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED
WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE
SOFTWARE, DEMO PRODUCTS OR ACCOMPANYING MATERIALS CAPABILITIES WILL MEET
YOUR NEEDS OR THAT THE SOFTWARE OR DEMO PRODUCTS WILL CONTINUOUSLY
OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER DOES
NOT REPRESENT THAT THE SOFTWARE OR DEMO PRODUCTS WILL OPERATE IN A
MULTI-USER ENVIRONMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS,
DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR
AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE
OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH MAY VARY FROM STATE TO STATE.
<u>LIABILITY LIMITATION</u>. To the maximum extent permitted by
applicable law, and regardless of whether any remedy set forth herein
fails of its essential purpose,
IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
LICENSES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU) OR AFFILIATES NOR
ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF
THE SOFTWARE, THE DEMO PRODUCTS, THE ACCOMPANYING MATERIALS OR THE USER
LEVELS (OTHER THAN YOU) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL; OR CONSEQUENTIAL
DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
TEXT OR DATA STORED IN OR USED WITH SUCH PRODUCT INCLUDING THE COST OF
RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS,
ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, THE
DEMO PRODUCTS OR ANY USER LEVELS. THIS LIABILITY LIMITATION APPLIES EVEN
IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED
REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS
CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR
CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
<u>Product Support and Updates</u>. This SOFTWARE is intended to be
user-friendly and limited product support is provided by Owner as
specified in the ACCOMPANYING MATERIALS.
<u>Jurisdiction</u>. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF
SUCH STATE’S CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS
COUNTY, TEXAS. This Agreement may be modified only by a written
instrument specifying the modification and executed by both parties. In
the event that any provision of this Agreement shall be held to be
unenforceable, such provision shall be enforced to the greatest possible
extent, with the other provisions of this Agreement to remain in full
force and effect.
<u>Entire Agreement</u>. This Agreement represents the entire agreement
between the parties, and supersedes any oral or written communications,
proposals or prior agreements between the parties or any dealers,
distributors, agents or employees.
<u>U.S. Government Restricted Rights</u>. Each of the SOFTWARE, DEMO
PRODUCTS and the ACCOMPANYING MATERIALS is provided with RESTRICTED
RIGHTS (as found in 48 C.F.R. '52.227-7013). This provision only applies
if the U.S. Government or any of its entities obtains the SOFTWARE or
DEMO PRODUCTS either directly or indirectly. Owner created the SOFTWARE,
DEMO PRODUCTS and the ACCOMPANYING MATERIALS exclusively with private
funds. Additionally, information contained in the SOFTWARE, DEMO
PRODUCTS and the ACCOMPANYING MATERIALS is a trade secret of Owner for
all purposes of the Freedom of Information Act or otherwise.
Furthermore, the SOFTWARE and the DEMO PRODUCTS are “commercial computer
software” subject to limited use as set forth in any contract that may
be entered into between the seller and the governmental entity. Owner
owns, in all respects, the proprietary information and proprietary data
found in the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS.
U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE,
DEMO PRODUCTS and the ACCOMPANYING MATERIALS with “Restricted Rights” as
defined in DFARS 52.227-7013 (also found at 48 C.F.R. '252.227-7013).
Any U.S. Government use, duplication, or disclosure is subject to the
restrictions including, but not limited to those found in the Rights in
Technological Data clause at DFARS 52.227-7013 (48 C.F.R. '252.227-7013)
that may be amended from time to time.
NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on
notice through this Agreement that any use of the SOFTWARE, DEMO
PRODUCTS and/or the ACCOMPANYING MATERIALS is subject to similar
limitations as those stated above, including but not limited to, those
stated in Commercial Computer Software -- Restricted Rights found in 48
C.F.R. '52.227-19, that may also be amended from time to time.
Manufacturer is Owner at the location listed below.
<u>U.S. Export Laws Prohibitions</u>. By downloading, installing or
otherwise using the SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING
MATERIALS, You also agree and confirm that the SOFTWARE, DEMO PRODUCTS
and/or ACCOMPANYING MATERIALS and any of the SOFTWARE’s or DEMO
PRODUCTS’ direct products are not being and will not be transported,
exported or re-exported (directly or indirectly through the Internet or
otherwise) into (or to a national or resident of) any country forbidden
to receive such SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS by
any U.S. export laws or accompanying regulations or otherwise violate
such laws or regulations, that may be amended from time to time. You
also agree and confirm that the SOFTWARE, DEMO PRODUCTS and ACCOMPANYING
MATERIALS will not be used for any purpose that may be restricted by the
same laws and regulations.
<u>Termination</u>. This Agreement is valid until terminated. This
Agreement ceases automatically (without any form of notice) if You do
not comply with any Agreement provision. You can also end this Agreement
by destroying the SOFTWARE and ACCOMPANYING MATERIALS or DEMO PRODUCTS,
as the case may be, and all copies and reproductions of the SOFTWARE and
ACCOMPANYING MATERIALS or DEMO PRODUCTS, as the case may be, and
deleting and permanently purging the SOFTWARE or DEMO PRODUCTS, as the
case may be, from any client server or computer on which it has been
installed.
<u>Program Transfer</u>. You may permanently transfer all of Your rights
under this Agreement, provided that the recipient agrees to all of the
terms of this Agreement, and You agree to transfer all ACCOMPANYING
MATERIALS and related documents and components and, if applicable,
remove the SOFTWARE from Your computer prior thereto. With respect to
the SOFTWARE and the ACCOMPANYING MATERIALS, transferring the SOFTWARE
automatically terminates Your license under this Agreement.
<u>Equitable Remedies.</u> You hereby agree that if the terms of this
Agreement are not specifically enforced, Owner will be irreparably
damaged, and therefore You agree that Owner shall be entitled, without
bond, other security, proof of damages, to appropriate equitable
remedies with respect to any breach(es) of this Agreement, in addition
to any other available remedies.
<u>Owner.</u> If You have any questions regarding this Agreement, the
enclosed materials, or otherwise, please contact in writing:
Ritual Entertainment
Attn: Customer Service
2019 North Lamar Street, Suite 220
Dallas, Texas 75202-1744
Fax: (214) 871-7390
E-mail: legal@ritual.com
**Heavy Metal FAKK 2**, **Ritual **and** Ritual Entertainment **are
trademarks of Ritual Entertainment, Inc.** **
Copyright © 2000 Ritual Entertainment, Inc. All Rights Reserved.
**Microsoft **and** Windows 95, Windows 98 **and** Windows NT** are
registered trademarks of Microsoft Corporation. All other trademarks and
trade names are properties of their respective owners.
U.S. Government Restricted Rights
Manufactured in the U.S.A.