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hgkn · 2006-02-23, 14:04

Glömde skicka med lisenc-avtalet.

Trainz Railroad Simulator 2004
Source Asset License Agreement

This is a legally binding license agreement (“License”) between you and Auran Games Pty Ltd, ABN 73 081 393 311 (“Auran”) 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, gmax files (where available), Photoshop files, real-time TGA and BMP files, sound files, music and video). The majority (if not all) of the computer artwork and other game content included with Auran’s “Trainz Railroad Simulator 2004” was made using the Content. 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.
IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, RETURN THE UNOPENED PACKAGE TO THE PLACE OF PURCHASE AND ANY LICENSE FEE YOU HAVE PAID WILL BE REFUNDED TO YOU.

2 Copyright and Intellectual Property
2.1 The Content (and each individual file which comprises the Content) is a copyright work owned by Auran. 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 Auran 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, Auran 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 Auran’s trademarks or any other intellectual property rights held or used by Auran.
3.4 You must not rent, lease or lend the Content without Auran’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 Auran; 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 Auran’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 “Auran Trainz Download Station” by submitting them to http://www.auran.com/TRS2004/DLS.php. You may not make the files, game assets or works available through any other means.
4.5 If you submit a work to Auran for inclusion as “Official Content” (as defined in the Trainz Third Party Content Creation and Distribution Guidelines on the Auran website at www.auran.com), Auran 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 Auran includes a work you have created in a product it distributes, it will place your name in the credits for the relevant work. If Auran receives a monetary benefit for the distributed product in which your work is included, Auran will make all reasonable efforts to contact you to arrange an appropriate royalty payment.

5 Termination
5.1 Auran may terminate this License with immediate effect if you commit what Auran considers to be a material breach of this License or commence any proceedings against Auran.
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 Auran or destroy (at Auran’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 AURAN. IN NO EVENT WILL AURAN 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 Auran is found to be liable to you, Auran’s liability is limited in all circumstances to one of the following options, as selected by Auran:
(a) resupply of the Content;
(b) supply of similar Content; or
(c) refunding the amount you paid to Auran for the Content.

7 Indemnities
7.1 You agree to indemnify Auran for all loss, damage and costs that Auran 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 Auran arising out of or relating to your conduct or your use, misuse, distribution or publication of the Content.
7.2 Auran 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

Auran can be contacted at:

Auran Games Pty Limited
PO Box 1026
NEW FARM QLD 4005
AUSTRALIA

Email: helpdesk@auran.com

Web: http://www.auran.com

Copyright 2004 Auran Games Pty Limited. All Rights Reserved.

2006-02-23, 14:04	#2
hgkn Medlem Reg.datum: Mar 2003 Ort: Kista, Sweden. Inlägg: 763	Glömde skicka med lisenc-avtalet. Trainz Railroad Simulator 2004 Source Asset License Agreement This is a legally binding license agreement (“License”) between you and Auran Games Pty Ltd, ABN 73 081 393 311 (“Auran”) 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, gmax files (where available), Photoshop files, real-time TGA and BMP files, sound files, music and video). The majority (if not all) of the computer artwork and other game content included with Auran’s “Trainz Railroad Simulator 2004” was made using the Content. 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. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, RETURN THE UNOPENED PACKAGE TO THE PLACE OF PURCHASE AND ANY LICENSE FEE YOU HAVE PAID WILL BE REFUNDED TO YOU. 2 Copyright and Intellectual Property 2.1 The Content (and each individual file which comprises the Content) is a copyright work owned by Auran. 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 Auran 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, Auran 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 Auran’s trademarks or any other intellectual property rights held or used by Auran. 3.4 You must not rent, lease or lend the Content without Auran’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 Auran; 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 Auran’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 “Auran Trainz Download Station” by submitting them to http://www.auran.com/TRS2004/DLS.php. You may not make the files, game assets or works available through any other means. 4.5 If you submit a work to Auran for inclusion as “Official Content” (as defined in the Trainz Third Party Content Creation and Distribution Guidelines on the Auran website at www.auran.com), Auran 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 Auran includes a work you have created in a product it distributes, it will place your name in the credits for the relevant work. If Auran receives a monetary benefit for the distributed product in which your work is included, Auran will make all reasonable efforts to contact you to arrange an appropriate royalty payment. 5 Termination 5.1 Auran may terminate this License with immediate effect if you commit what Auran considers to be a material breach of this License or commence any proceedings against Auran. 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 Auran or destroy (at Auran’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 AURAN. IN NO EVENT WILL AURAN 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 Auran is found to be liable to you, Auran’s liability is limited in all circumstances to one of the following options, as selected by Auran: (a) resupply of the Content; (b) supply of similar Content; or (c) refunding the amount you paid to Auran for the Content. 7 Indemnities 7.1 You agree to indemnify Auran for all loss, damage and costs that Auran 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 Auran arising out of or relating to your conduct or your use, misuse, distribution or publication of the Content. 7.2 Auran 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 Auran can be contacted at: Auran Games Pty Limited PO Box 1026 NEW FARM QLD 4005 AUSTRALIA Email: helpdesk@auran.com Web: http://www.auran.com Copyright 2004 Auran Games Pty Limited. All Rights Reserved. __________________ hgkn@bahnhof.se