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End User License Agreement
Please read the following information carefully as it sets out the terms upon which you are allowed by Out of the Park Developments GmbH & Co. KG of Vorderstr. 44a, 21723 Hollern-Tw., Germany ("OOTP Developments") to use Franchise Hockey Manager 4 ("FHM 4") incorporated in the game.
By installing, copying, or otherwise using FHM 4 (as defined below), you agree to be bound by the terms of this EULA.
If you do not agree to these terms, your use of FHM 4 will not be granted. Do not install, copy, or use the software. If you have proof of payment, you may return your license to use the software within fourteen (14) days for a refund of the license fee.
1. Licence to use the Software
The term "FHM 4" includes the software included in this game, the associated media, any software associated with the online mode of the game, any printed materials, and any online or electronic documentation, and any and all copies and derivative works of such software and materials.
OOTP Developments grants you a non-exclusive, non-transferable license to use two (2) copies of FHM 4 solely for the personal use of the licensee. The two copies may not be used by two people in two places at the same time. OOTP Developments grants the use of two copies of FHM 4 solely to provide the licensee with flexibility, and does not condone the use of the two licensed copies by users other than the licensee. All rights not specifically transferred by this Licence remain with OOTP Developments. FHM 4 is licensed to you and not sold. This licence does not give you any title or ownership in FHM 4 and should not be construed as a sale or transfer of any intellectual property rights to FHM 4.
You are authorized to make backup copies of FHM 4 for the sole purpose of protecting your investment. You may transfer FHM 4 freely from one computer to another, subject to the other requirements listed above.
2. Ownership of FHM 4
You agree and acknowledge that all right, title, interest and ownership rights in any and all copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ("Intellectual Property Rights"), in or connected with FHM 4 and any and all copies thereof (including in particular but not limited to any data, database, designs, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by OOTP Developments or its licensors (where relevant). FHM 4 may contain certain licensed materials and OOTP Developments or its licensors may protect their rights in the event of any violation of this Agreement.
3. Use of FHM 4
You agree only to use FHM 4 or any part of it in a manner which is consistent with this Licence and you shall not:
(a) without the permission of OOTP Developments use FHM 4 or any part of it for commercial use, for example use at a Internet cafe, computer gaming center or any other location-based site;
(b) without a further licence, use FHM 4, or permit the use of FHM 4, on more than two computers at the same time;
(c) make copies of FHM 4 or any part thereof;
(d) use FHM 4, or permit use of FHM 4, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by OOTP Developments and subject to acceptance of the terms and conditions of use;
(e) sell, rent, lease, license, distribute or otherwise transfer FHM 4 or any copies without the express prior written consent of OOTP Developments;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of FHM 4 modify, adapt, merge, translate, decompile or disassemble FHM 4 or any part of it (save as the applicable law expressly permits whereupon all and any modification, adaptations, improvements etc shall belong to, vest in and be the exclusive property of OOTP Developments on creation in any event);
(g) remove, disable or circumvent any proprietary notices or labels contained on or within FHM 4;
(h) export or re-export FHM 4 or any copy or adaptation in violation of any applicable laws or regulations; and
(i) create data or executable programs which mimic data or functionality in FHM 4.
(j) otherwise use, copy, transfer or distribute FHM 4 or part of it except as expressly permitted by this Licence.
4. Warranty
FHM 4 is provided without any warranties or guaranties save as specifically provided in these conditions and to the extent permitted by the applicable law.
This Licence does not affect your statutory rights as a consumer.
5. Liability
OOTP Developments will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of FHM 4, even if OOTP Developments has been advised of the possibility of such loss.
OOTP Developments will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if FHM 4 has been modified in any manner (not by OOTP Developments) after it has been bought.
OOTP Developments' liability shall not exceed the actual price paid for FHM 4.
OOTP Developments does not seek to exclude or limit its liability for any death or personal injury arising from its negligence.
If any of the conditions in this Licence are held to be invalid or void under any applicable law, the other provisions of these conditions will be unaffected and remain in full force and effect.
6.Termination
In addition to other rights of OOTP Developments that may be available to it, this Licence will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of FHM 4 and all of its component parts.
7. Injunction
Because OOTP Developments could be irreparably damaged if the terms of this Licence were not enforced, you acknowledge that OOTP Developments will take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
8. Indemnity
You agree to indemnify, defend and hold OOTP Developments, its partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using FHM 4 otherwise than in accordance with the terms of this Agreement.
9. Miscellaneous
This Licence represents the complete agreement between OOTP Developments and yourself in relation to the use of FHM 4 and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
If any provision of this Licence is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Licence shall not be affected.
Nothing in this Licence gives or claims to give to any third party any benefit or right to enforce any term of this Licence, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
FHM 4 is protected by the copyright laws of Germany, the United States and international copyright treaties. All rights in FHM 4 are owned by OOTP Developments or its licensors. No license under any invention, patent, copyright, trade secret or other proprietary right is granted, either directly or indirectly, by this Agreement or by any disclosure of Confidential Information hereunder except as specifically granted herein.
Please read the following information carefully as it sets out the terms upon which you are allowed by Out of the Park Developments GmbH & Co. KG of Vorderstr. 44a, 21723 Hollern-Tw., Germany ("OOTP Developments") to use Franchise Hockey Manager 4 ("FHM 4") incorporated in the game.
By installing, copying, or otherwise using FHM 4 (as defined below), you agree to be bound by the terms of this EULA.
If you do not agree to these terms, your use of FHM 4 will not be granted. Do not install, copy, or use the software. If you have proof of payment, you may return your license to use the software within fourteen (14) days for a refund of the license fee.
1. Licence to use the Software
The term "FHM 4" includes the software included in this game, the associated media, any software associated with the online mode of the game, any printed materials, and any online or electronic documentation, and any and all copies and derivative works of such software and materials.
OOTP Developments grants you a non-exclusive, non-transferable license to use two (2) copies of FHM 4 solely for the personal use of the licensee. The two copies may not be used by two people in two places at the same time. OOTP Developments grants the use of two copies of FHM 4 solely to provide the licensee with flexibility, and does not condone the use of the two licensed copies by users other than the licensee. All rights not specifically transferred by this Licence remain with OOTP Developments. FHM 4 is licensed to you and not sold. This licence does not give you any title or ownership in FHM 4 and should not be construed as a sale or transfer of any intellectual property rights to FHM 4.
You are authorized to make backup copies of FHM 4 for the sole purpose of protecting your investment. You may transfer FHM 4 freely from one computer to another, subject to the other requirements listed above.
2. Ownership of FHM 4
You agree and acknowledge that all right, title, interest and ownership rights in any and all copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ("Intellectual Property Rights"), in or connected with FHM 4 and any and all copies thereof (including in particular but not limited to any data, database, designs, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by OOTP Developments or its licensors (where relevant). FHM 4 may contain certain licensed materials and OOTP Developments or its licensors may protect their rights in the event of any violation of this Agreement.
3. Use of FHM 4
You agree only to use FHM 4 or any part of it in a manner which is consistent with this Licence and you shall not:
(a) without the permission of OOTP Developments use FHM 4 or any part of it for commercial use, for example use at a Internet cafe, computer gaming center or any other location-based site;
(b) without a further licence, use FHM 4, or permit the use of FHM 4, on more than two computers at the same time;
(c) make copies of FHM 4 or any part thereof;
(d) use FHM 4, or permit use of FHM 4, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by OOTP Developments and subject to acceptance of the terms and conditions of use;
(e) sell, rent, lease, license, distribute or otherwise transfer FHM 4 or any copies without the express prior written consent of OOTP Developments;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of FHM 4 modify, adapt, merge, translate, decompile or disassemble FHM 4 or any part of it (save as the applicable law expressly permits whereupon all and any modification, adaptations, improvements etc shall belong to, vest in and be the exclusive property of OOTP Developments on creation in any event);
(g) remove, disable or circumvent any proprietary notices or labels contained on or within FHM 4;
(h) export or re-export FHM 4 or any copy or adaptation in violation of any applicable laws or regulations; and
(i) create data or executable programs which mimic data or functionality in FHM 4.
(j) otherwise use, copy, transfer or distribute FHM 4 or part of it except as expressly permitted by this Licence.
4. Warranty
FHM 4 is provided without any warranties or guaranties save as specifically provided in these conditions and to the extent permitted by the applicable law.
This Licence does not affect your statutory rights as a consumer.
5. Liability
OOTP Developments will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of FHM 4, even if OOTP Developments has been advised of the possibility of such loss.
OOTP Developments will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if FHM 4 has been modified in any manner (not by OOTP Developments) after it has been bought.
OOTP Developments' liability shall not exceed the actual price paid for FHM 4.
OOTP Developments does not seek to exclude or limit its liability for any death or personal injury arising from its negligence.
If any of the conditions in this Licence are held to be invalid or void under any applicable law, the other provisions of these conditions will be unaffected and remain in full force and effect.
6.Termination
In addition to other rights of OOTP Developments that may be available to it, this Licence will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of FHM 4 and all of its component parts.
7. Injunction
Because OOTP Developments could be irreparably damaged if the terms of this Licence were not enforced, you acknowledge that OOTP Developments will take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
8. Indemnity
You agree to indemnify, defend and hold OOTP Developments, its partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using FHM 4 otherwise than in accordance with the terms of this Agreement.
9. Miscellaneous
This Licence represents the complete agreement between OOTP Developments and yourself in relation to the use of FHM 4 and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
If any provision of this Licence is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Licence shall not be affected.
Nothing in this Licence gives or claims to give to any third party any benefit or right to enforce any term of this Licence, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
FHM 4 is protected by the copyright laws of Germany, the United States and international copyright treaties. All rights in FHM 4 are owned by OOTP Developments or its licensors. No license under any invention, patent, copyright, trade secret or other proprietary right is granted, either directly or indirectly, by this Agreement or by any disclosure of Confidential Information hereunder except as specifically granted herein.