Asteroid Fight
Copyright (c) 2017 Klaus Pfeiffer and Peter Podluczky

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using Asteroid Fight("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Klaus Pfeiffer and Peter Podluczky your use of Asteroid Fight indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Klaus Pfeiffer and Peter Podluczky grant to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Asteroid Fight in accordance with this Agreement and any other written agreement with Klaus Pfeiffer and Peter Podluczky. Klaus Pfeiffer and Peter Podluczky do not transfer the title of Asteroid Fight to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Klaus Pfeiffer and Peter Podluczky and the purchasers or users of Asteroid Fight.

If you do not agree to be bound by this agreement, remove Asteroid Fight from your computer now.

2. DISTRIBUTION

Asteroid Fight and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Asteroid Fight contact Klaus Pfeiffer and Peter Podluczky.

3. USER AGREEMENT

3.1 Use

Your license to use Asteroid Fight is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Asteroid Fight.

3.2 Use Restrictions

You shall use Asteroid Fight in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Asteroid Fight together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Asteroid Fight may be used by one user. Use of Asteroid Fight means that you have loaded, installed, or run Asteroid Fight on a computer or similar device. If you install Asteroid Fight onto a multi-user platform, server or network, each and every individual user of Asteroid Fight must be licensed separately.

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Asteroid Fight. Nor can you create any derivative works or other works that are based upon or derived from Asteroid Fight in whole or in part.

Klaus Pfeiffer and Peter Podluczky's name, logo and graphics file that represents Asteroid Fight shall not be used in any way to promote products developed with Asteroid Fight. Klaus Pfeiffer and Peter Podluczky retains sole and exclusive ownership of all right, title and interest in and to Asteroid Fight and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Asteroid Fight, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of this licence. All rights not expressly granted hereunder are reserved for Klaus Pfeiffer and Peter Podluczky.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Klaus Pfeiffer and Peter Podluczky, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Klaus Pfeiffer and Peter Podluczky's Software.

In no event (including, without limitation, in the event of negligence) will Klaus Pfeiffer and Peter Podluczky, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Asteroid Fight or the use or inability to use Asteroid Fight or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Klaus Pfeiffer and Peter Podluczky's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Klaus Pfeiffer and Peter Podluczky) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Klaus Pfeiffer and Peter Podluczky.

3.5 Warranties

Except as expressly stated in writing, Klaus Pfeiffer and Peter Podluczky makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of Austria applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Austria therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Asteroid Fight and destroy all copies of Asteroid Fight supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ASTEROID FIGHT AS WELL.

5. CONSENT OF USE OF DATA

You agree that Klaus Pfeiffer and Peter Podluczky may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Asteroid Fight. Klaus Pfeiffer and Peter Podluczky may also use this information to provide notices to you which may be of use or interest to you.