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Adam's Ascending - The 5 year solo game development journey made by Nick Depalo.
I hope you enjoy this product. Share the news of it to help us make better games that empower the world by inspiring it.
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[END USER LICENSE AGREEMENT]
v. 1 Nov 5 2020
Parable Worlds would like to thank you for getting Adam's Ascending. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you paid for Adam's Ascending you did not actually buy the game. What you bought was a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Parable Worlds and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING The Ball YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
The Adam's Ascending software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as “AA”) contains copyrighted material, trade secrets and other proprietary material of Parable Worldse and its licensors, licensees and suppliers. AA is licensed to you for your use. This license is a non exclusive limited license to install and use TB for yourself. Your continuing license to use AA is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use AA will immediately end, without any further notification from Parable Worlds or anyone else. Once your license is terminated, you will be obliged to immediately uninstall TB and all of its components.
2. N/A
3. Commercial Exploitation.
You may not use AA, or any Mods created for or from AA or any other tools provided with this AA, for any commercial purposes without the prior written consent of Parable Worlds or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the AA in a “pay for play” environment provided that all computers used have validly licensed AA installed, such AA having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Parable Worlds, operate the AA in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and can not do with AA, here is a list of restrictions to your use of AA under this EULA:
$ You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on AA, disassemble or otherwise reproduce AA.
$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute AA. You may not delete the copyright notices or any other proprietary legends on the original copy of AA.
$ You may not offer AA on a pay per play basis or otherwise commercially exploit AA or use AA for any commercial purpose except as described in this agreement.
$ You may not electronically transmit AA from one computer to another or over a network except as described in this agreement..
5. Export Controls
You may not ship or export AA to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize AA in violation of any applicable law. AA may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Copyright.
AA and all copyrights, trademarks and all other conceivable intellectual property rights related to the AA are owned by Parable Worlds or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws. TB must be treated like any other copyrighted material. Please do not make unauthorized copies. AA was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
7. Disclaimer of Warranty
You are aware and agree that use of AA and the media on which it is recorded, if any, is at your sole risk. AA is provided “AS IS.” PARABLE WORLDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL PARABLE WORLDS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING AA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for TB.
9. Controlling Law and Severability.
This license is governed by and construed in accordance with the laws of the State of Georgia, USA, and Sweden. Exclusive venue for all litigation shall be in San Jose County, California. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
10. Complete Agreement.
This EULA constitutes the entire agreement between the parties with respect to the use of AA, Mods and other related materials and software. Parable Worlds reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.ParableWorlds.com
11. Acceptance of Terms
By selecting the “I Agree” choice during the install and installing AA, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy AA...we hope you enjoy playing AA as much as we enjoyed making it for you
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices within Steams platform.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Parable Worlds reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. PARABLE WORLDS GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, PARABLE WORLDS EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARABLE WORLDS HAS THE RIGHT TO SEEK 10% REVENUE COUNT FROM STEAMERS, MEDIA, OR ANY INDIVIDUAL OR COMPANY THAT GENERATES OVER $100 FROM THIS GAMES CONTENT DURING USE.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $0.01. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if PARABLE WORLDS knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
AA 1.3
The person or persons who have associated work with this document and product (the "Dedicator" or "Certifier") hereby either (a) certifies that, to the best of his knowledge, the work of authorship identified is in the public domain of the country from which the work is published, or (b) hereby dedicates whatever copyright the dedicators holds in the work of authorship identified below (the "Work") to the public domain. A certifier, moreover, dedicates any copyright interest he may have in the associated work, and for these purposes, is described as a "dedicator" below.
A certifier has taken reasonable steps to verify the copyright status of this work. Certifier recognizes that his good faith efforts may not shield him from liability if in fact the work certified is not in the public domain.
Dedicator makes this dedication for the benefit of the public at large and to the detriment of the Dedicator's heirs and successors. Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, in the Work. Dedicator understands that such relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.
DotNetZip 1.8 (and 1.7)
License Terms: http://dotnetzip.codeplex.com/
Dual Quaternion Skinning Code
This software is provided 'as-is', without any express or implied warranty. In no event will the author(s) be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose including commercial, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment of the product is required.
2. This notice may not be removed or altered from any source distribution.
Parable Worlds
Copyright 2020.
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy,
merchantability, or fitness for a particular purpose. This software is provided 'AS IS", and you, its user, assume the entire risk as to
its quality and accuracy.
This software is copyright (C) 2020-2021, Nick Depalo.
THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL PARABLE WORLDS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
PARABLE WORLDS OWNS ALL RIGHT AND INTELLECTUAL RIGHTS OF THIS PRODUCT,
"Intellectual Property Rights" shall mean all proprietary rights, including all patents, trademarks, copyrights, know-how, trade secrets, mask works, including all applications and registrations thereto, and any other similar protected rights in any country
Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. We shall have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.
OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS. All rights, title and interest to all copies of the Software remain with PARABLE WORLDS, subsidiaries, licensors, or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. PARABLE WORLDS may make changes to the Software, or to items referenced therein, at any time and without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, PARABLE WORLDS grants no express or implied right under any PARABLE WORLDS dealings, patents, copyrights, trademarks, or other intellectual property rights.
All rights, title and interest in the Derivative Works of the Software remain with You subject to the underlying license from PARABLE WORLDS to the Software. You grant PARABLE WORLDS an irrevocable, perpetual, nonexclusive, worldwide, royalty-free paid-up license to make, have made, use, have used, sell, license, distribute, sublicense or otherwise transfer Derivative Works created by You that add functionality or improvement to the Software.
You have no obligation to give PARABLE WORLDS any suggestions, comments or other feedback ("Feedback") relating to the Software. However, PARABLE WORLDS may use and include any Feedback that You voluntarily provide to improve the Software or other related PARABLE WORLDS technology or content. Accordingly, if You provide Feedback, You agree PARABLE WORLDS and its licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Software or other related technologies without the payment of any royalties or fees.
- NO WARRANTIES.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. PARABLE WORLDS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. PARABLE WORLDS, NICK DEPALO, or INDIVIDUALS associated does not represent that errors or other defects will be identified or corrected.
- LIMITATION OF LIABILITY.
EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO EVENT SHALL PARABLE WORLDS, INDIVIDUALS ASSOCIATED TO THE COMPANY, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PARABLE WORLDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, PARABLE WORLD'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE UNITED STATES DOLLAR (USD$1.00).
- TERM.
This Agreement and the licenses granted hereunder shall be effective as of the date You download the applicable Software ("Effective Date") and continue for a period of one (1) year ("Initial Term") respectively, unless terminated earlier in accordance with the "Termination" provision of this Agreement. Unless either party notifies the other party of its intent to terminate this Agreement at least three (3) months prior to the end of the Initial Term or the applicable renewal period, this Agreement will be automatically renewed for one (1) year renewal periods thereafter, unless terminated in accordance with the "Termination" provision of this Agreement.
- TERMINATION.
PARABLE WORLDS may terminate this Agreement at any time if You violate its terms. Upon termination, You will immediately destroy the Software or return all copies of the Software to PARABLE WORLDS, and certify to PARABLE WORLDS in writing that such actions have been completed. Upon termination or expiration of this Agreement the license grants to Licensee shall terminate, except that sublicenses rightfully granted by Licensee under this Agreement in connection with Section 1(b) of this Agreement provided by Licensee prior to the termination or expiration of this Agreement shall survive in accordance with their respective form of license terms and conditions.
- SURVIVAL.
Those provisions in this Agreement, which by their nature need to survive the termination or expiration of this Agreement, shall survive termination or expiration of the Agreement, including but not limited to Sections 2, 3, 4, 5, 7, and 8.
- APPLICABLE LAWS.
Claims arising under this Agreement shall be governed by the laws of California or Washington State, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. You may not export the Software in violation of applicable export laws and regulations.
- AMENDMENT.
The Agreement shall not be modified except by a written agreement that names this Agreement and any provision to be modified, is dated subsequent to the Effective Date, and is signed by duly authorized representatives of both parties.
- NO WAIVER.
No failure or delay on the part of either party in the exercise of any right, power or remedy under this Agreement or under law, or to insist upon or enforce performance by the other party of any of the provisions of this Agreement or under law, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy; rather the provision, right, or remedy shall be and remain in full force and effect.
- NO ASSIGNMENT.
This Agreement and Licensee's rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Licensee without PARABLE WORLDS prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon Licensee's assignees.
- GOVERNMENT RESTRICTED RIGHTS.
The parties acknowledge that the Software is subject to U.S. export control laws and regulations. The parties agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
The Software has been developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure of the Software by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the Agreement under which the Software was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050. Use of the Software by the Government constitutes acknowledgment of NVIDIA1s proprietary rights therein.
- INDEPENDENT CONTRACTORS.
Licensee's relationship to PARABLE WORLDS is that of an independent contractor, and neither party is an agent or partner of the other. Licensee will not have, and will not represent to any third party that it has, any authority to act on behalf of PARABLE WORLDS.
- SEVERABILITY.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.
- ENTIRE AGREEMENT.
This Agreement and NDA constitute the entire agreement between the parties with respect to the subject matter contemplated herein, and merges all prior and contemporaneous communications.
- INDEMNIFICATION
Licensee shall defend, indemnify, and hold harmless Scaleform and its officers, employees, agents and representatives from any demand, claim, loss, liability or damage including, but not limited to, actual attorneys’ fees (collectively, a “Claim”), that Scaleform or any of them may incur arising from a breach by Licensee of its obligations with respect to these License Terms.
All content software (hereinafter “Software”) is licensed to you as an individual or the entity you represent by Parable Worlds. (“PW”) for use solely in conjunction with the Unity Engine (“UGE”).
You acknowledge and agree that you are not a third party beneficiary of any agreements between Unity. (“UN”) and PW.
You acknowledge and agree that PW is and shall be a third party beneficiary of the UN End User License Agreement between you and Unity (“UN EULA”).
You acknowledge and agree that no claim, action, or demand shall lie against PW with respect to any loss, cost, liability, damages, or expense arising out of or related to the UN EULA or the Software. For purposes of clarity, you shall not file any suit or bring any cause of action against PW with respect to the UN EULA or the Software and individuals involved in the game.
You acknowledge that PW has not made any warranties to you with respect to the Software, that PW expressly disclaims implied warranties of merchantability or fitness for a particular purpose, and that PW has no obligation to honor any warranties that Unity may provide to you in the UN EULA or otherwise.
Parable Worlds retains any and all right, title, interest, and intellectual property rights in and to the Software, including any results and/or proceeds created by you using the Software that may be embedded in the applications you develop using the UDK, and no title to such Software, including any results and/or proceeds, is transferred to you or any third party through the UDK EULA or otherwise.
You shall adhere to all applicable laws, regulations and rules relating to the export of technical data and shall not export or re-export any technical data, any products received from Unity, or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized.
Neither you nor any of your agents or consultants shall assign, sublicense, transfer, reproduce, copy, modify, disassemble, decompile, or otherwise reverse engineer any portion of the Software; provided, however, that you may make results and/or proceeds of any application created with the UN including the Software, available to your own end users under, and only under, the same terms that govern your use of and rights to the UN.
Valve
Steamworks Integration Code
VALVE CORPORATION
This End User License Agreement (“Valve EULA”) is a legal agreement between either you as an individual or the entity you represent (“You” or “Your”), and Valve Corporation, a Washington Corporation (“Valve”). This license is in addition to the Unreal Engine 3 UDK License Terms (the “UDK License”) and is expressly incorporated into the UDK License pursuant to Section 1 thereof. The purpose of this license is to allow You to use the Steamworks Integration Code (as defined in Section 1 below) and any updates thereto provided by Valve on the terms set forth below and in the UDK License. If You do not agree to the terms of this Agreement, You may not use the UDK (as defined in the UDK License) or the Steamworks Integration Code.
1. Steamworks Integration Code. Valve owns and operates an online system and client software known as Steam. For the purposes of this Valve EULA, “Steamworks” shall mean those Steam services and features that Valve decides, in its sole discretion, to make available to Your UDK Application. Pursuant to this Valve EULA, the UDK contains Valve code that allows You to prepare applications You created pursuant to the UDK License (“UDK Applications”) for integration with Steamworks (the “Steamworks Integration Code”). Solely with regard to the Steamworks Integration Code, in the event of conflict between the terms and conditions applicable to the UDK License and this Valve EULA, the terms and conditions of this Valve EULA shall govern.
2. License Grant. Provided that You comply with all the terms and conditions of the UDK License and the Valve EULA, Valve hereby grants to You a non-exclusive, personal, non-transferable, non-assignable and terminable limited license, solely for the purpose of evaluating and/or using Steamworks, to integrate the Steamworks Integration Code in Your UDK Applications and redistribute the Steamworks Integration Code as an intergrated part of Your UDK Application.
3. License Restrictions. Notwithstanding the license grant contained in Section 2, You may not:
a. use or exploit the following in any way that results in direct or indirect compensation or commercial gain in any form, personal or otherwise, to You or any other party: (a) the Steamworks Integration Code or Steamworks (or any portions thereof); (b) derivative works of the Steamworks Integration Code (or any portions thereof); or (c) applications which contain any Steamworks Integration Code; or (d) applications which contain any derivative works of any Steamworks Integration Code. Notwithstanding the forgoing, entrance of Your UDK Application and acceptance of prize money (in an amount not to exceed $100,000) in a contest (e.g. Make Something Unreal or Independent Games Festival) is permitted.
For the sake of clarity: If You would like to develop a commercial UDK Application that uses the Steam Integration Code or Steamworks, You must secure a commercial Steamworks license from Valve prior to the commercial release of your UDK Application.
b. use the Steamworks Integration Code to develop applications that compete with or could compete with the Steam or Steamworks.
c. reverse engineer or decompile the Steamworks Integration Code except and only to the extent that applicable law expressly permits, despite this limitation
d. release any Steamworks Integration Code or content under a license that is not from Valve.
e. use, reproduce, copy, redistribute, encumber, sell, rent, lease, assign, sublicense, transfer rights in, or display the Steamworks Integration Code for any purpose other than as expressly stated in Section 2.
f. transfer this agreement to any third party.
g. use the Steamworks Integration Code to develop cheats, hacks, or similar applications.
h. remove or modify any product identification or trademark, copyright, or proprietary notices, legends, symbols, labels, from the Steamworks Integration Code.
4. Ownership. Valve retains all right, title and interest in and to the Steamworks Integration Code. The Steamworks Integration Code is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws.
5. No Other Rights. You agree that this Valve EULA does not grant to You any rights other than what is granted in Section 2 above. Under no circumstances will the license grant set forth in Section 2 be construed as granting, by implication, estoppel or otherwise, a license to any Valve technology other than the Steamworks Integration Code. All rights not expressly granted herein as to the Steamworks Integration Code are expressly reserved by Valve.
6. Disclaimer of Warranty. THE STEAMWORKS INTEGRATION CODE AND ANY STEAM SERVICES AND FEATURES THAT VALVE DECIDES TO MAKE AVAILABLE TO YOU AND YOUR END USERS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE ARE ASSUMED BY YOU. VALVE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF TITLE OR NON-INFRINGEMENT WITH RESPECT TO STEAM OR THE STEAMWORKS INTEGRATION CODE.
7. Limitation of Liability. NEITHER VALVE, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOU OR YOUR END USERS USE OR INABILITY TO USE STEAM OR THE STEAMWORKS INTEGRATION CODE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL VALVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, STEAM, THE STEAMWORKS INTEGRATION CODE, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE STEAM OR THE STEAMWORKS INTEGRATION CODE OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF VALVE'S WARRANTY AND EVEN IF VALVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.
8. Applicable Law. You agree that this Valve EULA shall be deemed to have been made and executed in the State of Washington, USA, and any dispute arising hereunder shall be resolved in accordance with the law of Washington. You agree that any claim asserted in any legal proceeding by You against Valve shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and You hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Valve EULA, the prevailing party will be entitled to attorneys' fees and expenses.
9. Termination. Without prejudice to any other rights, (a) this Agreement will terminate immediately without notice from the other party if either party fails to comply with any of the terms or conditions of this Agreement, and (b) Valve may terminate this Agreement at any time, upon notice to You. Upon termination of this Agreement, You must cease all use and destroy all copies of the Steam Integration Code and all of its component parts, and any documentation related thereto. If You breach this Agreement, and Valve decides to take legal action against You, You shall pay for the reasonable costs of Valve’s attorneys.
10. Miscellaneous. In the event that any provision of this Valve EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Valve EULA shall remain in full force and effect. This Valve EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Valve EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Valve EULA.
Valve's obligations are subject to existing laws and legal process and Valve may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
You agree to comply with all applicable import/export laws and regulations of the United States and its governmental and regulatory agencies (including, without limitation, the Bureau of Export Administration and the U.S. Department of Commerce). You agree not to export the Steamworks Integration Code to countries which encryption exports are at the time of exportation restricted by the Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
wxWidgets
License Terms: http://www.wxwindows.org/about/licence3.txt
zlib
zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.3, July 18th, 2005
Copyright (C) 2014-2021 Parable Worlds
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files http://www.ietf.org/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format).
I hope you enjoy this product. Share the news of it to help us make better games that empower the world by inspiring it.
@ DePalo on Twitter
@ Nick_DePalo on Instagram
[END USER LICENSE AGREEMENT]
v. 1 Nov 5 2020
Parable Worlds would like to thank you for getting Adam's Ascending. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you paid for Adam's Ascending you did not actually buy the game. What you bought was a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Parable Worlds and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING The Ball YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
The Adam's Ascending software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as “AA”) contains copyrighted material, trade secrets and other proprietary material of Parable Worldse and its licensors, licensees and suppliers. AA is licensed to you for your use. This license is a non exclusive limited license to install and use TB for yourself. Your continuing license to use AA is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use AA will immediately end, without any further notification from Parable Worlds or anyone else. Once your license is terminated, you will be obliged to immediately uninstall TB and all of its components.
2. N/A
3. Commercial Exploitation.
You may not use AA, or any Mods created for or from AA or any other tools provided with this AA, for any commercial purposes without the prior written consent of Parable Worlds or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the AA in a “pay for play” environment provided that all computers used have validly licensed AA installed, such AA having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Parable Worlds, operate the AA in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and can not do with AA, here is a list of restrictions to your use of AA under this EULA:
$ You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on AA, disassemble or otherwise reproduce AA.
$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute AA. You may not delete the copyright notices or any other proprietary legends on the original copy of AA.
$ You may not offer AA on a pay per play basis or otherwise commercially exploit AA or use AA for any commercial purpose except as described in this agreement.
$ You may not electronically transmit AA from one computer to another or over a network except as described in this agreement..
5. Export Controls
You may not ship or export AA to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize AA in violation of any applicable law. AA may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Copyright.
AA and all copyrights, trademarks and all other conceivable intellectual property rights related to the AA are owned by Parable Worlds or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws. TB must be treated like any other copyrighted material. Please do not make unauthorized copies. AA was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
7. Disclaimer of Warranty
You are aware and agree that use of AA and the media on which it is recorded, if any, is at your sole risk. AA is provided “AS IS.” PARABLE WORLDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL PARABLE WORLDS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING AA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for TB.
9. Controlling Law and Severability.
This license is governed by and construed in accordance with the laws of the State of Georgia, USA, and Sweden. Exclusive venue for all litigation shall be in San Jose County, California. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
10. Complete Agreement.
This EULA constitutes the entire agreement between the parties with respect to the use of AA, Mods and other related materials and software. Parable Worlds reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.ParableWorlds.com
11. Acceptance of Terms
By selecting the “I Agree” choice during the install and installing AA, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy AA...we hope you enjoy playing AA as much as we enjoyed making it for you
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices within Steams platform.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Parable Worlds reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. PARABLE WORLDS GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, PARABLE WORLDS EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARABLE WORLDS HAS THE RIGHT TO SEEK 10% REVENUE COUNT FROM STEAMERS, MEDIA, OR ANY INDIVIDUAL OR COMPANY THAT GENERATES OVER $100 FROM THIS GAMES CONTENT DURING USE.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $0.01. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if PARABLE WORLDS knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
AA 1.3
The person or persons who have associated work with this document and product (the "Dedicator" or "Certifier") hereby either (a) certifies that, to the best of his knowledge, the work of authorship identified is in the public domain of the country from which the work is published, or (b) hereby dedicates whatever copyright the dedicators holds in the work of authorship identified below (the "Work") to the public domain. A certifier, moreover, dedicates any copyright interest he may have in the associated work, and for these purposes, is described as a "dedicator" below.
A certifier has taken reasonable steps to verify the copyright status of this work. Certifier recognizes that his good faith efforts may not shield him from liability if in fact the work certified is not in the public domain.
Dedicator makes this dedication for the benefit of the public at large and to the detriment of the Dedicator's heirs and successors. Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, in the Work. Dedicator understands that such relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.
DotNetZip 1.8 (and 1.7)
License Terms: http://dotnetzip.codeplex.com/
Dual Quaternion Skinning Code
This software is provided 'as-is', without any express or implied warranty. In no event will the author(s) be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose including commercial, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment of the product is required.
2. This notice may not be removed or altered from any source distribution.
Parable Worlds
Copyright 2020.
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy,
merchantability, or fitness for a particular purpose. This software is provided 'AS IS", and you, its user, assume the entire risk as to
its quality and accuracy.
This software is copyright (C) 2020-2021, Nick Depalo.
THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL PARABLE WORLDS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
PARABLE WORLDS OWNS ALL RIGHT AND INTELLECTUAL RIGHTS OF THIS PRODUCT,
"Intellectual Property Rights" shall mean all proprietary rights, including all patents, trademarks, copyrights, know-how, trade secrets, mask works, including all applications and registrations thereto, and any other similar protected rights in any country
Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. We shall have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.
OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS. All rights, title and interest to all copies of the Software remain with PARABLE WORLDS, subsidiaries, licensors, or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. PARABLE WORLDS may make changes to the Software, or to items referenced therein, at any time and without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, PARABLE WORLDS grants no express or implied right under any PARABLE WORLDS dealings, patents, copyrights, trademarks, or other intellectual property rights.
All rights, title and interest in the Derivative Works of the Software remain with You subject to the underlying license from PARABLE WORLDS to the Software. You grant PARABLE WORLDS an irrevocable, perpetual, nonexclusive, worldwide, royalty-free paid-up license to make, have made, use, have used, sell, license, distribute, sublicense or otherwise transfer Derivative Works created by You that add functionality or improvement to the Software.
You have no obligation to give PARABLE WORLDS any suggestions, comments or other feedback ("Feedback") relating to the Software. However, PARABLE WORLDS may use and include any Feedback that You voluntarily provide to improve the Software or other related PARABLE WORLDS technology or content. Accordingly, if You provide Feedback, You agree PARABLE WORLDS and its licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Software or other related technologies without the payment of any royalties or fees.
- NO WARRANTIES.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. PARABLE WORLDS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. PARABLE WORLDS, NICK DEPALO, or INDIVIDUALS associated does not represent that errors or other defects will be identified or corrected.
- LIMITATION OF LIABILITY.
EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO EVENT SHALL PARABLE WORLDS, INDIVIDUALS ASSOCIATED TO THE COMPANY, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PARABLE WORLDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, PARABLE WORLD'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE UNITED STATES DOLLAR (USD$1.00).
- TERM.
This Agreement and the licenses granted hereunder shall be effective as of the date You download the applicable Software ("Effective Date") and continue for a period of one (1) year ("Initial Term") respectively, unless terminated earlier in accordance with the "Termination" provision of this Agreement. Unless either party notifies the other party of its intent to terminate this Agreement at least three (3) months prior to the end of the Initial Term or the applicable renewal period, this Agreement will be automatically renewed for one (1) year renewal periods thereafter, unless terminated in accordance with the "Termination" provision of this Agreement.
- TERMINATION.
PARABLE WORLDS may terminate this Agreement at any time if You violate its terms. Upon termination, You will immediately destroy the Software or return all copies of the Software to PARABLE WORLDS, and certify to PARABLE WORLDS in writing that such actions have been completed. Upon termination or expiration of this Agreement the license grants to Licensee shall terminate, except that sublicenses rightfully granted by Licensee under this Agreement in connection with Section 1(b) of this Agreement provided by Licensee prior to the termination or expiration of this Agreement shall survive in accordance with their respective form of license terms and conditions.
- SURVIVAL.
Those provisions in this Agreement, which by their nature need to survive the termination or expiration of this Agreement, shall survive termination or expiration of the Agreement, including but not limited to Sections 2, 3, 4, 5, 7, and 8.
- APPLICABLE LAWS.
Claims arising under this Agreement shall be governed by the laws of California or Washington State, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. You may not export the Software in violation of applicable export laws and regulations.
- AMENDMENT.
The Agreement shall not be modified except by a written agreement that names this Agreement and any provision to be modified, is dated subsequent to the Effective Date, and is signed by duly authorized representatives of both parties.
- NO WAIVER.
No failure or delay on the part of either party in the exercise of any right, power or remedy under this Agreement or under law, or to insist upon or enforce performance by the other party of any of the provisions of this Agreement or under law, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy; rather the provision, right, or remedy shall be and remain in full force and effect.
- NO ASSIGNMENT.
This Agreement and Licensee's rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Licensee without PARABLE WORLDS prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon Licensee's assignees.
- GOVERNMENT RESTRICTED RIGHTS.
The parties acknowledge that the Software is subject to U.S. export control laws and regulations. The parties agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
The Software has been developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure of the Software by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the Agreement under which the Software was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050. Use of the Software by the Government constitutes acknowledgment of NVIDIA1s proprietary rights therein.
- INDEPENDENT CONTRACTORS.
Licensee's relationship to PARABLE WORLDS is that of an independent contractor, and neither party is an agent or partner of the other. Licensee will not have, and will not represent to any third party that it has, any authority to act on behalf of PARABLE WORLDS.
- SEVERABILITY.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.
- ENTIRE AGREEMENT.
This Agreement and NDA constitute the entire agreement between the parties with respect to the subject matter contemplated herein, and merges all prior and contemporaneous communications.
- INDEMNIFICATION
Licensee shall defend, indemnify, and hold harmless Scaleform and its officers, employees, agents and representatives from any demand, claim, loss, liability or damage including, but not limited to, actual attorneys’ fees (collectively, a “Claim”), that Scaleform or any of them may incur arising from a breach by Licensee of its obligations with respect to these License Terms.
All content software (hereinafter “Software”) is licensed to you as an individual or the entity you represent by Parable Worlds. (“PW”) for use solely in conjunction with the Unity Engine (“UGE”).
You acknowledge and agree that you are not a third party beneficiary of any agreements between Unity. (“UN”) and PW.
You acknowledge and agree that PW is and shall be a third party beneficiary of the UN End User License Agreement between you and Unity (“UN EULA”).
You acknowledge and agree that no claim, action, or demand shall lie against PW with respect to any loss, cost, liability, damages, or expense arising out of or related to the UN EULA or the Software. For purposes of clarity, you shall not file any suit or bring any cause of action against PW with respect to the UN EULA or the Software and individuals involved in the game.
You acknowledge that PW has not made any warranties to you with respect to the Software, that PW expressly disclaims implied warranties of merchantability or fitness for a particular purpose, and that PW has no obligation to honor any warranties that Unity may provide to you in the UN EULA or otherwise.
Parable Worlds retains any and all right, title, interest, and intellectual property rights in and to the Software, including any results and/or proceeds created by you using the Software that may be embedded in the applications you develop using the UDK, and no title to such Software, including any results and/or proceeds, is transferred to you or any third party through the UDK EULA or otherwise.
You shall adhere to all applicable laws, regulations and rules relating to the export of technical data and shall not export or re-export any technical data, any products received from Unity, or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized.
Neither you nor any of your agents or consultants shall assign, sublicense, transfer, reproduce, copy, modify, disassemble, decompile, or otherwise reverse engineer any portion of the Software; provided, however, that you may make results and/or proceeds of any application created with the UN including the Software, available to your own end users under, and only under, the same terms that govern your use of and rights to the UN.
Valve
Steamworks Integration Code
VALVE CORPORATION
This End User License Agreement (“Valve EULA”) is a legal agreement between either you as an individual or the entity you represent (“You” or “Your”), and Valve Corporation, a Washington Corporation (“Valve”). This license is in addition to the Unreal Engine 3 UDK License Terms (the “UDK License”) and is expressly incorporated into the UDK License pursuant to Section 1 thereof. The purpose of this license is to allow You to use the Steamworks Integration Code (as defined in Section 1 below) and any updates thereto provided by Valve on the terms set forth below and in the UDK License. If You do not agree to the terms of this Agreement, You may not use the UDK (as defined in the UDK License) or the Steamworks Integration Code.
1. Steamworks Integration Code. Valve owns and operates an online system and client software known as Steam. For the purposes of this Valve EULA, “Steamworks” shall mean those Steam services and features that Valve decides, in its sole discretion, to make available to Your UDK Application. Pursuant to this Valve EULA, the UDK contains Valve code that allows You to prepare applications You created pursuant to the UDK License (“UDK Applications”) for integration with Steamworks (the “Steamworks Integration Code”). Solely with regard to the Steamworks Integration Code, in the event of conflict between the terms and conditions applicable to the UDK License and this Valve EULA, the terms and conditions of this Valve EULA shall govern.
2. License Grant. Provided that You comply with all the terms and conditions of the UDK License and the Valve EULA, Valve hereby grants to You a non-exclusive, personal, non-transferable, non-assignable and terminable limited license, solely for the purpose of evaluating and/or using Steamworks, to integrate the Steamworks Integration Code in Your UDK Applications and redistribute the Steamworks Integration Code as an intergrated part of Your UDK Application.
3. License Restrictions. Notwithstanding the license grant contained in Section 2, You may not:
a. use or exploit the following in any way that results in direct or indirect compensation or commercial gain in any form, personal or otherwise, to You or any other party: (a) the Steamworks Integration Code or Steamworks (or any portions thereof); (b) derivative works of the Steamworks Integration Code (or any portions thereof); or (c) applications which contain any Steamworks Integration Code; or (d) applications which contain any derivative works of any Steamworks Integration Code. Notwithstanding the forgoing, entrance of Your UDK Application and acceptance of prize money (in an amount not to exceed $100,000) in a contest (e.g. Make Something Unreal or Independent Games Festival) is permitted.
For the sake of clarity: If You would like to develop a commercial UDK Application that uses the Steam Integration Code or Steamworks, You must secure a commercial Steamworks license from Valve prior to the commercial release of your UDK Application.
b. use the Steamworks Integration Code to develop applications that compete with or could compete with the Steam or Steamworks.
c. reverse engineer or decompile the Steamworks Integration Code except and only to the extent that applicable law expressly permits, despite this limitation
d. release any Steamworks Integration Code or content under a license that is not from Valve.
e. use, reproduce, copy, redistribute, encumber, sell, rent, lease, assign, sublicense, transfer rights in, or display the Steamworks Integration Code for any purpose other than as expressly stated in Section 2.
f. transfer this agreement to any third party.
g. use the Steamworks Integration Code to develop cheats, hacks, or similar applications.
h. remove or modify any product identification or trademark, copyright, or proprietary notices, legends, symbols, labels, from the Steamworks Integration Code.
4. Ownership. Valve retains all right, title and interest in and to the Steamworks Integration Code. The Steamworks Integration Code is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws.
5. No Other Rights. You agree that this Valve EULA does not grant to You any rights other than what is granted in Section 2 above. Under no circumstances will the license grant set forth in Section 2 be construed as granting, by implication, estoppel or otherwise, a license to any Valve technology other than the Steamworks Integration Code. All rights not expressly granted herein as to the Steamworks Integration Code are expressly reserved by Valve.
6. Disclaimer of Warranty. THE STEAMWORKS INTEGRATION CODE AND ANY STEAM SERVICES AND FEATURES THAT VALVE DECIDES TO MAKE AVAILABLE TO YOU AND YOUR END USERS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE ARE ASSUMED BY YOU. VALVE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF TITLE OR NON-INFRINGEMENT WITH RESPECT TO STEAM OR THE STEAMWORKS INTEGRATION CODE.
7. Limitation of Liability. NEITHER VALVE, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOU OR YOUR END USERS USE OR INABILITY TO USE STEAM OR THE STEAMWORKS INTEGRATION CODE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL VALVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, STEAM, THE STEAMWORKS INTEGRATION CODE, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE STEAM OR THE STEAMWORKS INTEGRATION CODE OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF VALVE'S WARRANTY AND EVEN IF VALVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.
8. Applicable Law. You agree that this Valve EULA shall be deemed to have been made and executed in the State of Washington, USA, and any dispute arising hereunder shall be resolved in accordance with the law of Washington. You agree that any claim asserted in any legal proceeding by You against Valve shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and You hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Valve EULA, the prevailing party will be entitled to attorneys' fees and expenses.
9. Termination. Without prejudice to any other rights, (a) this Agreement will terminate immediately without notice from the other party if either party fails to comply with any of the terms or conditions of this Agreement, and (b) Valve may terminate this Agreement at any time, upon notice to You. Upon termination of this Agreement, You must cease all use and destroy all copies of the Steam Integration Code and all of its component parts, and any documentation related thereto. If You breach this Agreement, and Valve decides to take legal action against You, You shall pay for the reasonable costs of Valve’s attorneys.
10. Miscellaneous. In the event that any provision of this Valve EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Valve EULA shall remain in full force and effect. This Valve EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Valve EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Valve EULA.
Valve's obligations are subject to existing laws and legal process and Valve may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
You agree to comply with all applicable import/export laws and regulations of the United States and its governmental and regulatory agencies (including, without limitation, the Bureau of Export Administration and the U.S. Department of Commerce). You agree not to export the Steamworks Integration Code to countries which encryption exports are at the time of exportation restricted by the Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
wxWidgets
License Terms: http://www.wxwindows.org/about/licence3.txt
zlib
zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.3, July 18th, 2005
Copyright (C) 2014-2021 Parable Worlds
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files http://www.ietf.org/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format).