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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (EULA) (THE “AGREEMENT”) BEFORE INSTALLING RAILROADS ONLINE!, (THE “GAME SOFTWARE”).
BY INSTALLING, COPYING, RUNNING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU ACCEPT THE TERMS OF THIS AGREEMENT AS SET FOURTH BY STEFAN KELNBERGER. FURTHERMORE YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
By selecting „I ACCEPT“ YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT and you indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
By selecting „I DO NOT ACCEPT“ YOU DISAGREE TO THE TERMS SET FORTH IN THIS AGREEMENT and STEFAN KELNBERGER shall not grant to you the License to the Game Software which is defined below.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game. Furthermore it includes the associated media, any online or electronic documentation, and any and all copies of such software and materials. STEFAN KELNBERGER grants to you the right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time. The right and license is non-exclusive, non-transferable, limited and without exeption only for your personal use. All rights not specifically granted under this License are hereby reserved by Stefan Kelnberger and, as applicable, by its licensors. The Game Software is hereby licensed and not sold. This License does not grant any title or ownership in the Game software. It is not a sale or transfer of any intellectual property or other rights of the Game Software.
OWNERSHIP
All title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, “applets” incorporated into the Game Software, and any related documentation) are owned by Stefan Kelnberger or its licensors. The Game Software is protected by the copyright laws of Germany, international copyright treaties and conventions, German and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Stefan Kelnberger from others. In the event of any violation of this Agreement Stefan Kelnberger and Stefan Kelnberger’s licensors may protect their rights.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Stefan Kelnberger, use, advertise or exploit the Game Software commercially;
(b) without a separate, additional license from Stefan Kelnberger, use the Game Software or permit the use of the Game Software, on more than one computer, electronic device or virtual machine;
(c) use the Game Software, or permit use of the Game Software, in any kind of network, except as otherwise explicitly permitted in writing by Stefan Kelnberger;
(d) make copies of the Game Software or any part of it, with the exeption that you may make one (1) copy of the Game Software for backup or archival purposes;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site without the written consent of Stefan Kelnberger. This includes also portions of this Game Software or any copies.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, created by Stefan Kelnberger and/or its licensors used in this Game Software;
(g) disable, remove or circumvent any security measures that control access to the Game Software;
(h) manipulate any proprietary notices or labels contained on or within the Game Software;
(i) export or the Game Software;
GAME SOFTWARE UPDATES AND PATCHES
Stefan Kelnberger may provide updates, patches and other modifications to the Game Software. The updates must be installed for the user to add new content, fix software errors or to continue to play the game properly or at all. Stefan Kelnberger may update, patch or modify the Game Software. All provisions of this Agreement that refer to the “Game Software” also include all such patches, updates and modifications.
USER GENERATED CONTENT
The Game Software may include user generated content.
User generated content includes but is not limited to 3d models, animations, textures, fonts, sound- and/or audio files and scripts created by you by the means of third party software.
You have the possibility to voluntarily provide user generated content which you have the author's rights to for the Game Software and Stefan Kelnberger to be used in the Game Software.
By downloading and installing the Game Software you agree that any user generated content that was created by you and submitted to the Game Software or Stefan Kelnberger to be used in the Game Software can be used in the Game Software for as long as the Game Software is available for sale on the Steam™ online platform.
You confirm that any user generated content provided by you is solely your own work of which you have the complete author's rights to.
You agree that the Game Software and Stefan Kelnberger are not responsible and can not be held liable for any damages that may be caused by you by providing wrogful user generated content.
You agree that you are solely responsible for any damages that may be caused by providing wrongful user generated content.
WARRANTY
THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY STEFAN KELNBERGER OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL STEFAN KELNBERGER OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, 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 THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF STEFAN KELNBERGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL STEFAN KELNBERGER OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. STEFAN KELNBERGER‘S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
The License shall remain in effect for as long as you use, operate or run the Game Software. If you fail to comply with its terms and conditions, the License shall be terminated automatically. You must uninstall and destroy all copies of the Game Software In such event, you agree to uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying or uninstalling the Game Software located at your computer(s) or other applicable hardware. You agree that the Sections entitled “Ownership,” “License Conditions and Restrictions,” "User Generated Content," “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
You agree that Stefan Kelnberger shall be entitled, without bond or other security or proof of damages, to enforce the terms of this Agreement 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, because Stefan Kelnberger would be irreparably damaged.
INDEMNITY
You agree to indemnify, defend and hold harmless Stefan Kelnberger, his partners, his affiliates, his contractors and his licensors from all claims, damages, costs, expenses and reasonable legal fees arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
AMENDMENTS
Stefan Kelnberger reserves the right to modify this Agreement at any time but will communicate such changes through the Steam service. You may terminate this Agreement in accordance with the above Termination provisions, if any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement. By installing and using any updates or modifications to the Game Software or by your continued use of the Game Software following notice of changes to this Agreement you will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Stefan Kelnberger concerning the License and your rights to use the Game Software. Furthermore this agreement supersedes all prior agreements and representations, warranties or understandings between you and Stefan Kelnberger (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement 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 Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the respective License, you may contact Stefan Kelnberger by using the contact information provided on the Steam™ online platform.
BY INSTALLING, COPYING, RUNNING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU ACCEPT THE TERMS OF THIS AGREEMENT AS SET FOURTH BY STEFAN KELNBERGER. FURTHERMORE YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
By selecting „I ACCEPT“ YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT and you indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
By selecting „I DO NOT ACCEPT“ YOU DISAGREE TO THE TERMS SET FORTH IN THIS AGREEMENT and STEFAN KELNBERGER shall not grant to you the License to the Game Software which is defined below.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game. Furthermore it includes the associated media, any online or electronic documentation, and any and all copies of such software and materials. STEFAN KELNBERGER grants to you the right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time. The right and license is non-exclusive, non-transferable, limited and without exeption only for your personal use. All rights not specifically granted under this License are hereby reserved by Stefan Kelnberger and, as applicable, by its licensors. The Game Software is hereby licensed and not sold. This License does not grant any title or ownership in the Game software. It is not a sale or transfer of any intellectual property or other rights of the Game Software.
OWNERSHIP
All title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, “applets” incorporated into the Game Software, and any related documentation) are owned by Stefan Kelnberger or its licensors. The Game Software is protected by the copyright laws of Germany, international copyright treaties and conventions, German and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Stefan Kelnberger from others. In the event of any violation of this Agreement Stefan Kelnberger and Stefan Kelnberger’s licensors may protect their rights.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Stefan Kelnberger, use, advertise or exploit the Game Software commercially;
(b) without a separate, additional license from Stefan Kelnberger, use the Game Software or permit the use of the Game Software, on more than one computer, electronic device or virtual machine;
(c) use the Game Software, or permit use of the Game Software, in any kind of network, except as otherwise explicitly permitted in writing by Stefan Kelnberger;
(d) make copies of the Game Software or any part of it, with the exeption that you may make one (1) copy of the Game Software for backup or archival purposes;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site without the written consent of Stefan Kelnberger. This includes also portions of this Game Software or any copies.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, created by Stefan Kelnberger and/or its licensors used in this Game Software;
(g) disable, remove or circumvent any security measures that control access to the Game Software;
(h) manipulate any proprietary notices or labels contained on or within the Game Software;
(i) export or the Game Software;
GAME SOFTWARE UPDATES AND PATCHES
Stefan Kelnberger may provide updates, patches and other modifications to the Game Software. The updates must be installed for the user to add new content, fix software errors or to continue to play the game properly or at all. Stefan Kelnberger may update, patch or modify the Game Software. All provisions of this Agreement that refer to the “Game Software” also include all such patches, updates and modifications.
USER GENERATED CONTENT
The Game Software may include user generated content.
User generated content includes but is not limited to 3d models, animations, textures, fonts, sound- and/or audio files and scripts created by you by the means of third party software.
You have the possibility to voluntarily provide user generated content which you have the author's rights to for the Game Software and Stefan Kelnberger to be used in the Game Software.
By downloading and installing the Game Software you agree that any user generated content that was created by you and submitted to the Game Software or Stefan Kelnberger to be used in the Game Software can be used in the Game Software for as long as the Game Software is available for sale on the Steam™ online platform.
You confirm that any user generated content provided by you is solely your own work of which you have the complete author's rights to.
You agree that the Game Software and Stefan Kelnberger are not responsible and can not be held liable for any damages that may be caused by you by providing wrogful user generated content.
You agree that you are solely responsible for any damages that may be caused by providing wrongful user generated content.
WARRANTY
THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY STEFAN KELNBERGER OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL STEFAN KELNBERGER OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, 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 THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF STEFAN KELNBERGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL STEFAN KELNBERGER OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. STEFAN KELNBERGER‘S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
The License shall remain in effect for as long as you use, operate or run the Game Software. If you fail to comply with its terms and conditions, the License shall be terminated automatically. You must uninstall and destroy all copies of the Game Software In such event, you agree to uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying or uninstalling the Game Software located at your computer(s) or other applicable hardware. You agree that the Sections entitled “Ownership,” “License Conditions and Restrictions,” "User Generated Content," “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
You agree that Stefan Kelnberger shall be entitled, without bond or other security or proof of damages, to enforce the terms of this Agreement 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, because Stefan Kelnberger would be irreparably damaged.
INDEMNITY
You agree to indemnify, defend and hold harmless Stefan Kelnberger, his partners, his affiliates, his contractors and his licensors from all claims, damages, costs, expenses and reasonable legal fees arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
AMENDMENTS
Stefan Kelnberger reserves the right to modify this Agreement at any time but will communicate such changes through the Steam service. You may terminate this Agreement in accordance with the above Termination provisions, if any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement. By installing and using any updates or modifications to the Game Software or by your continued use of the Game Software following notice of changes to this Agreement you will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Stefan Kelnberger concerning the License and your rights to use the Game Software. Furthermore this agreement supersedes all prior agreements and representations, warranties or understandings between you and Stefan Kelnberger (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement 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 Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the respective License, you may contact Stefan Kelnberger by using the contact information provided on the Steam™ online platform.