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v1.3
Section 1. Dragon Map Maker (Indie Licence)
These licence terms are a legally binding agreement between you (Hereinafter: "the user" or "you") and Dragon Maps Ltd, Registered Office at Twelve Quays House, Egerton Wharf, Wirral, CH41 1LD and Registered in England & Wales with Company number 13464299 (Hereinafter: "Dragon Maps", "we", "us" or "our") governing your use of the application "Dragon Map Maker" (Hereinafter: "the Software" or "Dragon Map Maker"). These terms, as updated from time to time in accordance with this EULA, apply to any full version, demo/trial version, updates, DLC, enhancements, support and internet-based services associated with the Software.
By using, installing, downloading or making any copy of the software, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the software and must remove and delete or destroy any copy of the software in your possession.
Hereafter the usage of the word "maps" or "map" will refer to content created using the Dragon Map Maker software.
Hereafter the usage of the word "website" will refer to the Dragon Maps Ltd website (www.dragonmapmaker.com).
Section 2. Ownership of the Software
Dragon Maps retains ownership of the Software and reserves all rights to the Software. No proprietary rights are assigned or transferred under this EULA. You may not copy, reproduce, decompile or reverse engineer the Software except as permitted by law or this EULA. This EULA does not give you any right to sub-license the Software.
What this Means: We are giving you a licence to use the software, but we still own it. You can only use the software as permitted under this EULA.
IMPORTANT: PLEASE READ THIS LICENCE CAREFULLY BEFORE USING THE SOFTWARE.
Section 3. Grant of Licence
We grant the user a personal, non-exclusive, non-transferable, non-sublicensable, revocable and temporary "Indie Licence" (Hereinafter: "Licence" or "Indie Licence") to access and use the Software, subject to the terms of this EULA.
You may install the software on as many devices as you please, but you may only operate one instance of the software at any time through the account it was purchased on.
3.1 Withdrawl of Licence
We reserve the right to withdraw the licence to use the software if it is found that you are breaking any of the terms of this EULA.
3.2 Restrictions on Use
Unless otherwise permitted by law or this EULA, you must not:
(a). work around any technical limitations in the software or its security measures;
(b). reverse engineer, decompile or disassemble the software, or disclose the algorithmic nature or describe any part of the source code or inner workings of the Software;
(c). publish the software for others to copy;
(d). use the software in any illegal or immoral way, or for any such purpose;
(e). copy, rent (such as an internet cafe, arcade, or public library), lease or lend the software;
(f). Copy works from other users/third parties without their prior written consent.
(g). Rip, remove or extract assets from the software.
(h). Maps created in the software may not be used to train AI in any way (The term "AI" refers to any type of algorithm or program that can use data such as a map image to create new iterations of that type of content, either directly or through "AI learning/training" techniques).
It is the responsibility of the entity that owns the AI to conform to this rule. If it is found that "Dragon Map Maker" created maps have been used to train an AI, the entity responsible for that AI must remove the training data from its AI data model and pay a yearly licencing fee applied from the date the AI could first be used to create map images. The fee will be applied to subsequent years on the date of the first licensing fee until the entity with control of the AI complies with this EULA. The yearly Licencing fee amount will be determined by Dragon Maps Ltd.
3.3. Commercial use of maps under the Indie Licence
The aim of this Indie licence is to allow Indie creators the ability to include maps with their products without any extra licence fee while protecting the existing TTRPG map-making community.
This Indie licence is not for larger creators and companies, please contact dragonmapmaker@gmail.com to negotiate a licence for your products.
The user is granted an "Indie Licence" to use the software to create maps for limited commercial use under the restrictions listed below (3.3.1,3.3.2). If the user can not meet these requirements then the user accepts that the use of the software is not allowed for commercial use.
3.3.1 Indie Licence commercial usage eligibility:
(a). Your annual gross revenue from creative work linked to the TTRPG and gaming industry must be less than USD $100,000 per year.
(b). If you are creating/supplying content using the software for a commercial entity, that entity must generate less than $100,000 USD per year whether you are a freelancer, contractor, part-time or full-time employee.
(c). In the case that the user or entity exceeds the $100,000 yearly earnings cap (3.3.1.a or 3.3.1.b) at this time the user agrees that the Indie Licence is no longer valid and the user must contact Dragon Maps (dragonmapmaker@gmail.com) to negotiate a Full Commercial Licence.
What this Means: If you or the company/entity you're making maps for earns more than $100,000 gross revenue from TTRPG products within a financial year you don't qualify for the Indie Licence and will have to contact Dragon Maps to negotiate a Full Commercial Licence if you want to sell maps with your product.
3.3.2 Restrictions for map usage under the Indie Licence:
(a). Maps must NOT be sold on their own or in map packs. (sold also includes donations or patronage. )
(b). You may use the Software to create maps as part of a larger product and monetise it as a digital or a physical product or part of either.
What this Means:
Essentially your product should not be just a map or a collection of maps. You must include additional content along with the map(s).
Examples of products including maps that are allowed:
(1). Adventure modules (large or small) with maps relevant to the encounters and locations in the module.
(2). An Encounter/Battle map with included descriptive text and encounter suggestions for the specific map(s) included.
(3). A campaign book with added map(s) for relevant encounters/areas.
(4). A setting/world book with added map(s) for relevant areas.
(5). Map(s) with other products included that have a similar theme. Like Desert creature tokens or minis bundled with desert maps.
3.3.3 Online streams, Live Play Sessions and paid DM'ing
Maps may be used in online streams and live play sessions (Twitch, YouTube etc) as long as "Dragon Map Maker" is credited in the show notes or on the stream. Online streams, Live play sessions and paid DM'ing do not fall under the commercial usage terms (3.3.1).
What this Means: You can use maps in streams, live play sessions and paid DM'ed games even if you earn over $100,000 per year from TTRPG linked income.
3.3.4 The User furthermore agrees and acknowledges that we have the right to contact the User if we have reasons to believe that the User has exceeded the annual gross revenue as seen in sections 3.31.a or 3.31.b and that we have the right to request from such User any and all reasonable financial information to verify ("right to audit") whether the User has exceeded the aforementioned annual gross revenue. In case a User fails to comply with such request, we can unilaterally terminate this Agreement (as set out in section 15).
Section 4. Software native content usage and Intellectual property
4.1 Native tilesets, textures or 3d objects supplied with the Software or DLC are an integral part of the application and may be used only with the Software. (please contact dragonmapmaker@gmail.com for usage rights if you are uncertain)
What this Means: You decided to use the Software as a level design tool for your indie video-game, and use it to create a tileset. This is not the intended purpose of the software and would need a Full Commercial licence, even if the game is free. (Full Commercial licences for specific products may be granted upon request)
4.2 All intellectual property rights, including, copyrights, patent rights, trademarks, designs, know-how, concepts, images, drawings, models, brands, logos, software, textures etc. that are provided in the software or website, whether registered or not, are the property of Dragon Maps or its licensors (hereinafter: "Intellectual Property Rights").
4.3 No single element of these Terms of Use may be construed as a transfer of these Intellectual Property Rights. It is only a right to use the Software that is granted, within the restrictions set down in sections 3.2 and 3.3 of the EULA.
Section 5. Third-Party Components
5.1 The Software incorporates some third-party components, which are subject to applicable third-party software licences, incorporated by reference. A list of these third-party components is available upon request to dragonmapmaker@gmail.com
5.2 BY AGREEING TO THE TERMS OF THIS EULA, YOU AGREE TO BE BOUND BY THESE APPLICABLE THIRD-PARTY SOFTWARE LICENCES.
What this Means: The software includes some code written and owned by third parties they still own that code, and you also agree to their licence terms.
Section 6. Software Updates and DLC
6.1 We may release updates, patches, DLC, or new versions of the Software from time to time. However, Dragon Maps makes no commitment to update the software. You have no automatic right to any updates or DLC, but where we choose to provide these to you, they shall be considered part of the Software and shall be governed by the terms of this EULA.
Section 7. Entire Agreement
7.1 This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Software.
Section 8. Updates to this EULA
8.1 We may update this EULA from time to time by notice on our website https://www.dragonmapmaker.com or by including the updated EULA in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or the user installing the Software update, without further notice to you.
Section 9. Waiver
9.1 Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
Section 10. Legal Fees
10.1 In the event that we obtain the legal assistance to enforce this EULA for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this EULA may be recovered from you.
Section 11. Dispute Resolution
11.1 You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting dragonmapmaker@gmail.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
11.2 This EULA establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This EULA will only change your rights under the laws of your state or country to the extent permitted by those laws.
Section 13. Representatives, Successors and Assigns
We may assign or novate our rights and obligations under this EULA at any time by notice on our website. Upon such assignment or novation, our obligations and benefits under this EULA are binding on and shall benefit our respective representatives, successors and assigns.
Section 14. Warranties and Limitation of Liability
14.1 Nothing in this Licence shall operate to exclude or limit either party's liability for:
a.) death or personal injury caused by its negligence; or
b.) fraud; or
c.) any other liability which cannot be excluded or limited under applicable law.
14.2 All terms of the Licence shall take effect subject to this.
14.3 Local laws may apply to protect the rights of individuals who purchase the software in their individual capacity outside a commercial enterprise, such as consumers. Nothing in this Licence shall operate to exclude or reduce such protection. If you think this may apply to you, please consult a consumer advice organisation.
Warranties
14.4 The software is supplied to you "as is" and "as available" with any and all faults and defects and without any warranties by Dragon Maps or its licensors of any kind.
14.5 It is your responsibility to ensure the software performs the purpose for which it is required and will function properly in the environment in which it is to be used. The software is used at your sole risk and you are responsible for any cost of repair, corrections or servicing. You acknowledge installation of the software may affect the usability of third-party software or third-party services.
14.6 Without limitation, please note that no representation or warranty is given by Dragon Maps or its licensors that:
a.) the software will meet your requirements; or
b.) any information or data provided with the software is accurate, error-free or comprehensive; or
c.) operation of the software will be uninterrupted or error-free; or
d.) any content available for downloading from us is free from viruses or any other contamination or destructive features; or
e.) you will enjoy the use of the software free from interference; or
f.) the software will continue to be made available or maintained or supported or that any defects will be corrected; or
g.) the software will be compatible with any third-party software, third-party services, third-party external services;
h.) the software or external services or third-party external services will be available or accessible in any language or from any location or are appropriate for use in any location.
14.7 To the extent possible under the applicable law, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
What this Means: The Software is provided as-is. You may have rights under consumer law, but we don't give any enhanced warranty or other guarantees
Limitation of Liability
14.8 Dragon Maps and its licensors shall have no liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: i) special damage even though Dragon Maps was aware of the circumstances in which such special damage could arise; ii) loss of profits; iii) loss of anticipated savings; iv) loss of business opportunity; v) loss of goodwill; vi) loss or corruption of data; vii) errors, mistakes, or inaccuracies of content in the software or website; viii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the software or website; ix) any unauthorized access to or use of our servers and/or software and/or website and/or any and all personal information and/or financial information stored therein (including any and all user submissions); x) any interruption or cessation of transmission to or from the software, website or our servers; xi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the software or website by any third party; xii) any loss of your data or content from the website or software; xiii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the software or the website; xiv) content created by the User using the Software; xv) any infringement by its Users of the intellectual property rights of third parties and/or other Users; xvi) any cause independent of human control that occurred after the software or services were supplied.
14.9 The total liability of Dragon Maps, whether in contract, tort (including negligence) or otherwise and whether in connection with this Licence or any collateral contract, shall in no circumstances exceed the total sums payable by you to us for use of the software.
14.10 You agree that, in entering into this Licence, either you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Licence or (if you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) Dragon Maps shall have no liability other than in accordance with the express terms of this Licence.
14.11 You agree to release, indemnify, defend and hold harmless us, our officers, employees, agents and contractors from any and all liability or for claims associated with or arising from the misuse of the software by you or by anyone to whom you allow to access Software.
14.12 We only accept liability as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable by law, any condition or warranty which would otherwise be implied in this EULA is excluded.
14.13 The User is solely responsible and liable for the content that he/she creates using the Software. The User shall indemnify and hold Dragon Maps harmless for any and all claims from third parties regarding any content created by the User.
What this Means: Without precluding your consumer rights, you agree not to sue us for any loss that relates to the use of the software.
Section 15. Termination
15.1 This Licence will terminate automatically on any material breach by you of its terms.
15.2 On termination, you must cease all use of the Software and delete all copies in your possession.
15.3 Any provision of this Licence which expressly or by implication is intended to come into or continue in force on or after termination of this Licence shall remain in full force and effect.
15.4 The User recognizes that in case of termination by Dragon Maps he/she has no right to any indemnification.
Section 16. Severability
16.1 If any of these terms are held to be invalid or unenforceable by a court of law, the term(s) will be excluded, and the remaining valid terms will remain in full force. In such an event, the parties involved shall in good faith amend the invalid or unenforceable terms and/or agree on a term(s) in such a way as to reflect in so far as is possible the purpose of the invalid or unenforceable term(s).
16.2 This EULA does not affect your rights in relation to any third party from whom you acquired the Software.
Section 17. Miscellaneous
17.1 Each party to this agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the English courts.
Please direct any questions, comments or concerns about this EULA to dragonmapmaker@gmail.com
End User Licence Agreement (EULA)
Section 1. Dragon Map Maker (Indie Licence)
These licence terms are a legally binding agreement between you (Hereinafter: "the user" or "you") and Dragon Maps Ltd, Registered Office at Twelve Quays House, Egerton Wharf, Wirral, CH41 1LD and Registered in England & Wales with Company number 13464299 (Hereinafter: "Dragon Maps", "we", "us" or "our") governing your use of the application "Dragon Map Maker" (Hereinafter: "the Software" or "Dragon Map Maker"). These terms, as updated from time to time in accordance with this EULA, apply to any full version, demo/trial version, updates, DLC, enhancements, support and internet-based services associated with the Software.
By using, installing, downloading or making any copy of the software, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the software and must remove and delete or destroy any copy of the software in your possession.
Hereafter the usage of the word "maps" or "map" will refer to content created using the Dragon Map Maker software.
Hereafter the usage of the word "website" will refer to the Dragon Maps Ltd website (www.dragonmapmaker.com).
Section 2. Ownership of the Software
Dragon Maps retains ownership of the Software and reserves all rights to the Software. No proprietary rights are assigned or transferred under this EULA. You may not copy, reproduce, decompile or reverse engineer the Software except as permitted by law or this EULA. This EULA does not give you any right to sub-license the Software.
What this Means: We are giving you a licence to use the software, but we still own it. You can only use the software as permitted under this EULA.
IMPORTANT: PLEASE READ THIS LICENCE CAREFULLY BEFORE USING THE SOFTWARE.
Section 3. Grant of Licence
We grant the user a personal, non-exclusive, non-transferable, non-sublicensable, revocable and temporary "Indie Licence" (Hereinafter: "Licence" or "Indie Licence") to access and use the Software, subject to the terms of this EULA.
You may install the software on as many devices as you please, but you may only operate one instance of the software at any time through the account it was purchased on.
3.1 Withdrawl of Licence
We reserve the right to withdraw the licence to use the software if it is found that you are breaking any of the terms of this EULA.
3.2 Restrictions on Use
Unless otherwise permitted by law or this EULA, you must not:
(a). work around any technical limitations in the software or its security measures;
(b). reverse engineer, decompile or disassemble the software, or disclose the algorithmic nature or describe any part of the source code or inner workings of the Software;
(c). publish the software for others to copy;
(d). use the software in any illegal or immoral way, or for any such purpose;
(e). copy, rent (such as an internet cafe, arcade, or public library), lease or lend the software;
(f). Copy works from other users/third parties without their prior written consent.
(g). Rip, remove or extract assets from the software.
(h). Maps created in the software may not be used to train AI in any way (The term "AI" refers to any type of algorithm or program that can use data such as a map image to create new iterations of that type of content, either directly or through "AI learning/training" techniques).
It is the responsibility of the entity that owns the AI to conform to this rule. If it is found that "Dragon Map Maker" created maps have been used to train an AI, the entity responsible for that AI must remove the training data from its AI data model and pay a yearly licencing fee applied from the date the AI could first be used to create map images. The fee will be applied to subsequent years on the date of the first licensing fee until the entity with control of the AI complies with this EULA. The yearly Licencing fee amount will be determined by Dragon Maps Ltd.
3.3. Commercial use of maps under the Indie Licence
The aim of this Indie licence is to allow Indie creators the ability to include maps with their products without any extra licence fee while protecting the existing TTRPG map-making community.
This Indie licence is not for larger creators and companies, please contact dragonmapmaker@gmail.com to negotiate a licence for your products.
The user is granted an "Indie Licence" to use the software to create maps for limited commercial use under the restrictions listed below (3.3.1,3.3.2). If the user can not meet these requirements then the user accepts that the use of the software is not allowed for commercial use.
3.3.1 Indie Licence commercial usage eligibility:
(a). Your annual gross revenue from creative work linked to the TTRPG and gaming industry must be less than USD $100,000 per year.
(b). If you are creating/supplying content using the software for a commercial entity, that entity must generate less than $100,000 USD per year whether you are a freelancer, contractor, part-time or full-time employee.
(c). In the case that the user or entity exceeds the $100,000 yearly earnings cap (3.3.1.a or 3.3.1.b) at this time the user agrees that the Indie Licence is no longer valid and the user must contact Dragon Maps (dragonmapmaker@gmail.com) to negotiate a Full Commercial Licence.
What this Means: If you or the company/entity you're making maps for earns more than $100,000 gross revenue from TTRPG products within a financial year you don't qualify for the Indie Licence and will have to contact Dragon Maps to negotiate a Full Commercial Licence if you want to sell maps with your product.
3.3.2 Restrictions for map usage under the Indie Licence:
(a). Maps must NOT be sold on their own or in map packs. (sold also includes donations or patronage. )
(b). You may use the Software to create maps as part of a larger product and monetise it as a digital or a physical product or part of either.
What this Means:
Essentially your product should not be just a map or a collection of maps. You must include additional content along with the map(s).
Examples of products including maps that are allowed:
(1). Adventure modules (large or small) with maps relevant to the encounters and locations in the module.
(2). An Encounter/Battle map with included descriptive text and encounter suggestions for the specific map(s) included.
(3). A campaign book with added map(s) for relevant encounters/areas.
(4). A setting/world book with added map(s) for relevant areas.
(5). Map(s) with other products included that have a similar theme. Like Desert creature tokens or minis bundled with desert maps.
3.3.3 Online streams, Live Play Sessions and paid DM'ing
Maps may be used in online streams and live play sessions (Twitch, YouTube etc) as long as "Dragon Map Maker" is credited in the show notes or on the stream. Online streams, Live play sessions and paid DM'ing do not fall under the commercial usage terms (3.3.1).
What this Means: You can use maps in streams, live play sessions and paid DM'ed games even if you earn over $100,000 per year from TTRPG linked income.
3.3.4 The User furthermore agrees and acknowledges that we have the right to contact the User if we have reasons to believe that the User has exceeded the annual gross revenue as seen in sections 3.31.a or 3.31.b and that we have the right to request from such User any and all reasonable financial information to verify ("right to audit") whether the User has exceeded the aforementioned annual gross revenue. In case a User fails to comply with such request, we can unilaterally terminate this Agreement (as set out in section 15).
Section 4. Software native content usage and Intellectual property
4.1 Native tilesets, textures or 3d objects supplied with the Software or DLC are an integral part of the application and may be used only with the Software. (please contact dragonmapmaker@gmail.com for usage rights if you are uncertain)
What this Means: You decided to use the Software as a level design tool for your indie video-game, and use it to create a tileset. This is not the intended purpose of the software and would need a Full Commercial licence, even if the game is free. (Full Commercial licences for specific products may be granted upon request)
4.2 All intellectual property rights, including, copyrights, patent rights, trademarks, designs, know-how, concepts, images, drawings, models, brands, logos, software, textures etc. that are provided in the software or website, whether registered or not, are the property of Dragon Maps or its licensors (hereinafter: "Intellectual Property Rights").
4.3 No single element of these Terms of Use may be construed as a transfer of these Intellectual Property Rights. It is only a right to use the Software that is granted, within the restrictions set down in sections 3.2 and 3.3 of the EULA.
Section 5. Third-Party Components
5.1 The Software incorporates some third-party components, which are subject to applicable third-party software licences, incorporated by reference. A list of these third-party components is available upon request to dragonmapmaker@gmail.com
5.2 BY AGREEING TO THE TERMS OF THIS EULA, YOU AGREE TO BE BOUND BY THESE APPLICABLE THIRD-PARTY SOFTWARE LICENCES.
What this Means: The software includes some code written and owned by third parties they still own that code, and you also agree to their licence terms.
Section 6. Software Updates and DLC
6.1 We may release updates, patches, DLC, or new versions of the Software from time to time. However, Dragon Maps makes no commitment to update the software. You have no automatic right to any updates or DLC, but where we choose to provide these to you, they shall be considered part of the Software and shall be governed by the terms of this EULA.
Section 7. Entire Agreement
7.1 This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Software.
Section 8. Updates to this EULA
8.1 We may update this EULA from time to time by notice on our website https://www.dragonmapmaker.com or by including the updated EULA in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or the user installing the Software update, without further notice to you.
Section 9. Waiver
9.1 Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
Section 10. Legal Fees
10.1 In the event that we obtain the legal assistance to enforce this EULA for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this EULA may be recovered from you.
Section 11. Dispute Resolution
11.1 You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting dragonmapmaker@gmail.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
11.2 This EULA establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This EULA will only change your rights under the laws of your state or country to the extent permitted by those laws.
Section 13. Representatives, Successors and Assigns
We may assign or novate our rights and obligations under this EULA at any time by notice on our website. Upon such assignment or novation, our obligations and benefits under this EULA are binding on and shall benefit our respective representatives, successors and assigns.
Section 14. Warranties and Limitation of Liability
14.1 Nothing in this Licence shall operate to exclude or limit either party's liability for:
a.) death or personal injury caused by its negligence; or
b.) fraud; or
c.) any other liability which cannot be excluded or limited under applicable law.
14.2 All terms of the Licence shall take effect subject to this.
14.3 Local laws may apply to protect the rights of individuals who purchase the software in their individual capacity outside a commercial enterprise, such as consumers. Nothing in this Licence shall operate to exclude or reduce such protection. If you think this may apply to you, please consult a consumer advice organisation.
Warranties
14.4 The software is supplied to you "as is" and "as available" with any and all faults and defects and without any warranties by Dragon Maps or its licensors of any kind.
14.5 It is your responsibility to ensure the software performs the purpose for which it is required and will function properly in the environment in which it is to be used. The software is used at your sole risk and you are responsible for any cost of repair, corrections or servicing. You acknowledge installation of the software may affect the usability of third-party software or third-party services.
14.6 Without limitation, please note that no representation or warranty is given by Dragon Maps or its licensors that:
a.) the software will meet your requirements; or
b.) any information or data provided with the software is accurate, error-free or comprehensive; or
c.) operation of the software will be uninterrupted or error-free; or
d.) any content available for downloading from us is free from viruses or any other contamination or destructive features; or
e.) you will enjoy the use of the software free from interference; or
f.) the software will continue to be made available or maintained or supported or that any defects will be corrected; or
g.) the software will be compatible with any third-party software, third-party services, third-party external services;
h.) the software or external services or third-party external services will be available or accessible in any language or from any location or are appropriate for use in any location.
14.7 To the extent possible under the applicable law, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
What this Means: The Software is provided as-is. You may have rights under consumer law, but we don't give any enhanced warranty or other guarantees
Limitation of Liability
14.8 Dragon Maps and its licensors shall have no liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: i) special damage even though Dragon Maps was aware of the circumstances in which such special damage could arise; ii) loss of profits; iii) loss of anticipated savings; iv) loss of business opportunity; v) loss of goodwill; vi) loss or corruption of data; vii) errors, mistakes, or inaccuracies of content in the software or website; viii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the software or website; ix) any unauthorized access to or use of our servers and/or software and/or website and/or any and all personal information and/or financial information stored therein (including any and all user submissions); x) any interruption or cessation of transmission to or from the software, website or our servers; xi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the software or website by any third party; xii) any loss of your data or content from the website or software; xiii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the software or the website; xiv) content created by the User using the Software; xv) any infringement by its Users of the intellectual property rights of third parties and/or other Users; xvi) any cause independent of human control that occurred after the software or services were supplied.
14.9 The total liability of Dragon Maps, whether in contract, tort (including negligence) or otherwise and whether in connection with this Licence or any collateral contract, shall in no circumstances exceed the total sums payable by you to us for use of the software.
14.10 You agree that, in entering into this Licence, either you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Licence or (if you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) Dragon Maps shall have no liability other than in accordance with the express terms of this Licence.
14.11 You agree to release, indemnify, defend and hold harmless us, our officers, employees, agents and contractors from any and all liability or for claims associated with or arising from the misuse of the software by you or by anyone to whom you allow to access Software.
14.12 We only accept liability as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable by law, any condition or warranty which would otherwise be implied in this EULA is excluded.
14.13 The User is solely responsible and liable for the content that he/she creates using the Software. The User shall indemnify and hold Dragon Maps harmless for any and all claims from third parties regarding any content created by the User.
What this Means: Without precluding your consumer rights, you agree not to sue us for any loss that relates to the use of the software.
Section 15. Termination
15.1 This Licence will terminate automatically on any material breach by you of its terms.
15.2 On termination, you must cease all use of the Software and delete all copies in your possession.
15.3 Any provision of this Licence which expressly or by implication is intended to come into or continue in force on or after termination of this Licence shall remain in full force and effect.
15.4 The User recognizes that in case of termination by Dragon Maps he/she has no right to any indemnification.
Section 16. Severability
16.1 If any of these terms are held to be invalid or unenforceable by a court of law, the term(s) will be excluded, and the remaining valid terms will remain in full force. In such an event, the parties involved shall in good faith amend the invalid or unenforceable terms and/or agree on a term(s) in such a way as to reflect in so far as is possible the purpose of the invalid or unenforceable term(s).
16.2 This EULA does not affect your rights in relation to any third party from whom you acquired the Software.
Section 17. Miscellaneous
17.1 Each party to this agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the English courts.
Please direct any questions, comments or concerns about this EULA to dragonmapmaker@gmail.com