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Warhammer 40,000: Speed Freeks End-User License Agreement (EULA)
This original software is protected by copyright and trademark law.
It may only be sold by authorized dealers and only be used for private purposes.
Please read this license carefully before using the software.
By installing or using this software product you agree to be bound by the provisions of this EULA.
1 Software product license
1.1 This End-User License Agreement will grant you the following rights:
This End-User License Agreement is a legally valid agreement between you (either as a natural or as a legal person) and Wired Productions Ltd.
By purchasing this original software you are granted the right to install and use the software on a single computer. Wired Productions Ltd does not grant you any right of ownership to the software, and this license does not represent a “sale“ of the software. You are the owner of the data medium on which the software is stored. Wired Productions Ltd and/or a partner company remains the sole owner of the software on the data medium, and of the pertinent documentation, and remains the proprietor of any and all intellectual and industrial property rights contained therein.
This non-exclusive and personal license grants you the right to install, use, and display a copy of this software product on a single computer (for example, a single workstation, a single terminal, a single portable PC, a single pager, etc.). Every other use, especially the unauthorized leasing, distribution, public display or other demonstration (e.g. in schools or universities), copying, multiple installation or transfer, and any other process by which this software or parts of it may be made available to the general public (including via Internet or other online systems) without prior written consent is prohibited.
If this software enables you to print pictures containing characters of Wired Productions Ltd and/or a partner company which are protected by trademark law, this license only allows you to print the pictures on paper and to use them as printouts solely for personal, non-commercial and non-governmental purposes (for example, you may not display or sell those pictures in public), provided that you abide by all copyright instructions contained in the pictures generated by the software.
1.2 Level Editor and Software Development Kit
Storage of software data, especially maps that have been created with a possibly included level editor or mod’s (modifications) that have been created by means of a possibly included SDK (software development kit) is exclusively permitted to individual persons for private use. Private use, according to the terms of paragraph 1.2, also means the - wire connected or wireless – provision of data (for example via the Internet) for use by other individual persons for non-commercial purposes. Any other reproduction, distribution, broadcasting, provision and any indirect or direct commercial utilization ultra vires is strictly prohibited without prior written consent from Wired Productions Ltd. You shall not create, use, copy or distribute such maps or modifications having any offensive or illegal content, or in any manner which violates the law or third parties’ rights, and you shall not combine such maps or Modifications with any such offensive, illegal or violating material. You hereby agree that you are solely responsible for any and all game data Modifications and maps. You shall defend, indemnify, and hold harmless Wired Productions Ltd and its employees and agents against any and all claims, damages, losses, actions and liabilities whatsoever arising out of your creation, use, combination, duplication, distribution, or promotion of the modified game data or maps. The Editor and all SDK components are supplied “AS IS“. There is no warranty on these parts and neither tech support nor customer support is granted for the Editor or any SDK components.
1.3 Modding Terms
Wired Productions Ltd encourages its users to express their creativity and enhance the experience of Warhammer 40,000: Speed Freeks through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, in-game level editor and creator, story lines, music and game modes) for use with the software product (“Mod” or “Mods”). In order to protect Wired Productions, the software product, any third party licensors that have licensed intellectual property to Wired Productions Ltd for use in the software product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the software product may be revoked if you breach the Modding Terms.
1.3.1. Ownership
You acknowledge that you shall have no ownership or other proprietary interest in the software product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the software product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of Wired Productions Ltd and its licensors.
1.3.2. Licence
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, Wired Productions Ltd hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by Wired Productions Ltd (“Modding Tools”) solely and exclusively to create Mods for use with the software product and to publish those Mods to the Mek Workshop (“Modding Platform”) available within the Warhammer 40,000: Speed Freeks application, or as updated from time to time, which is owned and operated by Caged Element and Wired Productions. You acknowledge and agree that your use of the Steam platform and the Modding Platform is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement, which means that you may only publish the Mod to the Modding Platform. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant Wired Productions, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Platform in any way Wired Productions Ltd or its licensors see fit for use with the software product and any other products published by Wired Productions. You waive and agree never to assert against Wired Productions Ltd or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
1.3.3. Content Restrictions
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Platform and shall warrant and represent to Wired Productions Ltd that your Mods do not contain:
1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Wired Productions Ltd and/or its licensors;
2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark logos or third party assets except for those assets provided to you by Wired Productions Ltd as necessary for the creation of the Mod for use with the software product;
3. any third party assets, from other games published by Wired Productions Ltd and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by Wired Productions Ltd as published on the Modding Platform which may be updated by Wired Productions Ltd from time to time;
5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the software product.
Wired Productions Ltd does not pre-vet or monitor any Mods which are uploaded to the Modding Platform and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Platform. Wired Productions Ltd reserves the right, in its sole and final discretion, to remove any Mods from the Modding Platform which violate the content restrictions above. To the maximum extent permitted by applicable law, Wired Productions Ltd does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure to or delay in removing, such Mods.
1.3.4. Indemnification
You agree to indemnify, defend and hold Wired Productions Ltd and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
1.3.5. Our Liability
WE PROVIDE THE SOFTWARE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WIRED PRODUCTIONS LTD IS TO STOP USING THE SOFTWARE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL WIRED PRODUCTIONS LTD AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE SOFTWARE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF WIRED PRODUCTIONS LTD AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
1.3.6. Termination
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Platform at any time for any reason. If you commit any breach of clauses 1.3.2 and 1.3.3 of this EULA, the licence to use the software product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Wired Productions Ltd to use any Mods which you create and publish to the Modding Platform shall survive termination.
Because Wired Productions Ltd would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Wired Productions Ltd shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
1.3.7. Miscellaneous
This Agreement represents the complete agreement between you and Wired Productions Ltd concerning Mods, the Modding Tools and the Modding Platform, and supersedes all prior agreements and representations, warranties or understandings between you and Wired Productions Ltd (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Wired Productions Ltd reserves the right to amend or modify these terms at any time, in any manner, without any liability to Wired Productions Ltd and at Wired Productions Ltd’s sole discretion.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
Wired Productions Ltd may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Wired Productions Ltd’s express prior written consent.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts.
1.4 Duration of the “Online“ Component of the Application Software
This application software can be an ‘online‘ game that must be played over the Internet through the service, as provided by Wired Productions Ltd and/or a partner company. It is your entire responsibility to secure an Internet connection and all fees related thereto shall be at your own charge. Wired Productions Ltd will use reasonable efforts to provide the service all day, every day. However, Wired Productions Ltd reserves the right to temporarily suspend the service for maintenance, testing, replacement and repair of the telecommunications equipment related to this game, as well as for transmission interruption or any other operational needs of the system.
Wired Productions Ltd can neither guarantee that you will always be able to communicate with other users, nor that you can communicate without disruptions, delays or communication-related flaws. Wired Productions Ltd is not liable for any such disruptions, delays or other omissions in any communication during your use of the voice client.
Wired Productions Ltd agrees to provide the servers and software necessary to access the Service until such time as the application software is “Out of Publication”. Application Software shall be considered “Out of Publication“ following the date that it is no longer manufactured and/or distributed by Wired Productions Ltd, or its affiliates. Thereafter, Wired Productions Ltd may, in its sole and absolute discretion, continue to provide the service or license to third parties the right to provide the service. However, nothing contained herein shall be construed so as to place an obligation upon Wired Productions Ltd to provide the service beyond the time that the applicable software is “Out of Publication”. In the event that Wired Productions Ltd determines that it is in its best interest to cease providing the service, or license to a third party the right to provide the service, Wired Productions Ltd shall provide you with no less than one (1) month prior notice. This notice doesn’t have to be addressed personally to the user. It can be also an announcement on the game website or the forums of Wired Productions Ltd. Neither the service nor Wired Productions Ltd’s agreement to provide access to the service shall be considered a rental or lease of time on or capacity of Wired Productions Ltd‘s servers or other technology.
2 Description of other rights and limitations
2.1 Safety copy
One single copy of the software product may be stored for safety or archiving purposes only.
2.2 Limited warranty
Wired Productions Ltd warrants for a period of 90 days starting from the date of purchase that the software will essentially work in accordance with the accompanying printed materials.
The complete liability of Wired Productions Ltd and your only claim consists, at the option of Wired Productions Ltd, of a reimbursement of the paid purchase price or of repairing or substituting the software product which is not in accordance with Wired Productions Ltd’s limited warranty, insofar as it is returned to Wired Productions Ltd together with a copy of the invoice.
This limited warranty will not apply if the failure of the software product is due to an accident, misuse or faulty application.
2.3 Other warranty rights will remain unaffected
The above warranty is given by Wired Productions Ltd as manufacturer of the software product.
Any legal warranty or liability claims to which you are entitled toward the dealer from whom you bought your version of the software product are neither replaced nor limited by this warranty.
2.4 Limitation of liability
To the greatest extent permitted by applicable law, Wired Productions Ltd refuses to accept liability for any special, accidental, indirect or consequential damages resulting from the utilization of, or inability to utilize, the software product. This includes any instances in which Wired Productions Ltd has previously pointed out the possibility of such damages.
2.5 Trademarks
This End-User License Agreement does not grant you any rights in connection with trademarks of Wired Productions Ltd and other companies.
3 End of contract / Termination
This license will apply until it is terminated by either one of the parties. You may terminate this license at any time by sending the software back to Wired Productions Ltd or by destroying the software, the complete accompanying documentation and all copies and installations thereof, irrespective of whether they were drawn up in accordance with this license or not. This License Agreement will be terminated immediately without any prior notification by Wired Productions Ltd if you are in breach of any of the provisions of this license, in which case you will be obligated to destroy all copies of the software product. The provisions of clause 1.3 shall survive any termination of this agreement.
4 Safeguarding clause
Should any provisions of this agreement be or become invalid or unenforceable, the remainder of this agreement will remain unaffected.
5 Choice of law
The laws of the United Kingdom will be applied to all legal issues arising out of or in connection with this contract.
You may contact Wired Productions at the following address:
Wired Productions Ltd
Unit 4 Watford Interchange
Colonial Way
Watford
Herts
WD24 4WP
Email: support@wiredproductions.com
Warhammer 40,000: Speed Freeks © Copyright Games Workshop Limited 2024. Speed Freeks, the Speed Freeks logo, GW, Games Workshop, Space Marine, 40K, Warhammer, Warhammer 40,000, 40,000, the ‘Aquila’ Double-headed Eagle logo, and all associated logos, illustrations, images, names, creatures, races, vehicles, locations, weapons, characters, and the distinctive likeness thereof, are either ® or TM, and/or © Games Workshop Limited, variably registered around the world, and used under licence. All rights reserved. Developed by Caged Element Inc. Caged Element logo and Speed Freeks programming code copyright Caged Element Inc. All rights reserved. Published by Wired Productions Ltd.
This original software is protected by copyright and trademark law.
It may only be sold by authorized dealers and only be used for private purposes.
Please read this license carefully before using the software.
By installing or using this software product you agree to be bound by the provisions of this EULA.
1 Software product license
1.1 This End-User License Agreement will grant you the following rights:
This End-User License Agreement is a legally valid agreement between you (either as a natural or as a legal person) and Wired Productions Ltd.
By purchasing this original software you are granted the right to install and use the software on a single computer. Wired Productions Ltd does not grant you any right of ownership to the software, and this license does not represent a “sale“ of the software. You are the owner of the data medium on which the software is stored. Wired Productions Ltd and/or a partner company remains the sole owner of the software on the data medium, and of the pertinent documentation, and remains the proprietor of any and all intellectual and industrial property rights contained therein.
This non-exclusive and personal license grants you the right to install, use, and display a copy of this software product on a single computer (for example, a single workstation, a single terminal, a single portable PC, a single pager, etc.). Every other use, especially the unauthorized leasing, distribution, public display or other demonstration (e.g. in schools or universities), copying, multiple installation or transfer, and any other process by which this software or parts of it may be made available to the general public (including via Internet or other online systems) without prior written consent is prohibited.
If this software enables you to print pictures containing characters of Wired Productions Ltd and/or a partner company which are protected by trademark law, this license only allows you to print the pictures on paper and to use them as printouts solely for personal, non-commercial and non-governmental purposes (for example, you may not display or sell those pictures in public), provided that you abide by all copyright instructions contained in the pictures generated by the software.
1.2 Level Editor and Software Development Kit
Storage of software data, especially maps that have been created with a possibly included level editor or mod’s (modifications) that have been created by means of a possibly included SDK (software development kit) is exclusively permitted to individual persons for private use. Private use, according to the terms of paragraph 1.2, also means the - wire connected or wireless – provision of data (for example via the Internet) for use by other individual persons for non-commercial purposes. Any other reproduction, distribution, broadcasting, provision and any indirect or direct commercial utilization ultra vires is strictly prohibited without prior written consent from Wired Productions Ltd. You shall not create, use, copy or distribute such maps or modifications having any offensive or illegal content, or in any manner which violates the law or third parties’ rights, and you shall not combine such maps or Modifications with any such offensive, illegal or violating material. You hereby agree that you are solely responsible for any and all game data Modifications and maps. You shall defend, indemnify, and hold harmless Wired Productions Ltd and its employees and agents against any and all claims, damages, losses, actions and liabilities whatsoever arising out of your creation, use, combination, duplication, distribution, or promotion of the modified game data or maps. The Editor and all SDK components are supplied “AS IS“. There is no warranty on these parts and neither tech support nor customer support is granted for the Editor or any SDK components.
1.3 Modding Terms
Wired Productions Ltd encourages its users to express their creativity and enhance the experience of Warhammer 40,000: Speed Freeks through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, in-game level editor and creator, story lines, music and game modes) for use with the software product (“Mod” or “Mods”). In order to protect Wired Productions, the software product, any third party licensors that have licensed intellectual property to Wired Productions Ltd for use in the software product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the software product may be revoked if you breach the Modding Terms.
1.3.1. Ownership
You acknowledge that you shall have no ownership or other proprietary interest in the software product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the software product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of Wired Productions Ltd and its licensors.
1.3.2. Licence
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, Wired Productions Ltd hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by Wired Productions Ltd (“Modding Tools”) solely and exclusively to create Mods for use with the software product and to publish those Mods to the Mek Workshop (“Modding Platform”) available within the Warhammer 40,000: Speed Freeks application, or as updated from time to time, which is owned and operated by Caged Element and Wired Productions. You acknowledge and agree that your use of the Steam platform and the Modding Platform is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement, which means that you may only publish the Mod to the Modding Platform. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant Wired Productions, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Platform in any way Wired Productions Ltd or its licensors see fit for use with the software product and any other products published by Wired Productions. You waive and agree never to assert against Wired Productions Ltd or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
1.3.3. Content Restrictions
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Platform and shall warrant and represent to Wired Productions Ltd that your Mods do not contain:
1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Wired Productions Ltd and/or its licensors;
2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark logos or third party assets except for those assets provided to you by Wired Productions Ltd as necessary for the creation of the Mod for use with the software product;
3. any third party assets, from other games published by Wired Productions Ltd and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by Wired Productions Ltd as published on the Modding Platform which may be updated by Wired Productions Ltd from time to time;
5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the software product.
Wired Productions Ltd does not pre-vet or monitor any Mods which are uploaded to the Modding Platform and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Platform. Wired Productions Ltd reserves the right, in its sole and final discretion, to remove any Mods from the Modding Platform which violate the content restrictions above. To the maximum extent permitted by applicable law, Wired Productions Ltd does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure to or delay in removing, such Mods.
1.3.4. Indemnification
You agree to indemnify, defend and hold Wired Productions Ltd and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
1.3.5. Our Liability
WE PROVIDE THE SOFTWARE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WIRED PRODUCTIONS LTD IS TO STOP USING THE SOFTWARE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL WIRED PRODUCTIONS LTD AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE SOFTWARE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF WIRED PRODUCTIONS LTD AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
1.3.6. Termination
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Platform at any time for any reason. If you commit any breach of clauses 1.3.2 and 1.3.3 of this EULA, the licence to use the software product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Wired Productions Ltd to use any Mods which you create and publish to the Modding Platform shall survive termination.
Because Wired Productions Ltd would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Wired Productions Ltd shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
1.3.7. Miscellaneous
This Agreement represents the complete agreement between you and Wired Productions Ltd concerning Mods, the Modding Tools and the Modding Platform, and supersedes all prior agreements and representations, warranties or understandings between you and Wired Productions Ltd (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Wired Productions Ltd reserves the right to amend or modify these terms at any time, in any manner, without any liability to Wired Productions Ltd and at Wired Productions Ltd’s sole discretion.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
Wired Productions Ltd may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Wired Productions Ltd’s express prior written consent.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts.
1.4 Duration of the “Online“ Component of the Application Software
This application software can be an ‘online‘ game that must be played over the Internet through the service, as provided by Wired Productions Ltd and/or a partner company. It is your entire responsibility to secure an Internet connection and all fees related thereto shall be at your own charge. Wired Productions Ltd will use reasonable efforts to provide the service all day, every day. However, Wired Productions Ltd reserves the right to temporarily suspend the service for maintenance, testing, replacement and repair of the telecommunications equipment related to this game, as well as for transmission interruption or any other operational needs of the system.
Wired Productions Ltd can neither guarantee that you will always be able to communicate with other users, nor that you can communicate without disruptions, delays or communication-related flaws. Wired Productions Ltd is not liable for any such disruptions, delays or other omissions in any communication during your use of the voice client.
Wired Productions Ltd agrees to provide the servers and software necessary to access the Service until such time as the application software is “Out of Publication”. Application Software shall be considered “Out of Publication“ following the date that it is no longer manufactured and/or distributed by Wired Productions Ltd, or its affiliates. Thereafter, Wired Productions Ltd may, in its sole and absolute discretion, continue to provide the service or license to third parties the right to provide the service. However, nothing contained herein shall be construed so as to place an obligation upon Wired Productions Ltd to provide the service beyond the time that the applicable software is “Out of Publication”. In the event that Wired Productions Ltd determines that it is in its best interest to cease providing the service, or license to a third party the right to provide the service, Wired Productions Ltd shall provide you with no less than one (1) month prior notice. This notice doesn’t have to be addressed personally to the user. It can be also an announcement on the game website or the forums of Wired Productions Ltd. Neither the service nor Wired Productions Ltd’s agreement to provide access to the service shall be considered a rental or lease of time on or capacity of Wired Productions Ltd‘s servers or other technology.
2 Description of other rights and limitations
2.1 Safety copy
One single copy of the software product may be stored for safety or archiving purposes only.
2.2 Limited warranty
Wired Productions Ltd warrants for a period of 90 days starting from the date of purchase that the software will essentially work in accordance with the accompanying printed materials.
The complete liability of Wired Productions Ltd and your only claim consists, at the option of Wired Productions Ltd, of a reimbursement of the paid purchase price or of repairing or substituting the software product which is not in accordance with Wired Productions Ltd’s limited warranty, insofar as it is returned to Wired Productions Ltd together with a copy of the invoice.
This limited warranty will not apply if the failure of the software product is due to an accident, misuse or faulty application.
2.3 Other warranty rights will remain unaffected
The above warranty is given by Wired Productions Ltd as manufacturer of the software product.
Any legal warranty or liability claims to which you are entitled toward the dealer from whom you bought your version of the software product are neither replaced nor limited by this warranty.
2.4 Limitation of liability
To the greatest extent permitted by applicable law, Wired Productions Ltd refuses to accept liability for any special, accidental, indirect or consequential damages resulting from the utilization of, or inability to utilize, the software product. This includes any instances in which Wired Productions Ltd has previously pointed out the possibility of such damages.
2.5 Trademarks
This End-User License Agreement does not grant you any rights in connection with trademarks of Wired Productions Ltd and other companies.
3 End of contract / Termination
This license will apply until it is terminated by either one of the parties. You may terminate this license at any time by sending the software back to Wired Productions Ltd or by destroying the software, the complete accompanying documentation and all copies and installations thereof, irrespective of whether they were drawn up in accordance with this license or not. This License Agreement will be terminated immediately without any prior notification by Wired Productions Ltd if you are in breach of any of the provisions of this license, in which case you will be obligated to destroy all copies of the software product. The provisions of clause 1.3 shall survive any termination of this agreement.
4 Safeguarding clause
Should any provisions of this agreement be or become invalid or unenforceable, the remainder of this agreement will remain unaffected.
5 Choice of law
The laws of the United Kingdom will be applied to all legal issues arising out of or in connection with this contract.
You may contact Wired Productions at the following address:
Wired Productions Ltd
Unit 4 Watford Interchange
Colonial Way
Watford
Herts
WD24 4WP
Email: support@wiredproductions.com
Warhammer 40,000: Speed Freeks © Copyright Games Workshop Limited 2024. Speed Freeks, the Speed Freeks logo, GW, Games Workshop, Space Marine, 40K, Warhammer, Warhammer 40,000, 40,000, the ‘Aquila’ Double-headed Eagle logo, and all associated logos, illustrations, images, names, creatures, races, vehicles, locations, weapons, characters, and the distinctive likeness thereof, are either ® or TM, and/or © Games Workshop Limited, variably registered around the world, and used under licence. All rights reserved. Developed by Caged Element Inc. Caged Element logo and Speed Freeks programming code copyright Caged Element Inc. All rights reserved. Published by Wired Productions Ltd.