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LICENSE AGREEMENT FOR END USERS
The present license agreement for an end user (hereinafter ‘license agreement’) stipulates conditions according to which you may install and/or use the multimedia program and/or online service which is issued and or/provided by GIANTS Software GmbH (‘GIANTS’).
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE YOU PURCHASE, DOWNLOAD OR INSTALL THE MULTIMEDIA PROGRAM OR ONLINE SERVICE.
The term ‘multimedia program’ refers to all game software issued by GIANTS, all of its components (primarily all characters, scenarios, universes, computer codes, images, animations, videos, music, texts, etc.) as well as its documentation. ‘Online services’ are platforms provided and maintained by GIANTS or a third party and which allow you to access the totality of the functionalities and information of the multimedia program, tools for creating and sharing content and generally access all other functionalities of the multimedia program. An internet connection is required to access the online service.
The multimedia program and the online service are protected by copyright. Their use is subject to the conditions of the license agreement.
1. License
GIANTS grants you a limited, non-exclusive license for the use of the multimedia program as well as a non-exclusive right to install and use a single instance of the multimedia program on a single end device (‘end device’) for personal and non-commercial use (‘license’).
2. License provider
GIANTS is the owner and exclusive license provider of all rights, titles and interests that pertain to the multimedia program, as well as all rights to the intellectual property of the multimedia program and all of its functionalities and components. ‘Rights to intellectual property’ refers to all rights to the intellectual property of the multimedia program as well as primarily all copyrights, design rights, database rights, trademarks, domain names, expertise and business secrets with respect to the following, non-exhaustive list:
o All contents of the multimedia program (such as in particular the themes, items, persons, personal names, actions, texts, dialogues, tags, locations, illustrations, concepts, graphic designs, animations, sounds, speech recordings, compositions and image and sound recordings, audiovisual effects),
o All data and communications generated via the multimedia program.
o All software, computer codes (source and object code), titles, functionalities, any related documentation, the integrated ‘applets’, and any creative works, contents and all contents of the multimedia program. This License Agreement does not apply to the fonts used in the autorun menu (Noto Sans and Open Sans) as they fall under the SIL Open Font License Vers. 1.1. which is enclosed to them („NotoSansLicense.txt“ / „OpenSansLicense.txt“).
3. Limitations
3.1 The license is provided to you under the following conditions:
o You may not copy, reproduce, translate, re-compile the multimedia program, retrieve the source code, change it, adjust it, convert it, dismantle or decompile it or create derived works that are based in whole or in part on the multimedia program or delete a copyright notice.
o The components of the multimedia program may not be split from one another or across multiple end devices.
According to the conditions of the license provided to you, you can use the multimedia program for personal and non-commercial use. You therefore may not:
o Hand over, rent, lease or license any specimens or copies of the multimedia program in any way, shape or form,
o Use the multimedia program partly or fully for commercial purposes,
o Use the multimedia program for illegal or immoral purposes,
o Use or permit the use of the multimedia program across multiple end devices simultaneously without additional licenses,
o Use or permit the use of the multimedia program in a network, in the context of a multi-user system or a remote access system
o Use third party software that interacts with the multimedia program and/or the online service for any purpose, and that is not expressly approved by GIANTS,
o Delete, deactivate or circumvent a copyright notice,
o Create programs that reproduce the data or functionalities of the multimedia program,
3.2 The multimedia program may only be downloaded from sources authorized by GIANTS. You may not make the multimedia program available in a network yourself where it could be downloaded by others.
4. Duration
4.1 This license agreement only applies until its termination. You can terminate the license agreement at any time by deinstalling the multimedia program from your device and destroying the copy of the multimedia program in your possession.
4.2 The license agreement can be terminated by both parties for good cause. Good cause is established if the conditions of this license agreement have been infringed and the infringement has not been rectified within 30 days despite notification. In the event of termination, you must immediately delete and destroy the multimedia program and the copies in your possession or under your control, and those saved on whichever end device, and on request from GIANTS, prove that these have been destroyed.
5. Limited liability
5.1 GIANTS shall be liable for intent and grossly negligent conduct as well as in the event of injury to body, life and health to their full extent.
5.2 In the event of infringement of major obligations (that is, obligations whose fulfillment enables the orderly performance of the contract and compliance with which the contract partner may regularly trust), the scope of the liability is limited to typical and foreseeable damages.
5.3 Any other liability is otherwise excluded.
6. Online service
6.1 To the extent that GIANTS provides the online service, the following conditions apply. The multimedia programs accessible via the online service are used in line with the conditions of the present license agreement.
6.2 In order to use the online service, you must register and open an account. To do this you must enter a user name and email address, then choose a password.
6.3 You must have reached the age of majority to use the online service.
6.4 You guarantee that the information provided at registration is correct, complete and valid. You are therefore obligated to update this regularly. If the information provided is incomplete or incorrect, you are obligated to compensate GIANTS for all damages that GIANTS suffers as well as all third parties that suffer damages as a result of the information provided by you.
6.5 The username that you selected at registration and the password that you set are personal to you in order to make accessing the online service easier and must not be shared with third parties. You are therefore responsible for maintaining the confidentiality of your password and username.
6.6 If you believe that your username, password or account have been hacked and/or an unauthorized person has gained access to these, you are obligated to inform GIANTS immediately. GIANTS cannot be held responsible if your username, password and/or account are used by an unauthorized third party.
7. Limitations with regards to the online service/Code of Conduct
7.1 You agree and are obligated not to publish or transfer any content via the online service if the following circumstances apply: o If it is illegal to do so or this could incur a civil or criminal liability,
o if copyrights, trademarks, patents or all other rights to intellectual property of a third party could be infringed,
o if this would facilitate piracy or hacked software,
o if this contains computer viruses, worms, logic bombs or other malicious software or harmful data,
o if this would contain abusive, inflammatory, pornographic, injurious, homophobic, defamatory, offensive, slanderous, inaccurate, discriminatory, obscene, provocative or racist content,
o if someone could be harassed,
o if the content could be viewed as a marketing or commercial communication or an advert for products or services by someone other than GIANTS,
o if unethical or illegal activities, purchase requests, gambling activities or the sale of prescription medications are encouraged,
o if minors are targeted or could be targeted with the aim of organizing meetings with minors to sexually abuse them or whose aim or effect would be to arrange such a meeting,
o if a law of any kind is generally infringed
o if a request would be made to carry out one of the aforementioned acts, or such an act would be encouraged, recommended, initiated or incited.
7.2 GIANTS stores data on decentralized servers. You therefore grant GIANTS the right to save the scores during use of the online service and to publish these in the form of internal rankings. You also grant GIANTS the right to update the multimedia program and/or online service, to counteract fraudulent behavior or to intervene in the event of a server problem.
7.3 Some multimedia programs can offer you the option to create your own server either for a fee or free of charge, whereby you can manage parties (public or private), invite or reject other players and set specific rules for each party (hereinafter ‘dedicated servers’).
7.4 You assume sole responsibility for the management and/or use of a dedicated server and absolve GIANTS of any and all potential damage which may result from the management and/or use of a dedicated server.
7.5 We offer the Farming Simulator League to you where you can test yourself against other players.
7.6 GIANTS makes no guarantee for the online service with respect to o the availability of the online service, o incorrect or inaccurate information with respect to the online service as well as faults, interruptions or delays to the updating of the online service, o the management of game invites
o the storage of contents in the online service and their potential alteration or loss,
o the infringement of a third party’s rights to intellectual property,
o loss or damage caused by a virus or other malicious software and which could infect a user’s computer equipment, software, data or other goods and which has been caused by persons who have access to the online service, use it or download something from it,
o the availability, quality, content or condition of websites operated or used by third parties (‘external sites’) and which are connected to the online service.
7.7 You use the online service at your own risk.
7.8 GIANTS does not inspect the contents of other users.
7.9 We recommend that you take special care when disclosing personal information.
7.10 GIANTS can also permanently block or disable access to the online service at any time, including without prior warning.
8. Modding / User Generated Content
8.1 The multimedia program allows you to create game levels, maps, scenarios and other contents yourself (‘User Generated Content’ or ‘Mods’) and to use these within the context of the multimedia program and/or online service. In this event, the following rules apply.
8.2 GIANTS provides GIANTS SDK to you via the link ‘gdn.giants-software.com’ or together with the multimedia program for the creation of your own user generated content and the use thereof in the context of the multimedia program and/or online services for free download. This gives you access to various tools through which you can create and share user generated content. The GIANTS Editor and the tools it contains may only be used if you have lawfully purchased a multimedia program from GIANTS and downloaded it onto your end device.
8.3 The usage rights to the GIANTS Editor are provided to you by GIANTS free of charge and solely for private use. Commercial or paid usage is prohibited. Selling mods or in any way exploiting them for economic use without GIANTS’ consent is prohibited (including enabling adverts in mods or within the scope of their dissemination), including the sale or dissemination of apps containing mods as well as the sale of physical data carriers or download of mods.
8.4 The provision of mods or apps via e.g. Apple App Store or Google Play Store is prohibited.
8.5 In order to be able to use and disseminate mods lawfully, you must include the note ‘Mod for Farming Simulator’ including the version in the text for the mod (e.g. ‘Mod for Farming Simulator 25’) as well as display this text in connection with dissemination of the mod. Disseminating mods in any way that could imply that GIANTS is the creator of the mod or that the mod is a standalone game or a standalone app, in particular that the mod is part of the Farming Simulator series, is prohibited.
8.6 You are responsible for the content and dissemination of mods and also for complying with this license agreement. Consequently, at the time at which the mod is created, used or disseminated, GIANTS is in no way responsible or liable with respect to changes in the quality of the multimedia program or changes to/loss of user generated content, or infringements against the intellectual property rights of third parties.
8.7 You may not use mods within programs other than the multimedia program, also regardless of how the mods were extracted or isolated. Furthermore, you are obligated not to remove any part of the multimedia program.
8.8 You may only make user generated content publicly available to third parties free of charge, such as via GIANTS’ platform. Public reproduction via paid platforms such as Filehoster, distribution behind paywalls, etc. is prohibited.
8.9 In the event that you create user generated content for the multimedia program, you retain the rights to the content you have generated, but you grant GIANTS the right to use the user generated content you have generated.
8.10 In the event that you create, disseminate, exchange, send, transfer, announce or upload user generate content for the multimedia program, you automatically grant GIANTS the usage rights outlined below without GIANTS having to obtain consent or pay you for your user generated content.
• By disseminating, exchanging, sending, transferring, announcing, uploading your user generated content or making it publicly available via the internet, you grant GIANTS the global, free of charge, unlimited, irrevocable, non-exclusive and fully sublicensable right to copy, disseminate, publish, revise, translate, archive, store the user generated content you have generated and to make edits in any form, format and to publish these in currently known media as well as media developed in the future. You waive any moral rights which you may have to the user generated content that you generate.
• By disseminating, exchanging, sending, transferring, announcing and uploading your user generated content, you recognize that other users may possible make use of your user generated content. GIANTS is not liable for the conduct of other users which may possibly infringe rights to your user generated content. In the event of disputes with other users, you are responsible for contacting the user in question and asserting any claims. Do not contact GIANTS.
• You grant GIANTS a free license for all user generated content that you create or share during your use of the multimedia program, the GIANTS Editor and/or the online service that is without limitation in time and scope, transferrable, irrevocable, unlimited, for all devices, formats or forms currently known or designed in future that can be granted, transferred, rented or made available to the public in the form of a license. This license primarily covers the rights to copying, editing, full or partial reproduction, adjustment, development, translation, usage for any device, integration into other works, full or partial removal of elements and/or addition of elements and their deletion, publication, distribution, sale or commercialization.
8.10 At the point in time of the creation, usage or dissemination of the user generated content, you guarantee that you are the owner of the usage rights to the user generated content you have created. Furthermore, you guarantee that no copyrights or other rights of third parties are infringed by the user generated content you have created.
8.11 You declare and confirm that you are solely liable for the user generated content and that GIANTS can thus not be held responsible. You are personally and directly liable for the infringement of rights held by third parties for which you are responsible. You are obligated to compensate GIANTS for all damages incurred due to culpable non-compliance with your obligations.
8.12 GIANTS is authorized but not obligated to perform a check of any kind or an evaluation of the user generated content. A preventative check is not performed in principle. You therefore declare and confirm that you are fully liable for the user generated content and GIANTS cannot be made responsible for this.
8.13 You are solely responsible for contents, comments and opinions contained within the user generated content. GIANTS distances itself from the aforesaid. In this respect, any liability is excluded.
8.14 GIANTS does not guarantee the accuracy, actuality or validity of the information or elements within user generated content and cannot be held responsible for the losses or damages incurred by the use of these elements.
8.15 GIANTS reserves the right to delete, restrict, disable or change your account for the online services and your user generated content (as well as the option to share or create user generated content online) in the event of an infringement of these conditions.
8.16 You release GIANTS from all claims that other customers or other third parties may levy against GIANTS due to the infringement of their rights by user generated content or contents you have created or due to the infringement of other obligations. You hereby also assume the costs for the necessary legal defense of GIANTS including all court and solicitor fees. This does not apply to the extent that the legal infringement is not attributed to you.
8.17 To the extent that GIANTS receives notification that a user’s user generated content infringes the rights of third parties, GIANTS can stop the provision of any profits to the user, to the extent that no settlement has been made with the owner of the third party rights and evidenced to GIANTS. If such a notification is received, the provision of profits will be restored or permanently stopped at the discretion of GIANTS.
8.18 GIANTS reserves the right to stop the provision of any profits to the user in the event of an infringement of these conditions.
9. Web Radio
The multimedia program may potentially allow you access to internet radio via streaming (‘Web Radio’). The multimedia program may potentially provide the function of a preselected list of web radio stations that you can expand as you wish. These functions do not constitute an integral element of the multimedia program. If this is not available or access to this is not possible, no claims can be brought against GIANTS. Access to web radio is solely a technical function to play such web radio. This accesses external sources. GIANTS is not responsible for the contents broadcast via web radio.
10. Data Protection
GIANTS can collect certain personal information during your registration for the online service (username, email). The processing of the personal information collected as part of this agreement is handled as per the General Data Protection Regulation (GDPR).
GIANTS collects personal information to the extent that this is required for the use of the online service.
You can find more information about your rights and how GIANTS processes your personal information in our Data Protection Regulations.
11. General Provisions
11.1 Export control
You may not export, download or re-export the multimedia program to any nation (citizen or resident) if it is subject to a valid embargo.
11.2 Applicable law
This contract is governed by German law with the exception of the conflict laws rules.
Copyright © 1994-2008 Lua.org, PUC-Rio.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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libjpeg
Copyright © 1991 - 1998 Thomas G. Lane
This software is based in part on the work of the Independent JPEG Group.
Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.
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Copyright (C) 2010-2012 Unity Technologies Inc.
Copyright (C) 2012 BitSquid AB
Copyright (C) 2005-2006 ATI Research Inc. Ltd.
Copyright (C) 2002-2005 3Dlabs Inc. Ltd.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
Neither the name of 3Dlabs Inc. Ltd. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT HOLDERS OR CONTRIBUTORS 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
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Copyright (c) 2005-2009, Thomas BERNARD
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
The present license agreement for an end user (hereinafter ‘license agreement’) stipulates conditions according to which you may install and/or use the multimedia program and/or online service which is issued and or/provided by GIANTS Software GmbH (‘GIANTS’).
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE YOU PURCHASE, DOWNLOAD OR INSTALL THE MULTIMEDIA PROGRAM OR ONLINE SERVICE.
The term ‘multimedia program’ refers to all game software issued by GIANTS, all of its components (primarily all characters, scenarios, universes, computer codes, images, animations, videos, music, texts, etc.) as well as its documentation. ‘Online services’ are platforms provided and maintained by GIANTS or a third party and which allow you to access the totality of the functionalities and information of the multimedia program, tools for creating and sharing content and generally access all other functionalities of the multimedia program. An internet connection is required to access the online service.
The multimedia program and the online service are protected by copyright. Their use is subject to the conditions of the license agreement.
1. License
GIANTS grants you a limited, non-exclusive license for the use of the multimedia program as well as a non-exclusive right to install and use a single instance of the multimedia program on a single end device (‘end device’) for personal and non-commercial use (‘license’).
2. License provider
GIANTS is the owner and exclusive license provider of all rights, titles and interests that pertain to the multimedia program, as well as all rights to the intellectual property of the multimedia program and all of its functionalities and components. ‘Rights to intellectual property’ refers to all rights to the intellectual property of the multimedia program as well as primarily all copyrights, design rights, database rights, trademarks, domain names, expertise and business secrets with respect to the following, non-exhaustive list:
o All contents of the multimedia program (such as in particular the themes, items, persons, personal names, actions, texts, dialogues, tags, locations, illustrations, concepts, graphic designs, animations, sounds, speech recordings, compositions and image and sound recordings, audiovisual effects),
o All data and communications generated via the multimedia program.
o All software, computer codes (source and object code), titles, functionalities, any related documentation, the integrated ‘applets’, and any creative works, contents and all contents of the multimedia program. This License Agreement does not apply to the fonts used in the autorun menu (Noto Sans and Open Sans) as they fall under the SIL Open Font License Vers. 1.1. which is enclosed to them („NotoSansLicense.txt“ / „OpenSansLicense.txt“).
3. Limitations
3.1 The license is provided to you under the following conditions:
o You may not copy, reproduce, translate, re-compile the multimedia program, retrieve the source code, change it, adjust it, convert it, dismantle or decompile it or create derived works that are based in whole or in part on the multimedia program or delete a copyright notice.
o The components of the multimedia program may not be split from one another or across multiple end devices.
According to the conditions of the license provided to you, you can use the multimedia program for personal and non-commercial use. You therefore may not:
o Hand over, rent, lease or license any specimens or copies of the multimedia program in any way, shape or form,
o Use the multimedia program partly or fully for commercial purposes,
o Use the multimedia program for illegal or immoral purposes,
o Use or permit the use of the multimedia program across multiple end devices simultaneously without additional licenses,
o Use or permit the use of the multimedia program in a network, in the context of a multi-user system or a remote access system
o Use third party software that interacts with the multimedia program and/or the online service for any purpose, and that is not expressly approved by GIANTS,
o Delete, deactivate or circumvent a copyright notice,
o Create programs that reproduce the data or functionalities of the multimedia program,
3.2 The multimedia program may only be downloaded from sources authorized by GIANTS. You may not make the multimedia program available in a network yourself where it could be downloaded by others.
4. Duration
4.1 This license agreement only applies until its termination. You can terminate the license agreement at any time by deinstalling the multimedia program from your device and destroying the copy of the multimedia program in your possession.
4.2 The license agreement can be terminated by both parties for good cause. Good cause is established if the conditions of this license agreement have been infringed and the infringement has not been rectified within 30 days despite notification. In the event of termination, you must immediately delete and destroy the multimedia program and the copies in your possession or under your control, and those saved on whichever end device, and on request from GIANTS, prove that these have been destroyed.
5. Limited liability
5.1 GIANTS shall be liable for intent and grossly negligent conduct as well as in the event of injury to body, life and health to their full extent.
5.2 In the event of infringement of major obligations (that is, obligations whose fulfillment enables the orderly performance of the contract and compliance with which the contract partner may regularly trust), the scope of the liability is limited to typical and foreseeable damages.
5.3 Any other liability is otherwise excluded.
6. Online service
6.1 To the extent that GIANTS provides the online service, the following conditions apply. The multimedia programs accessible via the online service are used in line with the conditions of the present license agreement.
6.2 In order to use the online service, you must register and open an account. To do this you must enter a user name and email address, then choose a password.
6.3 You must have reached the age of majority to use the online service.
6.4 You guarantee that the information provided at registration is correct, complete and valid. You are therefore obligated to update this regularly. If the information provided is incomplete or incorrect, you are obligated to compensate GIANTS for all damages that GIANTS suffers as well as all third parties that suffer damages as a result of the information provided by you.
6.5 The username that you selected at registration and the password that you set are personal to you in order to make accessing the online service easier and must not be shared with third parties. You are therefore responsible for maintaining the confidentiality of your password and username.
6.6 If you believe that your username, password or account have been hacked and/or an unauthorized person has gained access to these, you are obligated to inform GIANTS immediately. GIANTS cannot be held responsible if your username, password and/or account are used by an unauthorized third party.
7. Limitations with regards to the online service/Code of Conduct
7.1 You agree and are obligated not to publish or transfer any content via the online service if the following circumstances apply: o If it is illegal to do so or this could incur a civil or criminal liability,
o if copyrights, trademarks, patents or all other rights to intellectual property of a third party could be infringed,
o if this would facilitate piracy or hacked software,
o if this contains computer viruses, worms, logic bombs or other malicious software or harmful data,
o if this would contain abusive, inflammatory, pornographic, injurious, homophobic, defamatory, offensive, slanderous, inaccurate, discriminatory, obscene, provocative or racist content,
o if someone could be harassed,
o if the content could be viewed as a marketing or commercial communication or an advert for products or services by someone other than GIANTS,
o if unethical or illegal activities, purchase requests, gambling activities or the sale of prescription medications are encouraged,
o if minors are targeted or could be targeted with the aim of organizing meetings with minors to sexually abuse them or whose aim or effect would be to arrange such a meeting,
o if a law of any kind is generally infringed
o if a request would be made to carry out one of the aforementioned acts, or such an act would be encouraged, recommended, initiated or incited.
7.2 GIANTS stores data on decentralized servers. You therefore grant GIANTS the right to save the scores during use of the online service and to publish these in the form of internal rankings. You also grant GIANTS the right to update the multimedia program and/or online service, to counteract fraudulent behavior or to intervene in the event of a server problem.
7.3 Some multimedia programs can offer you the option to create your own server either for a fee or free of charge, whereby you can manage parties (public or private), invite or reject other players and set specific rules for each party (hereinafter ‘dedicated servers’).
7.4 You assume sole responsibility for the management and/or use of a dedicated server and absolve GIANTS of any and all potential damage which may result from the management and/or use of a dedicated server.
7.5 We offer the Farming Simulator League to you where you can test yourself against other players.
7.6 GIANTS makes no guarantee for the online service with respect to o the availability of the online service, o incorrect or inaccurate information with respect to the online service as well as faults, interruptions or delays to the updating of the online service, o the management of game invites
o the storage of contents in the online service and their potential alteration or loss,
o the infringement of a third party’s rights to intellectual property,
o loss or damage caused by a virus or other malicious software and which could infect a user’s computer equipment, software, data or other goods and which has been caused by persons who have access to the online service, use it or download something from it,
o the availability, quality, content or condition of websites operated or used by third parties (‘external sites’) and which are connected to the online service.
7.7 You use the online service at your own risk.
7.8 GIANTS does not inspect the contents of other users.
7.9 We recommend that you take special care when disclosing personal information.
7.10 GIANTS can also permanently block or disable access to the online service at any time, including without prior warning.
8. Modding / User Generated Content
8.1 The multimedia program allows you to create game levels, maps, scenarios and other contents yourself (‘User Generated Content’ or ‘Mods’) and to use these within the context of the multimedia program and/or online service. In this event, the following rules apply.
8.2 GIANTS provides GIANTS SDK to you via the link ‘gdn.giants-software.com’ or together with the multimedia program for the creation of your own user generated content and the use thereof in the context of the multimedia program and/or online services for free download. This gives you access to various tools through which you can create and share user generated content. The GIANTS Editor and the tools it contains may only be used if you have lawfully purchased a multimedia program from GIANTS and downloaded it onto your end device.
8.3 The usage rights to the GIANTS Editor are provided to you by GIANTS free of charge and solely for private use. Commercial or paid usage is prohibited. Selling mods or in any way exploiting them for economic use without GIANTS’ consent is prohibited (including enabling adverts in mods or within the scope of their dissemination), including the sale or dissemination of apps containing mods as well as the sale of physical data carriers or download of mods.
8.4 The provision of mods or apps via e.g. Apple App Store or Google Play Store is prohibited.
8.5 In order to be able to use and disseminate mods lawfully, you must include the note ‘Mod for Farming Simulator’ including the version in the text for the mod (e.g. ‘Mod for Farming Simulator 25’) as well as display this text in connection with dissemination of the mod. Disseminating mods in any way that could imply that GIANTS is the creator of the mod or that the mod is a standalone game or a standalone app, in particular that the mod is part of the Farming Simulator series, is prohibited.
8.6 You are responsible for the content and dissemination of mods and also for complying with this license agreement. Consequently, at the time at which the mod is created, used or disseminated, GIANTS is in no way responsible or liable with respect to changes in the quality of the multimedia program or changes to/loss of user generated content, or infringements against the intellectual property rights of third parties.
8.7 You may not use mods within programs other than the multimedia program, also regardless of how the mods were extracted or isolated. Furthermore, you are obligated not to remove any part of the multimedia program.
8.8 You may only make user generated content publicly available to third parties free of charge, such as via GIANTS’ platform. Public reproduction via paid platforms such as Filehoster, distribution behind paywalls, etc. is prohibited.
8.9 In the event that you create user generated content for the multimedia program, you retain the rights to the content you have generated, but you grant GIANTS the right to use the user generated content you have generated.
8.10 In the event that you create, disseminate, exchange, send, transfer, announce or upload user generate content for the multimedia program, you automatically grant GIANTS the usage rights outlined below without GIANTS having to obtain consent or pay you for your user generated content.
• By disseminating, exchanging, sending, transferring, announcing, uploading your user generated content or making it publicly available via the internet, you grant GIANTS the global, free of charge, unlimited, irrevocable, non-exclusive and fully sublicensable right to copy, disseminate, publish, revise, translate, archive, store the user generated content you have generated and to make edits in any form, format and to publish these in currently known media as well as media developed in the future. You waive any moral rights which you may have to the user generated content that you generate.
• By disseminating, exchanging, sending, transferring, announcing and uploading your user generated content, you recognize that other users may possible make use of your user generated content. GIANTS is not liable for the conduct of other users which may possibly infringe rights to your user generated content. In the event of disputes with other users, you are responsible for contacting the user in question and asserting any claims. Do not contact GIANTS.
• You grant GIANTS a free license for all user generated content that you create or share during your use of the multimedia program, the GIANTS Editor and/or the online service that is without limitation in time and scope, transferrable, irrevocable, unlimited, for all devices, formats or forms currently known or designed in future that can be granted, transferred, rented or made available to the public in the form of a license. This license primarily covers the rights to copying, editing, full or partial reproduction, adjustment, development, translation, usage for any device, integration into other works, full or partial removal of elements and/or addition of elements and their deletion, publication, distribution, sale or commercialization.
8.10 At the point in time of the creation, usage or dissemination of the user generated content, you guarantee that you are the owner of the usage rights to the user generated content you have created. Furthermore, you guarantee that no copyrights or other rights of third parties are infringed by the user generated content you have created.
8.11 You declare and confirm that you are solely liable for the user generated content and that GIANTS can thus not be held responsible. You are personally and directly liable for the infringement of rights held by third parties for which you are responsible. You are obligated to compensate GIANTS for all damages incurred due to culpable non-compliance with your obligations.
8.12 GIANTS is authorized but not obligated to perform a check of any kind or an evaluation of the user generated content. A preventative check is not performed in principle. You therefore declare and confirm that you are fully liable for the user generated content and GIANTS cannot be made responsible for this.
8.13 You are solely responsible for contents, comments and opinions contained within the user generated content. GIANTS distances itself from the aforesaid. In this respect, any liability is excluded.
8.14 GIANTS does not guarantee the accuracy, actuality or validity of the information or elements within user generated content and cannot be held responsible for the losses or damages incurred by the use of these elements.
8.15 GIANTS reserves the right to delete, restrict, disable or change your account for the online services and your user generated content (as well as the option to share or create user generated content online) in the event of an infringement of these conditions.
8.16 You release GIANTS from all claims that other customers or other third parties may levy against GIANTS due to the infringement of their rights by user generated content or contents you have created or due to the infringement of other obligations. You hereby also assume the costs for the necessary legal defense of GIANTS including all court and solicitor fees. This does not apply to the extent that the legal infringement is not attributed to you.
8.17 To the extent that GIANTS receives notification that a user’s user generated content infringes the rights of third parties, GIANTS can stop the provision of any profits to the user, to the extent that no settlement has been made with the owner of the third party rights and evidenced to GIANTS. If such a notification is received, the provision of profits will be restored or permanently stopped at the discretion of GIANTS.
8.18 GIANTS reserves the right to stop the provision of any profits to the user in the event of an infringement of these conditions.
9. Web Radio
The multimedia program may potentially allow you access to internet radio via streaming (‘Web Radio’). The multimedia program may potentially provide the function of a preselected list of web radio stations that you can expand as you wish. These functions do not constitute an integral element of the multimedia program. If this is not available or access to this is not possible, no claims can be brought against GIANTS. Access to web radio is solely a technical function to play such web radio. This accesses external sources. GIANTS is not responsible for the contents broadcast via web radio.
10. Data Protection
GIANTS can collect certain personal information during your registration for the online service (username, email). The processing of the personal information collected as part of this agreement is handled as per the General Data Protection Regulation (GDPR).
GIANTS collects personal information to the extent that this is required for the use of the online service.
You can find more information about your rights and how GIANTS processes your personal information in our Data Protection Regulations.
11. General Provisions
11.1 Export control
You may not export, download or re-export the multimedia program to any nation (citizen or resident) if it is subject to a valid embargo.
11.2 Applicable law
This contract is governed by German law with the exception of the conflict laws rules.
Copyright © 1994-2008 Lua.org, PUC-Rio.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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libjpeg
Copyright © 1991 - 1998 Thomas G. Lane
This software is based in part on the work of the Independent JPEG Group.
Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.
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Copyright (C) 2010-2012 Unity Technologies Inc.
Copyright (C) 2012 BitSquid AB
Copyright (C) 2005-2006 ATI Research Inc. Ltd.
Copyright (C) 2002-2005 3Dlabs Inc. Ltd.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
Neither the name of 3Dlabs Inc. Ltd. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT HOLDERS OR CONTRIBUTORS 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
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Copyright (c) 2005-2009, Thomas BERNARD
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.