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End User License Agreement
** PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING THIS SOFTWARE. **
The following End User License Agreement (EULA) governs the transaction and continuing use between Wargame Design Studio, WDS LLC (WDS) and you, the purchaser of this product (end user). This software (including all executables, data sets, intellectual property, computer code, scenarios, graphics, maps, and documentation) and associated unique serial number are hereafter referred to as the “Program” and is copyrighted material. The Program is protected by copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved.
** If you do not agree to this EULA then cancel the installation process, delete all copies of the installation software and contact WDS Support for a full refund within thirty (30) days of the original purchase. **
A. Limited Use License - WDS grants the end user license for this Program for use on up to two (2) computers at any one time that you personally own. This normally constitutes a desktop and laptop computer. This license does not imply ownership, as ownership of this software remains with WDS. You are not entitled to:
(i) Sell or grant a security interest in or transfer reproductions of the Program to other parties at any time. You may not rent, lease, lend, license, disassemble, decompile, reverse engineer, or modify the Program in any way.
(ii) Individually sell or include as part of a larger package for sale, any game specific content designed with the included editors or generated by a third parties’ applications (mods).
(iii) Install the Program on a third parties’ computer for use in anyway.
B. Multi-player - The Program includes the ability for multi-player game play either by hotseat, play by email (PBEM), local area network (LAN) or across the Internet. To clarify:
(i) Hotseat play is conducted on a single computer with two players sitting in front of the computer at alternate times to conduct their turns. This is covered with a single purchased copy of the Program.
(ii) PBEM is conducted over the Internet between two or more remote players. A separate purchase of the Program is required for each person to conduct this style of play.
(iii) LAN play is conducted in one location with multiple computers attached to the same network. You may have two (2) copies of the game installed on two (2) separate computers you personally own to conduct this style of play within your own home. However, if multiple people wish to gather in a single point bringing their own computers to connect to a single network, then each user must bring their own copy of the Program.
(iv) Internet play requires each user to have their own copy of the Program.
C. Reproduction - copies of the Program may be done under the following circumstances:
(i) Making backup copies of the installation file (.msi) to be able to reinstall the game at a future time. There are no limits to the number of copies that may be made for this purpose, or on the medium in which they are stored. This copy must be an exact copy of the original installation software distributed by WDS including all proprietary notices, license agreement and trademarks.
(ii) Cloning the installation directory on your local computer for the purpose of running graphical modifications to preserve the original “stock” software.
(iii) Printing or having a print / copy shop make a printout of the documentation.
D. User created content is approved and encouraged. Editors are included with most software in order that new scenarios, campaigns, orders of battle, parameter data files and maps may be created to further the enjoyment of the end user. This content may be shared with others if the following criteria is met:
(i) Any such content must be shared free of charge or license with no express or implied warranty.
(ii) Credit and link must be given to WDS as the creators and original license holders of the Program, and that a licensed copy of said Program is required to execute the user created content.
(iii) Any such content can be included in updates to the official software through the WDS site with both WDS and the author of such content being in mutual agreement. No financial compensation will be due the author of such content unless individually negotiated, in writing, with WDS prior to publication.
(iv) If graphical enhancements are created be sure to investigate the copyright status of said files. WDS assumes no liability for any graphical files not included with the original Program distributed by our site.
(v) Any persons not conforming to the above guidelines shall be guilty of copyright violation and subject to the appropriate civil or criminal action at the discretion of the copyright holder.
E. Permanent transfer of this software to a new end user is possible if you retain no copies, serial numbers, or documentation. The recipient must also agree to abide by the terms of this EULA.
F. Termination. This EULA is effective until terminated. You may terminate the EULA at any time by completely uninstalling the Program from your computer(s) and destroying the installation file(s) and serial number. WDS may, at its discretion, terminate this EULA if you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program.
G. Equitable Remedies. You hereby agree that WDS would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that WDS shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as WDS may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this EULA, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
H. Limited Warranty. WDS warrants to the original purchaser that the media (installation file) for the Program is free of defects in workmanship under normal use and service for 90 days from the date of delivery of the Program. This warranty does not cover material that has been lost, stolen, copied, or damaged by accident, misuse, neglect, or unauthorized modification.
WDS’s entire liability and your exclusive remedy shall be, at WDS’s option, either a return of the original purchase price or replacement of the media which does not meet the limited warranty described above. Exchange or refund will only take place after validation of original purchase by WDS staff. Any replacement Program shall be subject to this same limited warranty for the remainder of the original warranty period, or thirty (30) days, whichever is longer.
WDS makes no other warranty or representation, express, implied or any warranty arising from a course of dealing, trade usage, or trade practice with respect to the Program, their quality, performance, non-infringement, or fitness for a particular purpose. As a result, the Program are licensed “As Is”. In no event will WDS be liable for any special, incidental, or consequential damages resulting from possession, use, or malfunction of the Program.
As a normal part of operations and of good will towards the end users, WDS periodically offers free updates to published programs over the life of said programs. A program is deemed to be “end of life” if it is no longer offered for sale in the WDS store. The free updates and enhancements are offered “as is” to existing customers and as long as the base Program is operational, they are not required to be issued at any time. If an outside entity creates a problem where the Programs cease to operate as designed - such as a major Windows update - and it is found that said third party will not resolve the issue - WDS is not obligated to make changes to resolve said issue.
I. Disclaimer. You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort rests with you. The software is provided "as is"; with all faults and without further warranty of any kind, and WDS and their affiliates or licensors hereby disclaim all warranties and conditions with respect to the software, express, implied, or statutory not expressly noted in this EULA.
Limitation of liability is restricted to the full extent not prohibited by law, in no event will WDS be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Program, however caused, regardless of the theory of liability and even if WDS has been advised of the possibility of such damages. In no event shall WDS total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount which the purchaser paid for the software or forty US Dollars ($40) whichever is less. The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
J. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the United States. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
K. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Program licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by WDS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this licence shall govern.
** PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING THIS SOFTWARE. **
The following End User License Agreement (EULA) governs the transaction and continuing use between Wargame Design Studio, WDS LLC (WDS) and you, the purchaser of this product (end user). This software (including all executables, data sets, intellectual property, computer code, scenarios, graphics, maps, and documentation) and associated unique serial number are hereafter referred to as the “Program” and is copyrighted material. The Program is protected by copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved.
** If you do not agree to this EULA then cancel the installation process, delete all copies of the installation software and contact WDS Support for a full refund within thirty (30) days of the original purchase. **
A. Limited Use License - WDS grants the end user license for this Program for use on up to two (2) computers at any one time that you personally own. This normally constitutes a desktop and laptop computer. This license does not imply ownership, as ownership of this software remains with WDS. You are not entitled to:
(i) Sell or grant a security interest in or transfer reproductions of the Program to other parties at any time. You may not rent, lease, lend, license, disassemble, decompile, reverse engineer, or modify the Program in any way.
(ii) Individually sell or include as part of a larger package for sale, any game specific content designed with the included editors or generated by a third parties’ applications (mods).
(iii) Install the Program on a third parties’ computer for use in anyway.
B. Multi-player - The Program includes the ability for multi-player game play either by hotseat, play by email (PBEM), local area network (LAN) or across the Internet. To clarify:
(i) Hotseat play is conducted on a single computer with two players sitting in front of the computer at alternate times to conduct their turns. This is covered with a single purchased copy of the Program.
(ii) PBEM is conducted over the Internet between two or more remote players. A separate purchase of the Program is required for each person to conduct this style of play.
(iii) LAN play is conducted in one location with multiple computers attached to the same network. You may have two (2) copies of the game installed on two (2) separate computers you personally own to conduct this style of play within your own home. However, if multiple people wish to gather in a single point bringing their own computers to connect to a single network, then each user must bring their own copy of the Program.
(iv) Internet play requires each user to have their own copy of the Program.
C. Reproduction - copies of the Program may be done under the following circumstances:
(i) Making backup copies of the installation file (.msi) to be able to reinstall the game at a future time. There are no limits to the number of copies that may be made for this purpose, or on the medium in which they are stored. This copy must be an exact copy of the original installation software distributed by WDS including all proprietary notices, license agreement and trademarks.
(ii) Cloning the installation directory on your local computer for the purpose of running graphical modifications to preserve the original “stock” software.
(iii) Printing or having a print / copy shop make a printout of the documentation.
D. User created content is approved and encouraged. Editors are included with most software in order that new scenarios, campaigns, orders of battle, parameter data files and maps may be created to further the enjoyment of the end user. This content may be shared with others if the following criteria is met:
(i) Any such content must be shared free of charge or license with no express or implied warranty.
(ii) Credit and link must be given to WDS as the creators and original license holders of the Program, and that a licensed copy of said Program is required to execute the user created content.
(iii) Any such content can be included in updates to the official software through the WDS site with both WDS and the author of such content being in mutual agreement. No financial compensation will be due the author of such content unless individually negotiated, in writing, with WDS prior to publication.
(iv) If graphical enhancements are created be sure to investigate the copyright status of said files. WDS assumes no liability for any graphical files not included with the original Program distributed by our site.
(v) Any persons not conforming to the above guidelines shall be guilty of copyright violation and subject to the appropriate civil or criminal action at the discretion of the copyright holder.
E. Permanent transfer of this software to a new end user is possible if you retain no copies, serial numbers, or documentation. The recipient must also agree to abide by the terms of this EULA.
F. Termination. This EULA is effective until terminated. You may terminate the EULA at any time by completely uninstalling the Program from your computer(s) and destroying the installation file(s) and serial number. WDS may, at its discretion, terminate this EULA if you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program.
G. Equitable Remedies. You hereby agree that WDS would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that WDS shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as WDS may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this EULA, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
H. Limited Warranty. WDS warrants to the original purchaser that the media (installation file) for the Program is free of defects in workmanship under normal use and service for 90 days from the date of delivery of the Program. This warranty does not cover material that has been lost, stolen, copied, or damaged by accident, misuse, neglect, or unauthorized modification.
WDS’s entire liability and your exclusive remedy shall be, at WDS’s option, either a return of the original purchase price or replacement of the media which does not meet the limited warranty described above. Exchange or refund will only take place after validation of original purchase by WDS staff. Any replacement Program shall be subject to this same limited warranty for the remainder of the original warranty period, or thirty (30) days, whichever is longer.
WDS makes no other warranty or representation, express, implied or any warranty arising from a course of dealing, trade usage, or trade practice with respect to the Program, their quality, performance, non-infringement, or fitness for a particular purpose. As a result, the Program are licensed “As Is”. In no event will WDS be liable for any special, incidental, or consequential damages resulting from possession, use, or malfunction of the Program.
As a normal part of operations and of good will towards the end users, WDS periodically offers free updates to published programs over the life of said programs. A program is deemed to be “end of life” if it is no longer offered for sale in the WDS store. The free updates and enhancements are offered “as is” to existing customers and as long as the base Program is operational, they are not required to be issued at any time. If an outside entity creates a problem where the Programs cease to operate as designed - such as a major Windows update - and it is found that said third party will not resolve the issue - WDS is not obligated to make changes to resolve said issue.
I. Disclaimer. You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort rests with you. The software is provided "as is"; with all faults and without further warranty of any kind, and WDS and their affiliates or licensors hereby disclaim all warranties and conditions with respect to the software, express, implied, or statutory not expressly noted in this EULA.
Limitation of liability is restricted to the full extent not prohibited by law, in no event will WDS be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Program, however caused, regardless of the theory of liability and even if WDS has been advised of the possibility of such damages. In no event shall WDS total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount which the purchaser paid for the software or forty US Dollars ($40) whichever is less. The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
J. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the United States. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
K. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Program licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by WDS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this licence shall govern.