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END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED, NOT SOLD. SEGA HOLDINGS CO., LIMITED of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its affiliated companies (collectively, “SEGA” or “We”) reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the Game Software, Editors, Additional Content, Physical Materials and Key Code (each as defined below) and collectively as the “Product”.
If you have any questions about this agreement, you can reach SEGA at 27 Great West Road, Brentford, Middlesex, TW8 9BW, England, Attn. Legal Department.
This is a legal agreement between you and SEGA. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software or any third party software authorised for use with the Game Software by SEGA which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by SEGA (“ADDITIONAL CONTENT”), the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “PHYSICAL MATERIALS”), and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. SEGA requests that you contact one of the customer service centres advertised in the information accompanying any of the Products. Please note that there may be a charge for the telephone call to the customer service centre.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). SEGA RESERVES THE RIGHT TO AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, IN ANY MANNER, WITHOUT ANY LIABILITY TO SEGA AND AT SEGA’S SOLE DISCRETION. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/EULA SHOULD BE READ ALONGSIDE THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/Privacy) AND SEGA COOKIE POLICY AT (PUBLISHED AT http://www.sega.co.uk/cookiepolicy) . THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCT. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND SEGA SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
CANCELLATION RIGHTS: DIGITAL CONTENT
FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT AND/OR KEY CODE) YOU AGREE THAT SEGA MAKES THE PRODUCT AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER AND ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS EXPLICITLY STATED OTHERWISE BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT OF PRIVACY POLICY AND ACCEPTANCE OF TERMS
The Product is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Product may be subject to additional terms and conditions published by SEGA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://www.sega.co.uk/EULA.
Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Product after a modification has been made to the Agreement constitutes your acceptance of such modification.
By using the Product, you acknowledge that you have read and understood the terms of our privacy policy, made available at http://www.sega.co.uk/Privacy.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.
In the event that you are under the required age, you may not continue to use the Product, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Product. By using the Product, you warrant that you are old enough to use the Product without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Product at all times.
This Product may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Product using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for any of the Products. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE PRODUCT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY other FORM OF REPRODUCTION or ANY FORM OF distribution IS EXPRESSLY AND EXPLICITLY PROHIBITED, except where permitted by law. All rights not specifically granted under this Agreement are hereby reserved by SEGA and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Product (or any part thereof), without the express prior written consent of an authorised representative of SEGA.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. Except as expressly licensed to you herein, all right, title, and interest in and to the Product and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Product and any related documentation) are owned by SEGA or SEGA’s licensors.
The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains certain licensed materials, and Sega and Sega’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.
4. NO SALE OR ASSIGNMENT
SEGA does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content, Physical Materials and Key Code). Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.
5. USER GENERATED MATERIALS
The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronization of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional terms in the Schedule which apply and form part of this Agreement.
SEGA acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Game Software or Game Footage) shall belong to you. To the extent required by SEGA, with respect to the User-Generated Content, you automatically grant to SEGA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof) in any way SEGA sees fit.
SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which SEGA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by SEGA; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of SEGA and will remain our property or that of our group companies.
You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA.
You hereby warrant and represent that any User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or SEGA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by SEGA.
6. LICENSE CONDITIONS
You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Product or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless expressly authorised by SEGA;
(c) use the Product, or permit use of such Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Product or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part, except where permitted by law;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product, including but not limited to separating the Key Code from the Physical Materials included with the Product;
(g) export or re-export the Product or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Product unless such functionality is provided to you in the Editors.
If you commit any breach of this Agreement, your right to use the Product under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Product.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY SEGA IN SECTION 14 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE PRODUCT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE PRODUCT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA'S CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. INDEMNIFICATION
Upon a request by SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defences.
9. E-MAIL, MESSAGING, BLOGGING AND CHAT
SEGA may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Product, either directly or through a third-party provider. SEGA is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
SEGA may provide links to other third-party World Wide web sites or resources through the Product, either directly or through a third-party provider. SEGA makes no representations whatsoever about any other web site which you may access. Because SEGA has no control over such sites and resources, you acknowledge and agree that SEGA is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. SEGA makes no representation or warranty as to any third party content, products or services, and you agree that SEGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
10. INTERNATIONAL USE
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Product is void where prohibited. Without limiting the foregoing, the Product may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
11. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to SEGA prior to any termination. You retain full discretion to discontinue use of the Product at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SEGA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Product. The provisions of Sections 3, 4, 6, 7, 8, 10, 11, 12 and the Modding Terms shall survive any termination of this Agreement.
12. INJUNCTION
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, 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.
13. DATA PROTECTION NOTIFICATION
YOU ACKNOWLEDGE THAT SEGA MAY (I) PROCESS PERSONAL DATA (WHICH MAY INCLUDE SENSITIVE PERSONAL DATA) RELATING TO YOU AS PART OF YOUR USE OF THE PRODUCT AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL OR ENTITIES WITHIN SEGA, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE SEGA PRIVACY POLICY MADE AVAILABLE ONLINE AT http://www.sega.co.uk/Privacy. IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or by email at help@sega.co.uk. You can also contact our data protection officer at dpo@sega.co.uk.
14. LIMITED GAME SOFTWARE GUARANTEE
SUBJECT TO THE LIMITATION SET OUT BELOW, SEGA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERICAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE REAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT SEGA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR SEGA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD OR NINETY (90) DAYS FROM RECEIPT OF THE REPLACEMENT PRODUCT, WHICHEVER IS LONGER. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 7 OF THIS AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.
15. OPEN SOURCE SOFTWARE AND THIRD PARTY SOFTWARE
THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”) AND THIRD PARTY SOFTWARE (“TPS”). YOU AGREE TO BE BOUND BY LICENCE TERMS AS RESTRICTIVE AS THOSE CONTAINED HEREIN IN RESPECT OF THE OSS AND TPS CONTAINED IN THE SOFTWARE.
WWISE
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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 HOLDER 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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JSON (JavaScript Object Notation) version 0.6.0-rc2
Copyright (c) 2007-2010 Baptiste Lepilleur
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.
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Libpng VERSION 1.5.1
* Copyright (c) 1995-2018 The PNG Reference Library Authors.
* Copyright (c) 2018 Cosmin Truta.
* Copyright (c) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson.
* Copyright (c) 1996-1997 Andreas Dilger.
* Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
The software is supplied "as is", without warranty of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no even shall the Copyright owners, or anyone distributing the software, be liable for any damages or other liability, whether in contract, tort or otherwise, arising from, out of, or in connection with the software, or the use or other dealings in the software, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this software, or portions hereof, for any purpose, without fee, subject to the following restrictions:
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2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
PNG Reference Library License version 1 (for libpng 0.5 through 1.6.35)
libpng versions 1.0.7, July 1, 2000 through 1.6.35, July 15, 2018 are Copyright (c) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson, are derived from libpng-1.0.6, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors:
Simon-Pierre Cadieux
Eric S. Raymond
Mans Rullgard
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Google Inc.
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There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire Risk of satisfactory quality, performance, accuracy, and effort is with the user.
Some files in the "contrib" directory and some configure-generated files that are distributed with libpng have other copyright owners, and are released under other open source licenses.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998-2000 Glenn Randers-Pehrson, are derived from libpng-0.96, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996-1997 Andreas Dilger, are derived from libpng-0.88, and are distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of
Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
Some files in the "scripts" directory have other copyright owners, but are released under this license.
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
Lua version 5.1
Copyright © 1994–2018 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.
Openssl version 0.9.8
Copyright © 1999-2018, OpenSSL Software Foundation.
Windows SDK
© 2013 Microsoft Corporation. All rights reserved.
Zlib compression library version 1.2.3
Copyright (C) 1995-2017 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
Simplygon version 6
© 2019 Microsoft Corporation — All Rights Reserved.
AMD (Advanced Micro Devices)
AMD, the AMD Arrow logo, ATI, the ATI logo, AMD Athlon, Radeon and combinations thereof are trade marks of Advanced Micro Devices, Inc. All other trade marks, logos and copyrights are the property of their respective owners. All rights reserved to their respective owners.
AMD Compress version 2
Copyright (c) 2018 Advanced Micro Devices, Inc. All rights reserved.
Copyright (c) 2004-2006 ATI Technologies Inc.
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.
FreeImage version 3.12
FreeImage Public License - Version 1.0
1. Definitions.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Floris van den Berg may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Floris van den Berg
No one other than Floris van den Berg has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases "FreeImage", `FreeImage Public License", "FIPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FreeImage Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the The Netherlands: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo, The Netherlands with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.
EXHIBIT A.
"The contents of this file are subject to the FreeImage Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://freeimage.sourceforge.net/freeimage-license.txt
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
Fbx SDK version 2014
This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright 2018 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall Autodesk, Inc. 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 such code.
libtiff version 4.06
Copyright (c) 1988-1997 Sam Leffler
Copyright (c) 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Nvidia Texture Tools version 2
NVIDIA Texture Tools is licensed under the MIT license.
Copyright (c) 2009-2017 Ignacio Castaño
Copyright (c) 2007-2009 NVIDIA Corporation
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.
DirectXTex version 134
Copyright (c) 2011-2019 Microsoft Corp
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.
DirectXMesh
Copyright (c) 2011-2019 Microsoft Corp
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.
WinPixEventRuntime
© 2019 Microsoft.
RenderDoc
Copyright (c) 2015-2018 Baldur Karlsson
Copyright (c) 2014 Crytek
Copyright (c) 1998-2018 Third party code and tools
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.
AMD GPU Services library
Copyright (c) 2017 Advanced Micro Devices, Inc. All rights reserved.
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.
NVAPI
Copyright (c) 2007-2017 NVIDIA Corporation. All rights reserved.
Font Forge
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 AUTHOR "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 AUTHOR 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.
16. TECHNICAL PROTECTION MEASURES
The technical protection measures of the Product may require you to download certain data to your device in order to authenticate the Product. If you disable or otherwise tamper with the technical protection measures, the Product may not operate properly and you are in material breach of this Agreement.
17. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning the Product and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
If any part of the 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 the Agreement or related rights shall not constitute a waiver of that right or provision.
SEGA 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 SEGA’s express prior written consent.
SEGA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of SEGA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
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.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts.
You may contact SEGA at the following address:
SEGA Europe Limited
Customer Service Department
27 Great West Road
Brentford
Middlesex
TW8 9BW
Email: customersupportuk@sega.co.uk
UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE PRODUCT ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
BY CONTINUING TO USE THE SEGA PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCTS IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
SCHEDULE
MODDING TERMS
SEGA encourages its users to express their creativity and enhance the experience of our games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect SEGA, the Product, any third party licensors that have licensed intellectual property to Sega for use in the 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 Product may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in the 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 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 SEGA and its licensors.
2. LICENCE
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, SEGA 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 SEGA (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods to the Steam Workshop Modding page for the Product if applicable (“Modding Page”), or as updated from time to time, which is owned and operated by Valve. Please visit Valve’s website for more details: http://store.steampowered.com/ Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page 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 Page. 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 SEGA, 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 Page in any way SEGA or its licensors see fit for use with the Product and any other products published by SEGA. You waive and agree never to assert against SEGA or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
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 Page and shall warrant and represent to SEGA 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 SEGA 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 SEGA as necessary for the creation of the Mod for use with the Product;
3. any third party assets, from other games published by SEGA and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by SEGA as published on the Modding Page which may be updated by SEGA 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 Product.
SEGA does not pre-vet or monitor any Mods which are uploaded to the Modding Page 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 Page. SEGA reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, SEGA 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.
4. INDEMNIFICATION
You agree to indemnify, defend and hold SEGA 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.
5. OUR LIABILITY
WE PROVIDE THE 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 TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL SEGA 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 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 AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. TERMINATION
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason. If you commit any breach of clauses 2 and 3 of the Modding Terms, the licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to SEGA to use any Mods which you create and publish to the Modding Page shall survive termination.
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA 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.
7. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning Mods, the Modding Tools and the Modding Page and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SEGA reserves the right to amend or modify these terms at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion. Any amendment or modification to these terms shall be made available at http://www.sega.co.uk/EULA.
THIS SOFTWARE IS LICENSED, NOT SOLD. SEGA HOLDINGS CO., LIMITED of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its affiliated companies (collectively, “SEGA” or “We”) reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the Game Software, Editors, Additional Content, Physical Materials and Key Code (each as defined below) and collectively as the “Product”.
If you have any questions about this agreement, you can reach SEGA at 27 Great West Road, Brentford, Middlesex, TW8 9BW, England, Attn. Legal Department.
This is a legal agreement between you and SEGA. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software or any third party software authorised for use with the Game Software by SEGA which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by SEGA (“ADDITIONAL CONTENT”), the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “PHYSICAL MATERIALS”), and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. SEGA requests that you contact one of the customer service centres advertised in the information accompanying any of the Products. Please note that there may be a charge for the telephone call to the customer service centre.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). SEGA RESERVES THE RIGHT TO AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, IN ANY MANNER, WITHOUT ANY LIABILITY TO SEGA AND AT SEGA’S SOLE DISCRETION. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/EULA SHOULD BE READ ALONGSIDE THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/Privacy) AND SEGA COOKIE POLICY AT (PUBLISHED AT http://www.sega.co.uk/cookiepolicy) . THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCT. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND SEGA SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
CANCELLATION RIGHTS: DIGITAL CONTENT
FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT AND/OR KEY CODE) YOU AGREE THAT SEGA MAKES THE PRODUCT AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER AND ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS EXPLICITLY STATED OTHERWISE BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT OF PRIVACY POLICY AND ACCEPTANCE OF TERMS
The Product is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Product may be subject to additional terms and conditions published by SEGA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://www.sega.co.uk/EULA.
Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Product after a modification has been made to the Agreement constitutes your acceptance of such modification.
By using the Product, you acknowledge that you have read and understood the terms of our privacy policy, made available at http://www.sega.co.uk/Privacy.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.
In the event that you are under the required age, you may not continue to use the Product, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Product. By using the Product, you warrant that you are old enough to use the Product without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Product at all times.
This Product may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Product using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for any of the Products. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE PRODUCT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY other FORM OF REPRODUCTION or ANY FORM OF distribution IS EXPRESSLY AND EXPLICITLY PROHIBITED, except where permitted by law. All rights not specifically granted under this Agreement are hereby reserved by SEGA and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Product (or any part thereof), without the express prior written consent of an authorised representative of SEGA.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. Except as expressly licensed to you herein, all right, title, and interest in and to the Product and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Product and any related documentation) are owned by SEGA or SEGA’s licensors.
The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains certain licensed materials, and Sega and Sega’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.
4. NO SALE OR ASSIGNMENT
SEGA does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content, Physical Materials and Key Code). Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.
5. USER GENERATED MATERIALS
The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronization of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional terms in the Schedule which apply and form part of this Agreement.
SEGA acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Game Software or Game Footage) shall belong to you. To the extent required by SEGA, with respect to the User-Generated Content, you automatically grant to SEGA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof) in any way SEGA sees fit.
SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which SEGA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by SEGA; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of SEGA and will remain our property or that of our group companies.
You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA.
You hereby warrant and represent that any User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or SEGA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by SEGA.
6. LICENSE CONDITIONS
You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Product or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless expressly authorised by SEGA;
(c) use the Product, or permit use of such Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Product or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part, except where permitted by law;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product, including but not limited to separating the Key Code from the Physical Materials included with the Product;
(g) export or re-export the Product or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Product unless such functionality is provided to you in the Editors.
If you commit any breach of this Agreement, your right to use the Product under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Product.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY SEGA IN SECTION 14 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE PRODUCT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE PRODUCT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA'S CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT. IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. INDEMNIFICATION
Upon a request by SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defences.
9. E-MAIL, MESSAGING, BLOGGING AND CHAT
SEGA may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Product, either directly or through a third-party provider. SEGA is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
SEGA may provide links to other third-party World Wide web sites or resources through the Product, either directly or through a third-party provider. SEGA makes no representations whatsoever about any other web site which you may access. Because SEGA has no control over such sites and resources, you acknowledge and agree that SEGA is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. SEGA makes no representation or warranty as to any third party content, products or services, and you agree that SEGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
10. INTERNATIONAL USE
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Product is void where prohibited. Without limiting the foregoing, the Product may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
11. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to SEGA prior to any termination. You retain full discretion to discontinue use of the Product at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SEGA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Product. The provisions of Sections 3, 4, 6, 7, 8, 10, 11, 12 and the Modding Terms shall survive any termination of this Agreement.
12. INJUNCTION
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, 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.
13. DATA PROTECTION NOTIFICATION
YOU ACKNOWLEDGE THAT SEGA MAY (I) PROCESS PERSONAL DATA (WHICH MAY INCLUDE SENSITIVE PERSONAL DATA) RELATING TO YOU AS PART OF YOUR USE OF THE PRODUCT AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL OR ENTITIES WITHIN SEGA, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE SEGA PRIVACY POLICY MADE AVAILABLE ONLINE AT http://www.sega.co.uk/Privacy. IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or by email at help@sega.co.uk. You can also contact our data protection officer at dpo@sega.co.uk.
14. LIMITED GAME SOFTWARE GUARANTEE
SUBJECT TO THE LIMITATION SET OUT BELOW, SEGA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERICAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE REAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT SEGA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR SEGA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD OR NINETY (90) DAYS FROM RECEIPT OF THE REPLACEMENT PRODUCT, WHICHEVER IS LONGER. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 7 OF THIS AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.
15. OPEN SOURCE SOFTWARE AND THIRD PARTY SOFTWARE
THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”) AND THIRD PARTY SOFTWARE (“TPS”). YOU AGREE TO BE BOUND BY LICENCE TERMS AS RESTRICTIVE AS THOSE CONTAINED HEREIN IN RESPECT OF THE OSS AND TPS CONTAINED IN THE SOFTWARE.
WWISE
Powered by Wwise © 2006 – 2019 Audiokinetic Inc. All rights reserved.
Google VP8 version 1
Copyright (c) 2010, Google Inc. 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 Google 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 HOLDER 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.
Iskra Bold
Iskra is a trademark of Tom Grace.
Iskra Medium
Iskra is a trademark of Tom Grace.
Fira Sans
Copyright (c) 2019, Ralph Carrois and Erik Spiekerman.
Noto Sans
Copyright 2019 - Google
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and limitations under the License.
JSON (JavaScript Object Notation) version 0.6.0-rc2
Copyright (c) 2007-2010 Baptiste Lepilleur
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.
Libpng VERSION 1.5.1
* Copyright (c) 1995-2018 The PNG Reference Library Authors.
* Copyright (c) 2018 Cosmin Truta.
* Copyright (c) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson.
* Copyright (c) 1996-1997 Andreas Dilger.
* Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
The software is supplied "as is", without warranty of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no even shall the Copyright owners, or anyone distributing the software, be liable for any damages or other liability, whether in contract, tort or otherwise, arising from, out of, or in connection with the software, or the use or other dealings in the software, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this software, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated, but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
PNG Reference Library License version 1 (for libpng 0.5 through 1.6.35)
libpng versions 1.0.7, July 1, 2000 through 1.6.35, July 15, 2018 are Copyright (c) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson, are derived from libpng-1.0.6, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors:
Simon-Pierre Cadieux
Eric S. Raymond
Mans Rullgard
Cosmin Truta
Gilles Vollant
James Yu
Mandar Sahastrabuddhe
Google Inc.
Vadim Barkov
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire Risk of satisfactory quality, performance, accuracy, and effort is with the user.
Some files in the "contrib" directory and some configure-generated files that are distributed with libpng have other copyright owners, and are released under other open source licenses.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998-2000 Glenn Randers-Pehrson, are derived from libpng-0.96, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996-1997 Andreas Dilger, are derived from libpng-0.88, and are distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of
Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
Some files in the "scripts" directory have other copyright owners, but are released under this license.
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
Lua version 5.1
Copyright © 1994–2018 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.
Openssl version 0.9.8
Copyright © 1999-2018, OpenSSL Software Foundation.
Windows SDK
© 2013 Microsoft Corporation. All rights reserved.
Zlib compression library version 1.2.3
Copyright (C) 1995-2017 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
Simplygon version 6
© 2019 Microsoft Corporation — All Rights Reserved.
AMD (Advanced Micro Devices)
AMD, the AMD Arrow logo, ATI, the ATI logo, AMD Athlon, Radeon and combinations thereof are trade marks of Advanced Micro Devices, Inc. All other trade marks, logos and copyrights are the property of their respective owners. All rights reserved to their respective owners.
AMD Compress version 2
Copyright (c) 2018 Advanced Micro Devices, Inc. All rights reserved.
Copyright (c) 2004-2006 ATI Technologies Inc.
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.
FreeImage version 3.12
FreeImage Public License - Version 1.0
1. Definitions.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Floris van den Berg may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Floris van den Berg
No one other than Floris van den Berg has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases "FreeImage", `FreeImage Public License", "FIPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FreeImage Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the The Netherlands: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo, The Netherlands with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.
EXHIBIT A.
"The contents of this file are subject to the FreeImage Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://freeimage.sourceforge.net/freeimage-license.txt
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
Fbx SDK version 2014
This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright 2018 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall Autodesk, Inc. 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 such code.
libtiff version 4.06
Copyright (c) 1988-1997 Sam Leffler
Copyright (c) 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Nvidia Texture Tools version 2
NVIDIA Texture Tools is licensed under the MIT license.
Copyright (c) 2009-2017 Ignacio Castaño
Copyright (c) 2007-2009 NVIDIA Corporation
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.
DirectXTex version 134
Copyright (c) 2011-2019 Microsoft Corp
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.
DirectXMesh
Copyright (c) 2011-2019 Microsoft Corp
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.
WinPixEventRuntime
© 2019 Microsoft.
RenderDoc
Copyright (c) 2015-2018 Baldur Karlsson
Copyright (c) 2014 Crytek
Copyright (c) 1998-2018 Third party code and tools
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.
AMD GPU Services library
Copyright (c) 2017 Advanced Micro Devices, Inc. All rights reserved.
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.
NVAPI
Copyright (c) 2007-2017 NVIDIA Corporation. All rights reserved.
Font Forge
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 AUTHOR "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 AUTHOR 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.
16. TECHNICAL PROTECTION MEASURES
The technical protection measures of the Product may require you to download certain data to your device in order to authenticate the Product. If you disable or otherwise tamper with the technical protection measures, the Product may not operate properly and you are in material breach of this Agreement.
17. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning the Product and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
If any part of the 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 the Agreement or related rights shall not constitute a waiver of that right or provision.
SEGA 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 SEGA’s express prior written consent.
SEGA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of SEGA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
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.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts.
You may contact SEGA at the following address:
SEGA Europe Limited
Customer Service Department
27 Great West Road
Brentford
Middlesex
TW8 9BW
Email: customersupportuk@sega.co.uk
UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE PRODUCT ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
BY CONTINUING TO USE THE SEGA PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCTS IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
SCHEDULE
MODDING TERMS
SEGA encourages its users to express their creativity and enhance the experience of our games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect SEGA, the Product, any third party licensors that have licensed intellectual property to Sega for use in the 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 Product may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in the 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 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 SEGA and its licensors.
2. LICENCE
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, SEGA 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 SEGA (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods to the Steam Workshop Modding page for the Product if applicable (“Modding Page”), or as updated from time to time, which is owned and operated by Valve. Please visit Valve’s website for more details: http://store.steampowered.com/ Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page 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 Page. 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 SEGA, 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 Page in any way SEGA or its licensors see fit for use with the Product and any other products published by SEGA. You waive and agree never to assert against SEGA or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
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 Page and shall warrant and represent to SEGA 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 SEGA 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 SEGA as necessary for the creation of the Mod for use with the Product;
3. any third party assets, from other games published by SEGA and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by SEGA as published on the Modding Page which may be updated by SEGA 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 Product.
SEGA does not pre-vet or monitor any Mods which are uploaded to the Modding Page 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 Page. SEGA reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, SEGA 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.
4. INDEMNIFICATION
You agree to indemnify, defend and hold SEGA 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.
5. OUR LIABILITY
WE PROVIDE THE 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 TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL SEGA 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 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 AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. TERMINATION
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason. If you commit any breach of clauses 2 and 3 of the Modding Terms, the licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to SEGA to use any Mods which you create and publish to the Modding Page shall survive termination.
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA 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.
7. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning Mods, the Modding Tools and the Modding Page and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SEGA reserves the right to amend or modify these terms at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion. Any amendment or modification to these terms shall be made available at http://www.sega.co.uk/EULA.