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ATMODEPTH
END-USER LICENSE AGREEMENT
ATMOTECH
END-USER LICENSE AGREEMENT FOR THE USE OF THE GAME ATMOTECH INCLUDING ALL ITS EPISODES, ADDONS, MODIFICATIONS OR OTHER CONTENT THAT MAY BE RELEASED BY ATMODEPTH FOR THIS GAME
ATMODEPTH is the pseudonym for the independent game developer Walter Simeth. Copyright for the game developer pseudonym ATMODEPTH and the game and franchise ATMOTECH by Walter Simeth. The agreement fort is set between the End-user and Walter Simeth (referred as ATMODEPTH in this agreement).
The game ATMOTECH was made with Crytek’s CRYENGINE V by ATMODEPTH.
Portions of this software are included under license © 2004-2018 Crytek GmbH. All rights reserved.
This End-user license agreement (this "Agreement") for the use of the game ATMOTECH is entered into between ATMODEPTH, Austria ("ATMODEPTH") and you, the user (the "End-user" or "You").
The Agreement is made effective beginning on the date on which you, the End-user, first accept this agreement or download, install, load or otherwise use the game ATMOTECH or its additional content by ATMODEPTH in any way.
By doing so, you, the End-user, agree to all terms and conditions of this agreement or in the accompanying documentation. If you do not agree with the terms and conditions set forth in this agreement you are not authorized to use or play ATMOTECH.
ATMODEPTH may modify this agreement at any time. ATMODEPTH will publicize revisions to this Agreement by a notice on official ATMODEPTH-websites. Links to ATMODEPTH-websites might be posted on e.g. the vendors certain internet shop pages where ATMOTECH will be sold. Revisions to terms affecting existing ATMOTECH shall be effective fourteen (14) days after posting. If you do not agree with the new terms your only remedy is to stop using or playing ATMOTECH.
1. Definition
“ATMOTECH”: a franchise, story, fictional universe and game that consists of multiple, either standalone or non-standalone, episodes, add-ons, modifications or other products which may be created and exploit commercially or non-commercially by ATMODEPTH on its sole discretion. The game ATMOTECH is consisting of multiple episodes like, but not limited to, “PRAELUDIUM”, “CYBERTECH”.
2. Copyright and Trademarks
The game ATMOTECH was made with Crytek’s CRYENGINE V by ATMODEPTH.
Portions of this software are included under license © 2004-2018 Crytek GmbH. All rights reserved.
Intellectual Property Rights: ATMOTECH, its story and its original names, words and characters and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by ATMODEPTH or its affiliates and are protected by Austrian and other national and international law. All rights reserved.
3. Use of this Product and Permissions
ATMODEPTH reserves all rights not expressively granted in this Agreement. Without limitation, End-user shall not redistribute, sublicense or exploit the game ATMOTECH or parts of it in any form or use it for the development of any product in a different way than granted in this license agreement without ATMODEPTH’s prior written permission. You shall not create content which could cause loss of profits for anyone.
3.1. Commercial usable Content creation by the End-user
The End-user is allowed to publish content, created with the use of ATMOTECH, which does not harm or insult anybody or anybody’s works or creations. This content (except for modifications or add-ons) must not contain parts of the game ATMOTECH in object code form but can include screenshots, videos or otherwise recorded gameplay. Such content may be used in non-commercial or also monetized ways e.g. in the form of videos, shows or streams on the internet or other platforms which provide such content completely free to their audience or also with ads. If the End-user wants to use ATMOTECH to create something like e.g. a show, film or stock-photography with the intention to exploit it to his customers against a payment, he needs ATMODEPTH’s written permission before doing so and might have to provide royalties to ATMODEPTH in case of a permission.
3.2. Modifications by the End-user on the Game
ATMODEPTH grants to you a personal, non-exclusive license to open and modify the not encrypted files directly shipped with the game for producing non-commercial additional game content for the only use with the game ATMOTECH. The creation of standalone content or modifications of the game ATMOTECH is prohibited without ATMODEPTH’s prior written permission.
3.3. Commercially usable Content Packs for Developers
ATMODEPTH reserves the right to release content packs for the commercial creation and exploit of content by third parties for this game (those content packs might be released on e.g. internet platforms like the CRYENGINE marketplace). Such content packs might be distributed by ATMODEPTH under their own licenses. In case of a conflict between content pack licenses by ATMODEPTH and this agreement the content pack license shall prevail.
3.4. Public use and amusement Halls
The End-user is allowed to show and use or provide playing of his legally purchased copy of the game ATMOTECH non-commercially in the public or in amusement halls to his customers e.g. as free playable game for his customers or as screen saver as long as this happens in a way which does not harm or insult anybody or anybody’s works or creations. For every computing system on which ATMOTECH is made playable for the End-user’s customers at the same time one copy of ATMOTECH has to be purchased (e.g. if the End-user wishes to make ATMOTECH playable for his customers simultaneously on three different computers he has to purchase three copies of ATMOTECH). If the End-user wants to provide the playing of ATMOTECH to his customers against a payment he needs ATMODEPTH’s written permission before doing so and might have to provide royalties to ATMODEPTH in case of a positive permission.
3.4. Copyright Notice
Content, which shows, uses or stands in any relation to this ATMODEPTH product, created by the End-user, must contain a copyright notice to the original ATMODEPTH product. Those copyright notices shall be no less prominently displayed than End-user’s own copyright notices. Such copyright notices may be a clearly visible reference to the game name (ATMOTECH) or the name of its developer (ATMODEPTH) or both and can be for example part of a photos name or be placed in EULAs and credits. ATMODEPTH reserves the right to promote, use or refer to, by End-user in relation to ATMOTECH created, intellectual properties of any kind like, but not limited to, events, characters, places or stories.
4. Warranty, Indemnification
4.1. ATMODEPTH WARRANTY DISCLAIMER. ATMODEPTH GIVES NO WARRANTY. SOFTWARE IS DELIVERED "AS IS". ATMODEPTH DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRATICE.
4.2. INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL ATMODEPTH BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY END-USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ATMODEPTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3. The End-user shall indemnify and hold harmless ATMODEPTH against all costs and expenses (including reasonable attorney’s fees and expenses) and all other liability related to any claim on End-user’s use of the game ATMOTECH.
5. General Provisions
5.1. If any provision of this agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this agreement and all provisions of this agreement not affected by such invalidity or unenforceability shall remain in full force and effect.
5.2. This Agreement shall be governed and construed by the laws of Austria. Place of performance of this Agreement is Berndorf (Austria). If the End-user is defendant, ATMODEPTH might, if admissible, determine as court of jurisdiction the court where the End-user is resident or the court competent for the corporate domicile of ATMODEPTH which currently is in Berndorf (Austria). If ATMODEPTH is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Berndorf. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement. ATMODEPTH does not participate in alternate dispute resolution in front of consumer arbitration boards.
6. Third Party Software
By starting the game ATMOTECH trough the “ATMOTECH_Game_Online.bat” file you consent to the license of OpenVPNPortable which is the GNU General Public License version 2.0 (GPLv2). When having other OpenVPN installatons on the system, OpenVPNPortbale could get in conflight with them.
END-USER LICENSE AGREEMENT
ATMOTECH
END-USER LICENSE AGREEMENT FOR THE USE OF THE GAME ATMOTECH INCLUDING ALL ITS EPISODES, ADDONS, MODIFICATIONS OR OTHER CONTENT THAT MAY BE RELEASED BY ATMODEPTH FOR THIS GAME
ATMODEPTH is the pseudonym for the independent game developer Walter Simeth. Copyright for the game developer pseudonym ATMODEPTH and the game and franchise ATMOTECH by Walter Simeth. The agreement fort is set between the End-user and Walter Simeth (referred as ATMODEPTH in this agreement).
The game ATMOTECH was made with Crytek’s CRYENGINE V by ATMODEPTH.
Portions of this software are included under license © 2004-2018 Crytek GmbH. All rights reserved.
This End-user license agreement (this "Agreement") for the use of the game ATMOTECH is entered into between ATMODEPTH, Austria ("ATMODEPTH") and you, the user (the "End-user" or "You").
The Agreement is made effective beginning on the date on which you, the End-user, first accept this agreement or download, install, load or otherwise use the game ATMOTECH or its additional content by ATMODEPTH in any way.
By doing so, you, the End-user, agree to all terms and conditions of this agreement or in the accompanying documentation. If you do not agree with the terms and conditions set forth in this agreement you are not authorized to use or play ATMOTECH.
ATMODEPTH may modify this agreement at any time. ATMODEPTH will publicize revisions to this Agreement by a notice on official ATMODEPTH-websites. Links to ATMODEPTH-websites might be posted on e.g. the vendors certain internet shop pages where ATMOTECH will be sold. Revisions to terms affecting existing ATMOTECH shall be effective fourteen (14) days after posting. If you do not agree with the new terms your only remedy is to stop using or playing ATMOTECH.
1. Definition
“ATMOTECH”: a franchise, story, fictional universe and game that consists of multiple, either standalone or non-standalone, episodes, add-ons, modifications or other products which may be created and exploit commercially or non-commercially by ATMODEPTH on its sole discretion. The game ATMOTECH is consisting of multiple episodes like, but not limited to, “PRAELUDIUM”, “CYBERTECH”.
2. Copyright and Trademarks
The game ATMOTECH was made with Crytek’s CRYENGINE V by ATMODEPTH.
Portions of this software are included under license © 2004-2018 Crytek GmbH. All rights reserved.
Intellectual Property Rights: ATMOTECH, its story and its original names, words and characters and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by ATMODEPTH or its affiliates and are protected by Austrian and other national and international law. All rights reserved.
3. Use of this Product and Permissions
ATMODEPTH reserves all rights not expressively granted in this Agreement. Without limitation, End-user shall not redistribute, sublicense or exploit the game ATMOTECH or parts of it in any form or use it for the development of any product in a different way than granted in this license agreement without ATMODEPTH’s prior written permission. You shall not create content which could cause loss of profits for anyone.
3.1. Commercial usable Content creation by the End-user
The End-user is allowed to publish content, created with the use of ATMOTECH, which does not harm or insult anybody or anybody’s works or creations. This content (except for modifications or add-ons) must not contain parts of the game ATMOTECH in object code form but can include screenshots, videos or otherwise recorded gameplay. Such content may be used in non-commercial or also monetized ways e.g. in the form of videos, shows or streams on the internet or other platforms which provide such content completely free to their audience or also with ads. If the End-user wants to use ATMOTECH to create something like e.g. a show, film or stock-photography with the intention to exploit it to his customers against a payment, he needs ATMODEPTH’s written permission before doing so and might have to provide royalties to ATMODEPTH in case of a permission.
3.2. Modifications by the End-user on the Game
ATMODEPTH grants to you a personal, non-exclusive license to open and modify the not encrypted files directly shipped with the game for producing non-commercial additional game content for the only use with the game ATMOTECH. The creation of standalone content or modifications of the game ATMOTECH is prohibited without ATMODEPTH’s prior written permission.
3.3. Commercially usable Content Packs for Developers
ATMODEPTH reserves the right to release content packs for the commercial creation and exploit of content by third parties for this game (those content packs might be released on e.g. internet platforms like the CRYENGINE marketplace). Such content packs might be distributed by ATMODEPTH under their own licenses. In case of a conflict between content pack licenses by ATMODEPTH and this agreement the content pack license shall prevail.
3.4. Public use and amusement Halls
The End-user is allowed to show and use or provide playing of his legally purchased copy of the game ATMOTECH non-commercially in the public or in amusement halls to his customers e.g. as free playable game for his customers or as screen saver as long as this happens in a way which does not harm or insult anybody or anybody’s works or creations. For every computing system on which ATMOTECH is made playable for the End-user’s customers at the same time one copy of ATMOTECH has to be purchased (e.g. if the End-user wishes to make ATMOTECH playable for his customers simultaneously on three different computers he has to purchase three copies of ATMOTECH). If the End-user wants to provide the playing of ATMOTECH to his customers against a payment he needs ATMODEPTH’s written permission before doing so and might have to provide royalties to ATMODEPTH in case of a positive permission.
3.4. Copyright Notice
Content, which shows, uses or stands in any relation to this ATMODEPTH product, created by the End-user, must contain a copyright notice to the original ATMODEPTH product. Those copyright notices shall be no less prominently displayed than End-user’s own copyright notices. Such copyright notices may be a clearly visible reference to the game name (ATMOTECH) or the name of its developer (ATMODEPTH) or both and can be for example part of a photos name or be placed in EULAs and credits. ATMODEPTH reserves the right to promote, use or refer to, by End-user in relation to ATMOTECH created, intellectual properties of any kind like, but not limited to, events, characters, places or stories.
4. Warranty, Indemnification
4.1. ATMODEPTH WARRANTY DISCLAIMER. ATMODEPTH GIVES NO WARRANTY. SOFTWARE IS DELIVERED "AS IS". ATMODEPTH DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRATICE.
4.2. INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL ATMODEPTH BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY END-USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ATMODEPTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3. The End-user shall indemnify and hold harmless ATMODEPTH against all costs and expenses (including reasonable attorney’s fees and expenses) and all other liability related to any claim on End-user’s use of the game ATMOTECH.
5. General Provisions
5.1. If any provision of this agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this agreement and all provisions of this agreement not affected by such invalidity or unenforceability shall remain in full force and effect.
5.2. This Agreement shall be governed and construed by the laws of Austria. Place of performance of this Agreement is Berndorf (Austria). If the End-user is defendant, ATMODEPTH might, if admissible, determine as court of jurisdiction the court where the End-user is resident or the court competent for the corporate domicile of ATMODEPTH which currently is in Berndorf (Austria). If ATMODEPTH is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Berndorf. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement. ATMODEPTH does not participate in alternate dispute resolution in front of consumer arbitration boards.
6. Third Party Software
By starting the game ATMOTECH trough the “ATMOTECH_Game_Online.bat” file you consent to the license of OpenVPNPortable which is the GNU General Public License version 2.0 (GPLv2). When having other OpenVPN installatons on the system, OpenVPNPortbale could get in conflight with them.