End User Licence Agreement

Introduction.

This licence agreement is a contract (the “Licence”) between you, the person using this software product (the “Game”), and Rebellion Interactive Limited (“Rebellion”). Your installation or use of the Game indicates your acceptance of the terms of this Licence.

Licence.

Rebellion hereby grants you a limited, non exclusive, non transferable licence to install the Game on your home computer and to use the Game in accordance with the user instructions published by Rebellion and solely for your personal entertainment. All other rights are reserved to Rebellion.

Ownership.

The Game is licensed, not sold, and no rights, title or ownership in the Game (or any part of it) are transferred to you. All intellectual property rights in or relating to the Game are the sole property of Rebellion.

Limitations on Use.

You agree that you shall not: (a) exploit any part of the Game commercially or in return for any valuable consideration; (b) sell, lease, rent, license, distribute or otherwise transfer the Game without the approval of Rebellion; (c) reverse engineer, modify, decompile, create derivative works of or disassemble the Game (except to the extent that Rebellion is required by law to permit, and then only after notifying Rebellion of your intention to do so); or (d) circumvent or disable or remove any copy protection technology or copyright or trade mark notices.

Warranty.

Rebellion warrants that for 90 days after you first acquired the Game, and provided that the Game was installed and used on a PC with the appropriate configuration, the Game will function substantially in accordance with the Game specifications published by Rebellion.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REBELLION DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN RESPECT OF THE GAME.

Limitation of Liability

IN NO EVENT SHALL REBELLION BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSS UNDER OR IN CONNECTION WITH THIS LICENCE OR IN ANY OTHER MANNER IN CONNECTION WITH THE GAME.

THE ENTIRE LIABILITY OF REBELLION UNDER OR IN CONNECTION WITH THIS LICENCE OR IN ANY OTHER MANNER IN CONNECTION WITH THE GAME SHALL BE LIMITED TO AN OBLIGATION EITHER TO REFUND THE PURCHASE PRICE FOR THE GAME OR TO PROVIDE A REPLACEMENT COPY OF THE GAME (AS DETERMINED BY REBELLION IN ITS SOLE DISCRETION).

However, nothing in this Licence shall limit the liability of Rebellion for fraudulent misrepresentation, personal injury caused by Rebellion’s negligence, or any other form of liability which cannot be limited or excluded by contract.

Jurisdiction.

This Licence shall be construed according to English law and the English courts have exclusive jurisdiction over any dispute concerning the Game or this Licence. No terms of this Licence are enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

SOFTWARE LICENSE AGREEMENT ("LEVEL EDITOR")


IMPORTANT - READ CAREFULLY: Battlezone 98 Redux (THE "PROGRAM ") CONTAINS LEVEL EDITING TOOLS ("LEVEL EDITOR") THAT ALLOWS YOU TO CREATE CUSTOMIZED NEW GAME MISSIONS AND OTHER RELATED GAME MATERIALS FOR PERSONAL USE IN CONNECTION WITH THE PROGRAM ("NEW GAME MATERIALS"). THE USE OF THE LEVEL EDITOR IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. BY USING THE LEVEL EDITOR, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH REBELLION. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE LEVEL EDITOR.

LIMITED USE LICENSE. Rebellion Interactive Limited.("Rebellion") grants you the non-exclusive, non-transferable, limited right to use the Level Editor for the purpose of creating New Game Materials solely and exclusively for personal use. For purposes of this Agreement, "New Game Materials" represent computer data that modifies, substitutes for or adds new materials to the materials currently contained in the Product, thus modifying or replacing one or more existing game missions and other constituent elements provided in the Product. You shall not create New Game Materials, or tools that have no substantial purpose other than to contribute to the creation of New Game Materials, except as expressly permitted pursuant to this Agreement. All rights not specifically granted under this Agreement are reserved by Rebellion and, as applicable, its licensors. The Level Editor is licensed, not sold. Your license and the use of the Level Editor confers no title or ownership in the Level Editor or the New Game Materials created using the Level Editor and should not be construed as a sale of any rights in the Level Editor or such New Game Materials.

* OWNERSHIP. All title, ownership and use rights and intellectual property rights in and to the Level Editor and the New Game Materials created by you using the Level Editor are owned by Rebellion or its licensors and are protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. In the event that you should, by operation of law, be deemed to retain any rights in any New Game Materials created by you, you, by using the Level Editor, hereby irrevocably assign, without any further consideration and regardless of any use by Rebellion of such New Game Materials, all of your rights and interest, if any, in and to such New Game Materials to Rebellion. You also hereby grant Rebellion an irrevocable, perpetual, exclusive, fully paid and royalty-free license to exercise any rights, including moral rights, to any and all aspects of the New Game Materials.

LICENSE CONDITIONS.
* You agree that as a condition to Rebellion's consent to allow you to use the Level Editor, you will not use or allow third parties to use the Level Editor and the New Game Materials created by you for commercial purposes, including but not limited to selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of such New Game Materials, whether on a stand alone basis or packaged in combination with the New Game Materials created by others, through any and all distribution channels, including, without limitation, retail sales and on-line electronic distribution. You agree not to solicit, initiate or encourage any proposal or offer from any person or entity to create any New Game Materials for commercial distribution. You agree to promptly inform Rebellion in writing of any instances of your receipt of any such proposal or offer.
* If you decide to make available the use of the New Game Materials created by you to your friends, family, co-workers and other fellow gamers, you agree to do so solely without charge.
* You shall create New Game Materials only if such New Game Materials can be used exclusively in combination with the retail version of the Product. The New Game Materials may not be designed to be used as a stand-alone product.
* New Game Materials shall not contain modifications to any COM, EXE or DLL files or to any other executable Product files.
* New Game Materials must not contain any illegal, obscene or defamatory materials, materials that infringe rights of privacy and publicity of third parties or (without appropriate irrevocable licenses granted specifically for that purpose) any trademarks, copyright-protected works or other properties of third parties.
* New Game Materials must contain prominent identification at least in any on-line description and with reasonable duration on the opening screen: (a) the name and E-mail address of the New Game Materials' creator(s) and (b) the words "THIS MATERIAL IS NOT MADE OR SUPPORTED BY REBELLION."
* You will not use the Level Editor to reverse engineer, extract source code, modify, decompile or disassemble the Program, in whole or in part.

TERMINATION. Without prejudice to any other rights of Rebellion, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must immediately discontinue the use of the Level Editor and any New Game Materials created using the Level Editor.

INJUNCTION. Because Rebellion would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Rebellion shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Rebellion may otherwise have under applicable laws.

INDEMNITY. You agree to indemnify, defend and hold Rebellion, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Level Editor pursuant to the terms of this Agreement

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Licence shall be construed according to English law and the English courts have exclusive jurisdiction over any dispute concerning the Level Editor or this Licence. No terms of this Licence are enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

If you have any questions concerning this license, you may contact Rebellion at support@rebellion.co.uk

For FAQs and other information please visit www.rebellion.co.uk.