mirror of
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211 lines
9.5 KiB
Plaintext
211 lines
9.5 KiB
Plaintext
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## Preamble
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1. This Agreement, created on:
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13th November 2023
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(hereinafter: Effective Date)
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governs the relationship between
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[Atle](https://www.gmodstore.com/users/76561198002319944)
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(hereinafter: Licensee)
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and
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[Stellio AS](https://www.gmodstore.com/teams/06f5de34-3186-4d26-baf8-926899b4b3ae)
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(hereinafter: Licensor).
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This Agreement sets the terms, rights, restrictions and obligations on using
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[eProtect - Keep exploiters/cheaters at bay!](https://www.gmodstore.com/market/view/7794c410-bcf4-49d3-aba2-f253cfb15344)
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(hereinafter: The Software)
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created and owned by Licensor, as detailed herein.
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## License Grant
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2. Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable,
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Commercial, Royalty free, Including the rights to create but not distribute
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derivative works, Non-exclusive license, all with accordance with the terms
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set forth and other legal restrictions set forth in 3rd party software used
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while running The Software.
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3. **Limited**: licensee may use The Software for the purpose of:
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- a. running The Software on Licensee’s Website[s] and Server[s]; and
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- b. publishing The Software’s output to Licensee and 3rd Parties; and
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- c. modify The Software to suit Licensee’s needs and specifications;
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### Non Assignable & Non-Transferable
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4. Licensee may not assign or transfer his rights and duties under this
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Agreement.
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### Commercial, Royalty Free
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5. Licensee may use The Software for any purpose, including paid-services,
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without any royalties.
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### The Right to Create Derivative Works
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6. Licensee may create derivative works based on The Software, including
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amending The Software’s source code, modifying it, integrating it into a
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larger work or removing portions of Software, as long as no distribution of the derivative works is made.
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**This no longer applies if**:
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- a. it is stated otherwise in this Agreement's amendments; or
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- b. the Software uses a Digital Rights Management system ("DRM"), see clause 22 "Digital Rights Management ("DRM") system";
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Any derivative works or modifications of The Software's source code must be in
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accordance with the terms set forth in clauses 21. and 22.
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## Term & Termination
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7. The Term of this license shall be until terminated. Licensor may terminate
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this Agreement, including Licensee’s license in the case where Licensee:
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- a. was in breach of this license's terms and conditions and such
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breach was not cured, immediately upon notification; or
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- b. was in breach of the terms of clause 2 to this Agreement; or
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- c. otherwise entered into any arrangement which caused Licensor to be unable
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to enforce his rights under this Agreement; or
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- d. was granted a full refund by their own request; or
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- e. issued a claim or chargeback on the payment made for The Software; or
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- f. received access to The Software for free, and only for a limited time or through a conditional agreement where the agreement has ended;
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## Upgrades, Updates and Fixes
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8. Licensor may provide Licensee, from time to time, with Upgrades, Updates or
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Fixes, as detailed herein and according to his sole discretion. Licensee
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hereby warrants to keep The Software up-to-date and install all relevant
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updates and fixes, and may, at his sole discretion, purchase upgrades,
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according to the rates set by Licensor. Licensor may provide any update or
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Fix free of charge; however, nothing in this Agreement shall require Licensor
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to provide Updates or Fixes.
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9. **Upgrades**: for the purpose of this Agreement, an Upgrade shall be a material amendment
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in The Software, which contains new features and or major performance
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improvements.
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10. **Updates**: for the purpose of this Agreement, an update shall be a minor amendment in
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The Software, which may contain new features or minor improvements.
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11. **Fixes**: for the purpose of this Agreement, a fix shall be a minor amendment in The
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Software, intended to remove bugs or alter minor features which impair
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The Software's functionality.
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## Support
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12. The Software is provided under an AS-IS basis and without any support, updates
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or maintenance. Nothing in this Agreement shall require Licensor to provide
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Licensee with support or fixes to any bug, failure, mis-performance or other
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defect in The Software, except in the case where Licensor explicitly states
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that he shall provide support or fixes to any bug, failure, mis-performance or
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other defect in The Software.
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### Bug Notification
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13. Licensee may provide Licensor of details regarding any bug, defect or
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failure in The Software promptly and with no delay from such event; Licensee
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shall comply with Licensor's request for information regarding bugs, defects
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or failures and furnish him with information, screenshots and try to
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reproduce such bugs, defects or failures.
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### Feature Request
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14. Licensee may request additional features in The Software, provided, however,
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that:
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- a. Licensee shall waive any claim or right in such feature should
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feature be developed by Licensor;
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- b. Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to
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any 3rd party directly competing with Licensor or any 3rd party which may
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be, following the development of such feature, in direct competition with
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Licensor;
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- c. Licensee warrants that feature does not infringe any 3rd
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party patent, trademark, trade-secret or any other intellectual property
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right; and
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- d. Licensee developed, envisioned or created the feature
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solely by himself.
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## Liability
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15. To the extent permitted under Law, The Software is provided under an AS-IS
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basis. Licensor shall never, and without any limit, be liable for any damage,
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cost, expense or any other payment incurred by Licensee as a result of
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The Software’s actions, failure, bugs and/or any other interaction between The
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Software and Licensee's end-equipment, computers, other software or any 3rd
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party, end-equipment, computer or services. Moreover, Licensor shall never
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be liable for any defect in source code written by Licensee when relying on
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The Software or using The Software’s source code.
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## Warranty
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16. **Intellectual Property**:
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licensor hereby warrants that The Software does not violate or infringe any
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3rd party claims in regard to intellectual property, patents and/or
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trademarks and that to the best of its knowledge no legal action has been
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taken against it for any infringement or violation of any 3rd party
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intellectual property rights.
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17. The Software is provided without any warranty; Licensor hereby disclaims
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any warranty that The Software shall be error free, without defects or
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code which may cause damage to Licensee’s computers or to Licensee, and
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that The Software shall be functional. Licensee shall be solely liable to
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any damage, defect or loss incurred as a result of operating software and
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undertake the risks contained in running The Software on Licensee’s
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Server[s] and Website[s].
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### Prior Inspection
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18. Licensee hereby states that he inspected The Software thoroughly and found
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it satisfactory and adequate to his needs, that it does not interfere with
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his regular operation and that it does meet the standards and scope of his
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computer systems and architecture. Licensee found that The Software
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interacts with his development, website and server environment and that it
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does not infringe any of End User License Agreement of any software Licensee
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may use in performing his services. Licensee hereby waives any claims
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regarding The Software's incompatibility, performance, results and features,
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and warrants that he inspected The Software.
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## Indemnification
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19. Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for
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any lawsuit brought against it in regard to Licensee’s use of The Software
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in means that violate, breach or otherwise circumvent this license,
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Licensor's intellectual property rights or Licensor's title in The Software.
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Licensor shall promptly notify Licensee in case of such legal action and
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request Licensee’s consent prior to any settlement in relation to such
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lawsuit or claim.
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## Class Action Waiver
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20. Licensee hereby agrees not to initiate class-action lawsuits against Licensor
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in relation to this license and to compensate Licensor for any legal fees,
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cost or attorney fees should any claim brought by Licensee against Licensor
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be denied, in part or in full.
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## Branding, Copyright, & Public Notice
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21. Licensee hereby agrees not to remove the branding, copyright or other brand indicators in The Software, including but not limited
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to the title of The Software. All copies of The Software must contain the same proprietary notices that appear on and in The Software,
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including all copyright notices and branding embedded in The Software, which must remain unaltered
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from the original and visible at all times, unless by specific prior arrangement by Licensor.
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## Digital Rights Management ("DRM") system
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22. If applicable to The Software, licensee hereby agrees not to attempt to tamper with, change, or otherwise modify
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the DRM system bundled with The Software beyond what is advertised on The Software's market page, this Agreement's amendments
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or other official sources made available by Licensor.
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## Changes or amendments made to this Agreement
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23. **Changes made by GmodStore**: we may make changes to this Agreement at any time, and, if we make changes, we will
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take reasonable steps to let Licensee know about these changes.
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24. **Amendments made by Licensor**: Licensor may make amendments to this Agreement at any time, and,
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if they make amendments, they will take reasonable steps to let Licensee know about these amendments.
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---
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Agreement version: 2022-09-21
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