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Shoot ‘Em Up Kit V2
End User Licence Agreement
Please read before installing or otherwise using the Shoot ‘Em Up Kit
The copyright in the Software and its associated documentation is owned by Tall Studios Limited "the Owner". All Rights Reserved. By installing or otherwise using the Software, you (an individual or legal entity) agree with the Owner to be bound by the terms of this Agreement which will govern your use of the Software and your limited right to exploit a part of the Software. Tall Studios reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Tall Studios website and through the Steam service. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
1. Licence
1.1 You are permitted on a non-exclusive basis to:
(a) load the Software into and use it on a single computer which is under your control;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time;
(c) use the Software on a computer network provided you have purchased such number of copies of the Software equal to the maximum number of copies of the Software in use on that network at any one time;
(d) create, in strict accordance with the associated documentation, unlimited Games (as defined below), and copy and issue copies of these games to the public using the stand-alone executable only, and subject always to the provisions of section 3 below.
1.2 You are not permitted:
(a) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce, exploit or deal in the Software or any part of it in any way;
(b) to copy or distribute to the public or otherwise exploit (on either a commercial or a non-commercial basis) any part of the Software other than the stand-alone executable;
(c) to sub-license any right granted to you in this Agreement unless expressly permitted to do so by the Owner in writing; or
(d) to transfer the Software or the benefit of this Agreement to any person if you have already incorporated any part of this Software into any Game.
1.3 For the purposes of this Agreement the term 'Game' means an interactive entertainment software game whose purpose is to entertain or educate its user and which is made using the Software in accordance with its associated documentation. The term Game expressly excludes:
(a) any software tool or software product which can (or might) be used in order to create further games or other software products;
(b) any software library, compilation or collection of graphics and / or sounds from which a particular graphic or sound may be extracted to be used independently of the software in which it was first incorporated;
in each case irrespective of whether or not the primary purpose of such software is to entertain its user.
2. Term
This Agreement is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control.
3. Exploitation of Games
3.1 In each case “use” of this Software shall be to create computer games (“Games”). The Games you create with the Software may be used for commercial or non-commercial purposes by you without payment of any licence fee or royalty.
3.2 You shall ensure that, in respect of any Game which incorporates any part of the Software and which is created by you or with your permission, such Game is not unlawful or actionable and does not infringe the rights of any person or breach any law or regulation.
The Game that may be distributed by Licensee shall be legally created and shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold Tall Studios Limited harmless against any claim/suit/proceeding brought against Tall Studios Limited arising out of or in connection with the Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party; and
Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game’s distribution method, and/or any other items created or added by Licensee.
3.3 the graphics, audio, sound, sprite, background and other pre-created audio visual files contained within the Software (“Audio-visual Files”) can be used within games created with the Shoot 'Em Up Kit.
4. Warranties
4.1 The Owner warrants that during the Warranty Period the Software will perform substantially in accordance with its accompanying documentation which may include documentation posted on the Owner’s Internet site at www.tallstudios.com (provided always that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If the Owner is notified of material failures of the Software to comply with the above warranty during the Warranty Period it will use its reasonable endeavours to correct the Software or its documentation within a reasonable time so that it complies with the above warranty or (at its option) to procure or authorise a refund (against return of the Software and its documentation).
4.2 The above represent your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user.
4.3 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
4.4 DISCLAIMER OF WARRANTY. THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALL STUDIOS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALL STUDIOS LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TALL STUDIOS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Law
5.1 This Agreement shall be governed by and construed in accordance with English law.
5.2 Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of England.
6. Exclusion of third party rights
No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
End User Licence Agreement
Please read before installing or otherwise using the Shoot ‘Em Up Kit
The copyright in the Software and its associated documentation is owned by Tall Studios Limited "the Owner". All Rights Reserved. By installing or otherwise using the Software, you (an individual or legal entity) agree with the Owner to be bound by the terms of this Agreement which will govern your use of the Software and your limited right to exploit a part of the Software. Tall Studios reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Tall Studios website and through the Steam service. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
1. Licence
1.1 You are permitted on a non-exclusive basis to:
(a) load the Software into and use it on a single computer which is under your control;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time;
(c) use the Software on a computer network provided you have purchased such number of copies of the Software equal to the maximum number of copies of the Software in use on that network at any one time;
(d) create, in strict accordance with the associated documentation, unlimited Games (as defined below), and copy and issue copies of these games to the public using the stand-alone executable only, and subject always to the provisions of section 3 below.
1.2 You are not permitted:
(a) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce, exploit or deal in the Software or any part of it in any way;
(b) to copy or distribute to the public or otherwise exploit (on either a commercial or a non-commercial basis) any part of the Software other than the stand-alone executable;
(c) to sub-license any right granted to you in this Agreement unless expressly permitted to do so by the Owner in writing; or
(d) to transfer the Software or the benefit of this Agreement to any person if you have already incorporated any part of this Software into any Game.
1.3 For the purposes of this Agreement the term 'Game' means an interactive entertainment software game whose purpose is to entertain or educate its user and which is made using the Software in accordance with its associated documentation. The term Game expressly excludes:
(a) any software tool or software product which can (or might) be used in order to create further games or other software products;
(b) any software library, compilation or collection of graphics and / or sounds from which a particular graphic or sound may be extracted to be used independently of the software in which it was first incorporated;
in each case irrespective of whether or not the primary purpose of such software is to entertain its user.
2. Term
This Agreement is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control.
3. Exploitation of Games
3.1 In each case “use” of this Software shall be to create computer games (“Games”). The Games you create with the Software may be used for commercial or non-commercial purposes by you without payment of any licence fee or royalty.
3.2 You shall ensure that, in respect of any Game which incorporates any part of the Software and which is created by you or with your permission, such Game is not unlawful or actionable and does not infringe the rights of any person or breach any law or regulation.
The Game that may be distributed by Licensee shall be legally created and shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold Tall Studios Limited harmless against any claim/suit/proceeding brought against Tall Studios Limited arising out of or in connection with the Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party; and
Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game’s distribution method, and/or any other items created or added by Licensee.
3.3 the graphics, audio, sound, sprite, background and other pre-created audio visual files contained within the Software (“Audio-visual Files”) can be used within games created with the Shoot 'Em Up Kit.
4. Warranties
4.1 The Owner warrants that during the Warranty Period the Software will perform substantially in accordance with its accompanying documentation which may include documentation posted on the Owner’s Internet site at www.tallstudios.com (provided always that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If the Owner is notified of material failures of the Software to comply with the above warranty during the Warranty Period it will use its reasonable endeavours to correct the Software or its documentation within a reasonable time so that it complies with the above warranty or (at its option) to procure or authorise a refund (against return of the Software and its documentation).
4.2 The above represent your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user.
4.3 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
4.4 DISCLAIMER OF WARRANTY. THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALL STUDIOS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALL STUDIOS LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TALL STUDIOS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Law
5.1 This Agreement shall be governed by and construed in accordance with English law.
5.2 Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of England.
6. Exclusion of third party rights
No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.