license for legends

1 files changed, 194 insertions, 0 deletions

diff --git a/licenses/TGE b/licenses/TGE
new file mode 100644
index 000000000000..4a8c8f7c0b70
--- /dev/null
+++ b/licenses/TGE
@@ -0,0 +1,194 @@
+Torque Game Engine SDK
+
+End User License Agreement (EULA)
+
+TERMS OF SERVICE
+
+The use of the Garagegames.com software product ("Software") is governed by a license 
+agreement (the "Agreement"). You must read and agree to the license agreement terms 
+BEFORE installing the Software to your hard drive or using the Software in any way. If 
+you do not agree to the license terms, do not download, install or use the Software. It 
+is important that you print out a copy of the applicable product license(s) on your date 
+of acquisition as a record of the governing terms and conditions. Please make copies for 
+all those in your organization who need to be familiar with the license terms.
+
+BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR 
+ENTITY ACCESSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A 
+PARTY TO THIS AGREEMENT AS A LICENSEE. IF THE INDIVIDUAL OR ENTITY DOES NOT AGREE TO ALL 
+OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, 
+AND THE INDIVIDUAL OR ENTITY MUST NOT INSTALL OR USE THE SOFTWARE
+
+1. LICENSE AGREEMENT
+
+This sets forth the entire agreement between Garagegames.com, Inc. ("Licensor") and the 
+Licensee relating to the use of the Software source code downloadable from the Licensor 
+website, www.garagegames.com ("Website").
+
+2. LICENSE GRANT.
+
+Licensor grants Licensee a limited non-exclusive and non-transferable license to 
+reproduce and use only for purposes of making source code and object code for electronic 
+single or multi-player games ("Games"), the Torque Game Engine code version of the 
+Software. This license does not entitle Licensee to receive from Licensor hard-copy 
+documentation, technical support, telephone assistance, or enhancements or updates to 
+the Software. Licensee may not redistribute, transfer, sublicense or sell the Software 
+or exploit the Software in any other manner than as expressly allowed in this Agreement.
+
+    (a) Licensee may publicly sell, distribute, release, publish and/or transmit any 
+Games created hereunder or otherwise exploit the Software.
+
+    (b) Licensee may distribute free demos of the Games through third party distribution 
+channels. Free games may be distributed from Licensee´s own web site.
+
+    (c) Accredited public education institutions may use the Software for non-commercial 
+applications and educational activities with written permission from the Licensor.
+
+
+3. RESTRICTIONS.
+
+The following restrictions apply to the use of this Software:
+
+    (a) Licensee may not: (i) modify or create any derivative works of the Software, 
+including translations or localizations, other than the Games; (ii) reverse engineer, or 
+otherwise attempt to derive the algorithms for the Software (except to the extent 
+applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, 
+sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) 
+remove or alter any trademark, logo, copyright or other proprietary notices, legends, 
+symbols or labels in the Software.
+
+    (b) Licensee may not use the Software in whole or in part to create products for 
+competing game publishing companies, commercial websites, or any other commercial or 
+non-commercial entity, whether public or private if the sum of the annual revenue of the 
+Licensee and publishing entity exceeds $500,000, without obtaining a COMMERCIAL LICENSE 
+from the Licensor.
+
+    (c) Licensee may not distribute the source code to the engine in any manner, unless 
+recipient also has a license to the Software.
+
+
+4. FEES.
+
+The license fee is the current price indicated on the GarageGames website.
+
+5. TERMINATION.
+
+Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee 
+breaches any of its terms and conditions. Upon termination, Licensee shall destroy all 
+copies of the Software and all Games containing the Software.
+
+6. PROPRIETARY RIGHTS/USES OF GAMES.
+
+The following restrictions apply to games submitted for publication:
+
+    (a) Except as expressly licensed hereunder, all rights in the Software remain the 
+sole and exclusive property of Licensor or its licensors. Licensee acknowledges such 
+ownership and intellectual property rights and will not take any action to jeopardize, 
+limit or interfere in any manner with Licensor´s or its licensor´s ownership of or 
+rights with respect to the Software. The Software is protected by copyright and other 
+intellectual property laws and by international treaties.
+
+    (b) Commercial use of the Software for applications other than Games may be 
+permitted with the written permission of the Licensor, and subject to a separate 
+agreement.
+
+    (c) On-line subscription revenue based games may be created with the Software by the 
+Licensee.
+
+
+7. DISCLAIMER OF WARRANTY.
+
+THE SOFTWARE IS PROVIDED FOR A SMALL CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, 
+WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF 
+MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK 
+AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. 
+SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS 
+SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS 
+DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE 
+SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. This disclaimer may not 
+apply to you if you reside a jurisdiction that does not recognize such disclaimers.
+
+8. LIMITATION OF LIABILITY.
+
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS 
+SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 
+DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, 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 ADVISED OF THE 
+POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR 
+OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR´S ENTIRE LIABILITY UNDER 
+ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES 
+LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 
+OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION 
+MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF 
+CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE 
+AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
+
+9. LICENSEE´S REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.
+
+Licensee warrants, covenants and represents that (a) the Games do not contain any 
+libelous or otherwise unlawful material or violate any personal, proprietary or 
+contractual right of any person or entity and the Games will be free and clear of all 
+claims of any kind now known or later discovered, including without limitation copyright 
+or trademark infringement, trade secret violations, publicity or privacy rights 
+infringements, failure to pay or breach of contract; (b) the Games are unique, were and 
+will be created solely by Licensee (and/or its employees) and contain no unlicensed 
+third party materials; (c) Licensee will not violate any third party agreements or 
+relationships by entering into this Agreement or creating or transferring full ownership 
+of the Games to Licensor hereunder; (d) no further payments or agreements are required 
+for Licensor´s use of the Games as authorized hereunder; and (e) Licensee has full right 
+and power to enter into this Agreement.
+
+Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, 
+affiliated companies and partners and their respective officers, directors, employees 
+and agents from and against any and all liabilities, damages, costs and fees (including 
+reasonable attorney´s fees) resulting from or relating to: (i) any third party claims or 
+lawsuits related to the Games and assignment of intellectual property ownership 
+hereunder; (ii) any third party claims or lawsuits related to any and all obligations 
+Licensee has undertaken to perform hereunder; or (iii) a breach of any representations 
+and warranties Licensee has made hereunder. Such indemnification obligation of Licensee 
+is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth 
+with specificity the claim or action to which such indemnification obligation applies. 
+Licensee will have the right to control the defense of each such claim and any lawsuit 
+or proceeding arising therefrom. In no event will Licensee settle any such claim or 
+lawsuit or proceeding arising therefrom without the prior written approval of Licensor.
+
+10. MISCELLANEOUS.
+
+This Agreement may be amended only by a writing signed by both parties. Except to the 
+extent applicable law, if any, provides otherwise, this Agreement shall be governed by 
+the laws of the State of Oregon, U.S.A., excluding its conflict of law provisions. 
+Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting 
+any dispute relating to intellectual property rights) shall be subject to final and 
+binding arbitration in Lane County, Oregon, with the losing party paying all costs of 
+arbitration. This Agreement shall not be governed by the United Nations Convention on 
+Contracts for the International Sale of Goods. If any provision in this Agreement should 
+be held illegal or unenforceable by a court having jurisdiction, such provision shall be 
+modified to the extent necessary to render it enforceable without losing its intent, or 
+severed from this Agreement if no such modification is possible, and other provisions of 
+this Agreement shall remain in full force and effect. A waiver by either party of any 
+term or condition of this Agreement or any breach thereof, in any one instance, shall 
+not waive such term or condition or any subsequent breach thereof. The provisions of 
+this Agreement which require or contemplate performance after the expiration or 
+termination of this Agreement shall be enforceable notwithstanding said expiration or 
+termination. Licensee may not assign or otherwise transfer by operation of law or 
+otherwise this Agreement or any rights or obligations herein. This Agreement shall be 
+binding upon and shall inure to the benefit of the parties, their successors and 
+permitted assigns. Neither party shall be in default or be liable for any delay, failure 
+in performance (excepting the obligation to pay) or interruption of service resulting 
+directly or indirectly from any cause beyond its reasonable control. The relationship 
+between Licensor and Licensee is that of independent contractors and neither Licensee 
+nor its agents shall have any authority to bind Licensor in any way. If any dispute 
+arises under this Agreement, the prevailing party shall be reimbursed by the other party 
+for any and all legal fees and costs associated therewith. Licensor may use Licensee´s 
+name in connection with the Game and in any customer reference list or in any press 
+release issued by Licensor regarding the licensing of the Software and may provide 
+Licensee´s name to third parties.
+
+11. LICENSEE OUTSIDE THE U.S.
+
+If Licensee is located outside the U.S., then the provisions of this Section shall 
+apply. Licensee is responsible for complying with any local laws in its jurisdiction 
+which might impact its right to import, export or use the Software, and Licensee 
+represents that it has complied with any regulations or registration procedures required 
+by applicable law to make this license enforceable. The language of this Agreement is 
+English.