USE OF THE SOFTWARE IS SUBJECT TO THE LICENCE TERMS SET FORTH BELOW. THIS LICENCE AGREEMENT («LICENCE») IS A LEGAL DOCUMENT BETWEEN YOU («LICENSEE» OR «YOU») AND THE FIGHTER COLLECTION LIMITED OF C/O IMPERIAL WAR MUSEUM, DUXFORD AIRFIELD, CAMBRIDGE, CB22 4QR, ENGLAND («TFC» OR «WE») FOR THE «DCS WORLD» SOFTWARE PRODUCT («PROGRAM»), WHICH INCLUDES ALL SOFTWARE INCLUDED WITH THIS LICENCE, THE ASSOCIATED MEDIA, THE DATA SUPPLIED WITH IT, ANY PRINTED MATERIALS, AND ANY ONLINE OR ELECTRONIC DOCUMENTATION («DOCUMENTATION») AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS AND ARE THE COPYRIGHTED WORK.
BY INSTALLING THE PROGRAM AND CLICKING ON THE «ACCEPT» BUTTON BELOW, YOU ACCEPT THE TERMS OF THIS LICENCE WITH TFC WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENCE THE PROGRAM TO YOU AND YOU MUST NOT INSTALL THE PROGRAM.1. LIMITED USE LICENCE
2.1 The Program is licensed for your use. This Licence confers no title or ownership in the Program and should not be construed as a sale of any rights in the Program. This Licence shall also apply to any patches or updates you may obtain from TFC for the Program.3. LICENCE CONDITIONS
2.2 All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, narrative, locations, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, any related documentation, and add-ons incorporated into the Program now or in the future) are owned by TFC, affiliates of TFC or TFC's licensors.
2.3 You acknowledge that you have no right to have access to the Program in source code form or in unlocked coding or with comments.
2.4 All rights are reserved. This Program contains certain licensed materials and TFC's licensors may protect their rights in the event of any violation of this Agreement.
3.1 Except as expressly set out in this Licence or in clauses 4.1 and 4.2 below, or as permitted by any local law, you undertake to use the Program for your own personal use, and you shall not:4. PROGRAM UTILITIES(a) sell, trade, rent, lease, sub-license, merge, adapt, vary, modify the Program, or any copies of the Program, without the express prior written consent of TFC;3.2 You acknowledge that the Program has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Program as described in the Documentation meet your requirements.
(b) not to make alterations to, or modifications of, the whole or any part of the Program nor permit the Program or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Program nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Program with another software program, and provided that the information obtained by you during such activities:(i) is used only for the purpose of achieving inter-operability of the Program with another software program; and(d) remove any proprietary notices or labels from the Program or otherwise modify the Program without the prior written consent of the TFC; and
(ii) is not unnecessarily disclosed or communicated to any third party without the TFC's prior written consent; and
(iii) is not used to create any software which is substantially similar to the Program.
(e) exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming centre or any other location-based site. TFC may offer a separate Site Licence Agreement to permit you to make the Program available for commercial use; please refer to the contact information below;
(f) gifting of keys is permitted, under condition that the transferred key has not been used / activated.
3.3 You acknowledge that the Program may not be free of errors or bugs and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
3.4 Video production by you using DCS products is allowed for Youtube advertisement revenue generation.
4.1 This Program may contain certain design, programming and processing utilities, tools, assets and other resources ("Program Utilities") for use with this Program that allow you to create customized new missions, campaigns, skins, terrain and other related materials for personal use in connection with the Program ("New Game Materials"). The use of any Program Utilities is subject to the following additional licence restrictions:5. RETURNS AND EXCHANGES(a) you agree that, as a condition to your using the Program Utilities, you will not use or allow third parties to use the Program Utilities and the New Game Materials created by you for any commercial purposes, including but not limited to selling, trading, 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 TFC in writing of any instances of your receipt of any such proposal or offer;4.2 With permission from TFC, in certain circumstances, you may be authorised to publish and distribute New Game Materials for gain. In this event you should first contact TFC to seek permission, and obtain the details of the terms and conditions at TFC Imperial War Museum, Duxford Airfield, Cambridge, CB22 4QR, England, UK. Attn. Business and Legal Affairs
(b) if you decide to make available the use of the New Game Materials created by you to others, you agree to do so solely without charge, unless with prior approval and a licence from TFC. This includes selling of the New Game Material(s), donations, Kickstarter funding, and any other means in which funds are transferred to you for your New Game Materials. All such work must remain Freeware;
(c) New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the retail version of the Program. New Game Materials may not be designed to be used as a stand-alone product;
(d) 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 licences granted specifically for that purpose) any trademarks, copyright-protected works or other properties of third parties;
(e) all 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 TFC.";
(f) all New Game Materials created by you shall be exclusively owned by TFC and/or its licensors as a derivative work (as such term is described under U.S. copyright law) of the Program and TFC and its licensors may use any New Game Materials made publicly available by you for any purpose whatsoever, including but not limited to, for purpose of advertising and promoting the Program.
All charges incurred when purchasing download DCS products from the DCS Store are not refundable or can be excahnged in whole or in part, regardless of the payment method.6. LIMITATION OF LIABILITY
6.1 SUBJECT TO CLAUSE 6.2, NEITHER TFC, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, LOSS OF INCOME, LOSS OF BUSINESS PROFITS OR CONTRACTS, BUSINESS INTERRUPTION, LOSS OF THE USE OF MONEY OR ANTICIPATED SAVINGS, LOSS OF INFORMATION, LOSS OF OPPORTUNITY, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR OTHER COMMERCIAL DAMAGE OR LOSSES OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. EVEN IF TFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TFC'S LIABILITY UNDER OR IN CONNECTION WITH THIS LICENCE, OR ANY COLLATERAL CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENCE TO USE THE PROGRAM.7. INDEMNITY
6.2 Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent the same may not be excluded or limited as a matter of law.
6.3 Subject to clauses 6.1 and 6.2, TFC's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the United Kingdom.
6.4 THIS LICENCE SETS OUT THE FULL EXTENT OF TFC'S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE PROGRAM AND DOCUMENTATION. IN PARTICULAR, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING ON TFC EXCEPT AS SPECIFICALLY STATED IN THIS LICENCE. ANY CONDITION, WARRANTY, REPRESENTATION OR OTHER TERM CONCERNING THE SUPPLY OF THE PROGRAM AND DOCUMENTATION WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THIS LICENCE, OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, IS HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold TFC, its partners, affiliates, licensors, 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 Program pursuant to the terms of this Agreement.8. TERMINATION
8.1 You may terminate the Licence at any time by destroying the Program and any New Material.9. LICENCE TRANSFER
8.2 TFC may, at its discretion, terminate this Licence in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Material.
8.3 Upon termination of this Licence for whatever reason:(a) all rights granted hereunder shall automatically cease;
(b) you forthwith must cease all activity authorised by this Licence; and (c) you must immediately delete or remove the Program from all computer equipment in your possession and immediately destroy or return to the TFC (at TFC's) option all copies of the Program then in your possession, custody or control and, in the case of destruction, certify to TFC that you have done so.
9.1 TFC may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of this Licence.10. MISCELLANEOUS
10.1 The Licensor will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this Licence that is caused by an event outside its reasonable control.Copyright 2012 The Fighter Collection Ltd. All rights reserved.
10.2 This Licence and any document expressly referred to in it represents the entire agreement between TFC and you to the licensing of the Program and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
10.3 This Licence shall be deemed to have been made and executed in England, and any dispute arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law. The parties hereby agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Licence or its subject matter.
If you have any questions concerning this licence, you may contact TFC at Imperial War Museum, Duxford Airfield, Cambridge, CB22 4QR, England, UK. Attn. Business and Legal Affairs