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12-25-08, 01:02 PM   #4
Yhor
A Pyroguard Emberseer
 
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Join Date: May 2007
Posts: 1,077
The "EULA" from the "Bang! Art of War" addon.

. Eligibility

1.1 Subscriber Agreement

PLEASE READ THIS END USER SUBSCRIBER AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND IT.

1.2 Access to the BangCraft services are referred to in these terms and conditions as ‘Addons’ is open to the following who are collectively referred to in these terms and conditions as a Subscriber.

The accompanying executable code version of BangCraft and related Software is made available under the terms and conditions of this Agreement.

IF YOU INSTALL OR USE THE PRODUCT, YOU CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT INSTALL OR USE THIS PRODUCT.

A Subscriber may initially use the BangCraft ‘Addons’ for free for the trial period allocated.
2. Subscriber’s Obligations

All Subscribers who are entitled to access the BangCraft ‘Addons’ must:

2.1 Have paid a subscription for the BangCraft ‘Addon’ for the allocated period.

2.2 The BangCraft Software is protected by copyright laws, trade secret, and international copyright treaties, and is being made available to you as a subscription according to the terms of this Agreement.

2.3 BangCraft grants to you a non-exclusive and non-transferable right to install and use a copy of the Software for your personal, non-commercial home entertainment use on one personal computer. The Software made available under this Agreement is a subscription, not sold, to you by BangCraft. BangCraft reserves all rights not expressly granted under this Agreement.

Except to the extent that BangCraft otherwise authorizes you in writing, the following restrictions shall apply:
2.3.1 You may not use the Software for any commercial purposes, including resale, rental, lease, display, or offering on a pay-per-play or other for-charge basis. You may not sub-subscribe the rights provided to you.
2.3.2 The Software (in both object and source code forms) constitutes valuable trade secret information of BangCraft, and you may not reverse-engineer, decompile or disassemble the Software or otherwise attempt to gain access to the source code for the Software.
2.3.3 You may make a single archival copy of the Software to the extent permitted by law. You may not otherwise reproduce the Software, or modify or distribute all or any portion of the Software. You shall not provide copies of the Software to any other party. You may not create derivative works from the Software.
2.3.4 No right, title or interest in or to any trademark, service mark, logo or trade name of BangCraft or of any third parties is granted under this Agreement. You may not remove or alter any trademark, logo, copyright, or other proprietary notice(s) on the Software.

2.4 Not disclose their Registration Key to any other person or entity or store it in any form, whether coded or unencoded, in a location where it is capable of being copied, read or used by anybody or allow arrange or cause any other person or entity to have access to the BangCraft ‘Addon’.

2.5 Not use or access the BangCraft ‘Addon’ or represent that it has any right or entitlement to use or access the BangCraft ‘Addon’ if at any time the access granted herein is terminated in accordance with clause 7.
3. Intellectual Property

3.1. The Subscriber hereby acknowledges and agrees that all intellectual property rights in the BangCraft ‘Addon’ including all moral rights are owned by BangCraft.
4. No Liability

4.1 The Subscriber agrees and acknowledges that:
4.1.1 BangCraft’s sole purpose for the BangCraft ‘Addon’ is to provide a service to users of the World of Warcraft (WoW) game.
4.1.2 BangCraft shall not be liable to the Subscriber or any third party for any loss or damage howsoever arising out of the use of the BangCraft ‘Addon’ other than in accordance with this clause 5.

4.2 Other than as required by Law* in accordance with the Trade Practices Act 1974 or any equivalent state legislation, BangCraft is not liable to the Subscriber or any other person or entity for any consequential, incidental or indirect loss or damage, including loss of profit of a consequential, incidental or indirect kind, resulting from any delay in or failure to provide access to the BangCraft ‘Addon’ or any negligence of BangCraft or any of its officers, employees, advisers or agents.

4.3 Subscribers are aware of the nature of the BangCraft ‘Addons’. BangCraft does not warrant that the software is error-free or that access to the software will be uninterrupted; potentially inhibited by changes to the WoW service which are beyond the control of BangCraft.
5. Access

5.1 Upon satisfaction of the eligibility criteria set out in clause 2 and payment of the subscription fee BangCraft grants to the Subscriber non exclusive access to use the BangCraft ‘Addon’ subject to these terms and conditions (Access).

5.2 BangCraft ‘Addon’s may be subject to upgrade and new version releases.
5.2.1 A Subscriber with a subscription for a BangCraft ‘Addon’ upgraded as a result of software ‘bugs’ will maintain their access eligibility.
5.2.2 A Subscriber with a subscription to a BangCraft ‘Addon’ that has been upgraded and released as a new version, will be required to purchase a new subscription to maintain their access eligability.
6. Term and Termination

6.1 The Access shall continue from the payment of the subscription fee and provided the Subscriber is not in breach of its obligations under these terms and conditions.

6.2 BangCraft may terminate or restrict the Access without notice if the Subscriber is in breach of any of its obligations under these terms and conditions and upon such termination or restriction if there is any unauthorized access to the BangCraft ‘Addon’ by the Subscriber, BangCraft may recover compensation from the Subscriber for all of its loss and damage arising from such unauthorized access.

6.3 The Subscriber may terminate the Access by giving BangCraft notice in writing in which case the Subscriber shall not be entitled to any refund of the unused portion of the subscription fee.

6.4 The obligations under clauses 2.4, 3, 4, 5 and 6.2 shall continue notwithstanding the termination of the Access.

6.5 Upon termination of the Subscription pursuant to this clause the Subscriber shall not be entitled to retain any copies of any materials or other resources in the possession or control of the Subscriber and shall return all copies of such materials or resources to BangCraft within seven (7) days of the termination of the Subscription or you will immediately cease using the Software and you must destroy all copies of the Software in your possession or control.

6.6 The obligations under clauses 2, 3, 4 and 5 shall continue notwithstanding the termination of the Subscription.

* This Agreement is governed by the laws of Australia.
Edit: Maybe the EULA should be posted on all the afflicted addons download pages, since it's a "legal binding contract".

Last edited by Yhor : 12-25-08 at 09:08 PM. Reason: Changed the addon name to name an addon the EULA actually does apply to. My apologies for any confusion.
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