SOFTWARE LICENSE AGREEMENT - TERMS AND CONDITIONS

PLEASE READ VERY CAREFULLY THIS SOFTWARE LICENSE AGREEMENT. DOWNLOADING AND INSTALLING THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.

1. GENERAL

This Software License Agreement ("Agreement") is a legal agreement between you i.e., the end user or customer (either an individual or a legal entity) and polynatic Softwareentwicklung & Vertrieb, Inhaber Thomas Loreit (".polynatic"). The copyright of this software (the "Software") and its associated documentation (including any, files, images, sounds, music, text incorporated into the Software) as well as any accompanying written materials, if not mentioned otherwise, is owned by .polynatic (the "Owner"), located at Theutbirgtr. 4, 35580 Wetzlar, Germany, and is protected by German copyright laws and international treaties. By installing, copying, downloading or otherwise using this software, you agree with the Owner to be bound by the terms and conditions of this Agreement, which will govern your use of the Software. You also agree then to .polynatic standard business conditions. If you do not agree to this Agreement, do not install or use this Software. Any offence against this Agreement will be prosecuted to the fullest extent of the law. You will be held responsible for any users who receive the Software from you and in turn make unauthorized copies. Customers should carefully read the following terms and conditions before using the Software.



2. LICENSE

.polynatic grants, and the customer accepts, a nontransferable and nonexclusive license to use the Software on the following terms and conditions:
  • You may install the Software on 3 different computers, as long as only one copy of the Software is used at the same time.
  • You may otherwise copy the software to another disk or media, for the purpose of backup protection only in the event of a system wide crash. The use of the Software on more than one computer at the same time requires the purchase of additional licenses of the Software. Installation of the Software onto a system that you use means that you have accepted and agreed to the terms that govern the use of copyrighted software.
  • You may copy, install and use an available limited demo version of the Software on an unlimited number of computers.
You are not permitted to:
  • a) make copies of, or distribute any parts of the Software including the registration key.
  • b) use more instances of the software at the same time then you have licenses for it.
  • c) rent, lease, sub-license, loan, copy, modify, alter, adapt, merge, translate, reverse engineer, decompile, or re-package the Software into another product, or to disassemble it or create derivative works, based on the whole, or any part, of the Software or its associated documentation.
  • d) copy the Software including the registration key for the purpose of illegal distribution or loading onto systems owned by another individual or company.



3. TERM

This Agreement is effective until you terminate it by destroying the Software and its documentation, together with all copies including their registration key. This agreement will also terminate if you fail to abide by its terms. Upon termination, you agree to destroy all copies of the Software, their registration keys, and its documentation, including any Software stored on the hard disk of any server/computer under your control.



4. OWNERSHIP

The Software is licensed to you. You do not own it. The Owner shall at all times retain ownership of the Software as well as all subsequent copies thereof, regardless of form or storage medium. The owner also retains the title, and all proprietary rights to the Software, including, but not limited to, all patent, copyright, trade secret, service marks, registered service marks, trademark or registered trademark rights. You agree to protect the confidentiality of the Software, the documentation as well as any accompanying written materials. You agree that you will not provide a copy of the Software or documentation or any accompanying written materials nor divulge any proprietary information of .polynatic to any person, without the prior consent of .polynatic. You shall use the best efforts to see that any user of the Software licensed hereunder complies with all provisions and prohibitions this Agreement.



5. DISCLAIMER OF WARRANTY

THE OWNER DOES NOT GUARANTEE THE FOLLOWING: THAT THE SOFTWARE WILL BE FREE FROM BUGS, ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT NEW RELEASES AND/OR UPGRADES OF THE SOFTWARE WILL BE PROVIDED. THE SOFTWARE, ANY INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED, IS SUPPLIED AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE RECIPIENT ACCEPTS ANY AND ALL RISK ASSOCIATED WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR INCIDENTAL LOSS OF BUSINESS PROFITS, SPECIAL DAMAGES ARISING FROM THE USE (OR INABILITY TO USE) THE SOFTWARE, OR FROM ERRORS OR DEFICIENCIES IN IT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE OWNER'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. INDISPENSABLE CLAIMS FOR PRODUCT LIABILITY BY LAW REMAIN UNAFFECTED. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.



6. LAW

This Agreement shall be governed by German laws and regulations and international treaties. Legal venue shall be Wetzlar, Germany. This license is based upon laws of the federal republic of Germany. If any part of this license should be declared antinomian by a court with competent jurisprudence the remaining parts keep their validity anyway.



08/2008, polynatic Softwareentwicklung & Vertrieb,
Inhaber Thomas Loreit / .polynatic
http://www.polynatic.com





Chipmunk Game Dynamics License

Copyright© 2007 Scott Lembcke

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
  • The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.



Music by Jupiterimages Copyright

(c) 2008 Jupiterimages Corporation



Ogg Vorbis License

Copyright (c) 2002, Xiph.org Foundation

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.