License1_License

　  

　FREEWARE LICENSE AGREEMENT FOR:  "S3D - Silent 3ditor"

　24-01-2009

　IMPORTANT - READ CAREFULLY: This Freeware License Agreement ("AGREEMENT") is a legal agreement between you (each licensee is addressed as "you") and skwas ("skwas") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by skwas.  Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, do not install or use the SOFTWARE PRODUCT.

　SOFTWARE PRODUCT LICENSE

　skwas hereby grants you a non-exclusive, transferable license to use its SOFTWARE PRODUCT on the following terms and only for non-commercial purposes.

　GRANT OF LICENSE

　This AGREEMENT grants you the following rights:

　* You may install, use, access, display, run, or otherwise interact with ("RUN") an unlimited number of copies of the SOFTWARE PRODUCT on any computer in your possession.

　* You may copy the software.

　* You may distribute an unlimited number of copies of the SOFTWARE PRODUCT only in the form originally produced by skwas (the archive containing installer, this license and other files), with no modifications whatsoever. If you have any doubt that your copy of the SOFTWARE PRODUCT is not original, you must contact skwas for an original copy.

　LIMITATIONS OF LICENSE

　The license granted in GRANT OF LICENSE is subject to the following restrictions:

　a) The SOFTWARE PRODUCT is to be used only for non-commercial purposes unless you obtain skwas'  prior written consent. Prohibited commercial purposes include, but are not limited to:

　     (i) Selling, licensing or renting the SOFTWARE PRODUCT to third

　      parties for a fee (by payment of money or otherwise, whether direct or

　     indirect);

　     (ii) Using the SOFTWARE PRODUCT to provide services or products

　      to others for which you are compensated in any manner (by payment

　      of money or otherwise, whether direct or indirect), including, without

　     limitation, providing support or maintenance for the SOFTWARE PRODUCT;

　     (iii) Using the SOFTWARE PRODUCT to develop a similar application

　     on any platform for commercial distribution;

　     (iv) Using the SOFTWARE PRODUCT in any manner that is generally

　      competitive with a skwas product as defined by skwas.

　     (vi) All rights not expressly granted are reserved by skwas.

　b) However, media costs associated with the distribution of the SOFTWARE PRODUCT may be recovered. You shall use your best efforts to promptly notify skwas upon learning of any violation of the above commercial restrictions.

　c) On each copy of the SOFTWARE PRODUCT you must conspicuously and appropriately reproduce skwas copyright notices (see SOFTWARE PRODUCT for examples of such notices) and disclaimer of warranty; keep intact this AGREEMENT and all notices that refer to this AGREEMENT or any absence of warranty (whether written or interactively displayed); and give any other recipients of the SOFTWARE PRODUCT a copy of this AGREEMENT.

　d) You may not modify, combine other commercial applications with, or otherwise prepare derivative works of the SOFTWARE PRODUCT.

　e) In order to preserve the value of the skwas name and/or any trademarks, service marks, trade dress adopted and/or used by skwas from time to time, you shall not make use of any of them for any reason (e.g., with respect to an Additional File, in advertising, marketing your own products, press releases, or other publicity) except solely as may be expressly authorized by this AGREEMENT or by the prior written consent of skwas.

　f) skwas, in its sole and absolute discretion,  may have included a portion of the source code or online documentation of the SOFTWARE PRODUCT. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law.

　USAGE

　By using SOFTWARE PRODUCT you accept that:

　* The SOFTWARE PRODUCT signs all files with a signature. This signature is to be left in place in all published work ("MOD") to identify which application (and version) was used to make the changes.

　* Any MOD published and produced with SOFTWARE PRODUCT must include a credit notice to skwas and the SOFTWARE PRODUCT.

　*  The SOFTWARE PRODUCT is provided to you free of charge to stimulate open source practice. You agree to contribute, share, discuss and collaborate in that same spirit, to the further development of the game, the mod community and the SOFTWARE PRODUCT. If you have no such intentions, do not install or use the SOFTWARE PRODUCT.

　DISTRIBUTION

　As used in this AGREEMENT, the term "distribute" (and its variants) includes making the SOFTWARE PRODUCT available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the SOFTWARE PRODUCT, the recipient must expressly agree to comply with these terms and conditions.  The recipient automatically receives this license to use, copy, or distribute the SOFTWARE PRODUCT subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this AGREEMENT by recipients.

　COPYRIGHT

　Title, ownership rights, and intellectual property rights in and to the SOFTWARE PRODUCT, and each copy thereof (including all copyrights therein), are owned by skwas or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This AGREEMENT grants you no rights to use such content. The SOFTWARE PRODUCT is protected by the copyright laws of the Netherlands and international copyright treaties.

　NO SKWAS OBLIGATION

　You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the SOFTWARE PRODUCT, and skwas shall have no liability, obligation or responsibility therefor. skwas shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the SOFTWARE PRODUCT.

　NO WARRANTY

　THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. SKWAS PROVIDES THE SOFTWARE "AS IS," AND SKWAS, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT SKWAS) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SKWAS MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

　LIMITATION OF LIABILITY

　UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SKWAS, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF SKWAS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

　INDEMNIFICATION

　You and your distributees shall defend, indemnify and hold harmless skwas, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the SOFTWARE PRODUCT, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the SOFTWARE PRODUCT.

　TERMINATION

　The license granted hereunder is effective until terminated by skwas. You may terminate it at any time by destroying the SOFTWARE PRODUCT. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the SOFTWARE PRODUCT. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the SOFTWARE PRODUCT through you so long as they are in compliance with the provisions of this AGREEMENT.

　EXPORT CONTROLS

　None of the SOFTWARE PRODUCT or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the Netherlands relating to the control of exports of commodities and technical data. By downloading or using the SOFTWARE PRODUCT, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.

　MISCELLANEOUS

　This AGREEMENT represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this AGREEMENT is held to be unenforceable for any reason, this AGREEMENT shall terminate. This AGREEMENT shall be governed by and construed under the laws of the Netherlands.

　Copyright and Trademark Notices

　The SOFTWARE PRODUCT is copyright ? skwas 2007-2009. All rights reserved. The documentation and all computer files are also copyright ? skwas 2007-2009. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both. The trademark S3D - Silent 3ditor is the property of skwas. All other trademarks are the property of their respective owners.