Voxel Turf Copyright (c) 2014 Liam Twigger IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE REGISTERING A USER ACCOUNT OR USING THIS SOFTWARE PRODUCT. 1. DEFINITIONS In this agreement, the following terms are case-insensitive and have the following meanings: "The Author" means Liam Twigger. "Voxel Turf" means the software product. "User Account" means an account registered at voxelturf.net. "Product Key" means a code required in conjunction with a User Account (to activate it), in order to use Voxel Turf in non-demo mode. "Mod" or "Mods" means any third party derivative works or modifications that are used with or incorporate Voxel Turf. 2. LICENSE By registering a Voxel Turf user account, or by receiving, installing, opening the file package containing Voxel Turf, and/or using Voxel Turf("Software"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Liam Twigger ("The Author" henceforth), your use of Voxel Turf indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, The Author grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Voxel Turf in accordance with this Agreement and any other written agreement with The Author. The Author does not transfer the title of Voxel Turf to you; the license granted to you is not a sale. This agreement is a binding legal agreement between The Author and the purchasers or users of Voxel Turf. If you do not agree to be bound by this agreement, do not create an User Account, remove any copies of Voxel Turf from your computer now. 3. DISTRIBUTION Voxel Turf and the license herein granted shall not be re-sold, offered for re-sale, transferred, rented or sub-licensed in whole or in part. You are permitted to make royalty free, unmodified copies of Voxel Turf for personal, non commercial use. Said copies will also fall under this license agreement. 4. ACCOUNTS A User Account is required with a Product Key in order to use Voxel Turf in non-demo mode. You are not permitted to use Voxel Turf in non-demo mode without both a User Account and an activated Product Key. User Accounts are tied to a customer and may not be shared, re-sold, offered for re-sale, transferred, rented or sub-licensed to anyone else. 5. RESALE OF UNUSED PRODUCT KEYS You are permitted to resell or redistribute unused Product Keys, provided that they were originally purchased from The Author. 6. MODIFICATIONS TO SOFTWARE PRODUCT 6.1 Mods The Author is not responsible for supporting or the effects of any mods. If you use any third party mods, you assume any risks associated with that. 6.2 Creating Mods You are not permitted to modify the executables of Voxel Turf. You are not permitted to distribute the executables of Voxel Turf. You are not permitted to use Voxel Turf assets for anything else but a Voxel Turf mod. You are permitted to distribute your mod in an form you want, using any platform to distribute it. You may copy and modify Voxel Turf assets for use in your mod, however you may not copy or modify the music and sound effects files distributed as a part of or with Voxel Turf in your mod. You may not attempt to collect personal information of users of your mod, including the emails, user names, passwords of users of the mod, unless permission is obtained from the users of your mod. You are responsible for any issues arising from your mod. 7. USER AGREEMENT 7.1 Use Restrictions You shall use Voxel Turf in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Voxel Turf together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. 7.2 Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Voxel Turf. Nor can you create any derivative works or other works that are based upon or derived from Voxel Turf in whole or in part, except in accordance of sections 6.1 and 6.2 of this agreement. The Author's name, and any logos and graphics files that represents either The Author or Voxel Turf shall not be used in any way to promote products developed with Voxel Turf. The Author retains sole and exclusive ownership of all right, title and interest in and to Voxel Turf and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Voxel Turf, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for The Author. 7.3 Limitation of Responsibility You will indemnify, hold harmless, and defend The Author, his employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of The Author's Software. In no event (including, without limitation, in the event of negligence) will The Author, his employees, contractors, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Voxel Turf or the use or inability to use Voxel Turf or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. The Author's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Product Key required to activate the customers' User Account. 7.4 Warranties Except as expressly stated in writing, The Author makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. 7.5 Governing Law This Agreement shall be governed by the law of the Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. 7.6 Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Voxel Turf and destroy all copies of Voxel Turf supplied under this Agreement. You also agree to cease using any User Accounts that you have registered or are using. The financial obligations incurred by you shall survive the expiration or termination of this license. 8. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Voxel Turf AS WELL. 9. CONSENT OF USE OF DATA You agree that The Author may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Voxel Turf. The Author may also use this information to provide notices to you which may be of use or interest to you. 10. UPDATES OF THIS AGREEMENT The Author reserves the right to update this agreement at any time. If he chooses to do so, a email will to the email address of all User Accounts notifying users of changes. Your continued use of Voxel Turf and any User Accounts in your use or ownership 30 days after the changes to this agreement will constitute your acceptance of such changes.