YOU SHOULD READ THE FOLLOWING END USER LICENSE AGREEMENT ("INDIECITY REMIX EULA") CAREFULLY. THIS INDIECITY REMIX EULA APPLIES TO ANY DIGITAL MATERIAL YOU DOWNLOAD, INSTALL OR USE THROUGH INDIECITY THAT HAS BEEN IDENTIFIED BY THE LICENSOR AS A "REMIX ASSET" AND, EXCEPT WHERE OTHER TERMS ARE EXPRESSLY STATED TO APPLY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS INDIECITY REMIX EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL ANY REMIX ASSET.
INDIECITY IS AN ONLINE MARKETPLACE & SERVICE PROVIDER FOR INDIE GAME DEVELOPERS. INDIECITY HAS NOT REVIEWED ANY OF THE REMIX ASSETS ON INDIECITY AND HAS NO RESPONSIBILITY TO REVIEW THE CONTENT OF ANY REMIX ASSET. ALL REMIX ASSETS ARE MADE AVAILABLE ON THE BASIS THAT INDIECITY IS NOT REQUIRED TO AND DOES NOT REVIEW OR EXERCISE ANY CONTROL OR JUDGEMENT OVER THEM, THEIR CONTENT NOR THEIR FUNCTIONALITY.
REMIX ASSETS MADE AVAILABLE ON INDIECITY ARE LICENSED TO YOU ON THE BASIS OF THIS LICENCE. THE REMIX ASSETS ARE NOT SOLD TO YOU. THE PERSON OR ENTITY MAKING A REMIX ASSET AVAILABLE REMAINS THE OWNER OF THE REMIX ASSET AT ALL TIMES.
- 1.1. "Platform" means either Raspberry Pi, Windows-based PC, Linux-based PC or Mac.
- 1.2. "Remix Asset(s)" means digital materials identified on the Service as "Remix Assets" that IndieCity may choose to make available on the Service and which are offered by a licensor for download by you and incorporation in your own digital works.
2. Limited Use License
- 2.1. All Remix Assets are copyright works owned or licensed to you by the licensor identified on IndieCity ("Licensor"). IndieCity does provide the Remix Assets.
- 2.2. On licensing a Remix Asset through IndieCity, LICENSOR GRANTS TO YOU (AND YOU ACCEPT) A LIMITED, NON-EXCLUSIVE LICENSE AND RIGHT TO:
- (a) incorporate the Remix Asset into your own digital product for use and release on the Platform on which it was made available to you;
- (b) modify the Remix Asset and incorporate such modified version into your own digital product for use and release on the Platform on which it was made available to you;
- (c) sublicence the Remix Asset only as incorporated into your own digital product in accordance with 2.2(a) or (b) above where the Remix Asset forms an integrated element of your digital product and not where your digital product operates as a mechanism of redistributing the Remix Asset for subsequent use other than as incorporated into your digital product; and
- (d) You may commercially exploit the digital product into which the Remix Asset is incorporated.
- 2.3. On licensing a Remix Asset through IndieCity, YOU MUST:
- (a) credit the Licensor in any digital product or use of the Remix Asset with the wording required by the Licensor and in a manner consistent with accepted industry practice and so that such credit is reasonably apparent to a user, such as within a credits section of your digital product, a help section or a readme file; and
- (b) incorporate into the licence that applies to your digital product such terms as give effect to the requirements of this Remix Asset EULA.
- 2.4. On licensing a Remix Asset through IndieCity, YOU MUST NOT:
- (a) Redistribute the Remix Asset on a standalone basis whether or not the same is subject to any alteration, adaptation, manipulation or other variation or sublicence it in any manner other than as incorporated into your own digital product;
- (b) Use the Remix Asset for the creation of digital products for use on any platforms, operating systems or other environments other than those specified by the Licensor and the licence terms for use of your digital product must incorporate such restriction;
- (c) modify or use the Remix Asset in any way that would be prejudicial to the Licensor's honor or reputation;
- (d) remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Remix Asset;
- (e) use the Remix Asset for any illegal or unlawful purposes; or
- (f) otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Remix Asset or any part or interest in it except as expressly provided by this IndieCity Remix EULA or in any manner which is inconsistent with this IndieCity Remix EULA.
- 2.5. You must back-up to another secure location, on a regular basis, any data files concerning your use of the Remix Asset as Licensor and IndieCity have no liability for lost or corrupted data.
3. IndieCity Download Client: Peer-to-peer distribution.
- 3.1. If you agree to the peer-to-peer program you may make the Remix Asset available via the Download Client to other IndieCity members in accordance with the Download Client's functionality
- 4.1. The Remix Asset is licensed, not sold. This IndieCity Remix EULA gives you no ownership in the Remix Asset. All right, title, interest and ownership rights in the Remix Asset and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ("Intellectual Property Rights"), in or connected with the Remix Asset and each part thereof are owned by, belong to and vest in Licensor or its licensors.
- 4.2. The Remix Asset is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved.
- 4.3. The Remix Asset may contain licensed materials and licensors may act to protect their rights in the event of any breach of this IndieCity Remix EULA. All trade marks are the property of their respective owners.
- 5.1. You may terminate this IndieCity Remix EULA at any time by deleting and removing the Remix Asset from your personal computer and destroying your copy of the Remix Asset in your possession. This IndieCity Remix EULA will terminate automatically (but without prejudice to any accrued rights of IndieCity or Licensor) if you fail to abide by any of its terms and conditions. IndieCity and / or Licensor may additionally, at its discretion, give you notice of termination of this IndieCity Remix EULA in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you must immediately destroy and erase the Remix Asset and all and any copies in your possession or control and stored on any media whatsoever and on request certify that you have done so.
- 6.1. The Remix Asset may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Privacy and Data Policy.
- 7.1. Licensor may ask you for certain information and you may submit personal data through the Remix Asset Online Services. IndieCity has no access to, or responsibility or liability for such information and data, all of which is the responsibility of Licensor.
- 7.2. If you have any other concerns over privacy please contact Licensor.
- 7.3. YOU WILL NEVER BE REQUIRED TO DISCLOSE YOUR INDIECITY PASSWORD AND YOU SHOULD NEVER DO SO.
8. Limited Warranty.
- 8.1. For Remix Assets other than those identified by the Licensor as "In-Progress", the Licensor warrants in respect of the Remix Asset that for a period of 30 days from the date of the initial download of the Remix Asset that it shall function substantially in accordance with the description given to it on the IndieCity web site by the Licensor. In the event that a Remix Asset does not or ceases to function substantially in accordance with the description given to it by the Licensor, during that time period and upon presentation of proof of purchase of the defective Remix Asset, Licensor will use all reasonable efforts at its option; 1) correct any defect, 2) provide you with a product of equal value, or 3) refund your money.
- 8.2. Remix Assets that have their status set as In-Progress may be in varying states of stability and reliability. Therefore no warranty applies to Remix Assets provided as In-Progress, which are provided on an ‘as-is' basis and in respect of which all implied warranties are excluded insofar as permissible by law. In-Progress Remix Assets are downloaded and used by you entirely at your own risk.
9. Limitation of Liability.
- 9.1. EXCEPT AS SPECIFICALLY PROVIDED IN THIS INDIECITY REMIX EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- 9.1.1. THE FOREGOING WARRANTY SET OUT ABOVE DEFINES IN FULL THE EXTENT OF LICENSOR'S AND INDIECITY'S LIABILITY, WARRANTIES AND YOUR REMEDIES IN RESPECT OF ANY REMIX ASSET;
- 9.1.2. INDIECITY GIVES NO WARRANTY AND HAS NO LIABILITY IN RESPECT OF THE REMIX ASSET OR ANY APPLICABLE ONLINE SERVICES WHICH ARE PURCHASED FROM THE LICENSOR WITH INDIECITY ACTING ONLY AS ITS AGENT;
- 9.1.3. LICENSOR'S LIABILITY FOR DIRECT LOSS AND DAMAGE WILL BE LIMITED AS DESCRIBED ABOVE;
- 9.1.4. INDIECITY AND LICENSOR EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
- 9.1.5. LICENSOR AND INDIECITY DO NOT WARRANT THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
- 9.1.6. INDIECITY AND LICENSOR WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE OR LOSS OF PROFITS RESULTING FROM THE USE OF OR INABILITY TO USE THE REMIX ASSET, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
- 9.1.7. INDIECITY, LICENSOR AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE REMIX ASSET HAS BEEN MODIFIED IN ANY MANNER (NOT BY LICENSOR OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF LICENSOR AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE REMIX ASSET.
- 9.2. THIS INDIECITY REMIX EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY LICENSOR'S NEGLIGENCE.
10. Liability, Indemnity and Remedies.
- 10.1. You agree to indemnify, defend and hold IndieCity, Licensor and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Remix Asset or use otherwise than in accordance with the terms of this IndieCity Remix EULA.
- 10.2. You further agree that Licensor would be irreparably damaged if the terms of this IndieCity Remix EULA were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this IndieCity Remix EULA, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
- 10.3. Licensor's licensors shall be third-party beneficiaries under this IndieCity Remix EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
- 11.1. In the event that any provision of this IndieCity Remix EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this IndieCity Remix EULA shall remain in full force and effect.
12. Applicable Law.
- 12.1. To the maximum extent permitted by the local law applicable in the country in which you obtain or use it, the Remix Asset, designated Online Services and this IndieCity Remix EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Remix Asset local law will apply. The Remix Asset and Remix Asset Online Services are intended for use and may only be used in countries where all such use is lawful.
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All other trade marks and registered trade marks are the properties of their respective owners.