End User License Agreement
This End User License Agreement (“EULA”) is an agreement between you and Artifex Mundi Sp. z o.o., seated in Poland, Zabrze, ul. Michała Archanioła 10 (“Artifex Mundi”) This License governs your use of this software product and all related documentation (manuals, packaging) either printed or files, downloaded or accessed on-line, as well as updates and upgrades that replace or supplement the software and are not distributed with a separate license (hereinafter collectively referred to as the ("Software").
The Software is licensed, not sold. By installing or using the Software, you confirm to have read the EULA and consent to be bound by the terms and conditions defined herein. If you do not agree to the terms of this EULA, you are not permitted to install or use the Software.
The Software is protected by national copyright laws as well as by international intellectual property treaties.
Subject to this EULA Artifex Mundi grants you a non exclusive and limited license to install and use one copy of the Software on a single computer or other gaming unit (depending on the type of the operating system which the Software is designed for), only for personal, non – commercial purposes. The Software cannot be shared, installed simultaneously on more than one computer or gaming unit or installed in the network.
Artifex Mundi only licenses the Software and you hereby acknowledge that no intellectual property rights, title or ownership of the Software is being transferred or assigned to you. Artifex Mundi retains all rights ( including, but not limited to copyright, other intellectual property rights, as trademarks) to the Software, any part of it, in particular the parts of the Software that may be regarded as independent work (e.g. themes, sounds, soundtracks, graphics, artworks, characters, descriptions, dialogues, etc.) and all related materials. Any rights not expressly granted to you by this EULA are retained by Artifex Mundi.
This EULA terminates immediately if you attempt to circumvent technical protection measures used in connection with the Software.
You are not entitled to (a) use the Software for any commercial purposes, that is the purposes intended for derivation of any direct or indirect economic benefits; (b) distribute, sublicense, rent, lease, transfer of assign the Software to any third parties, unless expressly stipulated herein; (c) install or use of the software on the network, grant an access to it on – line or install the Software on more than one computer or gaming unit at a time; (d) bypass any technical protective measures used to prevent unlawful use or copying of the Software or any of its features; (e) reverse engineer, decompile, disassemble, make derivative works or modify the Software, (f) remove or modify any of the trademarks, logos and other notices contained in the Software.
If you breach the provisions defined in “The License” or “Limitations” section, Artifex Mundi shall be entitled to terminate the EULA with 14 days termination notice, and/or pursue any rights granted to Artifex Mundi by acts of generally applicable law. This EULA terminates immediately if you attempt to circumvent technical protection measures used in connection with the Software. If the EULA terminates, you must permanently uninstall and delete the Software and any copies of it.
Artifex Mundi warrants to you that this Software is compatible with a personal computer or other gaming unit, meeting the minimum system requirements listed in the Software documentation. Although the Software has been tested, Artifex Mundi does not warrant that the Software will not interfere with third party software or drivers installed on your computer. Such interference may influence the performance of the Software or even prevent it from running. If your copy of the Software proves to be defective, Artifex Mundi shall replace such copy by allowing you to download it from the server. No support for the software is provided upon this license. The software is provided on an "as is" basis.
Limitation of Liability
Subject to “Consumer Rights” section, Artifex Mundi shall in no event be liable for any damage, direct or indirect, special, incidental or consequential damages arising out of the use or inability to use the software. This includes but is not limited to lost profits, hardware or software damage, stoppage or malfunction and work stoppage. This in particular means that liability of Artifex Mundi based on the contract, tort or other legal theory, is excluded to the greatest extent permitted by law.
Local legislations may grant you certain consumer rights that cannot be excluded by the provisions of this EULA. In the event of discrepancy between this EULA and statutory consumer rights, such rights shall prevail, subject to the following limitation: You accept and acknowledge that you are responsible for the safety of the data stored on your computer. You should regularly make backup copies of your essential data and do not simultaneously launch many programs because the potential interference between such programs may effect in data loss or loss of the effect of your work. Due to this fact Artifex Mundi shall not be liable for the data loss.
This EULA shall be governed by the Polish law.
This Agreement constitutes the entire understanding between the parties which supersedes any prior agreements, written or oral, within the scope of the object of this agreement.