UnturnedMarket.com END-USER LICENSE AGREEMENT
1. Definitions
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Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or ownership of fifty percent (50%) or more of the outstanding shares, or beneficial ownership of such entity.
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Licensor shall refer to the copyright owner or an authorized legal entity that is granting this license.
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Licensee shall refer to an individual or a legal entity that is exercising permissions granted by this license.
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The Software shall refer to any work, whether in Object or Binary form, made available under this license.
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DRM shall refer to digital rights management.
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License shall refer to the license granted in section 2.
2. License Grant
Licensor hereby grants Licensee a personal, non-assignable and non-transferable, perpetual, commercial (with restrictions), without the rights to create derivative works, non-exclusive license, all in accordance with the terms set forth herein and other legal restrictions set forth in third-party software used while running The Software.
2.1. Limited use
Licensee may use The Software for the purpose of:
- Running The Software on Licensee’s Website(s) and Server(s);
- Publishing The Software’s output to Licensee and third parties;
- Distributing verbatim copies of The Software’s output (including compiled binaries);
2.2. Perpetual nature
The License is granted perpetually, as long as Licensee does not materially breach it.
2.3. Binary Restricted redistribution
Licensee may sublicense The Software as a part of a larger work containing more than The Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to an unlimited number of codebases.
2.4. Non-Assignable & Non-Transferable
Licensee may not assign or transfer his rights and duties under the License.
2.5. Commercial use allowed with restrictions
Licensee is permitted to use the product for commercial purposes provided that Licensee does not resell the product itself.
2.6. Support & maintenance
Licensor shall provide Licensee with support and maintenance as described in sections 6 and 7 of this document.
3. Digital Rights Management (DRM)
The Software may be equipped with digital rights management functionality.
3.1. Purpose
The purpose of the DRM functionality is to prevent any unauthorized usage of The Software.
3.2. License Keys
License Keys are used to authenticate the Licensee to the DRM.
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3.2.1. License Keys are unique to the Licensee and may not be used by third parties.
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3.2.2. License Keys are only valid for IP addresses included in the IP address list defined by the Licensor (hereinafter: "whitelist").
- 3.2.2.1. Licensee hereby agrees to notify Licensor when a whitelist addition is required (hereinafter: "whitelist notification").
- 3.2.2.2. Licensor hereby warrants that processing of a whitelist notification will occur within a reasonable amount of time.
- 3.2.2.3. Licensor may deny or revoke additions to the whitelist of a license key if unauthorized use of said license key is detected or suspected.
3.3. Usage restriction
The Software may only be used in combination with valid license keys provided by the Licensor.
4. Term & Termination
The Term of the License shall continue until terminated. Licensor may terminate this Agreement, including Licensee’s license, in the event that Licensee:
- Redistributes The Software in Object or Binary form to third parties;
- Reverse engineers, decompiles, decodes, decrypts, disassembles, deobfuscates, or in any way derives source code from The Software;
- Provides access to The Software in Object or Binary form to third parties in any form;
- Redistributes License Keys described in section 3.2;
- Bypasses any DRM functionality in any way;
- Fails to perform a payment as described in section 5.
5. Payment
In consideration of the License granted under section 2, Licensee shall pay Licensor a fee via Credit Card, PayPal, or any other payment method deemed acceptable by Licensor. Failure to make payment shall constitute a material breach of this Agreement.
5.1. Consequences of non-payment
Failure to perform payment for any work licensed by Licensor may result in account limitations that prevent usage of The Software.
6. Support
Licensor shall provide basic support to the Licensee.
6.1. Bug Notification
Licensee may promptly notify Licensor of any bug, defect, or failure in The Software. Licensee shall comply with Licensor's requests for information, screenshots, and attempts to reproduce such bugs, defects, or failures.
6.1.1. Breaking bugs
Licensor shall fix any reported bug that completely prevents The Software from functioning without requiring changes to its source code.
6.2. Feature Request
Licensee may request additional features in The Software, provided that:
- Licensee waives any claim or right to such feature if developed by Licensor;
- Licensee is prohibited from developing the feature or disclosing the feature request or the feature itself to any third party in direct competition with Licensor;
- Licensee warrants that the feature does not infringe any third-party patent, trademark, trade secret, or other intellectual property right;
- Licensee conceived, envisioned, or created the feature solely by himself.
7. Upgrades, Updates and Fixes
Licensor may, from time to time and at its sole discretion, provide Licensee with Upgrades, Updates, or Fixes. Licensee agrees to keep The Software up to date and install all relevant updates and fixes. Updates and Fixes shall be provided free of charge; Upgrades may be subject to fees set by Licensor.
7.1. Upgrades
A material change to The Software introducing new features and/or major performance improvements, marked with a new major version number (e.g., from 1.x.x → 2.0.0).
7.2. Updates
A minor change that may include new features or minor improvements, marked with a new minor version number (e.g., from 1.1.x → 1.2.0).
7.3. Fixes
A minor change intended to remove bugs or adjust minor features that impair functionality, marked with a new patch version number (e.g., from 1.1.1 → 1.1.2).
8. Liability
To the maximum extent permitted by law, The Software is provided on an "AS-IS" basis. Licensor shall not be liable for any damages, costs, expenses, or other payments incurred by Licensee as a result of The Software’s actions, failures, bugs, or any interaction with Licensee’s equipment, computers, other software, or third-party services.
9. Warranty
9.1. Intellectual Property
Licensor warrants that, to the best of its knowledge, The Software does not infringe any third-party intellectual property rights, patents, or trademarks, and that no legal action regarding such infringement is pending against Licensor.
9.2. No Warranty
The Software is provided without any warranty whatsoever. Licensor disclaims any warranty that The Software will be error-free, free of defects, secure, or fit for any particular purpose. Licensee assumes all risk associated with the use of The Software.
9.3. Prior Inspection
Licensee represents that he has thoroughly inspected The Software, found it satisfactory and suitable for his needs, and that it does not interfere with his regular operations or violate any third-party license agreements applicable to his systems.
10. Indemnification
Licensee agrees to indemnify and hold Licensor harmless from any lawsuit or claim arising from Licensee’s use of The Software in violation of this License, Licensor’s intellectual property rights, or Licensor’s title in The Software. Licensor shall promptly notify Licensee of any such action and obtain Licensee’s consent before any settlement.
11. Governing Law & Jurisdiction
Licensee agrees not to initiate class-action lawsuits against Licensor in relation to this License and to reimburse Licensor for any legal fees, costs, or attorney fees should any claim brought by Licensee against Licensor be denied, in whole or in part.
12. Changes to the License
Licensor reserves the right to modify this License from time to time. The modified version (the "Modified License") will be posted at:
https://unturnedmarket.com/wiki/legal/eula
or made available within the Service.
If Licensee does not agree to the Modified License, Licensee must immediately cease using The Software. Continued use of The Software after the Modified License is posted constitutes acceptance of the changes.