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Copyright (C) 2005-2011 TimeGate Studios, Inc. "Section 8", "Prejudice", and
"TimeGate" are copyrights and trademarks of TimeGate Studios, Inc. in the United
States and elsewhere. All rights reserved.
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") BEFORE
INSTALLING OR OTHERWISE USING THE SOFTWARE. BY INSTALLING OR OTHERWISE USING THE
SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH WILL THEN BE A
LEGALLY BINDING CONTRACT BETWEEN (I) TIMEGATE STUDIOS, INC, ITS LICENSORS, THEIR
RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, THIRD-PARTY
SOFTWARE VENDORS REFERENCED HEREIN AND ALL CONTRACTUALLY-BOUND THIRD PARTIES
(collectively "TimeGate") AND (II) YOU. FURTHER, THIS AGREEMENT ALSO INCLUDES AND
INCORPORATES THIRD-PARTY SOFTWARE TERMS OF USE WHICH YOU ARE AGREEING TO BOUND BY
AND ADHERE TO.
The term "Software" as used in this Agreement means the game to be installed on
your personal computer, and any printed materials, online or electronic
documentation, together with any updates subsequently supplied by TimeGate. The
Software contains proprietary information and trade secrets of TimeGate and is
protected by copyright, trademark and other laws and your rights are subject to
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Subject to this Agreement and its terms and conditions, TimeGate hereby grants you
the nonexclusive, non-transferable, limited right and license to use one copy of
the Software for your personal non-commercial use on a single computer or gaming
unit. Your acquired, licensed rights are subject to your compliance with this
Agreement. The Software is being licensed to you, not sold, and you hereby
acknowledge that no title or ownership in the Software, and accompanying materials
including, but not limited to, all copyrights, trademarks, trade secrets, trade
names, proprietary rights, source code, patents, titles, computer codes,
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Software. They include, but are not limited to, the prohibited acts referenced
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Duration: This Agreement is effective from the day you install the Software. Your
license continues for the shorter of: (i) fifty years, or (ii) the duration of
copyright protection for the Software, unless terminated earlier by TimeGate.
If you breach this Agreement, TimeGate can terminate this license without notice to
you. In that event, you will be required to permanently delete the Software and
any copies of same from your computer or gaming machine and TimeGate can also
enforce its other legal rights against you.
Information Collection: TimeGate may not own or control the website from which you
purchased the Software. Thus, TimeGate is not in any way responsible and may not
be held liable for the privacy practices of any third party website you visit.
TimeGate encourages you to read the legal notices and privacy policies of each and
every website you visit. The current TimeGate privacy policy may be viewed at
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Improper Use: TimeGate is not liable for any damage incurred due to improper use
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and necessary to resolve any such complaint.
General: This Agreement represents the entire and only agreement between TimeGate
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Warranty.
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TIMEGATE WARRANTS TO YOU THAT THIS SOFTWARE IS COMPATIBLE WITH A PERSONAL COMPUTER
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PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TIMEGATE WARRANTS THE HARDWARE (CD/DVD) TO BE FREE OF DEFECTS IN MATERIAL AND
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IS CURRENTLY MANUFACTURED BY TIMEGATE AT THE TIME THE DEFECT IS ALLEGED. THIS
WARRANTY SHALL NOT BE APPLICABLE AND SHALL BE VOID IF THE DEFECT HAS ARISEN THROUGH
ABUSE, MISTREATMENT OR NEGLECT. ANY IMPLIED WARRANTIES PRESCRIBED BY STATUTE ARE
EXPRESSLY LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
YOU BEAR THE RISK OF USING THIS SOFTWARE. THE SOFTWARE IS PROVIDED ON AN "AS IS,"
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SOFTWARE. TIMEGATE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS
OR OTHER MALFUNCTIONS CAUSED BY TIMEGATE, ITS LICENSORS, AND/OR SUBCONTRACTORS, OR
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laws the State of Texas, U.S.A, and applicable federal law, provided that the
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By installing or otherwise using the Software, you acknowledge that you have read,
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questions regarding this Agreement please feel free to write TimeGate Studios, Inc.
at 14140 Southwest Freeway, Suite 200, Sugar Land, TX 77478.
-=-=-=-
LibXML2
Except where otherwise noted in the source code (e.g. the files hash.c, list.c and
the trio files, which are covered by a similar license but with different Copyright
notices) all the files are:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE DANIEL VEILLARD BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE
USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of Daniel Veillard shall not be used
in advertising or otherwise to promote the sale, use or other dealings in this
Software without prior written authorization from him.
NVIDIA CORPORATION
NVIDIA® PhysX™ DRIVER END USER LICENSE AGREEMENT
This End User License Agreement (the "Agreement") is a legal agreement between you
(either individually or an entity) ("You" or "Your") and NVIDIA Corporation
("NVIDIA") regarding the use of the NVIDIA® PhysX™ Driver and any accompanying
documentation (collectively, the "Software").
YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN BE
DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS
AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS
AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE, NOT INSTALL OR
USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE DOWNLOADED.
BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE
SOFTWARE.
NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. ANY USE OF THE
PHYSX SDK WILL BE SUBJECT TO SUCH UPDATED TERMS. A CURRENT VERSION OF THIS
AGREEMENT IS POSTED ON NVIDIA'S DEVELOPER WEBSITE:
www.developer.nvidia.com/object/physx_eula.html
This license is only granted to and only may be used by You. NVIDIA grants You a
limited, non-exclusive, non-transferable license to use the provided Software for
evaluation, testing and non-commercial production purposes according to the terms
set forth below:
2. Ownership. This license is not a sale. Title, copyrights and all other rights to
the Software and any copy made by You remain with NVIDIA and its suppliers and
licensors. Unauthorized copying of the Software, or failure to comply with the
license restrictions set forth in Section 1(b) above, will result in automatic
termination of this license and will make available to NVIDIA other legal remedies.
3. Termination. This license is effective once You click the "AGREE" button of this
Agreement, or install or use the Software, and will continue until terminated.
Unauthorized copying of the Software, Your failure to comply with the above
restrictions or Your failure to comply with any terms of this Agreement will result
in automatic termination of this Agreement and will make available to NVIDIA other
legal remedies. Upon termination of this license for any reason You will destroy
all copies of the Software. Any use of the Software after termination is unlawful.
Upon termination of this Agreement, all rights granted to You in this Agreement
shall immediately terminate. NVIDIA's rights and Your obligations under this
Agreement shall survive any termination of this Agreement.
4. Trademarks. Certain of the product names used in this Agreement and the Software
constitute trademarks, trade names, trade dress, or service marks ("Trademarks") of
NVIDIA or other third parties. You are not authorized to use any such Trademarks
for any purpose.
5. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND NVIDIA MAKES NO
WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. NVIDIA AND ITS SUPPLIERS AND
LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND NVIDIA ANDITS
SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT AND THEIR EQUIVALENTS. NVIDIA DOSE NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET
YOUR SPECIFIC REQUIREMENTS.
7. Indemnity. You agree to indemnify and hold NVIDIA, its successors, assigns,
subsidiaries, affiliates, officers, directors, agents, and employees harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Your failure to comply with this Agreement or Your
violation of any law or the rights of any third party.
8. Legal Compliance. You agree that You shall fully comply with all applicable
laws, statutes, ordinances and regulations regarding Your use of the Software.
9. Governing Law and General Provisions. This Agreement shall not be governed by
the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather,
this Agreement and the performance of the parties hereunder shall be construed in
accordance with and governed by the laws of the State of California, U.S.A., except
for its conflict of law rules. The exclusive jurisdiction and venue of any action
arising out of or related to this Agreement will be either the state or federal
courts in Santa Clara County, California, U.S.A., and the parties agree and submit
to the personal and exclusive jurisdiction and venue of these courts. This
Agreement is the entire agreement between You and NVIDIA and supersedes any other
communications, representations or advertising with respect to the Software. If any
provision of this Agreement is held invalid or unenforceable, such provision shall
be revised to the extent necessary to cure the invalidity or unenforceability, and
the remainder of the Agreement shall continue in full force and effect. Failure to
prosecute a party's rights with respect to a default hereunder will not constitute
a waiver of the right to enforce rights with respect to the same or any other
breach. If You are acquiring the Software on behalf of any part of the U.S.
Government, the following provisions apply. The Software programs and documentation
are deemed to be "Commercial computer software" and "Commercial computer software
documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b),
as applicable. Any use, modification, reproduction, release, performance, display
or disclosure of the Software programs and/or documentation by the U.S. Government
or any of its agencies shall be governed solely by the terms of this Agreement and
shall be prohibited except to the extent expressly permitted by the terms of this
Agreement. Any technical data provided that is not covered by the above provisions
is deemed to be "Technical data-commercial items" pursuant to DFAR Section
227.7015(a). Any use, modification, reproduction, release, performance, display or
disclosure of such technical data shall be governed by the terms of DFAR Section
227.7015(b).
10. Questions. Should You have any questions relating to this Agreement, or if You
desire to contact NVIDIA for any reason, please contact PhysXLicensing@NVIDIA.com.
Fonix DecTalk
The Software contains third party programs, including software programs licensed by
Fonix Speech, Inc., a Delaware corporation with its principal place of business at
9350 South 150 East, Suite 700, Sandy, Utah 84070 ("Fonix"), and Fonix grants you a
nonexclusive, nontransferable, worldwide license to use the Fonix software in
object code form but only as incorporated into the Software and with the Software.
The Software contains copyrighted material, trade secrets and other proprietary
material which belongs to Fonix. You agree that you are not a third party
beneficiary of any agreements between Epic and our licensors, including, without
limitation Fonix. Your right to use the Fonix software is restricted to the
functionality, number of concurrent users, and specific primary and secondary
languages authorized in connection with the Software. You may not decompile,
modify, reverse engineer, publicly display, disassemble or otherwise reproduce the
Fonix software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FONIX SOFTWARE IS PROVIDED "AS IS" AND
FONIX AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FONIX OR ITS
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF FONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO
CIRCUMSTANCES SHALL FONIX'S AGGREGATE LIABILITY (IF ANY) EXCEED THE FEES PAID BY
YOU FOR THE SOFTWARE.
Convex Decomposition
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of
the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives
you some rights to use the software. Microsoft reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you may use the
software only as expressly permitted in this agreement. In doing so, you must
comply with any technical limitations in the software that only allow you to use it
in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only
to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on
destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire agreement
for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States,
Washington state law governs the interpretation of this agreement and applies to
claims for breach of it, regardless of conflict of laws principles. The laws of
the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other
country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with respect
to the party from whom you acquired the software. This agreement does not change
your rights under the laws of your country if the laws of your country do not
permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU
MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT
CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT
OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on
third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by applicable
law.
It also applies even if Microsoft knew or should have known about the possibility
of the damages. The above limitation or exclusion may not apply to you because
your country may not allow the exclusion or limitation of incidental, consequential
or other damages.