RELATING TO THE VBS2 SOFTWARE DEVELOPMENT VERSION
IMPORTANT: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement (“EULA”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
DEVELOPMENT PERIOD: means the period commencing on the earlier of the date you first install the Software or two (2) weeks after the date you receive the Software from the Company and expiring two (2) calendar months thereafter. The Development Period may be modified at any time by the Company in writing.
AGREEMENT
This document is an agreement in respect of the computer software known as “VBS2” along with the VBS2 Development Suite and plug-in modules VBS2Fires, VBS2FAC and/or VBS2Fusion (collectively “Software“, references to which include, where relevant, any discs or other media on which the Software is delivered or provided, together with all printed or electronic materials provided by the Company in relation to the use of the Software) between Bohemia Interactive Australia Pty. Ltd. (ACN 099 083 100) (“Company“, references to which include its affiliated companies where appropriate), the original person or entity who purchased or otherwise received the Software (“Licensee“) and each Authorised User (as defined below) who is authorised by the Licensee to use the Software in accordance with this EULA. The Software is licensed for use only by the Licensee and Authorised Users and on the strict condition that the Licensee and each Authorised User accepts and complies with all of the terms and conditions contained in this EULA. The words “you” and “your” as used in this EULA refer to the Licensee and/or each Authorised User as relevant.
By installing, accessing or otherwise using the Software, you irrevocably agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you must not install, copy or use the Software and must return the Software to the Licensee (or to the Company if you are the Licensee). When you install the Software you will be asked to review and either accept or not accept the terms of the EULA by clicking the “I Accept” button. By clicking the “I Accept” button you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions. If you do not agree to all of the terms and conditions of this EULA, you must click the “Decline” or “I Do Not Accept” button and cancel the installation or downloading of the Software and you must not thereafter use or access the Software. You agree that your use of the Software acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions.
You must ensure that all users to whom you allow or permit access to the Software in accordance with this EULA have been provided with a copy of this EULA and you acknowledge that you are responsible for compliance with this EULA by all such users.
INTELLECTUAL PROPERTY RIGHTS
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Company or its licensors. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its licensors. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Software. All rights not expressly granted to you in this EULA are reserved by the Company and its licensors.
GRANT OF LICENSE
The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you only for the duration of the Development Period (as defined above) a limited, personal, restricted, non-exclusive and non-transferable license to use the Software solely for the purpose of conducting development on behalf of the Company and for no other purpose, subject to the terms and conditions of this EULA. This license is only valid to the extent that you are the Licensee or (i) you are a currently serving member or direct employee of the Licensee working for the Licensee within a premises or facility of the Licensee; and (ii) you are expressly authorised by the Licensee to use the Software; and (iii) you use the Software for projects authorised by the Licensee within the Licensee’s organisation (“Authorised User(s)“).
You must not use the Software outside of the Licensee’s organisation. You must not pass or provide the Software to any third party (including but not limited to other companies, academic organizations, members of foreign defence forces or personnel outside the Licensee) without prior written permission from the Company.
You agree to use your best endeavours and to take all reasonable steps to safeguard the Software to ensure that no unauthorised person has access to the Software and that there is no unauthorised copying or distribution of the Software or any accompanying documentation or any other breach of this EULA.
PERMITTED USES
If the Software is configured for loading on a hard drive, you may install and use the Software on computers owned and used directly by the Licensee. You may not make any copies of the Software whether for backup and archival purposes or otherwise. You are expressly prohibited from transferring your rights under this EULA to any third party and you are expressly prohibited from transferring physical possession of the original or any copy of the Software to any third party unless prior permission is granted in writing by the Company. The Company reserves all rights not expressly granted to you in this EULA.
This Software shall be accessed and used solely and exclusively with the applicable hardware digital rights management device (dongle) that accompanies it and you shall not attempt to disable or circumvent this digital rights management protection.
RESTRICTIONS
You must not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials. You must not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You are expressly prohibited from unpacking or otherwise opening content files contained in the Software (including but not limited to files with the .pbo or .ebo file extension). No modification shall be made to the splash or main menu screens of the Software without prior written permission from Company, which it may withhold in its unfettered discretion, and the splash and main menu screens shall not be hidden or otherwise avoided and shall remain clearly visible during the start-up process of the Software. You must not directly, contributorily or vicariously copy, communicate to the public, rent, lease, sublicense, distribute, or create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this EULA). You must not claim ownership of the Software either verbally or in writing. The Software shall not be installed within a terminal server environment such as, but not limited to, a CITRIX Metaframe server, or accessed by more than one terminal or central processing unit or time-shared. You must not use or copy the Software except as expressly provided in this EULA. These obligations survive termination of this EULA for whatever reason.
You must not operate the Software as part of weapon or convoy training systems whereby hit detection involving laser or live fire detection cameras are employed, without the prior written permission of the Company.
EDITOR AND END-USER VARIATIONS
Only if you are the Licensee or if you are an Authorised User expressly authorised to do so by the Licensee and not otherwise, and if the Software includes a feature that allows you to modify the Software, construct new variations or create new content (an “Editor”), you may use such Editor only to create modifications or enhancements to the Software, including the construction of new levels or content (collectively the “Variations“), subject to the following restrictions. Your Variations: (i) must only work with the full, registered copy of the Software; (ii) must not contain modifications to any executable or content file; (iii) must not contain any defamatory or other illegal material, material that may or does infringe the rights (including but not limited to intellectual property rights) of a third party, material that is scandalous, obscene or which invades the rights of privacy or publicity of any third party or material which has a harmful or malicious purpose; and (iv) must not contain any trademarks (whether registered or at common law), copyright-protected work or other property of third parties. You are expressly prohibited from making available to any third party, selling, licensing, distributing, exploiting or otherwise commercialising any Variations except as otherwise agreed by the Company in writing. You are solely liable for any Variations which you undertake and no warranties or assurances are given as to the suitability of the Software or any Editor for any development of Variations which you undertake.
PLUG-IN DEVELOPMENT
Only if you are the Licensee or if you are an Authorised User expressly authorised to do so by the Licensee and not otherwise you may use the Software, the Software’s Application Scripting Interface and/or the VBS2Fusion API (“Interface”) for any purpose (“Plug-In Development”) strictly in compliance with the following conditions: (i) you may carry out the Plug-In Development only within the scope of your existing employment contract with the Licensee (including the development of relevant applications, data and content and the demonstration and delivery of such applications, data and content to the Licensee; (ii) you must directly notify the Company in writing of all such Plug-In Developments and provide the Company promptly with all details of all such Plug-In Developments as the Company may request; and (iii) you must not use the Software or the Interface for any other purpose, and must not sell, license, distribute, exploit or otherwise commercialise the Software or the Interface. The product of any Plug-In Development: (i) must only work with the full, registered copy of the Software; (ii) must not contain any defamatory or other illegal material, material that may or does infringe the rights (including but not limited to intellectual property rights) of a third party, material that is scandalous, obscene or which invades the rights of privacy or publicity of any third party or material which has a harmful or malicious purpose; and (iii) must not contain any trademarks (whether registered or at common law), copyright-protected work or other property of third parties. You are expressly prohibited from making available to any third party, selling, licensing, distributing, exploiting or otherwise commercialising the product of any Plug-In Development unless otherwise agreed by the Company in writing. You are solely liable for and indemnify the Company in respect of the product of any Plug-In Development which you create and no warranties or assurances are given as to the suitability of the Software or the Interface for any Plug-In Development which you undertake.
TERMINATION
This EULA is effective from the first date you install the Software until the expiry of the Development Period or earlier termination of this EULA. You may terminate this EULA at any time by permanently deleting the Software from all hard drives, networks and other storage media and destroying or returning to the Company, at your own cost, the Software, all backup copies, and all related materials in your possession or under your control. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA or at the expiration of the Development Period or on termination of Company’s license with Licensee. Upon expiry of the Development Period or earlier termination of this EULA for whatever reason, (a) all licenses and rights to use the Software, the Editor and the Interface shall automatically terminate, (b) you will immediately cease any and all use of the Software, and (c) if you have not already done so you will immediately delete the Software from all hard drives, networks and other storage media and destroy or return to the Company, at your own cost, the Software, all backup copies, and all related materials in your possession or under your control. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive expiry or termination of this EULA. The Company will not be liable in respect of any damage caused by the expiry or termination of this EULA for whatever reason. Expiry or termination of this EULA for whatever reason is without prejudice to all other rights and remedies of the Company,
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. The Software and media are supplied “AS IS.” Unless otherwise provided by applicable law, the Company warrants to the Licensee only that the Software storage medium (if any) will be free from defects in materials and workmanship under normal use for the shorter of the Development Period or ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software storage medium (if any) fails to conform to this warranty, you may as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software to the Company. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA SUFFERED, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THIS COPY OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS EULA.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable local legislation.
CHOICE OF LAW AND VENUE
This EULA shall be deemed to have been made and executed in New South Wales, Australia, and any dispute arising hereunder shall be resolved in accordance with the laws of New South Wales the Courts of which shall have jurisdiction to hear disputes in relation to this EULA.
EXPORT
You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations.
MISCELLANEOUS
This EULA also applies to any and all updates, supplements, add-on components, or Internet-based services components of the Software that Company may, but is not obliged to, provide to you or make available to you after the date you obtain your initial copy of the Software.
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire agreement between you and the Company regarding the Software and its use. No amendment or modification to this EULA shall be valid unless it shall be in writing and signed by an authorised representative of the Company.
No waiver of any breach of this EULA will be a waiver of any other breach of the same or any other provision of this EULA. No waiver is effective unless in writing.
All notices, requests for permissions and other communications for the Company must be addressed to:
Bohemia Interactive Australia Pty Ltd
5, 6 and 7 Nelson Corner
138 Magnus Street
Nelson Bay
NSW 2315
Australia
THIRD PARTY LICENSORS
You acknowledge that the Software contains software and/or materials OWNED BY third party licensors. You agree that you will comply with all requirements imposed upon the Company by third party licensors. You acknowledge and agree that you are not a third party beneficiary of any agreements between the Company and its third party licensors. You acknowledge and agree that the Company’s third party licensors are and shall be a third party beneficiary of this EULA.
Virtual Battlespace 2 (VBS2) © 2007-2010 Bohemia Interactive a.s. Bohemia Interactive Simulations, s.r.o. Bohemia Interactive Studio, s.r.o. and BIA. All rights reserved. BIA is a licensee of Bohemia Interactive a.s. Bohemia Interactive Simulations s.r.o. and Bohemia Interactive Studio, s.r.o. BIA owns the registered trademark “VBS” (Reg. U.S. Pat. & Tm. Off.) and the trademarks “Virtual Battlespace”, “VBS2Fires” and “VBS2Fusion”. All other trademarks are the property of their respective owners. VBS2 may include “Calytrix LVC Game” and/or “Calytrix Combat Net Radio Simulator (CNR-Sim),” which are commercial trademarked software products of Calytrix Technologies Pty Ltd. If provided, LVC Game and CNR-Sim are licensed to Licensee as part of the VBS2 license and are thereby subject to the terms and conditions of this End User License Agreement.
VBS2 simulates real-world weapons, vehicles and other equipment. The product names, logos, brands and other trademarks depicted or referred to in the Software or in its ancillary materials are the property of their respective trademark owners. These trademark owners, and the manufacturers of the weapons, vehicles and other equipment used in the Software, are not affiliated with or related to the producer of VBS2 and do not endorse or sponsor the Software. Trijicon®, ACOG®, and the design of the ACOG® are registered trademarks of Trijicon, Inc.
Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland.
VBS2Fires, VBS2FAC and VBS2Fusion © 2009-2010 SimCentric Technologies Pty. Ltd.
Open AL Copyright © 1999-2006 Creative Technology Ltd.
Vorbis Sound Compression Codec Copyright © 2001 Xiphophorus
Speex Codec Copyright © 2002 Jean-Marc Valin