Sick to Death of Colossal Terms of Services / Uses and EULAs

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V da Mighty Taco

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Apr 9, 2011
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Recently, GOG.com had a special deal where for 48 hours they gave away the original Torchlight in its entirety for free and permanently. The deal was too good to pass up (I like free), so I created a GOG account and picked it up (followed by 2 copies of FTL, a copy of Planescape: Torment, and every other free game they had). Well, here I am today finally getting around to installing Torchlight and I get to the Terms of Service part. The thing with me is I almost always read every ToS / ToU thoroughly or at least skim through it, due to me being a paranoid nutjob who does not trust these companies not to through in some stupid clause under people's noses (it's why I will never use Punkbuster). Now back to Torchlight - I got to the ToS and was greeted with this monstrosity:

TORCHLIGHT SOFTWARE END USER LICENSE AGREEMENT

Updated Version: October 13, 2009

This Software End User License Agreement ("Agreement") constitutes a valid and binding agreement between Runic Games, Inc., a Delaware corporation and its affiliates and business partners (singly and collectively, "Company") and the end user ("you," or "your") of the Software. As used in this Agreement, the term "Software" means collectively the videogame entitled ?Torchlight? (the ?Game?), any toolsets, engines and/or technologies included within the Game, any online or enclosed documentation, any and all copies and/or derivative works of the Game, related software and/or documentation, including without limitation, any and all ?patches,? future programming fixes, updates and upgrades provided to you.

The Software will not function unless it is installed on a computer which meets its minimum installation requirements.

IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE ?I ACCEPT? BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE ?I DO NOT ACCEPT? BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.

1. License Grant. Subject to the terms of this Agreement, Company hereby grants you during the Term (defined below) a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Software onto a computer and to use the Software solely for the purpose of evaluating the Software and providing feedback regarding the Software to Company. The Software may only be used in accordance with this Agreement and any rules, restrictions or documentation set forth by Company from time to time.

2. License Restrictions. (a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works (other than game maps, levels and/or mods Company allows you to create for non-commercial purposes through the software tools provided with the Software), translation, reverse engineering, decompiling, disassembling or hacking of the Software; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software, including, without limitation, through sublicense, to any other entity without the prior written consent of Company; (iv) make any false, misleading or deceptive statement or representation regarding Company and/or the Software; (v) use the Software for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Software or any manner not permitted by the licenses granted herein; (vi) use the Software to, or in any way that would, violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the users of the by monitoring, interdicting or intercepting any process of the Software; and (viii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, addon, hack, trainer, mod, cheat, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the Software (collectively, "Unauthorized Programs"). Furthermore, you may not use the Software to develop, generate, transmit or store information that: (A) infringes Company or any third party intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Software; (D) performs any unsolicited commercial communication not permitted by applicable law; (E) constitutes harassment or a violation of privacy or threatens other people or groups of people; or (F) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

(b) The Software may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Company to enforce any of your rights in relation thereto. All modifications or enhancements to the Software remain the sole property of Company. You understand that Company, in its sole discretion, may modify or discontinue or suspend your right to access or use any of the Software at any time, and may at any time suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice. Company reserves the right to add or remove features or functions to the Software at any time in its sole discretion. When installed on your computer, the Software may periodically communicate with Company servers for authentication purposes. You acknowledge and agree that Company has no obligation to make available to you any subsequent versions of its software applications.

3. Proprietary Rights. The Software contains proprietary and confidential information of Company, including copyrights which are protected by international copyright laws, trade secrets and trademarks contained in the Software. Title to and ownership of the Software, including without limitation all intellectual property rights in and to the Software, are and shall remain the exclusive property of Company and its licensors, and except for the limited license granted to you by Company, Company reserves all right, title and interest in and to the Software. You shall not take any action to jeopardize, limit or interfere with Company's ownership of and rights with respect to the Software. You acknowledge that any unauthorized copying or unauthorized use of the Software is a violation of this Agreement and is strictly prohibited.

4. Term and Termination. (a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until termination by either party as set forth below. As used herein, the term "Term" means the period of time from the date you accept this Agreement until the date this Agreement terminates or expires.

(b) You may terminate this Agreement at any time provided you cease all use of the Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the Software in your possession. Company may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Software.

(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Software shall terminate, and you must remove the Software from your computer equipment and dispose of all originals and copies of the Software in your possession, and (ii) Sections 2, 3, 4(c), and 5 through 13 shall survive such termination.

5. Your Representations and Warranties. (a) You represent and warrant that you: (i) possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) will use the Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) will always provide and maintain true, accurate, current and complete information as requested by Company, (iv) are of a lawful age in your applicable jurisdiction to enter into this Agreement and install and use the Software, and (v) will only use the Software on a computer on which such use is authorized by the computer's owner or lessee, as applicable.

(b) You agree that you will not: (i) use any automatic or manual device or process (including, without limitation, Unauthorized Software) to interfere or attempt to interfere with the proper working of the Software, except to remove the Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement, (ii) attempt to decompile, reverse engineer or hack the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Company with respect to the Software and/or data transmitted, processed or stored by Company or other users of the Software, (iii) take any steps to interfere with or in any manner compromise or violate any of Company's or the Software?s security measures, any other individual's or entity's computer utilizing the Software. Company reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree to cooperate fully in any such investigations and you expressly acknowledge and agree that Company may disclose your personal information to comply with law enforcement or any legal, governmental or regulatory order or action.

(c) If Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Company may terminate this license, deny any or all use of the Software, and pursue any appropriate legal remedies.

6. Indemnity. You agree to indemnify, hold harmless and defend Company and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (collectively, the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Company arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of Confidential Information or (b) use or misuse of the Software.

7. Disclaimer of Warranties. (a) THE SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY COMPANY, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS.

(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) As some jurisdictions do not allow some of the exclusions set forth in this Section 8, some of these exclusions may not apply to you.
8. Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, UNINSTALLATION, USE OR INABILITY TO USE THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF COMPANY OR ANY OF THE RELATED PARTIES TO YOU EXCEED TWENTY DOLLARS (USD$20).

As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.

9. Equitable Remedies. You hereby agree that Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

10. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively ?Export Controls?). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

11. U.S. Government Rights. If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Game is ?commercial computer software? and ?commercial computer software documentation,? and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.

12. Jurisdiction, Venue, No Class Actions. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States of America without regard to its conflict of law rules. Any legal proceeding arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the State and Federal courts of King County, Washington and you irrevocably consent to the jurisdiction of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

13. General Provisions. Company reserves all rights not expressly granted in this Agreement. Company may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.torchlightgame.com. Your continued use of the Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership, agency or joint venture between you and Company. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect. The failure of Company at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Company may, at its sole discretion, assign this Agreement without giving prior notice.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO COMPANY THE RIGHTS SET FORTH HEREIN.


THIRD PARTY LICENSES
____________________________________________________________________________________


OGRE3D is licensed under the OUL

____________________________________________________________________________________


FMOD Ex SoundSystem Copyright © 2005-2008 Firelight Technologies Pty, Ltd.

FMOD LICENSE
____________________________________________________________________________________
IF YOUR PRODUCT IS NOT INTENDED FOR COMMERCIAL GAIN AND DOES NOT
INCLUDE THE FMOD LIBRARY FOR RESALE, LICENSE OR OTHER COMMERCIAL
DISTRIBUTION, THEN USE OF FMOD IS FREE OF CHARGE. THERE IS NO
LICENSE FEES FOR NON-COMMERCIAL APPLICATIONS.

CONDITIONS/LIMITATIONS:
- WHEN USING THIS LICENSE, THE FMOD LIBRARY CANNOT BE USED FOR
RESALE OR OTHER COMMERCIAL DISTRIBUTION
- THIS LICENSE CANNOT BE USED FOR PRODUCTS WHICH DO NOT MAKE
PROFIT BUT ARE STILL COMMERCIALLY RELEASED
- THIS LICENSE CANNOT BE USED FOR COMMERCIAL SERVICES, WHERE THE
EXECUTABLE CONTAINING FMOD IS NOT SOLD, BUT THE DATA IS.
- WHEN USING FMOD, A CREDIT LINE IS REQUIRED IN EITHER DOCUMENTATION,
OR 'ON SCREEN' FORMAT (IF POSSIBLE). IT SHOULD CONTAIN AT LEAST
THE WORDS FMOD SOUND SYSTEM AND FIRELIGHT TECHNOLOGIES.
LOGOS ARE AVAILABLE FOR BOX OR MANUAL ART, BUT ARE NOT MANDANTORY.
AN EXAMPLE CREDIT COULD BE:

FMOD Sound System, copyright © Firelight Technologies Pty, Ltd., 1994-2007.

NOTE THIS IN ADVANCE, AS IT MUST BE DONE BEFORE SHIPPING YOUR
PRODUCT WITH FMOD.

Uses Ogg Vorbis codec. BSD license.
____________________________________________________________________________________
Copyright (c) 2002, Xiph.org Foundation

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:

- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.

- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.

- Neither the name of the Xiph.org Foundation nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

____________________________________________________________________________________

TinyXml is released under the zlib license:

This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any
damages arising from the use of this software.

Permission is granted to anyone to use this software for any
purpose, including commercial applications, and to alter it and
redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must
not claim that you wrote the original software. If you use this
software in a product, an acknowledgment in the product documentation
would be appreciated but is not required.

2. Altered source versions must be plainly marked as such, and
must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any source
distribution.

____________________________________________________________________________________

The MIT License

Copyright (c) 2004 - 2009 Paul D Turner & The CEGUI Development Team

Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

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 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.

____________________________________________________________________________________


The authors make NO WARRANTY or representation, either express or implied,
with respect to this software, its quality, accuracy, merchantability, or
fitness for a particular purpose. This software is provided "AS IS", and you,
its user, assume the entire risk as to its quality and accuracy.

This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.

Permission is hereby granted to use, copy, modify, and distribute this
software (or portions thereof) for any purpose, without fee, subject to these
conditions:
(1) If any part of the source code for this software is distributed, then this
README file must be included, with this copyright and no-warranty notice
unaltered; and any additions, deletions, or changes to the original files
must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying
documentation must state that "this software is based in part on the work of
the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts
full responsibility for any undesirable consequences; the authors accept
NO LIABILITY for damages of any kind.

These conditions apply to any software derived from or based on the IJG code,
not just to the unmodified library. If you use our work, you ought to
acknowledge us.

Permission is NOT granted for the use of any IJG author's name or company name
in advertising or publicity relating to this software or products derived from
it. This software may be referred to only as "the Independent JPEG Group's
software".

We specifically permit and encourage the use of this software as the basis of
commercial products, provided that all warranty or liability claims are
assumed by the product vendor.


____________________________________________________________________________________
This copy of the libpng notices is provided for your convenience. In case of
any discrepancy between this copy and the notices in the file png.h that is
included in the libpng distribution, the latter shall prevail.

COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:

If you modify libpng you may insert additional notices immediately following
this sentence.

libpng versions 1.2.6, August 15, 2004, through 1.2.15, January 5, 2007, are
Copyright (c) 2004, 2006 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-1.2.5
with the following individual added to the list of Contributing Authors

Cosmin Truta

libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are
Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-1.0.6
with the following individuals added to the list of Contributing Authors

Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant

and with the following additions to the disclaimer:

There is no warranty against interference with your enjoyment of the
library or against infringement. There is no warranty that our
efforts or the library will fulfill any of your particular purposes
or needs. This library is provided with all faults, and the entire
risk of satisfactory quality, performance, accuracy, and effort is with
the user.

libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-0.96,
with the following individuals added to the list of Contributing Authors:

Tom Lane
Glenn Randers-Pehrson
Willem van Schaik

libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88,
with the following individuals added to the list of Contributing Authors:

John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner

libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.

For the purposes of this copyright and license, "Contributing Authors"
is defined as the following set of individuals:

Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner

The PNG Reference Library is supplied "AS IS". The Contributing Authors
and Group 42, Inc. disclaim all warranties, expressed or implied,
including, without limitation, the warranties of merchantability and of
fitness for any purpose. The Contributing Authors and Group 42, Inc.
assume no liability for direct, indirect, incidental, special, exemplary,
or consequential damages, which may result from the use of the PNG
Reference Library, even if advised of the possibility of such damage.

Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, without fee, subject
to the following restrictions:

1. The origin of this source code must not be misrepresented.

2. Altered versions must be plainly marked as such and must not
be misrepresented as being the original source.

3. This Copyright notice may not be removed or altered from any
source or altered source distribution.

The Contributing Authors and Group 42, Inc. specifically permit, without
fee, and encourage the use of this source code as a component to
supporting the PNG file format in commercial products. If you use this
source code in a product, acknowledgment is not required but would be
appreciated.


A "png_get_copyright" function is available, for convenient use in "about"
boxes and the like:

printf("%s",png_get_copyright(NULL));

Also, the PNG logo (in PNG format, of course) is supplied in the
files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).

Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a
certification mark of the Open Source Initiative.

Glenn Randers-Pehrson
glennrp at users.sourceforge.net
January 5, 2007

_________________________________________________

Copyright (c) 1988-1997 Sam Leffler
Copyright (c) 1991-1997 Silicon Graphics, Inc.

Permission to use, copy, modify, distribute, and sell this software and
its documentation for any purpose is hereby granted without fee, provided
that (i) the above copyright notices and this permission notice appear in
all copies of the software and related documentation, and (ii) the names of
Sam Leffler and Silicon Graphics may not be used in any advertising or
publicity relating to the software without the specific, prior written
permission of Sam Leffler and Silicon Graphics.

THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS SOFTWARE.

____________________________________________________________________________________


zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.3, July 18th, 2005

Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler

This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.

Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.

Jean-loup Gailly jloup@gzip.org
Mark Adler madler@alumni.caltech.edu

____________________________________________________________________________________

The MNG Library is supplied "AS IS". The Contributing Authors
disclaim all warranties, expressed or implied, including, without
limitation, the warranties of merchantability and of fitness for any
purpose. The Contributing Authors assume no liability for direct,
indirect, incidental, special, exemplary, or consequential damages,
which may result from the use of the MNG Library, even if advised of
the possibility of such damage.

Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, without fee, subject
to the following restrictions:

1. The origin of this source code must not be misrepresented;
you must not claim that you wrote the original software.

2. Altered versions must be plainly marked as such and must not be
misrepresented as being the original source.

3. This Copyright notice may not be removed or altered from any source
or altered source distribution.

The Contributing Authors specifically permit, without fee, and
encourage the use of this source code as a component to supporting
the MNG and JNG file format in commercial products. If you use this
source code in a product, acknowledgment would be highly appreciated.

____________________________________________________________________________________

FreeImage Public License - Version 1.0
---------------------------------------------

1. Definitions.

1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. "License" means this document.

1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a
Modification is:

A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.12. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

(Continued in next post, due to exceeding maximum char amount. I apologize for that, the official Torchlight website seems to have a noticeably shorter EULA than the one I'm getting upon installing Torchlight, so copypaste is my only solution. Once again, I apologize.)
 

V da Mighty Taco

New member
Apr 9, 2011
890
0
0
(Continued from OP)

2. Source Code License.

2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or
combinations.

2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.

3. Distribution Obligations.

3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or
restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

3.4. Intellectual Property Matters

(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.

3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its
structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.

6. Versions of the License.

6.1. New Versions.
Floris van den Berg may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Floris van den Berg
No one other than Floris van den Berg has the right to modify the terms applicable to Covered Code created under this License.

6.3. Derivative Works.
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases "FreeImage", `FreeImage Public License", "FIPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FreeImage Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the The Netherlands: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo, The Netherlands with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.

EXHIBIT A.

"The contents of this file are subject to the FreeImage Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://home.wxs.nl/~flvdberg/freeimage-license.txt

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.


____________________________________________________________________________________

The FreeType Project LICENSE
----------------------------

2006-Jan-27

Copyright 1996-2002, 2006 by
David Turner, Robert Wilhelm, and Werner Lemberg



Introduction
============

The FreeType Project is distributed in several archive packages;
some of them may contain, in addition to the FreeType font engine,
various tools and contributions which rely on, or relate to, the
FreeType Project.

This license applies to all files found in such packages, and
which do not fall under their own explicit license. The license
affects thus the FreeType font engine, the test programs,
documentation and makefiles, at the very least.

This license was inspired by the BSD, Artistic, and IJG
(Independent JPEG Group) licenses, which all encourage inclusion
and use of free software in commercial and freeware products
alike. As a consequence, its main points are that:

o We don't promise that this software works. However, we will be
interested in any kind of bug reports. (`as is' distribution)

o You can use this software for whatever you want, in parts or
full form, without having to pay us. (`royalty-free' usage)

o You may not pretend that you wrote this software. If you use
it, or only parts of it, in a program, you must acknowledge
somewhere in your documentation that you have used the
FreeType code. (`credits')

We specifically permit and encourage the inclusion of this
software, with or without modifications, in commercial products.
We disclaim all warranties covering The FreeType Project and
assume no liability related to The FreeType Project.


Finally, many people asked us for a preferred form for a
credit/disclaimer to use in compliance with this license. We thus
encourage you to use the following text:

"""
Portions of this software are copyright © The FreeType
Project (www.freetype.org). All rights reserved.
"""

Please replace with the value from the FreeType version you
actually use.
Legal Terms
===========

0. Definitions
--------------

Throughout this license, the terms `package', `FreeType Project',
and `FreeType archive' refer to the set of files originally
distributed by the authors (David Turner, Robert Wilhelm, and
Werner Lemberg) as the `FreeType Project', be they named as alpha,
beta or final release.

`You' refers to the licensee, or person using the project, where
`using' is a generic term including compiling the project's source
code as well as linking it to form a `program' or `executable'.
This program is referred to as `a program using the FreeType
engine'.

This license applies to all files distributed in the original
FreeType Project, including all source code, binaries and
documentation, unless otherwise stated in the file in its
original, unmodified form as distributed in the original archive.
If you are unsure whether or not a particular file is covered by
this license, you must contact us to verify this.

The FreeType Project is copyright (C) 1996-2000 by David Turner,
Robert Wilhelm, and Werner Lemberg. All rights reserved except as
specified below.

1. No Warranty
--------------

THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO
USE, OF THE FREETYPE PROJECT.

2. Redistribution
-----------------

This license grants a worldwide, royalty-free, perpetual and
irrevocable right and license to use, execute, perform, compile,
display, copy, create derivative works of, distribute and
sublicense the FreeType Project (in both source and object code
forms) and derivative works thereof for any purpose; and to
authorize others to exercise some or all of the rights granted
herein, subject to the following conditions:

o Redistribution of source code must retain this license file
(`FTL.TXT') unaltered; any additions, deletions or changes to
the original files must be clearly indicated in accompanying
documentation. The copyright notices of the unaltered,
original files must be preserved in all copies of source
files.

o Redistribution in binary form must provide a disclaimer that
states that the software is based in part of the work of the
FreeType Team, in the distribution documentation. We also
encourage you to put an URL to the FreeType web page in your
documentation, though this isn't mandatory.

These conditions apply to any software derived from or based on
the FreeType Project, not just the unmodified files. If you use
our work, you must acknowledge us. However, no fee need be paid
to us.

3. Advertising
--------------

Neither the FreeType authors and contributors nor you shall use
the name of the other for commercial, advertising, or promotional
purposes without specific prior written permission.

We suggest, but do not require, that you use one or more of the
following phrases to refer to this software in your documentation
or advertising materials: `FreeType Project', `FreeType Engine',
`FreeType library', or `FreeType Distribution'.

As you have not signed this license, you are not required to
accept it. However, as the FreeType Project is copyrighted
material, only this license, or another one contracted with the
authors, grants you the right to use, distribute, and modify it.
Therefore, by using, distributing, or modifying the FreeType
Project, you indicate that you understand and accept all the terms
of this license.

4. Contacts
-----------

There are two mailing lists related to FreeType:

o freetype@nongnu.org

Discusses general use and applications of FreeType, as well as
future and wanted additions to the library and distribution.
If you are looking for support, start in this list if you
haven't found anything to help you in the documentation.

o freetype-devel@nongnu.org

Discusses bugs, as well as engine internals, design issues,
specific licenses, porting, etc.

Our home page can be found at

http://www.freetype.org

____________________________________________________________________________________

Particle Universe Commercial License - Version 1.1

General
This document is an agreement between Henry van Merode ("Licensor") and Licensee regarding the use of the "Particle Universe product" by Licensee in one or more products.

Transfer
Licensee may not rent, lease, redistribute, sublicense, or otherwise transfer the limited rights granted by this license.

Copyright and distribution
All code and content in the Particle Universe package is protected by copyright and other intellectual property laws and by international treaties. Both code and content of the Particle Universe package is copyright (C) of Licensor. Licensee acknowledges and agrees that he is not acquiring title to any intellectual property rights of both code and content of the Particle Universe package. Licensee may improve the code and content and use the modified versions in a product.

Disclaimer of warranty
Licensee expressly acknowledge and agrees that use of the Particle Universe package is at licensees sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the licensee. The code and content in the Particle Universe package are provided "as is" and "as available" and without ant warranty or representation whatsoever, express or implied. Licensor specifically disclaims any implied warranties of merchantability, title, and fitness for a particular purpose.

Limitation of Liability
To the extend not prohibited by law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of inability to use the Particle Universe product, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages.

Agreement
This agreement constitutes the complete agreement concerning this license. Any change to this agreement must be made in writing.


========================================
== GOG.com End-User License Agreement ==
========================================

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. This end user license agreement (this ?Agreement?) is a legal agreement between you (an individual or a single entity ?You?) and GOG.com or GOG Limited (?Company?) for the accompanying software product which includes computer software and any associated media, printed materials, and/or ?online? or electronic documentation (collectively, the ?Program?). By installing, copying, or otherwise using the Program, you acknowledge that you have read this Agreement and agree to be bound by the terms. If you do not accept or agree to the terms of this Agreement, do not install or use the Program.

1.License. Company grants you a non-exclusive, non-transferable license to use the Program, but retains all property rights in the Program and all copies thereof. This Program is licensed, not sold, for your personal, non-commercial use. Your license confers no title or ownership in this Program and should not be construed as any sale of any rights in this Program. You may not transfer, distribute, rent, sub-license, or lease the Program or documentation, except as provided herein; alter, modify, or adapt the Program or documentation, or portions thereof including, but not limited to, translation, decompiling or disassembling. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Program, except and only to the extent that such activity is expressly permitted under applicable law notwithstanding this limitation. All rights not expressly granted under this Agreement are reserved by Company.

2.No Warranty. You are responsible for assessing your own computer and the results to be obtained therefrom. You expressly agree that use of the Program is at your sole risk. The Program is provided on an ?as is,? ?as available? basis, unless such warranties are legally incapable of exclusion. Company and its licensors disclaim all warranties and conditions, whether oral or written, express, or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, regarding the Program. Company and its licensors assume 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 Company, its licensors, licensee and/or subcontractors, or by your or any other participant?s own errors and/or omissions. Company and its licensors make no warranty with respect to any related software or hardware used or provided by Company in connection with the Program except as expressly set forth above.

3.Limitation of Liability. You acknowledge and agree that Company and its licensors shall not assume or have any liability for any action by Company or its content providers, other participants, or other licensors with respect to conduct, communication, or content of the Program. Company and its licensors shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages resulting hereunder in any manner, even if advised of the possibility of such damages. Except as expressly provided herein, Company?s and its licensors? entire liability to you and your exclusive remedy for any breach of this Agreement is limited solely to the total amount paid by you for the Program, if any. Because some states do not allow the exclusion or limitation of liability for certain damages, in such states Company?s and its licensors? liability is limited to the extent permitted by law.

4.Indemnity. At Company?s request, you agree to defend, indemnify and hold harmless Company, its affiliates and licensors from all damages, losses, liabilities, claims and expenses, including attorneys? fees, arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this Agreement or any breach of this Agreement by you.

5.Termination. Without prejudice to any other rights of Company, this Agreement and your right to use the Program may automatically terminate without notice from Company if you fail to comply with any provision of this Agreement or any terms and conditions associated with the Program. In such event, you must destroy all copies of this Program and all of its component parts.

6.Injunction. Because Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Company shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have under applicable laws.

7.General Provisions. Company?s failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Company of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. This Agreement shall be governed by the laws of the State of California and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the courts in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this License Agreement between you and Company.


=============
MD5 Component
=============

The MIT License

Copyright (c)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

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 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.

Excuse me for the language here, but ARE YOU FUCKING KIDDING ME???? Are people seriously expected to read that just to play a singleplayer offline game? Was there really no way something like this could not have been condensed to something reasonable? Now this may be one of the most extreme examples, but it's definitely not alone in the "insanely large and convoluted ToS" department, yet on a legal level people are supposed to read and agree to these every single time they get a new game, and quite frankly I'm tired of it.

Seriously, it gets so very old actually being someone who won't just agree to things wily-nily, yet has to go through crap like this constantly just to try out a piece of entertainment. It's unbelievably grating to say the least, and often leaves me not even wanting to try a new game even if I already own it, just because I seriously cannot be asked to spend multiple hours reading a legal document that I'm apparently suppose to understand and comprehend fully.

So for discussion value, I ask my fellow Escapists (particularly those in the U.S., due to the laws here not siding with the customer when it comes to EULAs) 4 questions:

- What are your thoughts on incredibly large EULAs becoming more and more commonplace?

- Do you actually read the Terms of Service / Use when you get a game?

- Is it reasonable to expect people to read a EULA or ToS every time they get a new game?

- A leading question, I know, but is it too much to ask that these things be condensed and simplified to be much more manageable for the average person to actually read?

Captcha: "face the music"

:mad:

I now hate you, Captcha.
 

Bostur

New member
Mar 14, 2011
1,070
0
0
I'm not from the US, but to me it's unclear exactly how much of such an EULA would actually count, should it ever matter.

I find them incredibly obnoxious myself. Sometimes EULAs are poorly translated to my language and makes even less sense than the original. Most of them are very clearly designed for people not to read them, and as such I find the practice extremely dishonest.

- A leading question, I know, but is it too much to ask that these things be condensed and simplified to be much more manageable for the average person to actually read?
I sometimes wonder the same myself. Sometimes I've seen game companies excuse themselves in legal matters by saying "It's not us, it's the lawyers", as if lawyers were some kind of uncontrollable force of nature. If their lawyers are so incompetent maybe they could hire someone else? This is certainly a part of American culture that completely baffles me, but still affects my everyday life.

I've always been brought up with the advice to read all legal documents before signing them. And if I don't agree, I don't sign. Thats just common sense to me. Unfortunately that principle doesn't work so well with software where agreement is forced on the customer.
 

GoaThief

Reinventing the Spiel
Feb 2, 2012
1,229
0
0
I was going to make a similar thread today, which I still might, concerning the agreement of the new 360 dashboard beta. In which you give Microsoft the right to indefinitely keep all your bing voice search data alongside your personal information to use in anyway they choose and confirm that the terms and conditions you agree to will apply and extend beyond the beta until the end of time. It's fucking sinister. These legalese documents are specifically designed to confuse and hide intent from the person agreeing, I don't usually pay much attention to the average one that comes with a game but things like betas, system updates (things which handle sensitive information) and the like are worth skimming through at the very least.

OP, are there any major differences between the EULA you have there from GOG and the usual version, say from the developers' website?
 

Trek1701a

New member
Aug 23, 2012
68
0
0
EULAs are funny beasts. While a good many of them aren't trying to be bad, they are written in dense and lengthy legalese to get people to not understand them or just to stop reading them. Also, they are included as to get people to think they are signing a contract, which would then have the person/people think that if there is a problem they can't take legal action against the publisher. This has been a very grey area over the course of the years, though recently the courts have been siding with publishers more and more, especially if comes to intellectual property. However, the ones that have been won against EULAs were basically arguing that they/you are a captive audience and that you cannot experience the software without signing/agreeing to it, so whatever the complaint you wouldn't know it until it was too late. Sort of the way cars were before lemon laws.
 

Anthony Corrigan

New member
Jul 28, 2011
432
0
0
I love these, specifically clauses like this

1. No Warranty
--------------

THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO
USE, OF THE FREETYPE PROJECT.
The ACCC forced game companies if they didn't have a specific section for Australians removing things like this to put a sticker on the front which went along the lines of

Under the Australian Consumer Law consumers have a right to refund for faulty products and products which are not fit for purpose or do not match what is advertised by the product or sales staff. You are also entitled to compensation for any reasonably foreseeable loss or damage as a result of this
Ie if your game breaks my computer you have to pay to fix it or buy me a new one. No refund signs are an offence here and the same laws apply to online as in shop (Looking at you Apple)
 

Eclectic Dreck

New member
Sep 3, 2008
6,662
0
0
Bostur said:
I sometimes wonder the same myself. Sometimes I've seen game companies excuse themselves in legal matters by saying "It's not us, it's the lawyers", as if lawyers were some kind of uncontrollable force of nature. If their lawyers are so incompetent maybe they could hire someone else? This is certainly a part of American culture that completely baffles me, but still affects my everyday life.
The truth of the matter is that most of the language people use in daily speech is rife with ambiguity. Legal speak, is, simply and broadly, a method by which a desired level of precision in language is reached.

The end goal of such a thing is to retain as much power as possible while simultaneously protecting one's self from all possible avenue of litigation. In the US, the power of such contracts is significant though far from absolute. To my knowledge, the legality of such contracts have not been widely tested outside of a few courts. Those courts where it has been upheld are known bastions of fervent pro-corporation judgement.
 

Dr.Awkward

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Most of those portions are other EULAs for DLL libraries the game uses, e.g. libPNG and FreeType. If you were to cut out all the EULAs that come with the libraries, you'd find that it is quite short.

The cut-and-paste portions are often done out of courtesy, even though all they need to do is include the EULA/readme in the game files. All that's really necessary, in terms of what needs to be shown and agreed upon, is their own and GOG's portion.
 

Worgen

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Whatever, just wash your hands.
From what I understand, EULA's are of dubious legal value anyway, they are designed to protect the publisher, but I've heard that if something actually makes it to trial most judges will ignore them.
 

Headdrivehardscrew

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Is it too much to ask to 'condense' EULAs/EUALAs/SHMOOWAWAs?

-Yes, absolutely. See, GOG.com, the devs, the publisher absolutely have to include just about every single bit of these monstrosities, as they would otherwise be sued or otherwise pestered by just about anyone else they do business with or from whom they bought/rented/licensed any line of code from. If they would not protect themselves with proper walls of EULAs, they would open themselves up for attack, which could easily wipe out smaller businesses and put a hefty dent in the wallets of larger corporations. It's a greedy bastard eat greedy bastard world out there, and the term 'greedy bastard' involves anyone wanting to buy anything from anyone or sell anything to anyone. It's ludicrous and shitty, but if they were to not play it like the pros, they just couldn't do business. They couldn't even offer you things for free, as you might just have found out.
 

Bad Jim

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I reckon these companies shouldn't be allowed to take payment until the customer has passed a short test to prove they have actually read the EULA.
 

Seracen

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My main problem is that even if you read and understand the EULA, but simply don't agree to all terms and conditions (from a moral standpoint), you have no other recourse.

It's not like you can use the product and demand a different EULA. If the legalese is going to be that byzantine, that should be the trade-off.

Anything beyond this is just unnecessary: 1) don't steal/copy, 2) don't sue us if your PC/OS gets toasted, 3) don't reverse engineer/cheat, 4) no harassment
 

5ilver

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Bad Jim said:
I reckon these companies shouldn't be allowed to take payment until the customer has passed a short test to prove they have actually read the EULA.
If they did that, nobody would ever buy from them :D

Eclectic Dreck said:
Bostur said:
I sometimes wonder the same myself. Sometimes I've seen game companies excuse themselves in legal matters by saying "It's not us, it's the lawyers", as if lawyers were some kind of uncontrollable force of nature. If their lawyers are so incompetent maybe they could hire someone else? This is certainly a part of American culture that completely baffles me, but still affects my everyday life.
My opinion is that most of the language people use in daily speech is rife with ambiguity. Legal speak, is, simply and broadly, a method by which a desired level of precision in language is reached.
Maybe extending a sentence to 15 pages makes it clearer and more precise to you but not to me.
 

Nielas

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Seracen said:
My main problem is that even if you read and understand the EULA, but simply don't agree to all terms and conditions (from a moral standpoint), you have no other recourse.

It's not like you can use the product and demand a different EULA. If the legalese is going to be that byzantine, that should be the trade-off.

Anything beyond this is just unnecessary: 1) don't steal/copy, 2) don't sue us if your PC/OS gets toasted, 3) don't reverse engineer/cheat, 4) no harassment
You can demand a different EULA. However, the software company is not likely to give it to you unless you really make it worth their while. If it is not in their financial benefit to negotiate different terms with you, they are within their rights to tell you "no".

Funny enough, most EULAs are composed of the 4 core items you listed but are in legale.
 

Nielas

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5ilver said:
Bad Jim said:
I reckon these companies shouldn't be allowed to take payment until the customer has passed a short test to prove they have actually read the EULA.
If they did that, nobody would ever buy from them :D

Eclectic Dreck said:
Bostur said:
I sometimes wonder the same myself. Sometimes I've seen game companies excuse themselves in legal matters by saying "It's not us, it's the lawyers", as if lawyers were some kind of uncontrollable force of nature. If their lawyers are so incompetent maybe they could hire someone else? This is certainly a part of American culture that completely baffles me, but still affects my everyday life.
My opinion is that most of the language people use in daily speech is rife with ambiguity. Legal speak, is, simply and broadly, a method by which a desired level of precision in language is reached.
Maybe extending a sentence to 15 pages makes it clearer and more precise to you but not to me.
What do you mean by "page"? "clearer"? "precise"? :)
 

Xyshon

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Stupid idea number 47-b: EULAs are for software, right? Software runs on computers, right?

So why not have a concise EULA in plain English, and any uncertain terms like *sigh* "Page", "Clearer" or "Precise" could be linked to more precise legalese definitions?

You know, like Wikipedia has whenever its explaining something complex?
 

Nielas

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Xyshon said:
Stupid idea number 47-b: EULAs are for software, right? Software runs on computers, right?

So why not have a concise EULA in plain English, and any uncertain terms like *sigh* "Page", "Clearer" or "Precise" could be linked to more precise legalese definitions?

You know, like Wikipedia has whenever its explaining something complex?
All these sub pages would still have to be presented to the person buying the software for him/her to accept. If they are just left as links to another document, it could be argues that the buyer did not actually agree to that definition of the terms. Safer to just include all that stuff in the main document.

You would pretty much have to have legislation that codifies the exact legal definitions and adds statutory legal requirements for stuff that is covered by software EULAs. ie the clause does not have to be listed because by law it is assumed to be there.
 

Da Orky Man

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Bostur said:
I'm not from the US, but to me it's unclear exactly how much of such an EULA would actually count, should it ever matter.

I find them incredibly obnoxious myself. Sometimes EULAs are poorly translated to my language and makes even less sense than the original. Most of them are very clearly designed for people not to read them, and as such I find the practice extremely dishonest.

- A leading question, I know, but is it too much to ask that these things be condensed and simplified to be much more manageable for the average person to actually read?
I sometimes wonder the same myself. Sometimes I've seen game companies excuse themselves in legal matters by saying "It's not us, it's the lawyers", as if lawyers were some kind of uncontrollable force of nature. If their lawyers are so incompetent maybe they could hire someone else? This is certainly a part of American culture that completely baffles me, but still affects my everyday life.

I've always been brought up with the advice to read all legal documents before signing them. And if I don't agree, I don't sign. Thats just common sense to me. Unfortunately that principle doesn't work so well with software where agreement is forced on the customer.
I believe there was a European Parliament ruling that any agreement that you enter after you bought the item, such as basically all EULAs, are null and void under the law. So, if you happen to live in the EU, you're probably safe.