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SHADOWGUN: DEADZONE PUBLIC LICENSE AGREEMENT

This Public License Agreement (the “PLA”) is a legal agreement between You (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as “You“ or “Licensee”, and MADFINGER Games, a.s. in order to give you a license to change the Game as set forth in this Agreement under the conditions in this Agreement,

1. Definitions:

  1. The term "Game" means product SHADOWGUN: DeadZone supplied by MADFINGER Games, a.s.
  2. MADFINGER Games, a.s. is the legal and rightful owner of all intellectual Property Rights of SHADOWGUN: DeadZone and its changes, upgrades, variations and modification produced by MADFINGER Games, a.s.

2. Ownership/Intellectual Property Rights:

  1. Hereby MADFINGER Games, a.s. gives You as a Licensee the personal, cancellable, limited, non-exclusive, non-transferable and non–commercial license to change and create new versions of the Game SHADOWGUN: DeadZone under conditions of this Agreement.
  2. You, as Licensee have a right to use source codes, binary data, and other information open to the public for Your projects. You are not allowed to use the Game SHADOWGUN: DeadZone as a whole.
  3. When using any part of the Game SHADOWGUN: DeadZone open to public You must use the logo MADFINGER Games, a.s on the start up screen in the form it is in website: http://madfingergames.com/pla/deadzone
  4. All changes, modifications, variations, mutations and alterations of SHADOWGUN: DeadZone (sometimes called as "Derivatives") made by You will be the property of Madfinger Games, a.s. the day Derivatives are accepted by MADFINGER Games, a.s. You hereby entitle MADFINGER Games, a.s. to use, copy, modify, and distribute the changes, modifications, variations, mutations and alterations with all its Derivatives. MADFINGER Games, a.s. is also allowed to use Your name or nickname without title to a fee.
  5. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. This Agreement does not authorize You to use MADFINGER Games, a.s. or its licensors' names or any of their respective trademarks without explicit consent given by MADFINGER Games, a.s., if not stated in this Agreement otherwise.
  6. You must use the provided source code and information according this Agreement only for the purpose of changing, mutating or varying the Game SHADOWGUN: DeadZone. You must take all reasonable measures to assure that no third person can misuse any part of the source game data including game source code.
  7. MADFINGER Games, a.s. is the owner of all rights, title and interests in and to the Game (including all copyrights, trademarks and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
  8. You shall not, at any time during or after the effective Term of this Agreement, dispute or contest, directly or indirectly, the exclusive right and title to the Game of MADFINGER Games, a.s., or the validity thereof.
  9. Licensee is allowed to use any part of the Game SHADOWGUN: DeadZone, or any changes, variations and modification or any Derivatives of this Game, only for non-commercial purposes.
  10. Source codes, binary data and every other information You get under this Agreement must not be used against MADFINGER Games, a.s.

3. Principles of making the Changes

  1. It is the discretion of MADFINGER Games, a.s. how much of the source codes and other information will be disclosed to You. It is MADFINGER Games, a.s. discretion how far the source codes and other information will be disclosed to You.
  2. It is the discretion of MADFINGER Games, a.s. how much of the source codes and other information will be disclosed to You. It is MADFINGER Games, a.s. discretion how far the source codes and other information will be disclosed to You.
  3. The basic principles of making the changes are listed below: * aa. Changes must not threaten the integrity of the Game SHADOWGUN: DeadZone or must not make it impossible to play the SHADOWGUN: DeadZone or make playing Shadowgun DeadZone unpleasant for others.
  • ab. Changes that might influence the position, status, or profit of MADFINGER Games, a.s., Player or Consumer are prohibited.
  • ac. Changes and its products must not be illegal. It is forbidden to use or create changes that contain racist or homophobic content, bullying or trolling content, content that might damage MADFINGER Games, a.s. or another person's reputation, content that include porn, content that might violate copyrights, content that might trick people, content that might endanger or violate personal rights.
  • ad. Changes also must not break or threaten copyrights, registered trademarks, business secrets or any other intellectual property laws. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the SHADOWGUN: DeadZone without explicit consent given by MADFINGER Games, a.s.
  • ae. It is only at the discretion of MADFINGER Games, a.s. what changes, mutations, or variations of the SHADOWGUN: DeadZone will be distributed as MADFINGER Games, a.s. product.
  • af. Changes, variations, or mutations must not to be used for advertising of any goods or services without previous written agreement from MADFINGER Games, a.s.
  • ag. You are not entitled to any remuneration for they work on the Changes.
  • ah. It is at MADFINGER Games, a.s. sole discretion to deny any of Licensee's access to source code.
  1. MADFINGER Games, a.s. has no duty to provide any services, supports or upgrades to any Derivatives produced by Licensees under this Agreement.

4. Conduct Settings

  1. By the day You access the source codes or any other information on the Game SHADOWGUN: DeadZone You acknowledge and agree that You will not:
  • create a false identity for purposes of misleading others,
  • violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others' use of the Game
  • publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
  • transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the device.

5. Limitation of Liability

  1. MADFINGER Games, a.s. shall only be liable without restriction according to the statutory provisions for any damages of the Licensee caused by intentional or gross negligent conduct of MADFINGER Games, a.s. or its agents. The same applies to personal injury and damages according to the Czech Product Liability Act or comparable laws in other jurisdictions that may apply.
  2. Otherwise, the liability of MADFINGER Games, a.s. for damage claims – for whatever legal reason – is limited in accordance with the following conditions, unless otherwise provided by an explicit guarantee of MADFINGER Games, a.s. For damages caused by slight negligence, MADFINGER Games, a.s is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as MADFINGER Games, a.s. is responsible for simple negligence hereafter, the liability of MADFINGER Games, a.s. is limited to the typically foreseeable losses.
  3. The above liability restrictions shall also apply to agents of MADFINGER Games, a.s.
  4. You agree that provisions in this License that limit liability are essential terms of this License.
  5. MADFINGER Games, a.s. has the right to delete the Changes and also cancel the Licensee's access to source codes and other information in the case of breaking the rules set by this Agreement by the Licensee without compensation.

6. Indemnification:

Licensee agrees to indemnify, defend and hold harmless MADFINGER Games, a.s. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from

  • ( a ) your breach of any term of this Agreement;
  • ( b ) Your violation of any rights of any third party; or
  • ( c ) Your use or misuse of the Game.

Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this Agreement.

Governing Law/Place of Performance and Jurisdiction/Dispute Resolution:

  1. Czech law applies exclusively, with the exception of the conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
  2. For all present and future claims from this Agreement, the exclusive jurisdiction is Brno. The same jurisdiction applies if the Licensee has no general jurisdiction inside Czech Republic, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.

8. General

  1. The Licensee can only offset claims of MADFINGER Games, a.s. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against MADFINGER Games, a.s. is prohibited.
  2. All rights not explicitly granted in this Agreement are reserved.
  3. The failure or delay of MADFINGER Games, a.s. to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
  4. This agreement constitutes the complete and exclusive agreement between MADFINGER Games, a.s. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
  5. Terms and conditions of this Agreement are binding for You starting the day You as a Licensee access the source codes or any other information of the Game SHADOWGUN: DeadZone under the Terms of this Agreement.
  6. Notwithstanding any provisions in this Agreement to the contrary, we agree that if MADFINGER Games, a.s. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change. The day Your rejection is delivered to MADFINGER Games, a.s., this Agreement terminates and You are bound to stop any changes and works with source codes and other information on SHADOWGUN: DeadZone and its Derivatives.
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