*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using this reskin("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Blue Rail Studios your use of this reskin indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Blue Rail Studios grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this reskin in accordance with this Agreement and any other written agreement with Blue Rail Studios. Blue Rail Studios does not transfer the title of this reskin to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Blue Rail Studios and the purchasers or users of this reskin.
If you do not agree to be bound by this agreement, remove this reskin from your computer now and, if applicable, promptly return to Blue Rail Studios by mail any copies of this reskin and related documentation and packaging in your possession.
this reskin and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of this reskin contact Blue Rail Studios via the contact channels listed on the BlueRail website.
3. USER AGREEMENT
Your license to use this reskin is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of this reskin.
3.2 Use Restrictions
You shall use this reskin in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this reskin together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of this reskin may be used on one single computer location by one user. Use of this reskin means that you have loaded, installed, or run this reskin on a computer or similar device. If you install this reskin onto a multi-user platform, server or network, each and every individual user of this reskin must be licensed separately.
You may use this reskin to create freeware scenarios however this reskin must not be distributed with the scenarios it is being used in.
You may make one copy of this reskin for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of this reskin . The assignment, sublicense, networking, sale, or distribution of copies of this reskin are strictly forbidden without the prior written consent of Blue Rail Studios. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this reskin. If any person other than yourself uses this reskin registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this reskin. Nor can you create any derivative works or other works that are based upon or derived from this reskin in whole or in part.
Blue Rail Studios's name, logo and graphics file that represents this reskin shall not be used in any way to promote products developed with this reskin . Blue Rail Studios retains sole and exclusive ownership of all right, title and interest in and to this reskin and all Intellectual Property rights relating thereto.
All third party trademarks are owned by their respective owner and have been used in good faith.
Copyright law and international copyright treaty provisions protect all parts of this reskin, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Blue Rail Studios.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Blue Rail Studios , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Blue Rail Studios's Software.
In no event (including, without limitation, in the event of negligence) will Blue Rail Studios , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this reskin or the use or inability to use this reskin or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Blue Rail Studios's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Blue Rail Studios ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Blue Rail Studios.
Except as expressly stated in writing, Blue Rail Studios makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of this reskin and destroy all copies of this reskin supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY this reskin AS WELL.
5. CONSENT OF USE OF DATA
You agree that Blue Rail Studios may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to this reskin.Blue Rail Studios may also use this information to provide notices to you which may be of use or interest to you.
6. DOVETAIL GAMES
"IMPORTANT NOTICE. This is user generated content designed for use with Dovetail Games train simulation products, including Train Simulator 2017 & Train Sim World. Dovetail Games does not approve or endorse this user generated content and does not accept any liability or responsibility regarding it. This user generated content has not been screened or tested by Dovetail Games. Accordingly, it may adversely affect your use of Dovetail Games’s products. If you install this user generated content and it infringes the rules regarding user-generated content, Dovetail Games may choose to discontinue any support for that product which they may otherwise have provided. The RailWorks EULA sets out in detail how user generated content may be used, which you can review further here: www.dovetailgames.com/terms. In particular, this user generated content includes work which remains the intellectual property of Dovetail Games and which may not be rented, leased, sub-licensed, modified, adapted, copied, reproduced or redistributed.