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FREEWARELICENSEAGREEMENTFOR:?S3D-Silent3ditor24-01-2009??IMPORTANT-READCAREFULLY:ThisFreewareLicenseAgreement(AGREEMENT)isalegalagreementbetweenyo

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FREEWARE
LICENSE
AGREEMENT
FOR:?
"S3D
-
Silent
3ditor"
24-01-2009
?
?
IMPORTANT
-
READ
CAREFULLY:
This
Freeware
License
Agreement
("AGREEMENT")
is
a
legal
agreement
between
you
(each
licensee
is
addressed
as
"you")
and
skwas
("skwas")
for
the
software
product
identified
above,
which
includes
computer
software
and
may
include
associated
media,
printed
materials,
and
"online"
or
electronic
documentation
("SOFTWARE
PRODUCT").
The
SOFTWARE
PRODUCT
also
includes
any
updates
and
supplements
to
the
original
SOFTWARE
PRODUCT
provided
to
you
by
skwas.?
Any
software
provided
along
with
the
SOFTWARE
PRODUCT
that
is
associated
with
a
separate
license
agreement
is
licensed
to
you
under
the
terms
of
that
license
agreement.
By
installing,
copying,
downloading,
accessing,
or
otherwise
using
the
SOFTWARE
PRODUCT,
you
agree
to
be
bound
by
the
terms
of
this
AGREEMENT.
If
you
do
not
agree
to
the
terms
of
this
AGREEMENT,
do
not
install
or
use
the
SOFTWARE
PRODUCT.
?
SOFTWARE
PRODUCT
LICENSE
skwas
hereby
grants
you
a
non-exclusive,
transferable
license
to
use
its
SOFTWARE
PRODUCT
on
the
following
terms
and
only
for
non-commercial
purposes.
?
GRANT
OF
LICENSE
This
AGREEMENT
grants
you
the
following
rights:
?
*
You
may
install,
use,
access,
display,
run,
or
otherwise
interact
with
("RUN")
an
unlimited
number
of
copies
of
the
SOFTWARE
PRODUCT
on
any
computer
in
your
possession.
?
*
You
may
copy
the
software.
?
*
You
may
distribute
an
unlimited
number
of
copies
of
the
SOFTWARE
PRODUCT
only
in
the
form
originally
produced
by
skwas
(the
archive
containing
installer,
this
license
and
other
files),
with
no
modifications
whatsoever.
If
you
have
any
doubt
that
your
copy
of
the
SOFTWARE
PRODUCT
is
not
original,
you
must
contact
skwas
for
an
original
copy.
?
LIMITATIONS
OF
LICENSE
The
license
granted
in
GRANT
OF
LICENSE
is
subject
to
the
following
restrictions:
?
a)
The
SOFTWARE
PRODUCT
is
to
be
used
only
for
non-commercial
purposes
unless
you
obtain
skwas"?
prior
written
consent.
Prohibited
commercial
purposes
include,
but
are
not
limited
to:
?
????
(i)
Selling,
licensing
or
renting
the
SOFTWARE
PRODUCT
to
third

????
parties
for
a
fee
(by
payment
of
money
or
otherwise,
whether
direct
or
????
indirect);
?
????
(ii)
Using
the
SOFTWARE
PRODUCT
to
provide
services
or
products

????
to
others
for
which
you
are
compensated
in
any
manner
(by
payment

????
of
money
or
otherwise,
whether
direct
or
indirect),
including,
without
????
limitation,
providing
support
or
maintenance
for
the
SOFTWARE
PRODUCT;
?
????
(iii)
Using
the
SOFTWARE
PRODUCT
to
develop
a
similar
application
????
on
any
platform
for
commercial
distribution;
?
????
(iv)
Using
the
SOFTWARE
PRODUCT
in
any
manner
that
is
generally

????
competitive
with
a
skwas
product
as
defined
by
skwas.
?
????
(vi)
All
rights
not
expressly
granted
are
reserved
by
skwas.
?
b)
However,
media
costs
associated
with
the
distribution
of
the
SOFTWARE
PRODUCT
may
be
recovered.
You
shall
use
your
best
efforts
to
promptly
notify
skwas
upon
learning
of
any
violation
of
the
above
commercial
restrictions.
?
c)
On
each
copy
of
the
SOFTWARE
PRODUCT
you
must
conspicuously
and
appropriately
reproduce
skwas
copyright
notices
(see
SOFTWARE
PRODUCT
for
examples
of
such
notices)
and
disclaimer
of
warranty;
keep
intact
this
AGREEMENT
and
all
notices
that
refer
to
this
AGREEMENT
or
any
absence
of
warranty
(whether
written
or
interactively
displayed);
and
give
any
other
recipients
of
the
SOFTWARE
PRODUCT
a
copy
of
this
AGREEMENT.
?
d)
You
may
not
modify,
combine
other
commercial
applications
with,
or
otherwise
prepare
derivative
works
of
the
SOFTWARE
PRODUCT.
?
e)
In
order
to
preserve
the
value
of
the
skwas
name
and/or
any
trademarks,
service
marks,
trade
dress
adopted
and/or
used
by
skwas
from
time
to
time,
you
shall
not
make
use
of
any
of
them
for
any
reason
(e.g.,
with
respect
to
an
Additional
File,
in
advertising,
marketing
your
own
products,
press
releases,
or
other
publicity)
except
solely
as
may
be
expressly
authorized
by
this
AGREEMENT
or
by
the
prior
written
consent
of
skwas.
?
f)
skwas,
in
its
sole
and
absolute
discretion,?
may
have
included
a
portion
of
the
source
code
or
online
documentation
of
the
SOFTWARE
PRODUCT.
Except
for
any
such
portions,
you
shall
not
REVERSE
ENGINEER,
DECOMPILE,
DISASSEMBLE,
OR
OTHERWISE
REDUCE
ANY
PORTION
OF
THE
SOFTWARE
TO
ANY
HUMAN
PERCEIVABLE
FORM,
except
to
the
extent
this
restriction
is
prohibited
by
applicable
law.
?
USAGE
By
using
SOFTWARE
PRODUCT
you
accept
that:
?
*
The
SOFTWARE
PRODUCT
signs
all
files
with
a
signature.
This
signature
is
to
be
left
in
place
in
all
published
work
("MOD")
to
identify
which
application
(and
version)
was
used
to
make
the
changes.
?
*
Any
MOD
published
and
produced
with
SOFTWARE
PRODUCT
must
include
a
credit
notice
to
skwas
and
the
SOFTWARE
PRODUCT.
?
*?
The
SOFTWARE
PRODUCT
is
provided
to
you
free
of
charge
to
stimulate
open
source
practice.
You
agree
to
contribute,
share,
discuss
and
collaborate
in
that
same
spirit,
to
the
further
development
of
the
game,
the
mod
community
and
the
SOFTWARE
PRODUCT.
If
you
have
no
such
intentions,
do
not
install
or
use
the
SOFTWARE
PRODUCT.
?
DISTRIBUTION
As
used
in
this
AGREEMENT,
the
term
"distribute"
(and
its
variants)
includes
making
the
SOFTWARE
PRODUCT
available
(either
intentionally
or
unintentionally)
to
third
parties
for
copying
or
use,
including
providing
timeshare
access.
Each
time
you
distribute
the
SOFTWARE
PRODUCT,
the
recipient
must
expressly
agree
to
comply
with
these
terms
and
conditions.?
The
recipient
automatically
receives
this
license
to
use,
copy,
or
distribute
the
SOFTWARE
PRODUCT
subject
to
these
terms
and
conditions.
You
may
not
impose
any
further
restrictions
on
the
recipients"
exercise
of
the
rights
granted
herein.
You
are
not
responsible
for
enforcing
compliance
with
this
AGREEMENT
by
recipients.
?
COPYRIGHT
Title,
ownership
rights,
and
intellectual
property
rights
in
and
to
the
SOFTWARE
PRODUCT,
and
each
copy
thereof
(including
all
copyrights
therein),
are
owned
by
skwas
or
its
suppliers.
All
title
and
intellectual
property
rights
in
and
to
the
content
that
may
be
accessed
through
use
of
the
SOFTWARE
PRODUCT
are
the
property
of
the
respective
content
owner
and
may
be
protected
by
applicable
copyright
or
other
intellectual
property
laws
and
treaties.
This
AGREEMENT
grants
you
no
rights
to
use
such
content.
The
SOFTWARE
PRODUCT
is
protected
by
the
copyright
laws
of
the
Netherlands
and
international
copyright
treaties.
?
NO
SKWAS
OBLIGATION
You
are
solely
responsible
for
all
of
your
costs
and
expenses
incurred
in
connection
with
the
distribution
of
the
SOFTWARE
PRODUCT,
and
skwas
shall
have
no
liability,
obligation
or
responsibility
therefor.
skwas
shall
have
no
obligation
to
provide
maintenance,
support,
upgrades
or
new
releases
to
you
or
to
any
distributee
of
the
SOFTWARE
PRODUCT.
?
NO
WARRANTY
THE
SOFTWARE
IS
LICENSED
FREE
OF
CHARGE,
AND
THERE
IS
NO
WARRANTY
FOR
THE
SOFTWARE.
SKWAS
PROVIDES
THE
SOFTWARE
"AS
IS,"
AND
SKWAS,
ITS
DISTRIBUTORS
AND
SUPPLIERS,
AND
ALL
OTHER
PERSONS
WHO
HAVE
BEEN
INVOLVED
IN
THE
CREATION,
PRODUCTION,
OR
DELIVERY
OF
THE
SOFTWARE,
DISCLAIM
ALL
CONDITIONS
AND
WARRANTIES
OF
ANY
KIND,
EITHER
EXPRESS,
IMPLIED,
STATUTORY,
OR
OTHERWISE,
INCLUDING,
BUT
NOT
LIMITED
TO,
ANY
CONDITIONS
OR
IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
SATISFACTORY
QUALITY,
AND
FITNESS
FOR
A
PARTICULAR
PURPOSE.
THE
ENTIRE
RISK
AS
TO
THE
RESULTS,
QUALITY
AND
PERFORMANCE
OF
THE
SOFTWARE
IS
WITH
YOU
AND
YOUR
DISTRIBUTEES.
SHOULD
THE
SOFTWARE
PROVE
DEFECTIVE,
YOU
AND
YOUR
DISTRIBUTEES
(AND
NOT
SKWAS)
ASSUME
THE
COST
OF
ALL
NECESSARY
SERVICING,
REPAIR
OR
CORRECTION.
SKWAS
MAKES
NO
WARRANTY
OF
NONINFRINGEMENT
OF
THE
INTELLECTUAL
PROPERTY
RIGHTS
OF
THIRD
PARTIES.
?
LIMITATION
OF
LIABILITY
UNDER
NO
CIRCUMSTANCES
AND
UNDER
NO
LEGAL
THEORY,
TORT,
CONTRACT,
OR
OTHERWISE,
SHALL
SKWAS,
ITS
DISTRIBUTORS
AND
SUPPLIERS,
OR
ANY
OTHER
PERSON
WHO
HAS
BEEN
INVOLVED
IN
THE
CREATION,
PRODUCTION,
OR
DELIVERY
OF
THE
SOFTWARE
BE
LIABLE
TO
YOU
OR
ANY
OTHER
PERSON
FOR
ANY
GENERAL,
DIRECT,
INDIRECT,
SPECIAL,
INCIDENTAL,
CONSEQUENTIAL,
OR
OTHER
DAMAGES
OF
ANY
CHARACTER
ARISING
OUT
OF
THIS
AGREEMENT
OR
THE
USE
OF
OR
INABILITY
TO
USE
THE
SOFTWARE,
INCLUDING
BUT
NOT
LIMITED
TO
PERSONAL
INJURY,
LOSS
OF
PROFITS,
LOSS
OF
DATA,
OUTPUT
FROM
THE
SOFTWARE
OR
DATA
BEING
RENDERED
INACCURATE,
FAILURE
OF
THE
SOFTWARE
TO
OPERATE
WITH
ANY
OTHER
PROGRAMS,
DAMAGES
FOR
LOSS
OF
GOODWILL,
BUSINESS
INTERRUPTION,
COMPUTER
FAILURE
OR
MALFUNCTION,
OR
ANY
AND
ALL
OTHER
DAMAGES
OR
LOSSES
OF
WHATEVER
NATURE,
EVEN
IF
SKWAS
HAS
BEEN
INFORMED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
?
INDEMNIFICATION
You
and
your
distributees
shall
defend,
indemnify
and
hold
harmless
skwas,
its
distributors
and
suppliers,
and
all
other
persons
who
have
been
involved
in
the
creation,
production,
or
delivery
of
the
SOFTWARE
PRODUCT,
from
any
claim,
demand,
liability,
damage
award,
suit,
judgment,
or
other
legal
action
(including
reasonable
attorney"s
fees)
arising
out
of
your
use,
distribution,
modification,
or
duplication
of
the
SOFTWARE
PRODUCT.
?
TERMINATION
The
license
granted
hereunder
is
effective
until
terminated
by
skwas.
You
may
terminate
it
at
any
time
by
destroying
the
SOFTWARE
PRODUCT.
This
license
will
terminate
automatically
if
you
fail
to
comply
with
the
limitations
described
above.
On
termination,
you
must
destroy
all
copies
of
the
SOFTWARE
PRODUCT.
The
termination
of
your
license
will
not
result
in
the
termination
of
the
licenses
of
any
distributees
who
have
received
rights
to
the
SOFTWARE
PRODUCT
through
you
so
long
as
they
are
in
compliance
with
the
provisions
of
this
AGREEMENT.
?
EXPORT
CONTROLS
None
of
the
SOFTWARE
PRODUCT
or
underlying
information
or
technology
may
be
downloaded
or
otherwise
exported
or
re-exported
into
(or
to
a
national
or
resident
of)
any
country
in
violation
of
the
laws
and
administrative
regulations
of
the
Netherlands
relating
to
the
control
of
exports
of
commodities
and
technical
data.
By
downloading
or
using
the
SOFTWARE
PRODUCT,
you
are
agreeing
to
the
foregoing
and
you
are
representing
and
warranting
that
you
are
not
located
in,
under
the
control
of,
or
a
national
or
resident
of
any
such
country.
?
MISCELLANEOUS
This
AGREEMENT
represents
the
complete
agreement
concerning
this
license
between
the
parties
and
supersedes
all
prior
agreements
and
representations
between
them.
It
may
not
be
amended.
If
any
provision
of
this
AGREEMENT
is
held
to
be
unenforceable
for
any
reason,
this
AGREEMENT
shall
terminate.
This
AGREEMENT
shall
be
governed
by
and
construed
under
the
laws
of
the
Netherlands.

?
Copyright
and
Trademark
Notices
The
SOFTWARE
PRODUCT
is
copyright
?
skwas
2007-2009.
All
rights
reserved.
The
documentation
and
all
computer
files
are
also
copyright
?
skwas
2007-2009.
All
rights
reserved.
These
rights
include
but
are
not
limited
to
any
foreign
language
translations
of
the
manual
or
the
software,
and
all
derivative
works
of
both.
The
trademark
S3D
-
Silent
3ditor
is
the
property
of
skwas.
All
other
trademarks
are
the
property
of
their
respective
owners.
?

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