Game4Automation License
Game4Automation is a registered Trademark of in2Sight GmbH.
If customers purchases our solutions on the Unity Asset Store, the Game4Automation Framework for Unity is licensed based on the Unity Asset Store License Terms.
If customers purchases directly from In2Sight the following END-USER Licens Agreement conditions apply.
END-USER License Agreement
Subject of this agreement
This END-USER License Agreement (“EULA”) is a non-exclusive, legally binding END-USER license agreement between an individual or a single entity (“END-USER”) that acquires a software license ("SOFTWARE") licensed by In2Sight GmbH ("LICENSOR").
END-USER is using this software as incorporated and embedded components of his electronic games, digital media, industrial simulation, and digital twin ("APPLICATION").
By installing, copying, accessing, downloading, or otherwise using the In2Sight SOFTWARE, END-USER agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context provides for a different understanding.
The subject matter of this EULA is the licensing to END-USER of any In2Sight SOFTWARE product. The SOFTWARE is licensed, not sold.
Game4Automation Education & Research Bundle
The Game4Automation Eductation and Reseach Bundle may only be used for training and teaching in non-commercial institutions. This includes state-approved schools, universities and other educational institutions as well as public funded research institutions. Education departments of commercial companies are excluded.
The software may only be used for research, education and training. Commercial projects for companies as end customers or end users of the application created with Game4Automation are not permitted. The distribution or publication of Game4Automation source code, even in part, is not permitted.
END-USER's Rights and Obligations
END-USER may use the licensed software only for their intended purpose.
LICENSOR grants to the END-USER a non-exclusive, worldwide, and perpetual license to the SOFTWARE to integrate it only as incorporated and embedded components of electronic games, digital media, industrial simulation, and digital twin solution and distribute such software as a compiled APPLICATION
Reproduction and display in distributed physical advertising materials are permitted solely for marketing purposes in respect of such APPLICATION. END-USERS may modify the SOFTWARE if the software source code is delivered. END-USER is not allowed to modify and reverse engineer any delivered compiled DLLs. END-USER may otherwise not reproduce, publicly display, publicly perform, transmit, distribute, sublicense, rent, lease or lend the SOFTWARE. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the SOFTWARE in any other way than as integrated components of the END-USER's APPLICATION.
Without limitation of the foregoing, it is emphasized that END-USER shall not be entitled to share the costs related to purchasing the SOFTWARE and then let any third party that has contributed to such purchase use such SOFTWARE (forum pooling).
END-USER is granted a single seat license to install and use the SOFTWARE for development purposes only on a maximum of 2 computers. For the avoidance of doubt, the SOFTWARE is licensed on a per-seat basis may not be shared or used concurrently on more than 2 different computers.
END-USER is free to distribute the APPLICATION which is incorporating the SOFTWARE as a compiled solution based on his License terms.
An END-USER may use the SOFTWARE and may have a third party, including any “work-for-hire” contractor or “freelancer” (“Contractor”), work on that SOFTWARE on its behalf. However, any Contractor working on a project for an END-USER must have license(s) of its own to the SOFTWARE. Conversely, to use the SOFTWARE, a person must have its own license to the SOFTWARE, regardless of whether a Contractor working on a project for that person had its own license to that SOFTWARE. For example, a person who is a Contractor must have a seat license for the SOFTWARE, and the persons who are hirer of the Contractor must have a seat license for that SOFTWARE too.
END-USER shall pay for the license to the SOFTWARE by the payment process provided by LICENSOR. END-USER shall provide customary billing and tax information such as name, billing address, credit card information, and VAT number (for EU residents). VAT numbers cannot be added or changed after the purchase is completed.
Some components of SOFTWARE (whether developed by LICENSOR or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open-source software licenses shall prevail concerning those components.
On acceptance of END-USER orders for licenses to SOFTWARE, the SOFTWARE will be made available for download. After installation of one copy of the SOFTWARE according to this EULA, END-USER may keep the original copy of the SOFTWARE solely for back-up or archival purposes. END-USER shall not reverse engineer, decompile, or disassemble Services SDKs, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law.
This EULA does not grant END-USER any rights in connection with any trademarks or service marks of LICENSOR or LICENSOR's other suppliers.
LICENSOR’s Rights and Obligations
LICENSOR shall render support services to END-USER only in the event a special agreement to this effect has been entered into.
Termination
Without prejudice to any other rights, LICENSOR may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms
END-USER may terminate END-USER’s license at any time.
In the event that SUPPLIER at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any SOFTWARE, then this EULA shall terminate for such SOFTWARE.
In the event of termination of this EULA, all license rights granted herein terminate and END-USER shall immediately destroy any and all copies of the SOFTWARE contained on any type of media under the control of END-USER and confirm such destruction in writing to LICENSOR.
Upgrades and Support
SOFTWARE identified as upgrades replace and/or supplement the licensed SOFTWARE.
LICENSOR may at its own discretion from time to time provide upgrades of the SOFTWARE to END-USER without requesting further payment.
Notwithstanding the foregoing, the END-USER shall only have the right to upgrades from SUPPLIER only if it has entered into an upgrade agreement.
END-USER is only entitled to support if END-USER has entered into a Support Agreement with LICENSOR.
Intellectual Property
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
All title and intellectual property rights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE are owned by LICENSOR. All rights not expressly granted are reserved by LICENSOR. For greater certainty and without limitation of the foregoing, the use of SOFTWARE, whether modified as permitted hereunder or unmodified, is limited to use as expressly provided in this EULA.
Disclaimer of warranties
END-USER expressly understands and agrees that its use of the software is at END-USER's sole risk and that the software provided “as is” and “as available” without warranty of any kind, to the maximum extent permitted by applicable law. In particular, LICENSOR, its subsidiaries, holding companies and affiliates, and its LICENSORs do not represent or warrant to END-USER that: (a) END-USER's use of the SOFTWARE will meet END-USER's requirements, (b) END-USER's use of the SOFTWARE will be uninterrupted, timely, secure or free from error, (c) any information obtained by END-USER as a result of END-USER's use of the SOFTWARE will be accurate or reliable, and (d) that defects in the operation or functionality of any software provided to END-USER as part of the SOFTWARE will be corrected.
END-USER's use of any software is at END-USER's own discretion and risk and END-USER is solely responsible for any damage to END-USER's computer system, or another device, or loss of data that results from such use.
To the maximum extent permitted by applicable law, LICENSOR further expressly disclaims all warranties terms or conditions of any kind, whether express or implied, including, but not limited to any implied warranties terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, with respect to any software.
Subject to this section, LICENSOR and its subsidiaries, holding companies and other affiliates total liability to END-USER from all causes of action and under all theories of liability under these terms, including without limitation any liability for direct or indirect damages, losses, or injuries and any liability will be limited to the amounts paid to LICENSOR by END-USER in the past six months for the license to the SOFTWARE relating to the dispute; in no event will LICENSOR or its subsidiaries, holding companies and other affiliates be liable to END-USER for any special, incidental, exemplary, punitive or consequential damages (including loss of data, business, profits or ability to execute) or for the cost of procuring substitute products arising out of or in connection with these Terms or your use of the SOFTWARE licensed, downloaded or otherwise obtained from the LICENSOR, whether such liability arises from any claim based upon contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, and whether or not LICENSOR has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
Nothing in this EULA excludes the liability for LICENSOR, its subsidiaries or affiliates for (a) death and personal injury caused by negligence; (b) fraudulent misrepresentation; or (c) any other liability which cannot be limited by applicable law.
LICENSOR will defend END-USER from claims arising out of or in connection with any claim that SOFTWARE infringes any third-party rights of copyright or trademark, provided that this will not apply to the extent any such claim is predicated on (a) any changes or modifications of the SOFTWARE by anyone other than the LICENSOR; (b) any changes or modifications of the SOFTWARE at the request of END-USER; (c) any combination or incorporation of the SOFTWARE with any other software, media, or thing; or (d) any breach or failure to meet the obligations of this EULA by END-USER.
To claim an obligation of defense END-USER must (a) inform the LICENSOR in writing of the existence of the claim within 10 days of it coming to END-USER’s attention; and (b) give the LICENSOR sole right to control the defense or settlement of the claim, provided that END-USER will have the right to approve of any proposed settlement in which there is any admission of any kind by END-USER, such approval not to be unreasonably withheld, conditioned, or delayed. END-USER will, at its expense, provide LICENSOR with reasonable co-operation in LICENSOR’s defense of the claim. Notwithstanding the foregoing, END-USER may, at its expense, participate in the defense of the claim with separate counsel of its own choosing.
Where a claim has been either defended by LICENSOR’s or may have been defended by LICENSOR’s and ends in a final judgment/order of a court of competent jurisdiction from which no appeal is possible or in a final, binding settlement, Licensor will pay the monetary award of damages against END-USER under that final judgment/order or the monies to be paid by END-USER according to the final, binding settlement; provided, however, that the obligation to pay shall (a) only be to the extent commensurate with the infringement which Licensor is obligated to defend against; and (b) be nonetheless limited by and subject to the limitation of liability provided in this EULA.
Court of jurisdiction and applicable laws
This EULA and END-USER's relationship with LICENSOR under this EULA shall be governed by the laws of Germany without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled in Germany by German jurisdiction. The sole competent court of jurisdiction shall be the local court at SUPPLIERS' business address.