|Top Previous Next|
The official legalese version of the DPSF End User License Agreement (EULA) can be found further down, but directly below is a brief description of the EULA in simple English. In the event of any discrepancies between the simple and official EULA, the official EULA will take precedence.
Simple EULA Description
DPSF is free to use in your applications, whether they are free or commercial for profit. All released games/products must mention DPSF somewhere in the product. This may be through the provided DPSF splash screen particle system (players may skip the splash screen by pressing a button), displaying the DPSF logo (image), or simply mentioning DPSF in text. Both the DPSF logo and splash screen particle system can be found in the DPSF Logos directory (typically C:\DPSF\Logos). If you are only mentioning DPSF in your product's credits, then the credits should be accessible from the main menu.
You may redistribute DPSF to others for them to use in their projects, as long as you do so by redistributing the DPSF installer itself. This ensures that the end-users receive all DPSF related files (e.g. dll files, help documentation, tutorials and demos, etc.) and that they agree to the DPSF EULA included in the installer before using DPSF.
END-USER LICENSE AGREEMENT FOR DPSF (Dynamic Particle System Framework) IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: THIS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Daniel Schroeder, for the DPSF related software product(s) which may include associated software components, media, printed materials, and "online" or electronic documentation; these materials will hereby be referred to as the SOFTWARE PRODUCT. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Daniel Schroeder, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Daniel Schroeder grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices or EULA on any and all copies of the SOFTWARE PRODUCT.
You may distribute the SOFTWARE PRODUCT to others for them to use in their products, as long as you do so by distributing the unmodified SOFTWARE PRODUCT installer. This ensures that the end-users receive all SOFTWARE PRODUCT files (e.g. dll files, help documentation, tutorials and demos, etc.) and that they agree to the SOFTWARE PRODUCT EULA included in the installer before using the SOFTWARE PRODUCT.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Daniel Schroeder may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Conditions of Use.
All products released that use SOFTWARE PRODUCT must mention the SOFTWARE PRODUCT somewhere in the product. This may be done by displaying the unmodified provided splash screen (which players may skip by providing input), the unmodified SOFTWARE PRODUCT logo, or by simply mentioning the SOFTWARE PRODUCT name in text. Both the logo and splash screen particle system can be found in the SOFTWARE PRODUCT Logos directory (typically C:\DPSF\Logos). If you are only mentioning SOFTWARE PRODUCT in your product's credits, then the credits should be accessible from the main menu.
Without prejudice to any other rights, Daniel Schroeder may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Daniel Schroeder or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Daniel Schroeder.
5. NO WARRANTIES
Daniel Schroeder expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Daniel Schroeder does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Daniel Schroeder makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Daniel Schroeder further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Daniel Schroeder be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Daniel Schroeder has been advised of the possibility of such damages. In no event will Daniel Schroeder be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Daniel Schroeder shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.