Storm Eagle Studios
END USER LICENSE AGREEMENT
March 31, 2011


1. STORMPOWERED REGISTRATION AND USE
StormPowered,  Is a program and service offered by Storm Eagle Studios.
You become a subscriber of StormPowered when you install the client software and complete the registration process. As a subscriber, you may have access to specific services, software, and other content. This contract is in full effect after accepting this agreement and installing the StormPowered client software.
After completing the registration process, you will have created a StormPowered account. This account may include billing information  provided to us for the purchase of products and services on StormPowered You are solely responsible for any and all activity on your StormPowered account and the security of your machine. You may not, under any circumstances, reveal your account name, password, or other account info to anybody. You may not allow others to use your account  and doing so is a breach of this contract and will result in suspension or revocation of any and all access to StormPowered through said account. The account and the licenses associated with the account are under no circumstances available for resale. You may not sell, charge for use, or transfer your account to any other person.
2. LICENSES
A. License terms

This agreement covers all Software Use Licenses purchased from Storm Eagle Studios, including, but not limited to, all titles listed herein, and covers all software updates to these products delivered by designated Storm Eagle Studios delivery methods. This agreement supersedes any previous Storm Eagle Studios End User License Agreement.

“StormPowered” ,“Jutland”, and “Distant Guns”, hereafter known as “the Product”, are copyright Albireo Studios L.L.C., 2001-2011, used under license by Storm Eagle Studios, All Rights Reserved.

Distant Guns, Storm Eagle and Storm Eagle Studios are a trademarks of Albireo Studios L.L.C.  StormPowered and Jutland are pending trademarks of Albireo Studios, L.L.C.

Using the product indicates your acknowledgment that you have read this end user license agreement and agree to its terms and further agree that it supersedes any previous End User License Agreements that I may have agreed to while evaluating this Product(s), and agreement supersedes any previous Storm Eagle Studios End User License Agreement agreed to at time of purchase or previous update of the Product.
Storm Eagle Studios does not guarantee compatibility with your personal computer. It is your responsibility to assure your Personal Computers' compatibility with the Product. Because of the nature of Digital Distribution, there are NO RETURNS what so ever after the purchase of the Product.
Storm Eagle Studios and/or its licensors are the sole owners of any and all intellectual property rights, ownership rights, copyright, trademarks, and content related to the Product and any copies made both legally and illegally in accordance or violation respectively of this agreement. The Product is under the maximum applicable protection of United States copyright laws, and all applicable International copyright laws and treaties.

The Product is intended solely for your personal non-commercial home entertainment use. Albireo Studios L.L.C. and its licensors or assigns retain all right, title and interest in the Product, including all intellectual property rights embodied therein and derivatives thereof. The Product, including, without limitation, all code, data structures, characters, images, sounds, text, screens, game play, derivative works and all other elements of the Product may not be copied, resold, rented, leased, distributed (electronically or otherwise), used on a pay-per-play, coin-op or other for-charge basis, or for any commercial purpose. Any permission granted herein is provided on a temporary basis and can be withdrawn by Albireo Studios L.L.C. at any time. All rights not expressly granted are reserved.

Any and all scenarios created by Storm Eagle Studios software products, including, but not limited to, Random Battle Generators and Scenario Editors, are the sole property of Storm Eagle Studios. Scenarios and any add-ons created in this manner can be freely distributed by the end user, providing that no monetary gain be received for said distribution. Storm Eagle Studios or its assigns, reserves all rights to distribute any and all scenarios and add-ons created in this manner for Storm Eagle Studios games, unless otherwise specified.

The product is trial ware. You may evaluate it for an unlimited period of time or until Storm Eagle Studios declares the evaluation period terminated, whichever occurs first. Notification shall occur by any method selected by Storm Eagle Studios. During the evaluation period of the Product, you will have limited access to the use of the contents of the product as designated by Storm Eagle Studios or its assigns.

All remaining contents and features of the Product shall only be accessible by purchasing a Use License via the designated method determined by Storm Eagle Studios. Each License purchased will have a specified access level to the contents and features of the Product.

You may share the unregistered product with other people only if the product is distributed in its original setup package.
You may use only one copy of the registered product on one single computer, provided that the product is in use on only one computer at any time. Because the product is trial ware and that means it is freely available, you may create unlimited number of copies for Archive or backup. You may not reverse engineer, de-compile or disassemble the product and modify the computer program or merge all or any part of it in another program.
The License for this Product is allowed for offline capability for a number of computers determined by the publisher associated with the product. This license can only be authorized or transferred in conjunction with the officially designated Storm Eagle Studios Game Severs.

In the event of a transfer to another computer by the End User, Storm Eagle Studios is not responsible for any compatibility issues for functionality problems arising for using the Product on the new transfer installation. If such an event occurs, Storm Eagle Studios reserves the sole right re-activate the Use License in question.

The end user agrees that they are aware that major hardware changes to their computer system after the purchase and activation of the Use License for the Product, such as listed in the game documentation and FAQ, made before using the designated License Transfer method involving Storm Eagle Studios game servers, may result in deactivation of the License agreement. In this event, Storm Eagle Studios, or its assigns, reserves the sole right and discretion to re-activate the Game License. A software update may be required in this event.

At anytime during usage of the Product, Storm Eagle Studios, or its assigns, may require the application of software updates to the Product for its continued usage by the End User for continued use. In this event, the End User agrees that failure to install these updates, as designated by Storm Eagle Studios or its’ assigns, will result in termination of their Use License.
Liability: The product is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to, warranties of merchantable quality, merchantability, fitness for a particular purpose, those arising by law, statute, or usage of trade or course of trading.

The entire risk as to the results and performance of the product is assumed by you. Albireo Studios L.L.C, its subsidiaries, and partners shall not have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue of profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. Our maximum aggregate liability to you shall not exceed the amount paid by you for the registration of the product.

Unless specifically specified, these updates do not include scenario add-ons, game expansions, campaign games, or anything of this nature.
Storm Eagle Studios reserves the right to add any updates or additions to its products without notification to end users.

Tech support must be obtained by the end user using the Storm Eagle Studios Tech Support Ticket System available on its website.
Using the product indicates your acknowledgment that you have read this end user license agreement and agree to its terms.

3. BILLING AND PAYMENT FOR SERVICES RENDERED

StormPowered offers a variety of software available for download. This software can include free demos of games, or games available through purchase only.

A. Payment through use of Credit Cards

When you provide credit card information, you represent to Storm Eagle Studios that you are the sole authorized user of that credit card and that you authorize Storm Eagle Studios and/or any of its assigns to charge you for any License and/or service fee incurred by you through the use of StormPowered. You also agree to notify Storm Eagle Studios of any changes to your credit card information including but not limited to; account number, expiration date, billing address, or cancellation for any reason.

B. Charges to your Credit Card

ALL STORMPOWERED FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Storm Eagle Studios reserves all rights to change fees or billing methods at any time and will provide notification at least thirty (30) days in advance. Your non-cancellation after the thirty (30) day period will serve as your acceptance of the newly updated fees and/or billing methods and will be subsequently responsible for the newly incurred fees and changes to applicable billing information.

C. Retail Purchase

Storm Eagle Studios may offer or require creation of a StormPowered account in conjunction with the purchase of retail packaged products. The “License Key” or “CD-Key” or “Product Key” included with said products will be required for activation of your product.

D. Third Party Sites

Storm Eagle Studios may provide links to third party websites. These websites may require a separate account creation, and could require a separate fee, which are not included in the purchase of any product on StormPowered Third party websites refer to any non-Storm Eagle Studios and or non- StormPowered website.

E. Prices of Available products and/or services

Storm Eagle Studios reserves the right to change prices of the products and/or services rendered through StormPowered, including, but not limited to, access to StormPowered, prices of games, software, or other downloadable material available through StormPowered, and all subscription fees in conjunction with StormPowered, Storm Eagle Studios, its licensors, and its affiliates.

4. ASSUMPTION OF RISKS, LIMITATIONS OF LIABILITY, NO GUARANTEES

A. LIMITATION OF LIABILITY

STORM EAGLE STUDIOS, ITS LICENSORS, NOR ANY AFFILIATES ASSOCIATED WITH EITHER SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM THE USE OR INABILITY TO CORRECTLY USE STORMPOWERED, YOUR STORMPOWERED ACCOUNT, YOUR INDIVIDUALY PURCHASED GAMES AND OTHER SOFTWARE INCLUDING, BUT NOT LIMITED TO LOSS OF WORK, LOSS OF DATA, COMPUTER MALFUNCTION OR FAILURE, OR ANY AND ALL OTHER DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES SHALL STORM EAGLE STUDIOS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES AS A RESULT OF OR IN CONNECTION WITH STORMPOWERED, SOFTWARE ACQUIRED THROUGH STORMPOWERED, OR ANY SERVICES RENDERED BY STORM EAGLE STUDIOS, STORMPOWERED, ITS LICENSORS, AND AFFILIATES. THESE LIMITATIONS APPLY REGARDLESS OF SUCCESSFUL REMEDY.

B. NO GUARANTEES

STORM EAGLE STUDIOS DOES NOT GUARANTEE  BUG-FREE, VIRUS-FREE OR SECURE OPERATION, CONSTANT OR CONTINUOUS OPERATION, AND ACCESS TO STORMPOWERED, THE SOFTWARE, YOUR ACCOUNT, AND/OR ANY AND ALL LICENSES.

5. EXCLUSIVE REMEDIES

YOU UNDERSTAND AND AGREE THAT YOUR ONE AND ONLY REMEDY FOR ANY ISSUE WITH STORM EAGLE STUDIOS, ITS LICENSORS, AND AFFILIATES, WITH REGARD TO STORMPOWERED OR THE SOFTWARE ACQUIRED THROUGH STORMPOWERED IS THE COMPLETE AND TOTAL DISCONTINUATION OF USE OF STORMPOWERED AND/OR THE SOFTWARE ACQUIRED IN CONJUNCTION WITH STORMPOWERED AND CANCELLATION OF YOUR ACCOUNT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE STATES OR JURSDICTIONS, THE LIABILITY OF STORM EAGLE STUDIOS, ITS LICENSORS, AND AFFILIATES SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

6. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Storm Eagle studios, its licensors and their affiliates from all liabilities, claims and expense, including attorneys’ fees, that arise from or as a result of any breech of this contract, use of StormPowered and the software acquired in conjunction with StormPowered, or any User Created Content, including, but not limited to, the creation and distribution, promotion and use of any Mods by you and/or any user of your account. This section will exist after termination of this contract.

7. MODIFICATION OF THIS AGREEMENT.

STORM EAGLE STUDIOS RESERVES THE RIGHT TO CHANGE THIS USER AGREEMENT WHENEVER DEEMED NECESSARY BY STORM EAGLE STUDIOS, ITS LICENSORS, AND ITS AFFILIATES. WHENEVER THIS AGREEMENT IS CHANGED IN ANY WAY, YOU WILL BE REQUIRED TO RE-EVALUATE AND RE-ACCEPT THE NEWLY UPDATED AGREEMENT. ACCESS TO THE FOLLOWING WILL BE SUSPENDED UNTIL ACCEPTANCE OF THE NEW AGREEMENT, INCLUDING, BUT NOT LIMITED TO, STORMPOWERED AND ANY SOFTWARE ACQUIRED IN CONJUNCTION WITH STORMPOWERED

 

 

 

Microsoft
DIRECTX END USER LICENSE AGREEMENT
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, de-compile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.