
Ed's Trains On-Line Licence Agreement
This license applies to all evaluation and standard-licensed versions of the Ed's Trains On-Line software and all its variants.
You should carefully read the following terms and conditions before using
this software. Unless you have a different license agreement signed by Ed's
Trains On-Line ("Ed's Trains On-Line") your use, distribution, or installation
of this copy of the Ed's Trains On-line software ("software") indicates your
acceptance of this License.
If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of the software.
Ed's Trains On-Line retains all ownership rights to this software. Ed's
Trains On-Line grants the user ("you") a non-exclusive license to use this
software for personal use on a single computer. It may not be installed on a
single workstation used nonsimultaneously by multiple people. This is not a
concurrent use license. This software may not be copied or distributed, in whole
or in part, to any format, including digital media, without the express written
permission of Ed's Trains On-Line.
Redistributable Code-Limited Use. If you are authorized and choose to redistribute repaints of Ed's Trains On-Line rolling stock, you must agree to comply with the following additional requirements:
(a) your Licensed Product repaints shall not substantially duplicate the existing Ed's Trains On-Line Packages or, in the reasonable opinion of Ed's Trains On-Line, compete with same.
(b) distribution of retail models in any form is strictly prohibited.
(c) that you abide by the rules set forth regarding the distribution of Ed's Trains On-Line products.
THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN PARTICULAR, THERE IS NO WARRANTY GIVEN AGAINST THIS FILE CONTAINING A VIRUS. GOOD DATA PROCEDURE DICTATES ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
ANY LIABILITY OF ED'S TRAINS ON-LINE WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL ED'S TRAINS ON-LINE, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THIS SOFTWARE, OR YOUR RELATIONSHIP WITH ED'S TRAINS ON-LINE.
IN ADDITION, IN NO EVENT DOES ED'S TRAINS ON-LINE AUTHORIZE YOU TO USE THIS SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THIS SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD ED'S TRAINS ON-LINE HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Canada. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and for and located in Canada, Province of Ontario, City of Chatham, and you consent to such jurisdiction and venue.
All rights of any kind in this software which are not expressly granted in this License are entirely and exclusively reserved to and by Ed's Trains On-Line. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this software. You may not make access to this software available to others in connection with a service bureau, application service provider, or similar business, or use this software in a business to provide add-on content. There are no third party beneficiaries of any promises, obligations or representations made by Ed's Trains On-Line herein.
YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM ED'S TRAINS ON-LINE. ED'S TRAINS ON-LINE RESERVES THE RIGHT TO REVOKE THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR ANY OR NO REASON.
I would like to
Thank Canadian Pacific Railway©, Canadian National
Railway© and Union Pacific Railroad© for use
of their license to produce Microsoft Train
Simulator© materials for you to purchase and enjoy.
LICENSE
GRANT
"Canadian Pacific Railway© grants a
license to produce Canadian Pacific© branded content
for the Microsoft Train Simulator© franchise to the
collective group of individuals known as "Ed's Trains
On-Line".
LICENSE GRANT
"Canadian
National Railway© grants a license to produce Canadian National© branded content for the Microsoft Train Simulator© franchise to the collective
group of individuals known as "Ed's Trains On-Line".
LICENSE GRANT
"Union Pacific Railroad©
grants a license to produce Union Pacific Railroad©
branded content for the Microsoft Train Simulator©
franchise to the collective group of individuals known as "Ed's Trains On-Line
Copyright© 2007 Ed's Trains On-Line. All rights reserved.
edstrains@edstrainsonline.com