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- ## 1. Preamble
- This Agreement, created on:
- 13th February 2019
- (hereinafter: Effective Date)
- governs the relationship between
- [TheGamer73](https://www.gmodstore.com/users/view/76561198231534288)
- (hereinafter: Licensee)
- and
- [Busan's main team](https://www.gmodstore.com/teams/view/372)
- (hereinafter: Licensor).
- This Agreement sets the terms, rights, restrictions and obligations on using
- [[WCD] William's Car Dealer [8.2.6]](https://www.gmodstore.com/market/view/1021)
- (hereinafter: The Software)
- created and owned by Licensor, as detailed herein.
- ## 2. License Grant
- Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable,
- Commercial, Royalty free, Including the rights to create but not distribute
- derivative works, Non-exclusive license, all with accordance with the terms
- set forth and other legal restrictions set forth in 3rd party software used
- while running The Software.
- ### 2.1 Limited
- Licensee may use The Software for the purpose of:
- 2.1.1 Running The Software on Licensee’s Website[s] and Server[s];
- 2.1.2 Publishing The Software’s output to Licensee and 3rd Parties;
- 2.1.3 Modify The Software to suit Licensee’s needs and specifications.
- ### 2.2 Non Assignable & Non-Transferable
- Licensee may not assign or transfer his rights and duties under this
- license.
- ### 2.3 Commercial, Royalty Free
- Licensee may use The Software for any purpose, including paid-services,
- without any royalties.
- ### 2.4 Including the Right to Create Derivative Works
- Licensee may create derivative works based on The Software, including
- amending The Software’s source code, modifying it, integrating it into a
- larger work or removing portions of Software, as long as no distribution of
- the derivative works is made.
- ## 3. Term & Termination
- The Term of this license shall be until terminated. Licensor may terminate
- this Agreement, including Licensee’s license in the case where Licensee:
- 3.1 was in breach of any of this license's terms and conditions and such
- breach was not cured, immediately upon notification; or
- 3.2 in breach of any of the terms of clause 2 to this license; or
- 3.3 otherwise entered into any arrangement which caused Licensor to be unable
- to enforce his rights under this License.
- ## 4. Payment
- In consideration of the License granted under clause 2, Licensee shall pay
- Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may
- deem adequate. Failure to perform payment shall construe as material breach
- of this Agreement.
- ## 5. Upgrades, Updates and Fixes
- Licensor may provide Licensee, from time to time, with Upgrades, Updates or
- Fixes, as detailed herein and according to his sole discretion. Licensee
- hereby warrants to keep The Software up-to-date and install all relevant
- updates and fixes, and may, at his sole discretion, purchase upgrades,
- according to the rates set by Licensor. Licensor may provide any update or
- Fix free of charge; however, nothing in this Agreement shall require Licensor
- to provide Updates or Fixes.
- ### 5.1 Upgrades
- For the purpose of this license, an Upgrade shall be a material amendment
- in The Software, which contains new features and or major performance
- improvements.
- ### 5.2 Updates
- For the purpose of this license, an update shall be a minor amendment in
- The Software, which may contain new features or minor improvements.
- ### 5.3 Fixes
- For the purpose of this license, a fix shall be a minor amendment in The
- Software, intended to remove bugs or alter minor features which impair the
- The Software's functionality.
- ## 6. Support
- The Software is provided under an AS-IS basis and without any support, updates
- or maintenance. Nothing in this Agreement shall require Licensor to provide
- Licensee with support or fixes to any bug, failure, mis-performance or other
- defect in The Software, except in the case where Licensor explicitly states
- that he shall provide support or fixes to any bug, failure, mis-performance or
- other defect in The Software.
- ### 6.1 Bug Notification
- Licensee may provide Licensor of details regarding any bug, defect or
- failure in The Software promptly and with no delay from such event; Licensee
- shall comply with Licensor's request for information regarding bugs, defects
- or failures and furnish him with information, screenshots and try to
- reproduce such bugs, defects or failures.
- ### 6.2 Feature Request
- Licensee may request additional features in The Software, provided, however,
- that (i) Licensee shall waive any claim or right in such feature should
- feature be developed by Licensor; (ii) Licensee shall be prohibited from
- developing the feature, or disclose such feature request, or feature, to
- any 3rd party directly competing with Licensor or any 3rd party which may
- be, following the development of such feature, in direct competition with
- Licensor; (iii) Licensee warrants that feature does not infringe any 3rd
- party patent, trademark, trade-secret or any other intellectual property
- right; and (iv) Licensee developed, envisioned or created the feature
- solely by himself.
- ## 7. Liability
- To the extent permitted under Law, The Software is provided under an AS-IS
- basis. Licensor shall never, and without any limit, be liable for any damage,
- cost, expense or any other payment incurred by Licensee as a result of
- The Software’s actions, failure, bugs and/or any other interaction between The
- Software and Licensee's end-equipment, computers, other software or any 3rd
- party, end-equipment, computer or services. Moreover, Licensor shall never
- be liable for any defect in source code written by Licensee when relying on
- The Software or using The Software’s source code.
- ## 8. Warranty
- ###8.1 Intellectual Property
- Licensor hereby warrants that The Software does not violate or infringe any
- 3rd party claims in regards to intellectual property, patents and/or
- trademarks and that to the best of its knowledge no legal action has been
- taken against it for any infringement or violation of any 3rd party
- intellectual property rights.
- ### 8.2 No-Warranty
- The Software is provided without any warranty; Licensor hereby disclaims
- any warranty that The Software shall be error free, without defects or
- code which may cause damage to Licensee’s computers or to Licensee, and
- that The Software shall be functional. Licensee shall be solely liable to
- any damage, defect or loss incurred as a result of operating software and
- undertake the risks contained in running The Software on Licensee’s
- Server[s] and Website[s].
- ### 8.3 Prior Inspection
- Licensee hereby states that he inspected The Software thoroughly and found
- it satisfactory and adequate to his needs, that it does not interfere with
- his regular operation and that it does meet the standards and scope of his
- computer systems and architecture. Licensee found that The Software
- interacts with his development, website and server environment and that it
- does not infringe any of End User License Agreement of any software Licensee
- may use in performing his services. Licensee hereby waives any claims
- regarding The Software's incompatibility, performance, results and features,
- and warrants that he inspected the The Software.
- ## 9. No Refunds
- Licensee warrants that he inspected The Software according to clause 7 and
- that it is adequate to his needs. Accordingly, as The Software is intangible
- goods, Licensee shall not be, ever, entitled to any refund, rebate,
- compensation or restitution for any reason whatsoever, even if The Software
- contains material flaws.
- ## 10. Indemnification
- Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for
- any lawsuit brought against it in regards to Licensee’s use of The Software
- in means that violate, breach or otherwise circumvent this license,
- Licensor's intellectual property rights or Licensor's title in The Software.
- Licensor shall promptly notify Licensee in case of such legal action and
- request Licensee’s consent prior to any settlement in relation to such
- lawsuit or claim.
- ## 11. Governing Law, Jurisdiction
- Licensee hereby agrees not to initiate class-action lawsuits against Licensor
- in relation to this license and to compensate Licensor for any legal fees,
- cost or attorney fees should any claim brought by Licensee against Licensor
- be denied, in part or in full.
- License Version: 2018-05-13
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