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You should carefully read the following License and Warranty Agreement before downloading, installing or using this software program. If you do not agree with the terms of this license Agreement, you may not download, install or use the software.
This software program (“Software”), any online or electronic documentation, and all copies are the copyrighted work of HH Media LLC and its subsidiaries, licensors and/or its suppliers. All use of the Software is governed by the terms of this End User License and Warranty Agreement ("Agreement"). The Software is solely for use according to the terms of the Agreement. Any use, reproduction or redistribution of the Software not in accordance with the terms of the Agreement is expressly prohibited. The Software is delivered together with a separate executable speedserver.exe and its associated DLLs ("Server"), released under the GNU General Public License version 2 ("GPLv2"). Usage of the Server, separately or with the Software, is governed by GPLv2, available at , or in § 13 of this EULA. Source code for the Server can be found at .
§ 1 Limited Use License
1.1 HH Media LLC, hereby grants, and by downloading, installing and using the Software you thereby accept, the rights to loan, copy, transfer, distribute, export, or otherwise exploit the Server in any capacity in agreement with the GPLv2.
1.2 HH Media LLC, hereby grants, and by downloading, installing and using the Software you thereby accept, a limited, non-exclusive license and right to install the Software (“License”). You may not use it on more than one computer at the same time. The Software is licensed, not sold. Your License confers no title or ownership in the Software.
§ 2 Ownership
All right, title, interest and ownership rights in the Software and any copyright, design right, database right, title right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered), other intellectual property rights (together “Intellectual Property Rights”), and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights and any related documentation) are owned by, belong to and vest in HH Media LLC or its licensors. The Software is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Software may contain certain licensed materials and HH Media LLC's licensors may act to protect their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
§ 3 Limitations of License
3.1 You are entitled to use the Software as described in § 1, but you are not entitled to:
- sell, distribute or otherwise transfer copies or reproductions of the Software to other parties in any way, nor to rent, lease or license the Software to others without the prior written consent of HH Media LLC; or
- use, copy, transfer or distribute the Software or part of it other than as permitted by this Agreement;
- use, assign, rent, loan, charge or otherwise deal in the Software or any part or interest therein or under this Agreement except as expressly provided herein;
- use the Software for any illegal purposes;
- remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Software;
- export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
- in whole or in part, translate, reverse engineer, merge, translate, disassemble or decompile the Software,
- otherwise use, copy, transfer or distribute the Software or part of it except as expressly permitted by this Agreement or in any manner which is inconsistent with this Agreement,
- exploit the Software or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site,
- without further license, use the Software, or permit the use of the Software, on more than one device at the same time (however, the Software may be installed on several devices);
- separate component parts for use. The Software is licensed to you as a single product.
A breach of the preceding obligations entails HH Media LLC's right to terminate this Agreement for cause.
3.2 All rights not expressly granted herein are reserved by HH Media LLC.
3.3 You must back-up to another secure location, on a regular basis, any data files concerning your use of the Software as HH Media LLC has no liability for lost or corrupted data.
3.4 You agree to indemnify, defend and hold HH Media LLC and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Software otherwise than in accordance with the terms of this Agreement.
§ 4 Transfer of License
You may permanently transfer all of your rights under this Agreement, provided the recipient agrees to the terms of this Agreement. In case of transferral of License you agree to remove the Software from your computer.
§ 5 Termination
This Agreement is effective until terminated. You may terminate the Agreement at any time by deleting and removing the Software from all your computer systems. This License will terminate automatically if you fail to abide by any of the terms and conditions. HH Media LLC may additionally, at its discretion, give notice to terminate this Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In the event of termination, you must immediately destroy and erase the Software and all copies in your control and stored on any media whatsoever and on Overhype Studio's request certify that you have done so.
§ 6 Indemnification
By accepting the Agreement, you agree to indemnify and otherwise hold harmless HH Media LLC from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
§ 7 Limited Warranty
HH Media LLC does not warrant that the operation of the Software will be uninterrupted or error free or that errors can be corrected. The Software is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of HH Media LLC' liability, warranties and your remedies. To the maximum extent permitted by law, HH Media LLC excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. To the maximum extent permitted by applicable law HH Media LLC expressly disclaims any warranty for the Software and manual(s). The game and manual(s) are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
§ 8 Limitation of Liability
8.1 HH Media LLC and its licensors shall in any case be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health.
8.2 In case of ordinary or slight negligence, HH Media LLC and its licensors shall be liable only for breaches of a material contractual obligation, i.e. of an obligation which is indispensable for the attainment of the contract purpose and which you must therefore be able to rely upon.
8.3 In case of ordinary or slight negligence, HH Media LLC and its licensors, to the maximum extent permitted by law:
- shall not be liable for any lack of commercial success, lost profits and indirect damages and for the risks connected with damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Software, even if it has been advised of the possibility of such loss
- shall not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Software has been modified in any manner (not by HH Media LLC or its licensors) after it has been bought
8.4 Liability in accordance with § 8.2 and § 8.3 shall be limited to the typical, foreseeable damages.
§ 9 License to HH Media LLC and other users for Usage Data
9.0 Usage Data shall be defined as any data about the usage of the software generated by the user within or for the Software Including, but not limited to game names, executable names, hotkeys, etc.
9.1 By using this software, you agree to grant HH Media LLC the right to record the Usage Data without the need of further permission and without any form of compensation.
§ 10 Equitable Remedies
You hereby agree that HH Media LLC would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that HH Media LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as HH Media LLC may otherwise have available to it under applicable laws.
§ 11 Miscellaneous
The Agreement constitutes the entire agreement between you and HH Media LLC regarding the Software. HH Media LLC is entitled to change the Agreement with effect for a future date. HH Media LLC will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Agreement when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The Agreement is considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Software and your own name in the subject line. If you do not object to the changed Agreement towards us within the Objection Deadline or you continue to use the Software despite access to the notification concerning changes, the changed or supplementary Agreement becomes effective. If you object within the deadline, both you and HH Media LLC are entitled to duly terminate the Agreement and after the expiry of a possible notice period, to delete the account. Any fees paid in advance shall not be refunded to you. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
§ 12 Applicable Law
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, this Agreement is subject to German Law. The courts of Michigan, USA have exclusive jurisdiction over disputes arising from this Agreement.
§ 12 GPLv2 (Applicable to Server)
GNU general public license (GPL), version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software andof promoting the sharing and reuse of software generally.
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Contact
HH Media LLC, 2222 W. Grand River Ave STE A, Okemos, MI 48864
This software program (“Software”), any online or electronic documentation, and all copies are the copyrighted work of HH Media LLC and its subsidiaries, licensors and/or its suppliers. All use of the Software is governed by the terms of this End User License and Warranty Agreement ("Agreement"). The Software is solely for use according to the terms of the Agreement. Any use, reproduction or redistribution of the Software not in accordance with the terms of the Agreement is expressly prohibited. The Software is delivered together with a separate executable speedserver.exe and its associated DLLs ("Server"), released under the GNU General Public License version 2 ("GPLv2"). Usage of the Server, separately or with the Software, is governed by GPLv2, available at , or in § 13 of this EULA. Source code for the Server can be found at .
§ 1 Limited Use License
1.1 HH Media LLC, hereby grants, and by downloading, installing and using the Software you thereby accept, the rights to loan, copy, transfer, distribute, export, or otherwise exploit the Server in any capacity in agreement with the GPLv2.
1.2 HH Media LLC, hereby grants, and by downloading, installing and using the Software you thereby accept, a limited, non-exclusive license and right to install the Software (“License”). You may not use it on more than one computer at the same time. The Software is licensed, not sold. Your License confers no title or ownership in the Software.
§ 2 Ownership
All right, title, interest and ownership rights in the Software and any copyright, design right, database right, title right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered), other intellectual property rights (together “Intellectual Property Rights”), and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights and any related documentation) are owned by, belong to and vest in HH Media LLC or its licensors. The Software is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Software may contain certain licensed materials and HH Media LLC's licensors may act to protect their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
§ 3 Limitations of License
3.1 You are entitled to use the Software as described in § 1, but you are not entitled to:
- sell, distribute or otherwise transfer copies or reproductions of the Software to other parties in any way, nor to rent, lease or license the Software to others without the prior written consent of HH Media LLC; or
- use, copy, transfer or distribute the Software or part of it other than as permitted by this Agreement;
- use, assign, rent, loan, charge or otherwise deal in the Software or any part or interest therein or under this Agreement except as expressly provided herein;
- use the Software for any illegal purposes;
- remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Software;
- export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
- in whole or in part, translate, reverse engineer, merge, translate, disassemble or decompile the Software,
- otherwise use, copy, transfer or distribute the Software or part of it except as expressly permitted by this Agreement or in any manner which is inconsistent with this Agreement,
- exploit the Software or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site,
- without further license, use the Software, or permit the use of the Software, on more than one device at the same time (however, the Software may be installed on several devices);
- separate component parts for use. The Software is licensed to you as a single product.
A breach of the preceding obligations entails HH Media LLC's right to terminate this Agreement for cause.
3.2 All rights not expressly granted herein are reserved by HH Media LLC.
3.3 You must back-up to another secure location, on a regular basis, any data files concerning your use of the Software as HH Media LLC has no liability for lost or corrupted data.
3.4 You agree to indemnify, defend and hold HH Media LLC and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Software otherwise than in accordance with the terms of this Agreement.
§ 4 Transfer of License
You may permanently transfer all of your rights under this Agreement, provided the recipient agrees to the terms of this Agreement. In case of transferral of License you agree to remove the Software from your computer.
§ 5 Termination
This Agreement is effective until terminated. You may terminate the Agreement at any time by deleting and removing the Software from all your computer systems. This License will terminate automatically if you fail to abide by any of the terms and conditions. HH Media LLC may additionally, at its discretion, give notice to terminate this Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In the event of termination, you must immediately destroy and erase the Software and all copies in your control and stored on any media whatsoever and on Overhype Studio's request certify that you have done so.
§ 6 Indemnification
By accepting the Agreement, you agree to indemnify and otherwise hold harmless HH Media LLC from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
§ 7 Limited Warranty
HH Media LLC does not warrant that the operation of the Software will be uninterrupted or error free or that errors can be corrected. The Software is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of HH Media LLC' liability, warranties and your remedies. To the maximum extent permitted by law, HH Media LLC excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. To the maximum extent permitted by applicable law HH Media LLC expressly disclaims any warranty for the Software and manual(s). The game and manual(s) are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
§ 8 Limitation of Liability
8.1 HH Media LLC and its licensors shall in any case be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health.
8.2 In case of ordinary or slight negligence, HH Media LLC and its licensors shall be liable only for breaches of a material contractual obligation, i.e. of an obligation which is indispensable for the attainment of the contract purpose and which you must therefore be able to rely upon.
8.3 In case of ordinary or slight negligence, HH Media LLC and its licensors, to the maximum extent permitted by law:
- shall not be liable for any lack of commercial success, lost profits and indirect damages and for the risks connected with damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Software, even if it has been advised of the possibility of such loss
- shall not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Software has been modified in any manner (not by HH Media LLC or its licensors) after it has been bought
8.4 Liability in accordance with § 8.2 and § 8.3 shall be limited to the typical, foreseeable damages.
§ 9 License to HH Media LLC and other users for Usage Data
9.0 Usage Data shall be defined as any data about the usage of the software generated by the user within or for the Software Including, but not limited to game names, executable names, hotkeys, etc.
9.1 By using this software, you agree to grant HH Media LLC the right to record the Usage Data without the need of further permission and without any form of compensation.
§ 10 Equitable Remedies
You hereby agree that HH Media LLC would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that HH Media LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as HH Media LLC may otherwise have available to it under applicable laws.
§ 11 Miscellaneous
The Agreement constitutes the entire agreement between you and HH Media LLC regarding the Software. HH Media LLC is entitled to change the Agreement with effect for a future date. HH Media LLC will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Agreement when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The Agreement is considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Software and your own name in the subject line. If you do not object to the changed Agreement towards us within the Objection Deadline or you continue to use the Software despite access to the notification concerning changes, the changed or supplementary Agreement becomes effective. If you object within the deadline, both you and HH Media LLC are entitled to duly terminate the Agreement and after the expiry of a possible notice period, to delete the account. Any fees paid in advance shall not be refunded to you. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
§ 12 Applicable Law
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, this Agreement is subject to German Law. The courts of Michigan, USA have exclusive jurisdiction over disputes arising from this Agreement.
§ 12 GPLv2 (Applicable to Server)
GNU general public license (GPL), version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software andof promoting the sharing and reuse of software generally.
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
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