End User License Agreement
Please read the following information carefully as it sets out the terms upon which you are allowed by Out of the Park Developments GmbH & Co. KG of Vorderstr. 44a, 21723 Hollern-Tw., Germany ('OOTP Developments') to use Out of the Park Baseball 15 ('OOTP 15') incorporated in the game.
By installing, copying, or otherwise using OOTP 15 (as defined below), you agree to be bound by the terms of this EULA.
If you do not agree to these terms, your use of OOTP 15 will not be granted. Do not install, copy, or use the software. If you have proof of payment, you may return your license to use the software within fourteen (15) days for a refund of the license fee.
1. Licence to use the Software
The term 'OOTP 15' includes the software included in this game, the associated media, any software associated with the online mode of the game, any printed materials, and any online or electronic documentation, and any and all copies and derivative works of such software and materials.
OOTP Developments grants you a non-exclusive, non-transferable license to use two (2) copies of OOTP 15 solely for the personal use of the licensee. The two copies may not be used by two people in two places at the same time. OOTP Developments grants the use of two copies of OOTP 15 solely to provide the licensee with flexibility, and does not condone the use of the two licensed copies by users other than the licensee. All rights not specifically transferred by this Licence remain with OOTP Developments. OOTP 15 is licensed to you and not sold. This licence does not give you any title or ownership in OOTP 15 and should not be construed as a sale or transfer of any intellectual property rights to OOTP 15.
You are authorized to make backup copies of OOTP 15 for the sole purpose of protecting your investment. You may transfer OOTP 15 freely from one computer to another, subject to the other requirements listed above.
2. Ownership of OOTP 15
You agree and acknowledge that all right, title, interest and ownership rights in any and all copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ('Intellectual Property Rights'), in or connected with OOTP 15 and any and all copies thereof (including in particular but not limited to any data, database, designs, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by OOTP Developments or its licensors (where relevant). OOTP 15 may contain certain licensed materials and OOTP Developments or its licensors may protect their rights in the event of any violation of this Agreement.
3. Use of OOTP 15
You agree only to use OOTP 15 or any part of it in a manner which is consistent with this Licence and you shall not:
(a) without the permission of OOTP Developments use OOTP 15 or any part of it for commercial use, for example use at a Internet cafe, computer gaming center or any other location-based site;
(b) without a further licence, use OOTP 15, or permit the use of OOTP 15, on more than two computers at the same time;
(c) make copies of OOTP 15 or any part thereof;
(d) use OOTP 15, or permit use of OOTP 15, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by OOTP Developments and subject to acceptance of the terms and conditions of use;
(e) sell, rent, lease, license, distribute or otherwise transfer OOTP 15 or any copies without the express prior written consent of OOTP Developments;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of OOTP 15 modify, adapt, merge, translate, decompile or disassemble OOTP 15 or any part of it (save as the applicable law expressly permits whereupon all and any modification, adaptations, improvements etc shall belong to, vest in and be the exclusive property of OOTP Developments on creation in any event);
(g) remove, disable or circumvent any proprietary notices or labels contained on or within OOTP 15;
(h) export or re-export OOTP 15 or any copy or adaptation in violation of any applicable laws or regulations; and
(i) create data or executable programs which mimic data or functionality in OOTP 15.
(j) otherwise use, copy, transfer or distribute OOTP 15 or part of it except as expressly permitted by this Licence.
4. Warranty
OOTP 15 is provided without any warranties or guaranties save as specifically provided in these conditions and to the extent permitted by the applicable law.
This Licence does not affect your statutory rights as a consumer.
5. Liability
OOTP Developments will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of OOTP 15, even if OOTP Developments has been advised of the possibility of such loss.
OOTP Developments will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if OOTP 15 has been modified in any manner (not by OOTP Developments) after it has been bought.
OOTP Developments' liability shall not exceed the actual price paid for OOTP 15.
OOTP Developments does not seek to exclude or limit its liability for any death or personal injury arising from its negligence.
If any of the conditions in this Licence are held to be invalid or void under any applicable law, the other provisions of these conditions will be unaffected and remain in full force and effect.
6.Termination
In addition to other rights of OOTP Developments that may be available to it, this Licence will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of OOTP 15 and all of its component parts.
7. Injunction
Because OOTP Developments could be irreparably damaged if the terms of this Licence were not enforced, you acknowledge that OOTP Developments will take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
8. Indemnity
You agree to indemnify, defend and hold OOTP Developments, its 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 OOTP 15 otherwise than in accordance with the terms of this Agreement.
9. Miscellaneous
This Licence represents the complete agreement between OOTP Developments and yourself in relation to the use of OOTP 15 and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
If any provision of this Licence is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Licence shall not be affected.
Nothing in this Licence gives or claims to give to any third party any benefit or right to enforce any term of this Licence, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
OOTP 15 is protected by the copyright laws of Germany, the United States and international copyright treaties. All rights in OOTP 15 are owned by OOTP Developments or its licensors. No license under any invention, patent, copyright, trade secret or other proprietary right is granted, either directly or indirectly, by this Agreement or by any disclosure of Confidential Information hereunder except as specifically granted herein.