IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

End-User License Agreement ("EULA") of EGM:RP

This End-User License Agreement ("EULA") is a legal agreement between you and Mattis Krämer and Jan Ziegler GbR.

This EULA agreement governs your acquisition and use of our EGM:RP software ("Software") directly from Mattis Krämer and Jan Ziegler GbR.

Please read this EULA agreement carefully before downloading and/or completing the installation process and using the EGM:RP software. It provides a license to use the EGM:RP software and contains warranty information and liability disclaimers.

There is no trial version of the EGM:RP software. By downloading, opening, installing and/or using the EGM:RP software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. Unless you have a different license agreement signed by Mattis Krämer and Jan Ziegler GbR your use of EGM:RP indicates your acceptance of this license agreement and warranty.

EGM:RP is protected by our DRM (Digital Right Management) system. Therefore by accepting this EULA, you accept the use and installation of such software on your server. Our DRM will forbid the use of EGM:RP on server, that are not whitelisted by us for you. It required an internet connection to fully work. You are responsible to ensure a working internet connection for our DRM.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not download, install and/or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Mattis Krämer and Jan Ziegler GbR herewith regardless of whether other software is referred to or described herein. The terms also apply to any Mattis Krämer and Jan Ziegler GbR updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Mattis Krämer and Jan Ziegler GbR hereby grants you a personal, non-transferable, non-exclusive licence, without right to sublicense, to use the EGM:RP software on your “Garry’s Mod” server in accordance with the terms of this EULA agreement.

You are only permitted to load the EGM:RP software on a “Garry’s Mod” server under your control and whitelisted through our DRM. You are responsible for ensuring your device meets the minimum requirements of the EGM:RP software.

You are only allowed to have a limited amount of “Garry’s Mod” servers whitelisted. With the purchase of the software licence to use EGM:RP, you're allowed to have one server whitelisted (One whitelist slot). The acquisition of more whitelist slot is possible by purchase.

You are not permitted to:

reproduce, copy, distribute, resell or otherwise use the Software itself or the code of the Software for any commercial purpose, except for any income that is generated by players by your "Garry's Mod" server(s);
allow, grant or give any unauthorized person access to the Software;
allow any third party to use the Software on behalf of or for the benefit of any third party;
use the Software in any way which breaches any applicable local, national or international law;
use the Software for any purpose that Mattis Krämer and Jan Ziegler GbR considers is a breach of this EULA agreement.

EGM:RP and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of EGM:RP contact Mattis Krämer and Jan Ziegler GbR.

Intellectual Property and Ownership

Mattis Krämer and Jan Ziegler GbR shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Mattis Krämer and Jan Ziegler GbR.

Mattis Krämer and Jan Ziegler GbR reserves the right to grant licences to use the Software to third parties.

Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended. All rights not expressly granted hereunder are reserved for Mattis Krämer and Jan Ziegler GbR.

Limitation of Responsibility

In no event will Mattis Krämer and Jan Ziegler be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Limitation of Responsibility in event of negligence

In no event of negligence (excluding reckless negligence) will Mattis Krämer and Jan Ziegler GbR be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data or pecuniary loss, excluding damages to health) in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Warranties

Except as expressly stated in writing, Mattis Krämer and Jan Ziegler GbR makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

Termination

This EULA agreement is effective from the date you first accept this eula, download, open, install and/or use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Mattis Krämer and Jan Ziegler GbR.

It will also terminate immediately if you fail to comply with any term of this EULA agreement.

Upon a termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software and delete the Software immediately. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Amendments to this Agreement

Mattis Krämer and Jan Ziegler GbR reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.

Consent of use of data

You agree that Mattis Krämer and Jan Ziegler GbR may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Software. Another reason might be for legal reasons. Mattis Krämer and Jan Ziegler GbR may also use this information to provide notices to you which may be of use or interest to you.

Severability

If any one or more section, subsection, sentence, clause, phrase, word, provision or application of this Ordinance shall for any person or circumstance be held to be illegal, invalid, unenforceable, and/or unconstitutional, such decision shall not affect the validity of any other section, subsection, sentence, clause, phrase, word, provision or application of this Ordinance which is operable without the offending section, subsection, sentence, clause, phrase, word, provision or application shall remain effective notwithstanding such illegal, invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, phrase, word, provision or application, and every section, subsection, sentence, clause, phrase, word, provision or application of this Ordinance are declared severable. The legislature hereby declares that it would have passed each part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, word, provision or application be declared illegal, invalid, unenforceable, and/or unconstitutional.

Version from: 26.09.2019