Terms & Conditions (Games Licensing):-

These terms apply if you are licensing, (as opposed to commissioning) a Flash game from Galaxy Graphics.

These terms are for the licence of the _________ game (Hereafter referred to as the "Game") to ________ (Hereafter referred to as the "Licensee") from Galaxy Graphics.

1. Licence Agreement: This Licence provides a perpetual (unless terminated as provided herein), non-exclusive, non-transferable licence of a version of the Game modified/branded specifically for the Licensee, for use on their website and subsites. The Licensee will be provided with an SWF file of the Game, and if applicable, PHP files for use in the Hi-Score table. The Licence does not include the source code or source graphics files for the Game. (See 3: Ownership). The game will be coded to the specific URLs that the Licensee specifies, ensuring it only runs from those sites.

2. Restrictions on use: The Licensee will not attempt to modify, create a derivative work of, recreate, generate, reverse engineer, translate, disassemble, decompile, decipher, create derivative works of, circumvent any technological controls on, or otherwise attempt to derive source code, for any portion or version of the Game. The Licensee shall not use the Game in the operation of nuclear facilities, aircraft navigation or communications systems, or air traffic control machines in which case the use of the Game could lead to death, personal injury or severe environmental damage.

3. Ownership: Ownership, Title to, and ownership of, the Game and all copies thereof, and all information supplied by Galaxy Graphics relating to the Game, regardless of type or form (including all rights in patents, copyrights, trademarks and trade secrets applicable thereto) will at all times remain with Galaxy Graphics. This license does not constitute a sale of the Game or any portion or copy thereof, including but not limited to source code, graphics and sound files). You may not claim intellectual ownership of the Game.

4. Limitation of Warranty: THE WARRANTY SET FORTH IN THIS SECTION CONSTITUTES THE ONLY WARRANTY MADE BY Galaxy Graphics WITH RESPECT TO THE Game. IT IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY PROPERTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, TRADE USAGE OR TRADE PRACTICE. SPECIFICALLY, BUT WITHOUT LIMITATION, Galaxy Graphics MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR WILL CONFORM TO ANY RELIABILITY OR PERFORMANCE STANDARDS. ALL MATERIALS PROVIDED TO THE LICENSEE UNDER THIS AGREEMENT ARE PROVIDED “AS IS.”

3. Limitation of Liability: IN NO EVENT SHALL Galaxy Graphics BE LIABLE UNDER ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF, OR RELATING TO, THE SOFTWARE, OR FOR Galaxy Graphics’S PERFORMANCE (OR LACK THEREOF) UNDER THIS AGREEMENT, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY INDIRECT DAMAGES FOR LOSS OF BUSINESS, DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO ANY DATA, SOFTWARE, HARDWARE OR NETWORK OF LICENSEE OR LICENSEE’S EMPLOYEES, AGENTS OR CONTRACTORS), WHETHER OR NOT LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND, OR ACTION.

4. Indemnification: Licensee shall defend, indemnify and hold harmless Galaxy Graphics and its successors and assigns, and its employees and agents from and against any and all liabilities, losses, damages, claims, suits and expenses, arising from any use of the Game.

5. Termination: Galaxy Graphics may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement, and termination is effective if Licensee fails to correct such default within fourteen (14) days after written notice thereof by Galaxy Graphics.

6. Use of Galaxy Graphics name: Licensee may not use the Galaxy Graphics name, trademarks, service marks, or logos on any commercial or promotional materials without the express written consent of Galaxy Graphics.