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Terms & Conditions (Games Licensing):-

These terms apply if you are licensing an existing Flash game SWF file from Galaxy Graphics. If you are licensing source code, please use this set of terms and conditions instead.

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. The Licensee may not sublicense the Game to any other party, including seeding websites who claim non-exclusive ownership in their terms and conditions.

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 ownership of the Game, or it's graphics, code, designs and logos.

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."

5. Limitation of Liability: In no event shall Galaxy Graphics be liable under any claim, demand, or action arising out of, or relating to, the Game, 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, intellectual property claims and/or copyright claims, 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.

6. 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 or and part of the Game.

7. 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.

8. 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.

9. Use of Game characters and Intellectual property: Licensee may not use the game characters, graphics, logos and designs in any medium outside of the Flash game or Internet websites. Examples of uses not allowed include but are not limited to: any physical medium such as toys, stickers, books, branded stationery, plush toys, clothing, product tie-ins, food and drink, posters, DVD and CD, keyrings.

10. Connections to Facebook within the Game: Any connections to Facebook API and/or systems and/or pages are guaranteed to work at the time of purchase. Galaxy Graphics shall not be liable for any future failure of any Facebook connections within the Game in the event that Facebook change their systems, rules, terms and conditions. The Licensee is responsible for checking that the Game complies with the current Facebook usage terms and condtions.

Last updated 30th September, 2011

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