Terms & Conditions (Licensing of source code):-

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

These terms are for the sale of the _________ code (Hereafter referred to as the "Game") to ________ (Hereafter referred to as the "Licensee") from Galaxy Graphics. "Source code" refers to the .fla file and the graphics, designs and actionscript contained within it.

1. Licence Agreement: This Licensee will be provided a copy with the .fla source code.

2. Restrictions on use: The Licensee shall not use the Game in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control machines or other critical facilites where use of the Game or it's code could lead to death, personal injury or severe environmental damage.

3. Ownership: The licensee own full rights to their copy of the Game only, to modify, distribute and use for the agreed purpose. Galaxy Graphics retain the rights to sell and licence other copies of the same code (modified or otherwise) to other parties. You may not claim exclusive intellectual ownership of the Game, resell the Game source code or give away or otherwise redistribute the source code. You may only resell and relicense an unlimited number of compiled (swf) versions of the Game, with or without any modifications you see fit to make.

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.