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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 licence 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 Games' .fla source code and if required, any related graphics files which were included in the Game source code , in return for payment of the agreed price.

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 its code could lead to death, personal injury or severe environmental / financial 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: The licensee own full rights to their copy of the Game only, to modify and use for their purpose(s). 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 ownership of the Game, or it's graphics, code, designs and logos. You may not resell the Game source code or give away the Game source code or otherwise redistribute the Game 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. ALL SOURCE CODE IS LICENSED ON A NON-EXCLUSIVE BASIS.

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, it's graphics, sound effects and its source code.

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 is free to remove the Galaxy Graphics logo and/or copyrights from their version of the Game

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 without prior agreement from Galaxy Graphics Limited. Examples of uses not allowed without prior agreement 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 4th January, 2014

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