OPEN SOURCE LICENSE NOTICE FOR USE WITH ONSET
This Open Source License (“License”) applies to any use by you of the source and object code for the video game with the title Onset (“Game”) as provided here by Blue Mountains GmbH (“we,” “us,” or “our”), including any code created prior or after this date, (“Code”) and any derivatives of the Code (“Derivatives”) as well as any source and object code from a contributor embedded in the Code or the Derivatives (“Contributor Code”) (the Code, Derivatives, and Contributor Code, collectively, the “Licensed Code”).
By using the Licensed Code you agree to and are legally bound by the terms and conditions of this License. If you do not agree to the terms and conditions of this License, do not use the Licensed Code and any use of the Licensed Code outside of the terms and Conditions of the License is an infringement of the Licensed Code.
Grant. We grant you the worldwide, revocable, royalty-free, and nonsublicensable, rights to use the Licensed Code as follows: To reproduce, modify, display, perform, sublicense and distribute the Licensed Code solely to use the Licensed Code with and within the Game. (“Grant”) This Grant does not permit you to use our trade names, trademarks, service marks, or names, except as required for reasonable and customary use in describing the origin of the Licensed Content and reproducing the content of the copyright notice below. Nothing in this License shall be construed to grant you any ownership whatsoever in the Licensed Code and the property and intellectual property contained therein.
Obligations. The Grant is subject to your express compliance with the following obligations:
- Attribution. Notice: You shall keep intact all copyright, patent or trademarks notices and all notices that refer to the License and to the disclaimer of warranties. You shall include a copy of such notices and a copy of the License with every copy of the Licensed Code you distribute or communicate as follows:
Copyright (C) 2019 Blue Mountains GmbH
This program is free software: you can redistribute it and/or modify it under the terms of the Onset Open Source License as published by Blue Mountains GmbH.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the Onset Open Source License for more details.
You should have received a copy of the Onset Open Source License along with this program. If not, see <[URL]>.
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Copyleft: If you distribute or communicate copies of the Licensed Code, this distribution or communication will be done under the terms of this License or of a later version of this License, unless the Licensed Content is expressly distributed only under this version of the License. You cannot offer or impose any additional terms or conditions on the Licensed Content that alter or restrict the terms of the License.
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Provision of Source Code: When distributing or communicating copies of the Licensed Code, you shall provide a machine-readable copy of the source code or indicate a repository where this source code easily and freely is available for as long as you continue to distribute or communicate the Licensed Content.
NO WARRANTIES. LICSENSED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD THE LICENSED CONTET PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT US, OUR LICENSORS OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE LICENSED CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, US, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE LICENSED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S GROSS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY'S, ITS EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
Nothing contained in this License shall prejudice the statutory rights of any party dealing as a consumer.
Term. This License and the rights granted hereunder will terminate automatically if you fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Licensed Content which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. All rights in the Licensed Content not expressly granted under this License are reserved. We may amend the Licensed Code and or the License at any time at our convenience. This License is governed by the laws of Germany, excluding its conflict-of-law provisions. All disputes arising from or relating to this Agreement shall be heard by the state and federal courts in Munich, Germany. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
UPDATE: 2019-08-02
VERSION: 1.0