This is a legal agreement between Einzelunternehmen Lukas Trötzmüller (ELT) and you or your company, respectively (the “licensee”).
“FWsim Game” is a fireworks simulation game.
“FWsim Pro” is a special edition of FWsim Game.
This agreement concerns FWsim Pro only. It governs the entire software.
Parts of this agreement may be modified by a separate, written contract between ELT and the licensee.
ELT grants the licensee the worldwide, limited, non-exclusive, non-transferable and non-sublicensable right to use the software in accordance with the terms in this agreement.
The licensee is allowed to use the software and install it on up to two computers. Installation on more computers requires the purchase of additional per-computer licenses.
Any data which the licensee creates using FWsim Pro (e.g. videos, firing data, firing plans, firework effect files, …) can be used for commercial and non-commercial purposes.
However: FWsim ships with several data files (for example, firework effect files and background images). These data files may be used to create videos, but they not be re-distributed or re-sold.
This software is licensed, not sold. The software is owned by ELT. ELT retains all rights (including all intellectual property, documentation, the name of the software, logos, data files, …).
All rights not explicitely granted to the licensee in this agreement are reserved by ELT.
THE SOFTWARE IS PROVIDED BY THE LICENSEE ‘‘AS IS’’ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Should the licensee not comply with the terms and conditions specified herein, ELT will terminate the license agreement. In this case, the licensee has to delete all copies of the software.
For up to 30 days after purchase, the licensee can request a refund. In that case, the licensee must delete all copies of the software, as well as any license files.
For one year after initial purchase, the licensee is entitled to receive all updates free of charge. Afterwards, the licensee is entitled to minor updates to his/her current version. “Minor” updates refers to all updates that share the same first number in the version, for example: “2.5” is a minor upgrade for version “2.4”, but “3.0” is not.
ELT does not guarantee a certain frequency of updates. New products that are sold parallel to the existing editions do not constitute an “update”. “Initial Purchase” refers to the first purchase that the customer makes. An upgrade to a higher edition or to the latest version does not constitute an “initial purchase”. Therefore, purchasing the update to a newer major version does not start a new one-year period of free updates.
This agreement is governed exclusively by Austrian law, even if the licensee is located outside of Austria.