Licence Agreement & Limeted Warranty

IMPORTANT -Please read this Licence Agreement carefully.

This End-User Licence Agreement (“EULA”) is a legal agreement between you and TopWare Interactive AG ("TopWare" or “we”) for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you (“Software Product”).
Copyright and other intellectual property laws and treaties protect this Software Product. 
The Software Product is licensed, not sold.
We are only prepared to licence you to use the software product on the terms of this EULA. Please read
through the following licence conditions. If you agree to be bound by them please click “I accept” 
during the installation program at which point the software product will be loaded onto your 
computer. If you do not agreeto be bound by the terms of this EULA click “Do not accept” and the
 software product will not be loaded ontoyour computer. If you do not accept the terms of this Eula, 
please return the disk unused together with its packaging and documentation to the point of purchase 
for a refund of the purchase price for the software product. The suppplier reserves the right, without
prejudice to your statutory rights which are not affected, to withhold some or all of the refund if such 
disk, packaging or documentation has been damaged in any way.

1. COPYRIGHT

The Software is protected by copyright laws and international copyright treaties, as well as other 
intellectual property laws and treaties. All title and copyrights in and to the Software (including 
but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into 
the Software) and any printed materials accompanying the Software are owned by the Company or its 
Licensors.

2. GRANT OF LICENSE

The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you 
alimited, personal, non-exclusive license to use the Software in the manner described in the user 
documentation. The Company reserves all rights not expressly granted to you in this EULA.

Permitted uses

(a) load the Software Product into and use it on a single computer which is under your control and which 
meets the specifications referred to in the manual for your own private and domestic use;

(b) transfer the Software from one computer to another provided it is used on only one computer at any
one time;

(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another 
person provided such person has agreed to accept the terms of this EULA and you 
contemporaneously transfer any permitted copies of the Software Product you may have made to that person or 
destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall 
automatically terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to TopWare Interactive AG and its 
licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms 
and conditions contained in this Agreement.

Restrictions

(a) You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or 
accompanying printed materials.

(b) You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.

(c) You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create 
derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User 
Variation section of this Agreement or other documentation accompanying the Software) or otherwise 
commercially exploit the Software.

(d) You may not electronically transmit the Software from one computer, console or other platform to 
another or over a network.

(e) You may not use any backup or archival copy of the Software for any purpose other than to replace the 
original copy in the event it's destroyed or becomes defective.

3. TECHNICAL SUPPORT

If you require technical assistance, please refer to the manual accompanying the Software Product or our 
web site at www.topware.com or at www.2-worlds.com.

4. EDITOR AND END-USER VARIATIONS

If the Software includes a feature that allows you to modify the Software or to construct new variations 
(an "Editor"), you may use such Editor to create modifications or enhancements to the Software, including 
the construction of new levels (collectively the "Variations"), subject to the following restrictions. 
Your Variations: 

(i) must only work with the full, registered copy of the Software; 
(ii) must not contain modifications to any executable file; 
(iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or 
invades the rights of privacy or publicity of any third party; 
(iv) must not contain any trademarks, copyright-protected work or other property of third parties; and 
(v) may not be commercially exploited by you, including but not limited to making such Variations available 
for sale or as part of a pay-per-play or timesharing service.

5. TERMINATION

This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. 
This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions 
of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will 
survive termination.

6. OWNERSHIP

You only own the media on which the Software Product is recorded. TopWare and/or its licensors shall at all times 
retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.

7. LIMITED WARRANTY AND EXCLUSIONS

7.1 Limited Warranty
TopWare warrants to the original purchaser of this Software Product that the physical medium on which the Software 
Product is recorded will under normal use and conditions be free from material defects in materials and workmanship 
for a period of ninety (90) days from the date of purchase.
The entire liability of TopWare under this limited warranty will be, at TopWare’ sole option, either 
(a) to return of the purchase price paid; or 
(b) to repair or to replace free of charge the Software Product that does not meet this limited warranty provided you 
return it in its original condition to the point of purchase with a copy of your receipt.

7.2 The limited warranty in paragraph 7.1 above is void if failure of the Software Product has resulted from accident, 
abuse or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty 
period or thirty (30) days, whichever is longer.

7.3 The limited warranty in this paragraph 6 does not affect your statutory rights which may vary from state/jurisdiction 
to state/jurisdiction.

7.4 Subject to the limited warranty above, this Software Product is provided “as is” and without warranty of any kind. 
To the maximum extent permitted by applicable law, TopWare and its licensors disclaims all other representations, warranties, 
conditions or other terms, either express or implied, including, but not limited to implied warranties and/or conditions 
of merchantability and fitness for a particular purpose, with regard to the Software Product and each and every part thereof. 
Without prejudice to the generality of the foregoing, TopWare does not warrant that the Software Product is error-free.

7.5 In addition, to the maximum extent permitted by applicable law:
(a) in no event shall TopWare or its licensors be liable for any damages whatsoever (including, but not limited to, direct, 
indirect, or consequential damages for personal injury, loss of profits, business interruption, loss of information, or any 
pecuniary loss) arising out of the use of or inability to use this Software Product, even if TopWare has been advised of the 
possibility of such damages.
(b) in any case, the maximum aggregate liability of TopWare and its licensors under or in relation to this EULA or the use or 
attempted use of this Software Product shall be limited to the amount actually paid by you for the Software Product.

7.6 Nothing in this EULA shall limit TopWare’ liability to you in negligence for death or personal injury.

8. GOVERNING LAW

This EULA is governed by the laws of the European Community and the Federal Republic of Germany, exclusive of its conflicts of 
law provisions. The exclusive venue for litigation regarding or arising from this EULA is the Federal Republic of Germany and 
you agree to submit to the Jurisdiction of the courts of the Federal Republic of Germany for any such litigation.

9. MISCELLANEOUS

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from 
and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire 
agreement between you and the Company regarding the Software and its use.

Copyright (c) 2008 NVIDIA Corporation 
NVIDIA PhysX Driver License Agreement 

This End User License Agreement (the "Agreement") is a legal agreement between you (either individually or an entity) ("You" and "Your") and NVIDIA Corporation("NVIDIA" and "NVIDIA's") regarding the use of the NVIDIA PhysX Driver and any accompanying documentation (collectively, the "Software"). 

YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BEBOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE, NOTINSTALL OR USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT YOUHAVE DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE SOFTWARE. 

This license is only granted to and only may be used by You. NVIDIA grants You a limited, non-exclusive, non-transferable license to use the provided Software for evaluation, testing and non-commercial production purposes according to the terms set forth below: 
1. Use of the Software. 
a. You may use, display and reproduce the NVIDIA PhysX Driver. 
b. You may not and shall not permit others to:
(i) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without limitation any such mechanism used to restrict or control the functionality of the Software, or to derive the source code or the underlying ideas, algorithms, structure or organization from the Software (except that the foregoing restrictions do not apply to the extent that such activities may not be prohibited under applicable law);
(ii) alter, adapt, modify or translate the Software in any way for any purpose, including without limitation error correction;
(iii) distribute, rent, loan, lease, transfer or grant any rights in the Software or modifications thereof in any form to any person without the prior written consent of NVIDIA. 
c. No Commercial Distribution Right. This license grants no rights to distribute the Software for any commercial purposes. Any and all individuals, companies, non-academic government agencies or other organizations wishing to redistribute the Software for any purpose must enter into written contract with NVIDIA. Please contact info@NVIDIA.com for further information. 
2. Ownership. This license is not a sale. Title, copyrights and all other rights to the Software and any copy made by You remain with NVIDIA and its suppliers and licensors. Unauthorized copying of the Software, or failure to comply with the license restrictions set forth in Section 1(b) above, will result in automatic termination of this license and will make available to NVIDIA other legal remedies. 
3. Termination. This license is effective once You click the "AGREE" button of this Agreement, or install or use the Software, and will continue until terminated. Unauthorized copying of the Software, Your failure to comply with the above restrictions or Your failure to comply with any terms of this Agreement will result in automatic termination of this Agreement and will make available to NVIDIA other legal remedies. Upon termination of this license for any reason You will destroy all copies of the Software. Any use of the Software after termination is unlawful. Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate. NVIDIA's rights and Your obligations under this Agreement shall survive any termination of this Agreement. 
4. Trademarks. Certain of the product names used in this Agreement and the Software constitute trademarks, trade names, trade dress, or service marks("Trademarks") of NVIDIA or other third parties. You are not authorized to use any such Trademarks for any purpose. 
5. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND NVIDIA MAKESNO WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. NVIDIA AND ITS SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS,IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND NVIDIA ANDITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE ORNONINFRINGEMENT AND THEIR EQUIVALENTS. NVIDIA does not warrant that the operation of the Software will be uninterrupted or error free or that the Software will meet Your specific requirements.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. 
6. Limitation of Liability. IN NO EVENT WILL NVIDIA, ITS SUPPLIERS OR ITSLICENSORS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OFCONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL,INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OREXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE SOFTWARE, HOWEVERCAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE).THIS LIMITATION WILL APPLY EVEN IF NVIDIA OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED. YOU ACKNOWLEDGE THAT THE LACK OF A REQUIREDPAYMENT BY YOU FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS ANDEXCLUSIONS MAY NOT APPLY TO YOU. 
7. Indemnity. You agree to indemnify and hold NVIDIA, its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your failure to comply with this Agreement or Your violation of any law or the rights of any third party. 
8. Legal Compliance. You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Software. 
9. Governing Law and General Provisions. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather, this Agreement and the performance of the parties hereunder shall be construed in accordance with and governed by the laws of the State of California, U.S.A., except for its conflict of law rules. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Santa Clara County, California, U.S.A., and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. This Agreement is the entire agreement between You and NVIDIA and supersedes any other communications, representations or advertising with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. If You are acquiring the Software on behalf of any part of the U.S. Government, the following provisions apply. The Software programs and documentation are deemed to be "Commercial computer software" and "Commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software programs and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "Technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b). 
10. Questions. Should You have any questions relating to this Agreement, or if You desire to contact NVIDIA for any reason, please contact info@NVIDIA.com.
 
Copyright (c) 2008 NVIDIA Corporation. All rights reserved.
http://www.NVIDIA.com 

MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and 
* support services
for this software, unless other terms accompany those items.  If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.  You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  Microsoft reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.    You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.
4. DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use.  For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT.  This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States.  If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY.   THE SOFTWARE IS LICENSED “AS-IS.”  YOU BEAR THE RISK OF USING IT.  MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.  YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00.  YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.