Independent game developers - making Avoyd

Avoyd Licence Agreement

By downloading AVOYD you are agreeing to be bound by all the terms of this licence.

Please read with care.

A. ENKISOFTWARE retains all copyright and all other intellectual property and proprietary rights in AVOYD and in all copies of AVOYD and under the authority of these rights hereby grants you:

  1. a non-exclusive licence to install AVOYD without payment and
  2. a non-exclusive licence to use AVOYD
  3. if you have a valid and activated Licence Key for AVOYD purchased from Enkisoftware Limited (as and when updates for AVOYD may be released by ENKISOFTWARE in the future) a non-exclusive and non-transferable licence to download one or more such Up-Dates from the Web Site at www.enkisoftware.com subject always to the relevant and applicable Up-Date Licence Agreement.

B. You may not distribute copies of AVOYD or any of its contents.

C. This licence is effective on your installation of AVOYD and shall continue in full force and effect until either:

  1. it is revoked by ENKISOFTWARE (and ENKISOFTWARE undertakes not to revoke this licence without good cause) or
  2. you breach any term of this licence (and you undertake that you will forthwith following breach delete or destroy all copies of AVOYD in your possession or under your control).

D. ENKISOFTWARE acknowledges the rights that may be available to you under your local law as a lawful user of AVOYD including (where part of your local law) and in accepting this licence you agree you will not undertake any adaptation of AVOYD or any modification of AVOYD or any merging of AVOYD with any other software save in the exceptional circumstances that such adaptation or modification or merging is undertaken by you as a lawful user in exercise of a right granted to you under your local law.

E. AVOYD IS PROVIDED " AS IS " WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ENKISOFTWARE DOES NOT WARRANT THAT AVOYD WILL BE ERROR-FREE. ENKISOFTWARE DOES NOT WARRANT THAT AVOYD WILL BE VIRUS-FREE. IN NO EVENT WILL ENKISOFTWARE BE LIABLE FOR ANY LOSS OR ANY DAMAGE INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, LOSS OF SAVINGS, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, LOSS OF DATA OR ANY OTHER DIRECT OR INDIRECT OR SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING EITHER OUT OF THE USE OR THE INABILITY TO USE AVOYD EVEN IF ENKISOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Nothing in this paragraph E shall be construed as excluding a liability where that liability cannot be excluded under your local law and nothing in this paragraph E shall affect your statutory rights under your local law. In all matters save for those appearing in this paragraph E, the law governing this licence shall be the law set down in paragraph F following.

F. This licence shall be governed by the law of England without reference to its rules on conflict of laws. Any difference or dispute arising out of or connected with any term of this licence shall be referred to an English court of competent jurisdiction.

G. If a court of competent jurisdiction finds any provision of the licence to be void or unenforceable for any reason whatsoever then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.

IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS
OF THIS LICENCE, DO NOT DOWNLOAD OR INSTALL AVOYD.