"I'm happy to announce that the full source code for the Medusa Engine is now available for download. I've been wanting to do this for years. My hope is the community can step in and help improve the code and help make new features that we can all share. 

Medusa is being licensed under one of three different licenses depending on how you want to use my source code. In a nutshell, If you want to make money off my source code, then you will have to pay me. If you just want to make games and release them for free or just for fun, the source code and engine is free of charge."

-Richard Lyle Palestar CEO




DarkSpace Source Code License:

---------------------
DarkSpace (c)2009 Palestar Inc

There is no license for DarkSpace. If you have this source code, then you may use it for educational purposes when creating your own game using the Medusa Engine.
---------------------

Medusa License:
---------------------
1 Medusa Engine License
The Medusa Engine is licensed under one of three (3) licenses. What this means in a nutshell, is that your allowed to use our source code in free games for free. If you plan to sell your game, then you will need to subscribe to either the Indie or Professional license.

1.1 Free License
Medusa Engine Free License - End User License Agreement (EULA)
The use of the Palestar Inc Medusa Engine ("Engine") is governed by this license agreement ("Agreement").

These license terms are an agreement between Palestar Inc. and you. Please read them. They apply to the software, game engine, source code, and any other assets or works that are included with the product named above, which includes the media on which you received it, if any. These terms also apply to any updates, supplements, internet-based services, and support services for this software and its associated assets, unless other terms accompany those items. If so, those terms apply. You must read and agree to this Agreement terms BEFORE installing the Engine to your hard drive or using the Engine in any way. If you do not agree to the license terms, do not download, install or use the Engine. Please make copies for all those in your organization who need to be familiar with the license terms.

The "Free" License is intended to be used for games only, by individuals making software to release for free. Any other use is governed by the Medusa Engine Indie or Professional License.

BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING OR USING THIS ENGINE, THE INDIVIDUAL ACCESSING THE ENGINE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL OR USE THIS ENGINE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW:


1. LICENSE AGREEMENT

This sets forth the entire agreement between Palestar Inc. ("Licensor") and the Licensee relating to the use of the Engine binary or source code in hard media form or downloadable from the Licensor website, www.palestar.com, or affiliates.


2. LICENSE GRANT.

Licensor grants Licensee a single "seat" to an individual, a limited non-exclusive, non-transferable license to use the Medusa Engine ("Engine) for the purposes of making source code and object code for an unlimited number of electronic single or multi-user games for entertainment ("Games"). (a) Licensee may publicly distribute, release, publish, and/or transmit any Games created hereunder so long as the game is provided free of charge.


3. RESTRICTIONS.

The following restrictions apply to the use of this Engine:

(a) This license is granted to individuals only, and cannot be owned by corporate or business entities.
(b) Licensee may not: (i) create any derivative works of the Engine, including but not limited to translations, localizations, starter kits, technology add-ons, or game making software other than Games; (ii) reverse engineer, or otherwise attempt to derive the algorithms for the Engine (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Engine; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Engine. (v) Sell and/or exploit games made under this license.

(c) Licensee may not distribute the source code or documentation to the engine in any manner, unless recipient also has a license to the Engine.

(d) Licensee may not be a government contractor, government entity, large corporation, or small company performing subcontract work for any of these entities without obtaining a Professional License. Small companies cannot take royalty advances or development fees from large companies or corporate entities for Games using the Engine without first obtaining a Professional License for all programmers.


4. FEES.

(a) The Medusa Engine Free Game License fee for the Engine is $0 per each programmer using or accessing the source code to the Engine There are no additional royalties. Licensee does not have to show the Games or publish the Games with Palestar Inc.

(b) Licensee agrees to display a full screen, unmodified Medusa Engine logo for no less than four full seconds in the start up sequence of any game created and released with the Engine. This requirement may be waived for an additional fee. Contact [email protected] for details.

(c) Licensee agrees to include in the "About" box or in the credits screen: (i) a link to www.palestar.com, and (ii) the wording "Medusa Engine." This requirement may be waived for an additional fee. Contact [email protected] for details.

(d) Licensor may use Licensee's name in connection with the Games and in any customer reference list or in any press release issued by Licensor regarding the licensing of the Engine.


5. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine.


6. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, 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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.


8. LICENSEES REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorneys fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Games and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.


9. MISCELLANEOUS.

This Agreement may be amended at anytime at the sole discretion of Palestar Inc with proper notice. Non-personal information about the installer's success or failure may be sent to Palestar Inc during the installation. This Agreement shall be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Travis County, Texas, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.


10. LICENSEE OUTSIDE THE U.S.

If Licensee is located outside the U.S., then the provisions of this Section shall apply. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Software, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. The language of this Agreement is English.

---------------------------------------------------------------------------------------------------

1.2 Indie License
Medusa Engine Indie License - End User License Agreement (EULA)
The use of the Palestar Inc Medusa Engine ("Engine") is governed by this license agreement ("Agreement").

These license terms are an agreement between Palestar Inc. and you. Please read them. They apply to the software, game engine, source code, and any other assets or works that are included with the product named above, which includes the media on which you received it, if any. These terms also apply to any updates, supplements, internet-based services, and support services for this software and its associated assets, unless other terms accompany those items. If so, those terms apply. You must read and agree to this Agreement terms BEFORE installing the Engine to your hard drive or using the Engine in any way. If you do not agree to the license terms, do not download, install or use the Engine. Please make copies for all those in your organization who need to be familiar with the license terms.

The "Indie" License is intended to be used for games only, by individuals funding their own game development. Any other use is governed by the Medusa Engine Professional License.

BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING OR USING THIS ENGINE, THE INDIVIDUAL ACCESSING THE ENGINE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL OR USE THIS ENGINE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW:


1. LICENSE AGREEMENT

This sets forth the entire agreement between Palestar Inc. ("Licensor") and the Licensee relating to the use of the Engine binary or source code in hard media form or downloadable from the Licensor website, www.palestar.com, or affiliates.


2. LICENSE GRANT.

Licensor grants Licensee a single "seat" to an individual, a limited non-exclusive, non-transferable license to use the Medusa Engine ("Engine) for the purposes of making source code and object code for an unlimited number of electronic single or multi-user games for entertainment ("Games").

(a) Licensee may publicly sell, distribute, release, publish, transmit and/or exploit any Games created hereunder.

(b) With the exception of the platforms and their respective successors described in Section 3, Licensee may have the Games published by any publisher with no royalties. Licensee may have the games published on PC, Macintosh, or Linux through any downloadable channel or retail distribution (CD / DVD box sales) including but not limited to self-publishing, Games for Windows, Steam, Direct2Drive, RealArcade, Yahoo! Games, PopCap, Big Fish, MSN Games, Pogo. Licensee does not have to offer the Games to Palestar Inc for publication.


3. RESTRICTIONS.

The following restrictions apply to the use of this Engine:

(a) This license is granted to individuals only, and cannot be owned by corporate or business entities.

(b) Licensee may not use the Indie License if the annual revenue of the Company employing, partnering, or affiliated in any way with the Licensee is greater than $250,000 USD annually. Those Companies which grow to greater than $250,000 USD annually are required to upgrade to the Medusa Engine Professional license for each seat of the Medusa Engine being used immediately..

(c) Licensee may not: (i) create any derivative works of the Engine, including but not limited to translations, localizations, starter kits, technology add-ons, or game making software other than Games; (ii) reverse engineer, or otherwise attempt to derive the algorithms for the Engine (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Engine; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Engine.

(d) Licensee may not distribute the source code or documentation to the engine in any manner, unless recipient also has a license to the Engine.

(e) Licensee may not be a government contractor, government entity, large corporation, or small company performing subcontract work for any of these entities without obtaining a Professional License. Small companies cannot take royalty advances or development fees from large companies or corporate entities for Games using the Engine without first obtaining a Professional License for all programmers.


4. FEES.

(a) The Medusa Engine Indie Game License fee for the Engine is $25 per each programmer a quarter using or accessing the source code to the Engine There are no additional royalties. Licensee does not have to show the Games or publish the Games with Palestar Inc.

(b) Licensee agrees to display a full screen, unmodified Medusa Engine logo for no less than four full seconds in the start up sequence of any game created and released with the Engine. This requirement may be waived for an additional fee. Contact [email protected] for details.

(c) Licensee agrees to include in the "About" box or in the credits screen: (i) a link to www.palestar.com, and (ii) the wording "Medusa Engine." This requirement may be waived for an additional fee. Contact [email protected] for details.

(d) Licensor may use Licensee's name in connection with the Games and in any customer reference list or in any press release issued by Licensor regarding the licensing of the Engine.


5. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine.


6. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, 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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.


8. LICENSEES REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorneys fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Games and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.


9. MISCELLANEOUS.

This Agreement may be amended at anytime at the sole discretion of Palestar Inc with proper notice. Non-personal information about the installer's success or failure may be sent to Palestar Inc during the installation. This Agreement shall be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Travis County, Texas, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.


10. LICENSEE OUTSIDE THE U.S.

If Licensee is located outside the U.S., then the provisions of this Section shall apply. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Software, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. The language of this Agreement is English.

---------------------------------------------------------------------------------------------------

1.3 Professional License
Medusa Engine Professional License - End User License Agreement (EULA
The use of the Palestar Inc Medusa Engine ("Engine") is governed by this license agreement ("Agreement").

These license terms are an agreement between Palestar Inc. and you. Please read them. They apply to the software, game engine, source code, and any other assets or works that are included with the product named above, which includes the media on which you received it, if any. These terms also apply to any updates, supplements, internet-based services, and support services for this software and its associated assets, unless other terms accompany those items. If so, those terms apply. You must read and agree to this Agreement terms BEFORE installing the Engine to your hard drive or using the Engine in any way. If you do not agree to the license terms, do not download, install or use the Engine. Please make copies for all those in your organization who need to be familiar with the license terms.

This license allows companies of any size, government entities or individuals to create and release or sell games based on executables created from the source code of the Engine.

BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING OR USING THIS ENGINE, THE INDIVIDUAL ACCESSING THE ENGINE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL OR USE THIS ENGINE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW:


1. LICENSE AGREEMENT

This sets forth the entire agreement between Palestar Inc. ("Licensor") and the Licensee relating to the use of the Engine binary or source code in hard media form or downloadable from the Licensor website, www.palestar.com, or affiliates.


2. LICENSE GRANT.

(a) In accordance with the terms herein, Licensor grants a limited non-exclusive, non-transferable license to the Licensee to use the Engine for the sole purposes of making executable electronic single or multi-user games for entertainment ("Games"). This license is granted specifically to a single individual or a single corporate or business entity only. This license grants only a single seat license per Professional copy purchased, and additional copies must be purchased for each user that will use this software within a business or corporate entity at the rate of one copy/seat per user per year.

(b) With the exception of the platforms and their respective successors described in Section 3, Licensee may have the Games published by any publisher with no royalties. Licensee may have the games published on PC, Macintosh, or Linux through any downloadable channel or retail distribution (CD / DVD box sales) including but not limited to self-publishing, Games for Windows, Steam, Direct2Drive, RealArcade, Yahoo! Games, PopCap, Big Fish, MSN Games, Pogo. Licensee does not have to offer the Games to Palestar Inc for publication.


3. RESTRICTIONS.

The following restrictions apply to the use of this Engine:

(a) Licensee may not: (i) create any derivative works of the Engine, including but not limited to translations, localizations, starter kits, technology add-ons, or game making software other than Games; (ii) reverse engineer, or otherwise attempt to derive the algorithms for the Engine (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Engine; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Engine.

(b) Licensee may not distribute the source code to the engine in any manner, unless recipient also has a license to the Engine.

4. FEES.

(a) The Medusa Engine Professional Game License fee for the Engine is $250 per each programmer a quarter using or accessing the source code to the Engine There are no additional royalties. Licensee does not have to show the Games or publish the Games with Palestar Inc.

(b) Licensee agrees to display a full screen, unmodified Medusa Engine logo for no less than four full seconds in the start up sequence of any game created and released with the Engine. This requirement may be waived for an additional fee. Contact [email protected] for details.

(c) Licensee agrees to include in the "About" box or in the credits screen: (i) a link to www.palestar.com, and (ii) the wording " Medusa Engine." This requirement may be waived for an additional fee. Contact [email protected] for details.

(d) Licensor may use Licensee's name in connection with the Games and in any customer reference list or in any press release issued by Licensor regarding the licensing of the Engine.


5. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine.


6. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, 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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.


8. LICENSEES REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorneys fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Games and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.


9. MISCELLANEOUS.

This Agreement may be amended at anytime at the sole discretion of Palestar Inc with proper notice. Non-personal information about the installer's success or failure may be sent to Palestar Inc during the installation. This Agreement shall be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Travis County, Texas, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.


10. LICENSEE OUTSIDE THE U.S.

If Licensee is located outside the U.S., then the provisions of this Section shall apply. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Software, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. The language of this Agreement is English.
---------------------

Uploaded by JBud @163560
[email protected]