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End User License and Warranty Agreement issued by BeamNG GmbH, Domshof 17, 28195 Bremen ("BeamNG").
If you do not agree with the terms of this Agreement, you may not download, install or use the software program (“Software”). The Software, any online or electronic documentation, and all copies are copyrighted work of which BeamNG, its subsidiaries, licensors and/or its suppliers are the Rightsholder.
This Software program ("Software"), any online or electronic documentation, and all copies are the copyrighted work of BeamNG, its subsidiaries, licensors and/or its suppliers.
All right, title, interest and ownership rights at / in the Software and any copyright, design right, database right, title right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered), other intellectual property rights (together "Intellectual Property Rights"), and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights and any related documentation) are owned by, belong to and vest in BeamNG or its licensors. All rights are asserted and reserved. The Software may contain certain licensed materials and BeamNG's licensors may act to protect their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
2.1 BeamNG cannot ensure that the operation of the Software will be uninterrupted or error free or that errors can be corrected. The Software is provided “as is”.
2.2 Also BeamNG cannot ensure the compatibility of the Software with other software. BeamNG excludes responsibility for damages resolution from interaction of the Software with other software. You are solely responsible for ensuring that your hardware specifications meets BeamNG’s current recommended hardware and software system requirements.
2.3 BeamNG may, at its option, make available patches, workarounds, or other updates to this Software (“Updates”). Unless the Updates are provided with separate governing terms, they are deemed part of the Software licensed to you. The updates will either be made available on the Internet for you to download or be automatically sent to you as BeamNG decides. You agree that the form and content of the Software that BeamNG provides may change without prior notice. While BeamNG generally maintains compatibility between versions, BeamNG may in some cases make changes that introduce incompatibilities in future versions of the Software.
3.1 BeamNG, hereby grants, and by downloading, installing and using the Software you thereby accept, a limited, non-exclusive license and right to install the Software ("License"). You may not use it on more than one computer at the same time. The Software is licensed, not sold. Your License confers no title or ownership in the Software.
3.2 In case you and BeamNG together develop code for another software independent from the Software (e.g. to interact with the Software), this relationship will be governed by a separate agreement. This Agreement does not grant any rights in this regard.
3.3 The License in this Agreement does not grant the right to modify the source code of the Software, not to integrate parts of the Software or the Software as a whole into another work except if permitted in our modding guidelines: https://beamng.com/game/support/policies/modding-guidelines/.
3.4 Unless otherwise agreed to by BeamNG in writing, the License is granted to you is limited to the country in which you purchased the Software. Especially global sharing of a centrally installed Software is not permitted.
3.5 All rights no expressly granted herein are reserved by BeamNG.
3.6 Military or governmental use is not covered by the License. Purposes not covered by the License may be licensed by BeamNG under a separate license agreement. Please contact BeamNG in such a case via email: http://mailto:licensing@beamng.gmbh.
4.1 Unless this Agreement expressly entitles you to do so in § 2 and § 3 you are not entitled to:
4.2 Unless expressly and separately approved by Licensor BeamNG in writing, you are in no case entitled to:
4.3 You must back-up to another secure location, on a regular basis, any data files concerning your use of the Software as BeamNG has no liability for lost or corrupted data.
In case of BeamNG’s written approval, you may permanently transfer all of your rights under this Agreement, provided the recipient agrees to the terms of this Agreement. In case of transferal of License, you agree to remove the Software from your device.
6.1 This Agreement is effective until terminated. You may terminate the Agreement at any time by deleting and removing the Software from all your computer systems.
6.2 This License will terminate automatically if you fail to abide by any of the terms and conditions. BeamNG may additionally, at its discretion, give notice to terminate this Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein.
6.3 In the event of termination, you must immediately destroy and erase the Software and all copies in your control and stored on any media whatsoever and on BeamNG's request certify that you have done so.
## § 7 Export Controls
The Software may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which EU or the US have an embargo in force.
You agree to indemnify, defend and hold BeamNG and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Software otherwise than in accordance with the terms of this Agreement.
9.1 BeamNG does not warrant that the operation of the Software will be uninterrupted or error free or that errors can be corrected. The Software is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of BeamNG's liability, warranties and your remedies. To the maximum extent permitted by law, BeamNG excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. To the maximum extent permitted by applicable law BeamNG expressly disclaims any warranty for the Software and manual(s). The Software and manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
9.2 BeamNG does not warrant compatibility of the Software with other software. BeamNG excludes responsibility for damages resolution from interaction of the Software with other software.
10.1 The Software and documentation are provided without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
10.2 In case of ordinary or slight negligence, BeamNG and its licensors shall be liable only for breaches of a material contractual obligation, i. e. of an obligation which is indispensable for the attainment of the contract purpose and which you must therefore be able to rely upon.
10.3 In case of ordinary or slight negligence this case, BeamNG and its licensors liability shall be limited to the typical, foreseeable damages. Especially BeamNG is, to the maximum extent permitted by law shall not be liable for any lack of commercial success, lost profits and indirect damages and for the risks connected with damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Software, even if it has been advised of the possibility of such loss.
10.4 In case of ordinary or slight negligence, BeamNG and its licensors, to the maximum extent permitted by law shall not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Software has been modified in any manner (not by BeamNG or its licensors). The same applies for computations of a software or algorithm which was developed on the basis of data provided by the Software.
11.1 User Generated content shall be defined as any kind of content that is generated by the user within or for the Software including, but not limited to replays, skins, textures, mods, lap times, leaderboard entries, etc.
11.2 If you create, transfer, share, send, submit, post or upload any User Generated Content you will still own the User Generated Content (assuming you have rights to own it) but you grant BeamNG the right to use your User Generated Content to the extent outlined below without the need of further permission or without any form of compensation. By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on beamng.com or any of BeamNG’s services, you grant BeamNG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store the User Generated Content, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed and for the entire duration of the intellectual property rights. If BeamNG sells the User Generated Content or integrates it into its software, BeamNG will compensate the creators and will conclude a separate license agreement with them. BeamNG is not obliged to use or distribute your User Generated Content.
11.3 With respect to BeamNG you waive any moral rights you might have with respect to any User Generated Content you provide to BeamNG.
11.4 The user should not setup special usage terms or license fees if the User Generated Content is distributed or advertised within the beamng.com website and services of BeamNG.
11.5 In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet, you acknowledge that other users may use, copy and archive your User Generated Content and create derivate works.
11.6 BeamNG is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user, you are responsible for contacting other users directly, do not contact BeamNG.
11.7 As creator of User Generated Content you are obliged to follow BeamNG's instructions to fix bugs in the User Generated Content if you want your User Generated Content to be released to the public on BeamNG's website. You may however choose at any point to remove User Generated Content from the beamng.com website. Your removal will not affect any rights of any user who has already obtained access to a copy of your User Generated Content.
11.8 The creator of User Generated Content is responsible to keep the User Generated Content up-to-date with any features of the Software. BeamNG reserves the right to modify the Software, which may result in User Generated Content not working anymore. It is not in BeamNG's responsibility to fix User Generated Content.
11.9 BeamNG reserves the right to modify, reupload, change or take down the User Generated Content without further notice and without reason.
11.10 You are responsible for the User Generated Content that you uploaded and warrant that the same does not infringe third parties' intellectual property or other rights and that the User Generated Content does not violate any laws in any country. You agree to indemnify defend and hold BeamNG harmless from any claims, costs or expenses (including legal expenses) arising from a violation of this clause.
The Software's chat system is not monitored or moderated. BeamNG is not responsible for any text/content distributed within.
The Agreement constitutes the entire agreement between you and BeamNG regarding the Software. BeamNG is entitled to change the Agreement with effect for a future date. BeamNG will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Agreement when you log in to the relevant Software’s platform or via in Software messages or by e-mail to your most recently notified e-mail address. The Agreement is considered accepted if you do not object to them in writing or in text form (e. g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Software and your own name in the subject line. If you do not object to the changed Agreement towards us within the Objection Deadline or you continue to use the Software despite access to the notification concerning changes, the changed or supplementary Agreement becomes effective. If you object within the deadline, both you and BeamNG are entitled to duly terminate the Agreement and after the expiry of a possible notice period, to delete the account. Any fees paid in advance shall not be refunded. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them the Software, this Agreement is subject to German Law. The courts of Hamburg, Germany have exclusive jurisdiction over disputes arising from this Agreement.
© 2022 BeamNG GmbH
If you do not agree with the terms of this Agreement, you may not download, install or use the software program (“Software”). The Software, any online or electronic documentation, and all copies are copyrighted work of which BeamNG, its subsidiaries, licensors and/or its suppliers are the Rightsholder.
This Software program ("Software"), any online or electronic documentation, and all copies are the copyrighted work of BeamNG, its subsidiaries, licensors and/or its suppliers.
§ 1 Ownership
All right, title, interest and ownership rights at / in the Software and any copyright, design right, database right, title right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered), other intellectual property rights (together "Intellectual Property Rights"), and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights and any related documentation) are owned by, belong to and vest in BeamNG or its licensors. All rights are asserted and reserved. The Software may contain certain licensed materials and BeamNG's licensors may act to protect their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
§ 2 BeamNG’s obligations
2.1 BeamNG cannot ensure that the operation of the Software will be uninterrupted or error free or that errors can be corrected. The Software is provided “as is”.
2.2 Also BeamNG cannot ensure the compatibility of the Software with other software. BeamNG excludes responsibility for damages resolution from interaction of the Software with other software. You are solely responsible for ensuring that your hardware specifications meets BeamNG’s current recommended hardware and software system requirements.
2.3 BeamNG may, at its option, make available patches, workarounds, or other updates to this Software (“Updates”). Unless the Updates are provided with separate governing terms, they are deemed part of the Software licensed to you. The updates will either be made available on the Internet for you to download or be automatically sent to you as BeamNG decides. You agree that the form and content of the Software that BeamNG provides may change without prior notice. While BeamNG generally maintains compatibility between versions, BeamNG may in some cases make changes that introduce incompatibilities in future versions of the Software.
§ 3 Scope of License
3.1 BeamNG, hereby grants, and by downloading, installing and using the Software you thereby accept, a limited, non-exclusive license and right to install the Software ("License"). You may not use it on more than one computer at the same time. The Software is licensed, not sold. Your License confers no title or ownership in the Software.
3.2 In case you and BeamNG together develop code for another software independent from the Software (e.g. to interact with the Software), this relationship will be governed by a separate agreement. This Agreement does not grant any rights in this regard.
3.3 The License in this Agreement does not grant the right to modify the source code of the Software, not to integrate parts of the Software or the Software as a whole into another work except if permitted in our modding guidelines: https://beamng.com/game/support/policies/modding-guidelines/.
3.4 Unless otherwise agreed to by BeamNG in writing, the License is granted to you is limited to the country in which you purchased the Software. Especially global sharing of a centrally installed Software is not permitted.
3.5 All rights no expressly granted herein are reserved by BeamNG.
3.6 Military or governmental use is not covered by the License. Purposes not covered by the License may be licensed by BeamNG under a separate license agreement. Please contact BeamNG in such a case via email: http://mailto:licensing@beamng.gmbh.
§ 4 Limitations of License
4.1 Unless this Agreement expressly entitles you to do so in § 2 and § 3 you are not entitled to:
- sell, distribute or otherwise transfer copies or reproductions of the Software to other parties in any way, nor to rent, lease or license the Software to others without the prior written consent of BeamNG; or
- use, copy, transfer or distribute the Software or part of it other than as permitted by this Agreement;
- use, assign, rent, loan, charge or otherwise deal in the Software or any part or interest therein or under this Agreement except as expressly provided herein;
4.2 Unless expressly and separately approved by Licensor BeamNG in writing, you are in no case entitled to:
- use the Software for any illegal purposes;
- remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Software;
- export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
- in whole or in part, reverse engineer, merge, translate, disassemble or decompile the Software (Modding of the Software’s content files is not reverse engineering),
- otherwise use, copy, transfer or distribute the Software or part of it except as expressly permitted by this Agreement or in any manner which is inconsistent with this Agreement,
- exploit the Software or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site,
- without further license, use the Software, or permit the use of the Software, on more than one device at the same time (however, the Software may be installed on several devices);
- separate component parts for use. The Software is licensed to you as a single product. Some source files might be licensed differently.
- remove or alter BeamNG’s logos (including BeamNG.drive and BeamNG.tech logos) on all user interfaces of the Software. It is permitted, however, to employ a skin which displays your logos and your chosen interface as long as our logos are included in at least the same size as your logo.
- use modding except if permitted use our modding guidelines: https://beamng.com/Software/support/policies/modding-guidelines/
- A breach of the preceding obligations entails BeamNG's right to terminate this Agreement for any cause.
4.3 You must back-up to another secure location, on a regular basis, any data files concerning your use of the Software as BeamNG has no liability for lost or corrupted data.
§ 5 Transfer of License
In case of BeamNG’s written approval, you may permanently transfer all of your rights under this Agreement, provided the recipient agrees to the terms of this Agreement. In case of transferal of License, you agree to remove the Software from your device.
§ 6 Termination
6.1 This Agreement is effective until terminated. You may terminate the Agreement at any time by deleting and removing the Software from all your computer systems.
6.2 This License will terminate automatically if you fail to abide by any of the terms and conditions. BeamNG may additionally, at its discretion, give notice to terminate this Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein.
6.3 In the event of termination, you must immediately destroy and erase the Software and all copies in your control and stored on any media whatsoever and on BeamNG's request certify that you have done so.
## § 7 Export Controls
The Software may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which EU or the US have an embargo in force.
§ 8 Indemnification
You agree to indemnify, defend and hold BeamNG and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Software otherwise than in accordance with the terms of this Agreement.
§ 9 Limited Warranty
9.1 BeamNG does not warrant that the operation of the Software will be uninterrupted or error free or that errors can be corrected. The Software is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of BeamNG's liability, warranties and your remedies. To the maximum extent permitted by law, BeamNG excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. To the maximum extent permitted by applicable law BeamNG expressly disclaims any warranty for the Software and manual(s). The Software and manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
9.2 BeamNG does not warrant compatibility of the Software with other software. BeamNG excludes responsibility for damages resolution from interaction of the Software with other software.
§ 10 Limitation of Liability
10.1 The Software and documentation are provided without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
10.2 In case of ordinary or slight negligence, BeamNG and its licensors shall be liable only for breaches of a material contractual obligation, i. e. of an obligation which is indispensable for the attainment of the contract purpose and which you must therefore be able to rely upon.
10.3 In case of ordinary or slight negligence this case, BeamNG and its licensors liability shall be limited to the typical, foreseeable damages. Especially BeamNG is, to the maximum extent permitted by law shall not be liable for any lack of commercial success, lost profits and indirect damages and for the risks connected with damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Software, even if it has been advised of the possibility of such loss.
10.4 In case of ordinary or slight negligence, BeamNG and its licensors, to the maximum extent permitted by law shall not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Software has been modified in any manner (not by BeamNG or its licensors). The same applies for computations of a software or algorithm which was developed on the basis of data provided by the Software.
§ 11 License to BeamNG and other users for User Generated Content
11.1 User Generated content shall be defined as any kind of content that is generated by the user within or for the Software including, but not limited to replays, skins, textures, mods, lap times, leaderboard entries, etc.
11.2 If you create, transfer, share, send, submit, post or upload any User Generated Content you will still own the User Generated Content (assuming you have rights to own it) but you grant BeamNG the right to use your User Generated Content to the extent outlined below without the need of further permission or without any form of compensation. By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on beamng.com or any of BeamNG’s services, you grant BeamNG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store the User Generated Content, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed and for the entire duration of the intellectual property rights. If BeamNG sells the User Generated Content or integrates it into its software, BeamNG will compensate the creators and will conclude a separate license agreement with them. BeamNG is not obliged to use or distribute your User Generated Content.
11.3 With respect to BeamNG you waive any moral rights you might have with respect to any User Generated Content you provide to BeamNG.
11.4 The user should not setup special usage terms or license fees if the User Generated Content is distributed or advertised within the beamng.com website and services of BeamNG.
11.5 In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet, you acknowledge that other users may use, copy and archive your User Generated Content and create derivate works.
11.6 BeamNG is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user, you are responsible for contacting other users directly, do not contact BeamNG.
11.7 As creator of User Generated Content you are obliged to follow BeamNG's instructions to fix bugs in the User Generated Content if you want your User Generated Content to be released to the public on BeamNG's website. You may however choose at any point to remove User Generated Content from the beamng.com website. Your removal will not affect any rights of any user who has already obtained access to a copy of your User Generated Content.
11.8 The creator of User Generated Content is responsible to keep the User Generated Content up-to-date with any features of the Software. BeamNG reserves the right to modify the Software, which may result in User Generated Content not working anymore. It is not in BeamNG's responsibility to fix User Generated Content.
11.9 BeamNG reserves the right to modify, reupload, change or take down the User Generated Content without further notice and without reason.
11.10 You are responsible for the User Generated Content that you uploaded and warrant that the same does not infringe third parties' intellectual property or other rights and that the User Generated Content does not violate any laws in any country. You agree to indemnify defend and hold BeamNG harmless from any claims, costs or expenses (including legal expenses) arising from a violation of this clause.
§ 12 Chat System
The Software's chat system is not monitored or moderated. BeamNG is not responsible for any text/content distributed within.
§ 13 Miscellaneous
The Agreement constitutes the entire agreement between you and BeamNG regarding the Software. BeamNG is entitled to change the Agreement with effect for a future date. BeamNG will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Agreement when you log in to the relevant Software’s platform or via in Software messages or by e-mail to your most recently notified e-mail address. The Agreement is considered accepted if you do not object to them in writing or in text form (e. g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Software and your own name in the subject line. If you do not object to the changed Agreement towards us within the Objection Deadline or you continue to use the Software despite access to the notification concerning changes, the changed or supplementary Agreement becomes effective. If you object within the deadline, both you and BeamNG are entitled to duly terminate the Agreement and after the expiry of a possible notice period, to delete the account. Any fees paid in advance shall not be refunded. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
§ 14 Applicable Law
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them the Software, this Agreement is subject to German Law. The courts of Hamburg, Germany have exclusive jurisdiction over disputes arising from this Agreement.
§ 15 Contact
- BeamNG GmbH
- Domshof 17
- 28195 Bremen, Germany
- http://mailto:support@beamng.com
© 2022 BeamNG GmbH