End User License Agreement (EULA)

JumpStart Commercial Product License Agreement (EULA)

The use of the EonClash.com JumpStart Game Engine ("Engine") is governed by this license agreement ("Agreement"). 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. It is important that you print out a copy of this Agreement on your date of acquisition as a record of the governing terms and conditions. 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 products or services based on executables created from the source code of the Engine.

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE ENGINE, THE INDIVIDUAL OR ENTITY ACCESSING THE ENGINE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.

1. LICENSE AGREEMENT

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

2. LICENSE GRANT.

Licensor grants Licensee a single seat to an individual, a limited non-exclusive license to use the JumpStart Game Engine (Engine) for the purposes of making executable electronic single or multi-user products ("Products").

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

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 translations or localizations, other than the Products; (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; (iv) create a Product which is itself a game engine or game-making tool without the express written consent and permission of Eon Clash; or (v) 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.

(c) Licensee may not release Products intended for operation on Game Console Systems including the Microsoft XBox, Sony Playstation 2, Nintendo GameCube, or their successors without first obtaining a separate JumpStart Game Engine Console License from Eon Clash.

4. FEES.

The Commercial license fee for the Engine is $495, with no royalties. Licensee does not need to have any permissions or approvals from Licensor to release, publish, sell, or otherwise exploit Products.

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 LIMITATI