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LICENSE FOR USE OF CUSTOMER "SIM" BY STAGECAST
This License for Use of Customer Sim by Stagecast ("Agreement") is entered into, as of the date submitted, between Stagecast Software, Inc. ("Stagecast"), a California corporation whose mailing address is 1325 Howard Avenue #705, Burlingame, CA 94010-4212, and the person or entity that submits this form ("You" or "Your").
If You are under the age of 18 at the time of signing this Agreement, or otherwise not capable of entering into a contract because of Your age, the permission of Your parent or legal guardian ("Parent") is required for You to enter into this Agreement. In that case, Your Parent will also be party to this Agreement, and will provide the legally binding consent to Your being a party to this Agreement.
PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "I ACCEPT" BUTTON, AS BY CLICKING ON THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT.
IF YOU DO NOT AGREE TO ALL THESE TERMS, STAGECAST IS UNWILLING TO ENTER INTO THIS AGREEMENT, AND YOU SHOULD CLICK ON THE "I DO NOT ACCEPT" BUTTON TO DISCONTINUE THIS PROCESS.
NOTE: Please do not submit any Sim that is defamatory, threatening, harassing, scandalous, offensive, vulgar, obscene or pornographic. It will not be published. Also, at this time, we are only accepting educational sims, not games.
WHEREAS, Stagecast owns or has licensed certain computer software that enables users to create computer games, simulations or other works called "sims" or "worlds" (and herein called "Sims"). Stagecast also distributes Sims on CD-ROM and through networks, and maintains an online Internet web site (the "Stagecast Web Site") wherein users can post Sims. Stagecast may wish to authorize operators of other web sites ("Third Party Web Sites") to post Sims at those sites; and;
WHEREAS, You desire to license Stagecast to post Your Sim at the Stagecast Web Site and authorize the posting of your Sim at Third Party Web Sites;
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and for other good and valuable consideration, the parties to this Agreement, intending to be legally bound, agree as follows:
- SUBMISSION OF SIM. In consideration for Stagecast's willingness to consider publication of your Sim at the Stagecast Web Site or Third Party Web Sites or both, you shall deliver to Stagecast each Sim that You wish to submit to Stagecast. You can submit such Sim(s) via Stagecast's Web Site (at http://www.stagecast.com).
- CONTENT AND ORIGINALITY OF SIM. You represent that You are the sole author of the Sim, and that the Sim is your original work, not copied or plagiarized from any other source. You are under no obligation to submit any Sim, but each Sim that You do submit shall be subject to the terms of this Agreement.
- OWNERSHIP. You shall retain all right, title and interest in and to each Sim.
- LICENSE. You hereby grant to Stagecast a perpetual royalty-free, nonexclusive, worldwide, fully transferable and assignable license, with all rights of sublicense, under all current and future intellectual property rights owned or licensable by You, to use, execute, copy, publicly perform, and publicly display each Sim and to create derivative works of each Sim (each a "Derivative Sim"). The new work in any Derivative Sim (but not the underlying Sim itself) will be owned by the person who creates the Derivative Sim, not by You.
- RESERVATION OF RIGHTS. Stagecast reserves the right to edit, modify, or amend Your Sim, or to authorize others to do so, either before publishing or after it has been published. Stagecast also reserves the right not to publish Your Sim for any reason, or no reason, in its sole discretion.
- NO CONFIDENTIAL INFORMATION; NO FEES. Nothing submitted by You under this Agreement will be treated as confidential, except as expressly stated in the Stagecast privacy policy as it may be modified from time to time. That privacy policy is available at the Stagecast Web Site. There shall be no fees, royalties, payments or other amounts due from Stagecast or its licensees or sublicensees under this Agreement to You, Your Parent (if a party to this Agreement) or to any third party.
- GENERAL. If any provision of this Agreement is held to be unenforceable, that provision shall be removed and the remaining provisions shall remain in full force. If this Agreement is held to be unenforceable against You, and Parent is a party to the Agreement, the Agreement will remain in effect as between Stagecast and Parent. This Agreement is the complete and exclusive statement of the agreement between Stagecast, You and Your Parent (if a party to this Agreement), which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement, including but not limited to any agreement accepted by You on a Stagecast Web Site.
IMPORTANT: FILL OUT THE LEFT-HAND PORTION OF THE AGREEMENT ONLY IF YOU ARE 13 YEARS OF AGE OR OLDER. STAGECAST DOES NOT WANT TO COLLECT ANY PERSONAL INFORMATION ABOUT YOU IF YOU ARE YOUNGER THAN AGE 13. ALSO, IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOU WILL NEED TO HAVE YOUR PARENT OR GUARDIAN FILL OUT THE RIGHT-HAND PORTION OF THE AGREEMENT. IF STAGECAST DOES NOT HAVE THAT PARENTAL CONSENT, WE WILL NOT USE YOUR SIM.
BY CLICKING ON THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU AND YOUR PARENT (IF A PARTY TO THIS AGREEMENT) HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT.
Revised September 5, 2001.
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