End User License Agreement

This End-User License Agreement (herein referred to as the ‘Agreement’) is a legal agreement between you (herein referred to as the "User") and Pierce Morgan Limited for the use of the RPGXplorer OGL Edition software product (herein referred to as the ‘Software’).

By downloading or otherwise acquiring the installation package, installing, accessing or otherwise using the Software, User agrees to be bound by the terms of this EULA. If User does not accept and agree to the terms and conditions of this EULA, Pierce Morgan Ltd. is unwilling to license the Software to the User. If you do agree with the licensing terms do not install or use the Software and delete the Software from your computer or network in its entirety.

All references to the Software refer to an installation of the Software using a valid registration key purchased legitimately by the User.

Open Gaming License
The Software uses data under license from Wizards of the Coast Inc.

This data is contained solely within the XML and HTML files provided with the application.

The XML and HTML files themselves, the layout and formatting of the HTML pages and all the XML schemas implied in the database files and other files are NOT OPEN CONTENT and are expressly the intellectual property and copyright of Pierce Morgan Ltd.

You may extract open-content text from these files under the terms of the OGL but you may not distribute the files themselves.

The application executable itself and all files (that are not 3rd party software libraries, image files or sound files), it’s proprietary technology, documentation and artwork are expressly the intellectual property and copyright of Pierce Morgan Ltd. and all rights are reserved.

A copy of the OGL can be found within the Software by following one of a number of clearly labelled links.

Further references in this EULA to the ‘Software’ refer to the application executable and all files (that are not 3rd party software libraries, image files or sound files), it’s proprietary technology artwork and documentation. The term 'Software' does not include OGL data used under license as described previously but does refer to the enclosing XML, HTML and the corresponding files themselves.

Unofficial Edits and Reorganization

Some of the data used under the OGL has been edited or re-organized. These changed are unofficial and are not endorsed by Wizards of the Coast Inc.

Third Party Components
The Software contains technology used under license from DevExpress, Desaware and Skybound. This EULA in no way grants any rights whatsoever to extract this technology or otherwise use it in any way except as provided in the functionality provided by Pierce Morgan Ltd. in the Software.

Ownership And Grant Of License
The Software is licensed, not sold. The Software is the sole property of Pierce Morgan Ltd. and is protected by all applicable intellectual property and contract laws, including but not limited to laws relating to patent, copyright and trademark laws, and by applicable international treaties and trade provisions. Any breach of Pierce Morgan’s rights as the sole owner of the Software and all intellectual property rights contained therein and in the Software may subject the offender to civil and criminal penalties, including fine and/or imprisonment.

This EULA grants User the non-exclusive right to:

Install and use the Software on up to 3 machines concurrently (at the same time) for their own use.

In the event that any provision of this EULA is breached by User the license granted by this EULA shall automatically terminate.

Prohibitions

User may not reverse engineer, modify, or otherwise tamper with the Software.
User may not install and use the Software on any machine where they will not be the primary user of the Software.
User must not have the software installed on more than 3 machines concurrently (at the same time).
User may not breach the Open Gaming License in their use of the Software.

License Security Technology (Registered)
The Software uses licensing technology from Desaware. Registration keys are validated upon entry and if connected to the internet a small amount of information about your machine is sent to our key database.

An internet connection is not required to validate your key nor is it required to use the software. If you are unhappy about information being sent in this way make sure that your firewall is configured appropriately, this will not affect your use of the software in any way.

This information cannot be used to identify your machine and is not used by Pierce Morgan Ltd. in any way, it is simply a requirement of the security component used and cannot be switched off.

License Security Technology (Trial)
To use the software in trial mode requires an internet connection. A small amount of information about your machine is sent to our trial database.

This information cannot be used to identify your machine and is not used by Pierce Morgan Ltd. in any way, it is simply a requirement of the security component used and cannot be switched off.

Warranty And Disclaimer
We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.

Liability
Our liability to you for any losses shall not exceed the amount you originally paid for the Software.

In no event will we be liable to you for any indirect or consequential damages, or loss of profit, even if we have been advised of the possibility of such damages. In particular, we accept no liability for any data made or stored with the Software nor for the costs of recovering or replacing such data.

Nothing in this Agreement limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.

You acknowledge and agree that the limitations contained in this clause are reasonable in the light of all the circumstances.

Termination
The Agreement and the licence granted to use the Software automatically terminates if you:

Fail to comply with any provisions of this Agreement.
Destroy the copies of the Software in your possession.

In the event of termination you must destroy or delete all copies of the Software from all storage media in your control.

Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Entire agreement
You have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the Agreement between us with respect to the subject matter of this Agreement.

Waiver
Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this licence nor prejudice that party's right to take subsequent action.

Law and disputes
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Scotland whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Scotland.

If you have any questions about this Agreement, please contact customer services