General terms
This is a legally binding license agreement ("license") between you, the uploader of New Works to the Auran Download Station and Auran Games Pty Limited (ABN 73 081 393 311) ("Auran") in relation to Auran's rights to your copyrighted works. This license governs Auran's and, where applicable, its Representatives and Related Entities use of your works.
By uploading New Works to the Auran Download Station, or otherwise using the Auran Download Station, you are deemed to consent to, become bound by, and become a party to all the terms and conditions of this license. If you do not agree to all of the terms and conditions of this agreement, do not upload works to or otherwise use the Auran Download Station. Your continued use of the Auran Download Station is taken as your continued agreement to this license.
- Consideration
In addition to the other obligations in this agreement, the parties enter this agreement in consideration of:
(a) Auran providing you the Auran Download Station service (for such time as it decides in its absolute discretion); and
(b) you granting Auran those rights set out below.
- Auran's rights
2.1 Grant of license
With regard to all your New Works uploaded to the Auran Download Station, you grant to Auran a personal, transferable but non-exclusive license to those New Works in order that Auran can redistribute the New Works to third parties:
(a) by making the New Works available for download from the Auran Download Station for free or for payment;
(b) by including the New Works on a CDROM or DVDROM (or other storage medium) that is made publicly available for sale or that is given away; or
(c) both (a) and (b).
2.2 No conveyance
The grant of the license in clause 2.1 ("Grant of license") is not and cannot be deemed to be a sale, transfer or any other conveyance of your intellectual property rights held in the New Works.
2.3 Rights to remove
Auran retains the right to remove any or all of your New Works from the Auran Download Station at any time and for any reason.
You can contact Auran and request that Auran remove all or any of your New Works from the Auran Download Station but Auran is under no obligation to do so.
- Warranties
You warrant to Auran and its Representatives and Related Entities that the New Works that you upload to the Auran Download Station:
(a) are free from all computer viruses;
(b) do not infringe any copyright, patent, trademark or other intellectual property rights of any person;
(c) do not contain any 3D meshes, textures or other computer files created or distributed by Auran that have not been substantially modified; and
(d) are appropriate for download by all members (including minors) of the Planet Auran community.
- Indemnity
You acknowledge that Auran is in no way responsible for the New Works and can in no way be considered liable for any of their contents. In addition to this limitation, you agree to indemnify Auran for all loss, damage and costs that Auran may suffer or incur arising out of:
(a) Auran's distribution of your New Works; or
(b) in respect of any claim made or legal or regulatory action brought against Auran arising out of or relating to any of your New Works.
Auran does not and will not indemnify you for any loss or damage suffered arising from:
(c) your use of the Auran Download Station;
(d) you uploading New Works to the Auran Download Station; or
(e) Auran allowing third parties to download your New Works.
- Limitation of liability
If Auran is ever found to be liable to you, Auran's liability is limited in all circumstance to one of the following options, as selected by Auran:
(a) removal of the New Work in question from the Auran Download Station; or
(b) supply of a similar service to that of the Auran Download Station.
- General
6.1 No partnership
Nothing contained or implied in this agreement constitutes a party becoming the partner, agent, or legal representative of the other or creates any partnership, agency or trust, and no party has any authority to bind another party in any way.
6.2 Inconsistent law
To the extent permitted by law, this agreement prevails to the extent it is inconsistent with any law.
6.3 Governing law
This agreement is governed by the courts of and law in force in Queensland, Australia.
- Interpretation
These meanings apply unless the contrary intention appears:
Auran Download Station means the website and service maintained and run by Auran that allows people to upload New Works and allows other to download them.
Business Day means a day other than a Saturday, Sunday or public holiday in Brisbane, Australia.
New Work means a computer file (or package of computer files) that can be used in one or more of Auran's or a third party's products to display or edit artistic, musical, literary, cinematographic or other copyrighted works. (For example a 3D model of a train carriage and its associated graphical textures for use in Auran's Trainz product is a New Work).
Planet Auran means that online web service provided by Auran for the users of its websites (with the main website address being www.auran.com).
Related Entity has the meaning it has in the Corporations Act 2001 (Cwth).
Representative of a party means an employee, officer, director or auditor of that party.
This is an agreement.
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