Updated: 02/05/2017

CLAYS TOOLKIT END USER LICENSE AGREEMENT

In order to protect Clays Toolkit (my "Toolkit"), I need these end user license terms to set out some rules for downloading and using my Toolkit. This license is a legal agreement between you and me (Clayton a.k.a. ClayC) and describes the terms and conditions for using the Toolkit. I don't like reading these license agreements any more than you do, so I have tried to keep this as short as possible.

If you break these rules I may stop you from furthur using my Toolkit. If I think it is necessary, I might even have to ask my lawyers to help out. If you download or use my Toolkit, you are agreeing to stick to the rules of these end user license agreement ("EULA") terms.If you don't want to or can't agree to these rules, then you must not download, play or use my Toolkit.

This EULA incorporates the terms of use for the Clays Toolkit website ("Account Terms"), my brand and asset usage guidelines, and my privacy policy. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.

ONE MAJOR RULE

The one major rule is that you must not distribute anything I've made unless I specifically agree to it. By "distribute anything I've made" what I mean is:

unless I specifically agree to it. And so that I are crystal clear, "the Toolkit" or "what I have made" includes, but is not limited to, the mod files and scripts. It also includes updates, patches, add-ons, or modified versions of the Toolkit, part of those things, or anything else I've made.

Otherwise I am quite relaxed about what you do - in fact I really encourage you to do cool stuff - but just don't do those things that I say you can't.

USING THE TOOLKIT

Below I also give you limited rights to do other things but I have to draw a line somewhere or else people will go too far. If you wish to make something pertaining to anything I've made I'm humbled, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything I've made.

When you download my Toolkit, you receive a license that gives you permission to install the Game on your own personal device and use and play it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Toolkit (or any part of it) to anyone else. This also means you cannot sell or rent the Toolkit. You may however offer my Toolkit as an option when hosting or renting servers.

If you've downloaded the Toolkit, you may tweak the codes to better fit your needs, add addition functionality, install more mods alongside the Toolkit, which I will refer to collectively as "Mods", mean something original that you or someone else created that doesn't contain a substantial part of my content. When you combine your Mod with the Toolkit, I will call that combination a "Modded Version" of the Toolkit. I have the final say on what constitutes a Mod and what doesn't. You may not distribute any Modded Versions of my Toolkit or software, and I'd appreciate it if you didn't use Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded Versions of the Game client or server software are not okay to distribute.

Within reason you're free to do whatever you want with screenshots and videos of the Toolkit. By "within reason" I mean that you can't make any commercial use of them or do things that are unfair or adversely affect my rights unless I've specifically said it's okay in this EULA, allowed it through the Brand and Asset Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the Toolkit to video sharing and streaming sites you are however allowed to put ads on them. Also, don't just rip codes or art resources and pass them around, that's no fun.

Essentially the simple rule is do not make commercial use of anything I've made unless I've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or "fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.

In order to ensure the integrity of the Toolkit, I need all Toolkit downloads and updates to come from an authorized source. It's also important for me that 3rd party tools/services don't seem "official" as I can't guarantee their quality. It's part of the responsibility I have to the users of Clays Toolkit.

OWNERSHIP OF MY TOOLKIT AND OTHER THINGS

Although I license you permission to install on your device and play the Toolkit, I am still the owners of it. I am also the owner of my brands and any content contained in the Game. Therefore, when you download the Toolkit, you are downloading a license to use my Toolkit in accordance with this EULA - you are not download the Toolkit itself. The only permissions you have in connection with the Toolkit and your installation of it are the permissions set out in this EULA.

Any Mods you create for the Toolkit from scratch belong to you (including pre-run Mods and in-memory Mods) and you can do whatever you want with them, as long as you don't sell them for money / try to make money from them and as long as you don't distribute Modded Versions of the Toolkit. Remember that a Mod means something that is your original work and that does not contain a substantial part of my code or content. You only own what you created; you do not own my code or content.

CONTENT

If you make any content available on or through my Toolkit, you agree to give me permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let me permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, I may need to copy, reformat, and distribute content that you post on my website / forums so others can read it. If you don't want to give me these permissions, do not make content available on or through my Toolkit. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.

If you are going to make something available on or through my Toolkit, it must not be offensive to people or illegal, it must be honest, it must be your own creation, and also inline with the ECO Terms and Policies. Some examples of the types of things you must not make available using my Toolkit include:

Any content you make available on my Toolkit must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Toolkit that infringes the rights of others.

I reserve the right to take down any content in my discretion.

UPDATES

I might make upgrades, updates or patches (I call them all "Updates") available from time to time, but I don't have to. I am also not obliged to provide ongoing support or maintenance of any Mod. Of course, I hope to continue to release new updates for my Toolkit, I just can't guarantee that I will do so. With updates comes changes that might not work well with other software / Mods. This is unfortunate, but it is something I don't take responsibility for. If that is the case, try running an older version.

LIABILITY AND GOVERNING LAW

The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Toolkit. You might have certain rights which the law that applies to you says cannot be excluded. Nothing I say in these terms will affect those legal rights, even if I say something which sounds like it contradicts your legal rights. That's what I mean when I say "subject to applicable law".

SUBJECT TO APPLICABLE LAW, WHEN YOU GET A COPY OF MY TOOLKIT, I PROVIDE IT "'AS IS"'. UPDATES ARE ALSO PROVIDED "'AS IS"'. THIS MEANS THAT I AM NOT MAKING ANY PROMISES TO YOU ABOUT THE STANDARD OR QUALITY OF MY TOOLKIT, OR THAT MY TOOLKIT WILL BE UNINTERRUPTED OR ERROR FREE. I AM NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IT MAY CAUSE. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. YOU HAVE TO ACCEPT THAT I MAY RELEASE TOOLKITS WELL BEFORE THEY ARE COMPLETE AND SO THEY MAY (AND OFTEN WILL) HAVE BUGS -BUT I PREFER TO RELEASE THESE FEATURES EARLY THAN MAKE YOU WAIT FOR PERFECTION. IF YOU WOULD LIKE TO NOTIFY US ABOUT A POTENTIAL BUG, YOU CAN REACH OUT ON THE OFFICIAL THREADS OR EMAILS PROVIDED ON THE WEBSITE.

The laws of the country where you have your habitual residence govern this EULA and all disputes, including disputes relating to it, my Toolkit, or my Website, regardless of conflict of laws principles.

TERMINATION

If I want, I can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Toolkit and delete all files and any code referencing or built off it, from your device(s) and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Toolkit given in this license. The paragraphs about "Ownership of My Toolkit", "Liability" and "General Stuff" will continue to apply even after the EULA is terminated.

GENERAL STUFF

Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. Nothing in this license limits my liability for death or bodily injury resulting from my negligence or fraudulent misrepresentations.

I may change this EULA from time to time, if I have reason to, such as changes to my toolkit, my practices, or my legal obligation. But those changes will be effective only to the extent that they can legally apply. For example if you use the Toolkit only in single-player mode and don't use the updates I make available then the old EULA applies, but if you do use the updates or use parts of the Toolkit that rely on my providing ongoing online services then the new EULA will apply. In that case I'll inform you of the change before it takes effect, either by posting a notice on my Website or by other reasonable means. I am not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the Toolkit and I therefore need to put a lid on it.

If you come to me with a suggestion for any one of my Websites or Toolkits, that suggestion is made for free and I have no obligation to accept or consider it. This means I can use or not use your suggestion in any way I want and I don't have to pay you for it. If you think you have a suggestion that I would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and I have responded in writing by asking you to submit the suggestion.

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