Download Station License Agreement - Revision history

N3vpolsen: Replaced content with "The License Agreement governing upload access to the Download Station has been moved to the [https://www.trainzsimulator.com/mytrainz-agreement MyTrainz agreement]."

2024-02-05T06:54:38Z

Replaced content with "The License Agreement governing upload access to the Download Station has been moved to the [https://www.trainzsimulator.com/mytrainz-agreement MyTrainz agreement]."

← Older revision		Revision as of 06:54, 5 February 2024
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	The ~~following text is a copy of the~~ License Agreement governing upload access to the [[Download Station]]~~. This text is included on this page for informational purposes.~~		The License Agreement governing upload access to the [[Download Station]] has been moved to the [https://www.trainzsimulator.com/mytrainz-agreement MyTrainz agreement].


	~~'''N3V Content Creation and Distribution Policy'''~~

	~~__TOC__~~

	~~'''General terms'''~~

	~~This is a legally binding license agreement ("license") between you, the uploader of New Works~~ to the Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V's and, where applicable, its Representatives and Related Entities use of your works. By uploading New Works to the Download Station, or otherwise using the 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 Download Station. Your continued use of the 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) N3V providing you the Download Station service (for such time as it decides in its absolute discretion); and~~

	~~:(b) you granting N3V those rights set out below.~~

	~~==N3V's rights==~~

	~~===Grant of license===~~
	With regard to all your New Works uploaded to the Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V can redistribute the New Works to third parties:

	~~:(a) by making the New Works available for download from the 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)~~.

	~~===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.~~

	~~===Rights to remove===~~
	~~N3V retains the right to remove any or all of your New Works from the Download Station at any time and for any reason.~~

	~~You can contact N3V and request that N3V remove all or any of your New Works from the Download Station but N3V is under no obligation to do so.~~

	~~===Faulty content===~~
	~~We grant any MyTrainz account permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re~~-~~upload it.~~

	~~You are not permitted to fundamentally change the content beyond what is necessary to make it compatible with the latest versions of Trainz.~~

	~~==Warranties==~~

	~~You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the 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 N3V that have not been substantially modified; and~~

	~~:(d) are appropriate for download by all members (including minors) of the~~ MyTrainz ~~community.~~

	~~==Indemnity==~~

	~~===Limitation of Liability and Indemnity to N3V===~~
	You acknowledge that N3V 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 N3V for all loss, damage and costs that N3V may suffer or incur arising out of:

	~~:(a) N3V's distribution of your New Works; or~~

	~~:(b) in respect of any claim made or legal or regulatory action brought against N3V arising out of or relating to any of your New Works.~~

	~~===No Indemnity by N3V===~~
	~~N3V does not and will not indemnify you for any loss or damage suffered arising from:~~

	~~:(a) your use of the Download Station;~~

	~~:(b) you uploading New Works to the Download Station; or~~

	~~:(c) N3V allowing third parties to download your New Works.~~

	~~==Limitation of liability==~~

	~~If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V:~~

	~~:(a) removal of the New Work in question from the Download Station; or~~

	~~:(b) supply of a similar service to that of the Download Station.~~

	~~==General==~~

	~~===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.~~

	~~===Inconsistent law===~~
	~~To the extent permitted by law, this agreement prevails to the extent it is inconsistent with any law.~~

	~~===Governing law===~~
	This License is governed by and construed in accordance with the laws of Queensland, Australia and by using the Software you submit to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.

	~~==Interpretation==~~

	~~These meanings apply unless the contrary intention appears:~~

	~~'''Download Station''': means the website and service maintained and run by N3V 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 N3V'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 N3V's Trainz product is a New Work).

	~~'''MyTrainz''': means that online web service previously provided by N3V for the users of its websites (with the main website address being www.mytrainz.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.~~

	~~==Contact Details==~~

	~~N3V can be contacted at:~~

	~~:N3V Games Pty Ltd~~
	~~:P.O. Box 644~~
	~~:Helensvale QLD 4212~~
	~~:Australia~~

	~~Contact Support at: support.trainzportal.com~~

	~~Copyright 2015 N3V Games Pty Ltd. All Rights Reserved~~.


	~~[[Category:Licenses]]~~

N3vpolsen: /* Faulty content */

2015-10-15T22:55:35Z

Faulty content

← Older revision		Revision as of 22:55, 15 October 2015
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	We grant any MyTrainz account permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re-upload it.		We grant any MyTrainz account permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re-upload it.

	You are not permitted to fundamentally change the content beyond what is necessary ~~for~~ the ~~repairs~~.		You are not permitted to fundamentally change the content beyond what is necessary to make it compatible with the latest versions of Trainz.

	==Warranties==		==Warranties==

N3vpolsen at 22:51, 15 October 2015

2015-10-15T22:51:55Z

← Older revision		Revision as of 22:51, 15 October 2015
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	'''General terms'''		'''General terms'''

	This is a legally binding license agreement ("license") between you, the uploader of New Works to the ~~Auran~~ Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V'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.		This is a legally binding license agreement ("license") between you, the uploader of New Works to the Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V's and, where applicable, its Representatives and Related Entities use of your works. By uploading New Works to the Download Station, or otherwise using the 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 Download Station. Your continued use of the Download Station is taken as your continued agreement to this license.

	==Consideration==		==Consideration==
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	In addition to the other obligations in this agreement, the parties enter this agreement in consideration of:		In addition to the other obligations in this agreement, the parties enter this agreement in consideration of:

	:(a) N3V providing you the ~~Auran~~ Download Station service (for such time as it decides in its absolute discretion); and		:(a) N3V providing you the Download Station service (for such time as it decides in its absolute discretion); and

	:(b) you granting N3V those rights set out below.		:(b) you granting N3V those rights set out below.
Line 21:		Line 21:

	===Grant of license===		===Grant of license===
	With regard to all your New Works uploaded to the ~~Auran~~ Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V can redistribute the New Works to third parties:		With regard to all your New Works uploaded to the Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V 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;		:(a) by making the New Works available for download from the 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		:(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
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	===Rights to remove===		===Rights to remove===
	N3V retains the right to remove any or all of your New Works from the ~~Auran~~ Download Station at any time and for any reason.		N3V retains the right to remove any or all of your New Works from the Download Station at any time and for any reason.

	You can contact N3V and request that N3V remove all or any of your New Works from the ~~Auran~~ Download Station but N3V is under no obligation to do so.		You can contact N3V and request that N3V remove all or any of your New Works from the Download Station but N3V is under no obligation to do so.

			===Faulty content===
			We grant any MyTrainz account permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re-upload it.

			You are not permitted to fundamentally change the content beyond what is necessary for the repairs.

	==Warranties==		==Warranties==

	You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the ~~Auran~~ Download Station:		You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the Download Station:

	:(a) are free from all computer viruses;		:(a) are free from all computer viruses;
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	:(c) do not contain any 3D meshes, textures or other computer files created or distributed by N3V that have not been substantially modified; and		:(c) do not contain any 3D meshes, textures or other computer files created or distributed by N3V that have not been substantially modified; and

	:(d) are appropriate for download by all members (including minors) of the ~~Planet Auran~~ community.		:(d) are appropriate for download by all members (including minors) of the MyTrainz community.

	==Indemnity==		==Indemnity==
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	N3V does not and will not indemnify you for any loss or damage suffered arising from:		N3V does not and will not indemnify you for any loss or damage suffered arising from:

	:(a) your use of the ~~Auran~~ Download Station;		:(a) your use of the Download Station;

	:(b) you uploading New Works to the ~~Auran~~ Download Station; or		:(b) you uploading New Works to the Download Station; or

	:(c) N3V allowing third parties to download your New Works.		:(c) N3V allowing third parties to download your New Works.
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	If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V:		If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V:

	:(a) removal of the New Work in question from the ~~Auran~~ Download Station; or		:(a) removal of the New Work in question from the Download Station; or

	:(b) supply of a similar service to that of the ~~Auran~~ Download Station.		:(b) supply of a similar service to that of the Download Station.

	==General==		==General==
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	These meanings apply unless the contrary intention appears:		These meanings apply unless the contrary intention appears:

	'''~~Auran~~ Download Station''': means the website and service maintained and run by N3V that allows people to upload New Works and allows other to download them.		'''Download Station''': means the website and service maintained and run by N3V 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.		'''Business Day''': means a day other than a Saturday, Sunday or public holiday in Brisbane, Australia.
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	'''New Work''': means a computer file (or package of computer files) that can be used in one or more of N3V'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 N3V's Trainz product is a New Work).		'''New Work''': means a computer file (or package of computer files) that can be used in one or more of N3V'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 N3V's Trainz product is a New Work).

	'''~~Planet Auran~~''': means that online web service previously ~~provided by Auran Holdings Pty Ltd ABN 73 081 393 311 but now~~ provided by N3V for the users of its websites (with the main website address being www.~~auran~~.com).		'''MyTrainz''': means that online web service previously provided by N3V for the users of its websites (with the main website address being www.mytrainz.com).

	'''Related Entity''': has the meaning it has in the Corporations Act 2001 (Cwth).		'''Related Entity''': has the meaning it has in the Corporations Act 2001 (Cwth).
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	:Australia		:Australia

	~~Company email; anewera@n3vgames.com~~
	Contact Support at: support.trainzportal.com		Contact Support at: support.trainzportal.com

Tonyhilliam: /* Contact Details */

2015-10-15T22:33:27Z

Contact Details

← Older revision		Revision as of 22:33, 15 October 2015
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	:Australia		:Australia

			Company email; anewera@n3vgames.com
	Contact Support at: support.trainzportal.com		Contact Support at: support.trainzportal.com

Tonyhilliam: /* Contact Details */

2015-10-15T22:32:51Z

Contact Details

← Older revision		Revision as of 22:32, 15 October 2015
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	:N3V Games Pty Ltd		:N3V Games Pty Ltd
	:~~58 Kingston Drive~~		:P.O. Box 644
	:Helensvale QLD 4212		:Helensvale QLD 4212
	:Australia		:Australia
	~~:Phone:+61 (7) 5657 7141~~
	~~:Fax: +61 (7) 5657 7191~~

	Copyright ~~2009~~ N3V Games Pty Ltd. All Rights Reserved.		Contact Support at: support.trainzportal.com

			Copyright 2015 N3V Games Pty Ltd. All Rights Reserved.


	[[Category:Licenses]]		[[Category:Licenses]]

Windwalkr at 15:00, 17 October 2010

2010-10-17T15:00:13Z

← Older revision		Revision as of 15:00, 17 October 2010
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	Copyright 2009 N3V Games Pty Ltd. All Rights Reserved.		Copyright 2009 N3V Games Pty Ltd. All Rights Reserved.


			[[Category:Licenses]]

Windwalkr at 12:30, 4 March 2010

2010-03-04T12:30:06Z

← Older revision		Revision as of 12:30, 4 March 2010
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	This is a legally binding license agreement ("license") between you, the uploader of New Works to the Auran Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V'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.		This is a legally binding license agreement ("license") between you, the uploader of New Works to the Auran Download Station and N3V Games Pty Ltd (ACN 118 743 534) ("N3V") in relation to N3V’s rights to your copyrighted works. This license governs N3V'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=		==Consideration==

	In addition to the other obligations in this agreement, the parties enter this agreement in consideration of:		In addition to the other obligations in this agreement, the parties enter this agreement in consideration of:
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	:(b) you granting N3V those rights set out below.		:(b) you granting N3V those rights set out below.

	=N3V's rights=		==N3V's rights==

	==Grant of license==		===Grant of license===
	With regard to all your New Works uploaded to the Auran Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V can redistribute the New Works to third parties:		With regard to all your New Works uploaded to the Auran Download Station, you grant to N3V a personal, transferable but non-exclusive license to those New Works in order that N3V can redistribute the New Works to third parties:

Line 29:		Line 29:
	:(c) both (a) and (b).		:(c) both (a) and (b).

	==No conveyance==		===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.		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.

	==Rights to remove==		===Rights to remove===
	N3V retains the right to remove any or all of your New Works from the Auran Download Station at any time and for any reason.		N3V 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 N3V and request that N3V remove all or any of your New Works from the Auran Download Station but N3V is under no obligation to do so.		You can contact N3V and request that N3V remove all or any of your New Works from the Auran Download Station but N3V is under no obligation to do so.

	=Warranties=		==Warranties==

	You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the Auran Download Station:		You warrant to N3V and its Representatives and Related Entities that the New Works that you upload to the Auran Download Station:
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	:(d) are appropriate for download by all members (including minors) of the Planet Auran community.		:(d) are appropriate for download by all members (including minors) of the Planet Auran community.

	=Indemnity=		==Indemnity==

	==Limitation of Liability and Indemnity to N3V==		===Limitation of Liability and Indemnity to N3V===
	You acknowledge that N3V 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 N3V for all loss, damage and costs that N3V may suffer or incur arising out of:		You acknowledge that N3V 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 N3V for all loss, damage and costs that N3V may suffer or incur arising out of:

Line 58:		Line 58:
	:(b) in respect of any claim made or legal or regulatory action brought against N3V arising out of or relating to any of your New Works.		:(b) in respect of any claim made or legal or regulatory action brought against N3V arising out of or relating to any of your New Works.

	==No Indemnity by N3V==		===No Indemnity by N3V===
	N3V does not and will not indemnify you for any loss or damage suffered arising from:		N3V does not and will not indemnify you for any loss or damage suffered arising from:

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	:(c) N3V allowing third parties to download your New Works.		:(c) N3V allowing third parties to download your New Works.

	=Limitation of liability=		==Limitation of liability==

	If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V:		If N3V is ever found to be liable to you, N3V's liability is limited in all circumstance to one of the following options, as selected by N3V:
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	:(b) supply of a similar service to that of the Auran Download Station.		:(b) supply of a similar service to that of the Auran Download Station.

	=General=		==General==

	==No partnership==		===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.		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.

	==Inconsistent law==		===Inconsistent law===
	To the extent permitted by law, this agreement prevails to the extent it is inconsistent with any law.		To the extent permitted by law, this agreement prevails to the extent it is inconsistent with any law.

	==Governing law==		===Governing law===
	This License is governed by and construed in accordance with the laws of Queensland, Australia and by using the Software you submit to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.		This License is governed by and construed in accordance with the laws of Queensland, Australia and by using the Software you submit to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.

	=Interpretation=		==Interpretation==

	These meanings apply unless the contrary intention appears:		These meanings apply unless the contrary intention appears:
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	'''Representative of a party''': means an employee, officer, director or auditor of that party.		'''Representative of a party''': means an employee, officer, director or auditor of that party.

	=Contact Details=		==Contact Details==

	N3V can be contacted at:		N3V can be contacted at:

Windwalkr: Protected "Download Station License Agreement" [edit=sysop:move=sysop]

2010-03-04T12:28:25Z

Protected "Download Station License Agreement" [edit=sysop:move=sysop]

← Older revision	Revision as of 12:28, 4 March 2010
(No difference)

Windwalkr at 12:24, 4 March 2010

2010-03-04T12:24:20Z

← Older revision		Revision as of 12:24, 4 March 2010
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	'''N3V Content Creation and Distribution Policy'''		'''N3V Content Creation and Distribution Policy'''

			__TOC__

	'''General terms'''		'''General terms'''

Windwalkr at 11:38, 4 March 2010

2010-03-04T11:38:07Z

Show changes