Legal
End-User License Agreement
This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee” or “you”) and DepMax, a software brand operated by Baygus (“DepMax”, “we”, or “us”), for the DepMax server software, tools, and client applications, together with any updates, documentation, and assets we provide (collectively, the “Software”). By downloading, installing, activating, or using the Software, you agree to this EULA. If you do not agree, do not install or use the Software.
1. License grant
Subject to your continuous compliance with this EULA and an active, paid subscription in good standing, DepMax grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software to operate your own game server and to distribute the accompanying client applications to your players for the sole purpose of connecting to your server. Unless your order expressly says otherwise, each subscription entitles you to operate one production server deployment at a time.
2. License keys and activation
Activation requires a valid license key and/or a signed license file issued to you. The Software may bind a license to a specific machine or hardware identifier, may contact our licensing servers to validate status, and may enable, limit, or disable features based on that status. You must not share, publish, resell, or use license keys beyond the scope granted to you.
3. Restrictions
You will not, and will not permit any third party to:
- sell, resell, rent, lease, lend, sublicense, distribute, or otherwise transfer the Software, its source (if any is provided), or license keys, except the client redistribution expressly permitted in Section 1;
- reverse engineer, decompile, disassemble, or attempt to derive source code, except to the limited extent applicable law prohibits this restriction;
- circumvent, disable, remove, or tamper with any licensing, protection, anti-tamper, or validation mechanism, or use the Software without a valid license;
- remove, obscure, or alter any proprietary notices, branding, or attribution in the Software;
- use the Software to build or assist a competing product, or to provide the Software to third parties as a hosting or “server-for-hire” offering outside the license granted;
- use the Software in any manner that violates applicable law or infringes the rights of any third party.
4. Ownership
The Software is protected by copyright and other intellectual-property laws. DepMax and its licensors retain all right, title, and interest in and to the Software and all copies, modifications, and derivatives of it, including all intellectual-property rights. This EULA grants you only the limited license described above and no other rights, by implication or otherwise. All rights not expressly granted are reserved.
5. Third-party and open-source components
The Software may include third-party or open-source components that are subject to their own license terms. Those terms govern your use of those components and, to the extent they conflict with this EULA for those components, control. The Software may also interoperate with assets, tools, or platforms owned by others; you are responsible for ensuring you hold any rights required for your particular use, deployment, and distribution.
6. Your responsibilities and content
You are solely responsible for how you configure, deploy, host, and operate the Software; for the availability, security, and lawful operation of any server you run; for the content, communities, and conduct on your service; and for complying with all laws, rules, and third-party rights applicable to your operation, including where you charge your own players. You are responsible for maintaining backups of your own data.
7. Updates
We may provide updates, patches, or new versions of the Software. Such updates are part of the Software and subject to this EULA. We may require you to install updates to keep the Software functioning, and we may modify or discontinue features over time.
8. Term and termination
This EULA is effective until terminated. Your license ends automatically if your subscription lapses, is cancelled, refunded, or reversed, or if you breach this EULA. We may also suspend or revoke a license for breach, non-payment, fraud, or as required by law. On termination you must stop using and delete all copies of the Software, and the Software may cease to function. Sections 3–6 and 9–12 survive termination.
9. Disclaimer of warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEPMAX OR BAYGUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SOFTWARE. OUR TOTAL AGGREGATE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID FOR THE SOFTWARE IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR USD $100.
11. Indemnification
You will indemnify, defend, and hold harmless DepMax and Baygus and their operators against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use or operation of the Software, your breach of this EULA, or your violation of any law or third-party right.
12. General
This EULA is governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, with exclusive venue in the courts of Alberta, Canada. If any provision is held unenforceable, the remainder stays in effect. This EULA, together with the Terms of Service and your order, is the entire agreement between you and us regarding the Software and supersedes prior understandings. Our failure to enforce a provision is not a waiver.