Train Motion S.R.L. (collectively, “Train Motion” or “We”) reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Assets.”

This is a legal agreement between you and Train Motion S.R.L.. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the addon you have just purchased (“Assets”) and please inquire about anything you do not understand. If you are not eighteen (18) years of age, have your parents review this Agreement. By installing, copying and/or otherwise using Assets you are signifying your acknowledgement, acceptance and agreement to this Agreement.

IMPORTANT – READ CAREFULLY: BY INSTALLING, COPYING AND/OR OTHERWISE USING THIS Assets, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. THE “ASSETS” INCLUDES ALL SOFTWARE INCLUDED WITH THE ADDON, THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE, THE ASSOCIATED MEDIA, ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE ADDON, ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. BY OPENING ASSETS, INSTALLING, AND/OR USING ASSETS AND ANY OTHER MATERIALS INCLUDED WITH ASSETS, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH TRAIN MOTION SRL. THE AGREEMENT APPLIES TO ALL USERS OF ASSETS, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR OTHERWISE USE THE ASSETS. YOUR REMEDY FOR DISSATISFACTION WITH THE ASSETS OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH TRAIN MOTION SRL, IS TO STOP USING ASSETS. YOUR AGREEMENT WITH TRAIN MOTION SRL REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ASSETS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE ASSETS, AND TRAIN MOTION SRL SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE ASSETS.

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
S.C. TRAIN MOTION S.R.L.

Unirii Street No. 70, 030836, Bucharest, Romania
Phone: +40 766354857
Email: office@train-motion.com
Website: www.train-motion.com

Assets is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with Assets may be subject to additional terms and conditions promulgated by TRAIN MOTION S.R.L. from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on WWW.TRAIN MOTION.COM/LEGAL. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of Assets after a modification has been made to the Agreement constitutes your acceptance of such modification.

Subject to your compliance with the terms and conditions of the Agreement, TRAIN MOTION S.R.L. hereby grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of Assets solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches or updates you may obtain for the Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF Assets OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in Assets, and should not be construed as a sale or transfer of any intellectual property rights to Assets. All rights not specifically granted under this Agreement are hereby reserved by TRAIN MOTION S.R.L..

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN Assets, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TRAIN MOTION S.R.L.. Except as expressly licensed to you herein, all right, title, and interest in and to Assets and any and all associated copyrights, trademarks and intellectual properties therein and/or related there to and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into Assets, and any related documentation) are owned by TRAIN MOTION S.R.L.

Assets is protected by the copyright laws of Romania, international copyright treaties and conventions, and other laws. All rights are reserved. Assets contains certain licensed materials, and TRAIN MOTION S.R.L. may protect their rights in the event of any violation of this Agreement.

TRAIN MOTION S.R.L. does not recognize the transfer of Assets. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of TRAIN MOTION S.R.L.. Any attempt to do so shall be void and of no effect.

You agree to only use Assets, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:

(a) exploit Assets or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;

(b) use Assets or permit the use of Assets, on more than one computer, game console, mobile device, handheld device or PDA at the same time;

(c) use Assets, or permit use of Assets, or make Assets available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;

(d) sell, rent, lease, license, distribute or otherwise transfer this Assets or any copies;

(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of Assets, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of TRAIN MOTION S.R.L. and/or its licensors on creation, in any event);

(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within Assets;

(g) export or re-export Assets or any copy or adaptation in violation of any applicable laws or regulations;

(h) create data or executable programs which mimic data or functionality in Assets unless provided for in Section 5(i) below; or

(i) use the part of Assets which allows you to construct new variations (“Editor”) to create new levels which

(i) can be used otherwise in connection with Assets;

(ii) to modify any executable file;

(iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party;

(iv) to use the trademarks, copyright or intellectual property rights of any third party;

(v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.

Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying Assets.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF Assets IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND Assets ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRAIN MOTION S.R.L. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO Assets, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) Assets WILL MEET YOUR REQUIREMENTS, (B) Assets WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) Assets WILL BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Assets WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRAIN MOTION S.R.L. OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE Assets MAY GO OUT OF DATE, AND TRAIN MOTION S.R.L. MAKES NO COMMITMENT TO UPDATE SUCH Assets. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF Assets, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF Assets OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH Assets IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

TRAIN MOTION S.R.L. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN Assets, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF Assets FOR ANY PURPOSE. Assets, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF Assets MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of Assets may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of Assets, and therefore, delays and disruption of other network transmissions are completely beyond TRAIN MOTION S.R.L. control. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRAIN MOTION S.R.L. IS TO STOP USING Assets. IN NO CASE SHALL ANY LIABILITY OF TRAIN MOTION S.R.L. TO YOU EXCEED THE AMOUNT THAT YOU PAID TO TRAIN MOTION S.R.L. FOR THE APPLICABLE Assets GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL TRAIN MOTION S.R.L. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF Assets, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF TRAIN MOTION S.R.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF TRAIN MOTION S.R.L. AND THE TRAIN MOTION S.R.L. PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Upon a request by TRAIN MOTION S.R.L., you agree to defend, indemnify, and hold TRAIN MOTION S.R.L. harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with Assets; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via Assets infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. TRAIN MOTION S.R.L. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TRAIN MOTION S.R.L. in asserting any available defenses.

Although Assets may be accessible worldwide, we make no representation that Assets or related materials are appropriate or available for use in locations outside country of origin, and accessing them from territories where the content is illegal is prohibited. Those who choose to access Assets from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with Assets is void where prohibited.

The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to TRAIN MOTION S.R.L. prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of Assets at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of TRAIN MOTION S.R.L., this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of Assets. The provisions of Sections 3, 4, 6, 7, 8, 10, 11 and 12 shall survive any termination of this Agreement.

Because TRAIN MOTION S.R.L. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that TRAIN MOTION S.R.L. shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

This Agreement represents the complete agreement between you and TRAIN MOTION S.R.L. concerning Assets and supersedes all prior agreements and representations, warranties or understandings between you and TRAIN MOTION S.R.L. (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. TRAIN MOTION S.R.L. reserves the right to amend this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.

TRAIN MOTION S.R.L. may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without TRAIN MOTION S.R.L.’s express prior written consent. TRAIN MOTION S.R.L.’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of TRAIN MOTION S.R.L.’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Assets or information provided to or gathered by TRAIN MOTION S.R.L. with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Assets arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.  

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF ASSETS IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.