Website Terms & Conditions (for use of our online shop and download service, please see below)
Please read these terms and conditions of use (this “Agreement”) carefully before using this website. If you do not agree with all of the terms and conditions, please do not use this website.
Disclaimer
This Website and all Materials in this Website are provided “as is” and all use is at your own risk. The Forge Simulation (The Forge Simulation Ltd) disclaims, and you hereby waive, any and all warranties and liabilities of The Forge Simulation, whether explicit or imlpied, arising by operation of law or otherwise, with respect to this Website and all Materials within the Website, including, but not limited to any: (1) implied warranty or merchantability or fitness for a particular purpose; (2) implied warranty of non-infringement; and (3) claim in tort (including negligence). Without limiting the aforementioned, you acknowledge that The Forge Simulation does not warrant represent that the Website will be accessible without interruption or that this Website, any Materials in this Website, or the servers that make this Website available are free from errors, defects, design flaws or omissions or from viruses or other components.
Limitation of Liability
In no event will The Forge Simulation be liable, whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out or in connection with any use of, inability to use or results of use of this Website or any Materials in this Website, even if The Forge Simulation or its representative has been advised of the possibility of such damages.
Use of the Website
You may only use this Website and any Materials found in this Website (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional Materials, audiovisual and multimedia works and any other items or expressions: collectively, “Materials”) in accordance with the terms and conditions of this Agreement, and you agree to comply with said terms and conditions at all times. Without limiting the aforementioned, you may not copy, republish, upload, download, post, transmit or distribute any Materials except as specifically provided herein.
Subject to the terms and conditions of this Agreement, (and subject to your payment of the applicable license fees), The Forge Simulation grants you a non-exclusive, non-transferable license, for the duration of your next session of using the Website, to: (i) download to one (1) computer, solely for your personal use, one (1) copy of any Materials available on this Website; and (ii) upload Materials to designated areas of this Website.
Your Obligations
The Forge Simulation reserves all rights in and to the Materials not expressly granted above. Without limiting the foregoing, you may not: (i) use or transmit any Materials on or to any other Website or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Website and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by UK law, regulation or order; and (iii) you will not upload or otherwise transmit to this Website any software or other Materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, “Proprietary Rights”) of any person or entity; or (c) contain any Material that is libellous, defamatory or portrays any person in a false light.
The Forge Simulation Ownership
All right, title and interest in and to this Website, the Materials and all associated Proprietary Rights is owned by The Forge Simulation or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or The Forge Simulation’s permitting you to use the Website.
Submissions
The Forge Simulation welcomes your comments, feedback and input regarding The Forge Simulation products through this Website. However, The Forge Simulation does not accept or consider any Material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by The Forge Simulation. Accordingly, The Forge Simulation asks you not to send us any such Materials. If you ignore this request, any such Materials, comments, suggestions or other information submitted by you to The Forge Simulation will become the property of The Forge Simulation, with The Forge Simulation exclusively owning all known and hereafter existing rights to such Materials, and you acknowledge and agree not to contest The Forge Simulation’s rights to use and disclose such Materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
Miscellaneous
No failure or forbearance on The Forge Simulation’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without reference to its choice of law rules. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply. You hereby submit to the exclusive jurisdiction of the crown and county courts located in England, United Kingdom with respect to any claim or suit arising out of or in connection with this Agreement, this Website or any Materials, and agree not to commence or prosecute any such claim or suit except in the aforementioned courts.
This Agreement constitutes the entire Agreement between you and The Forge Simulation relating to the subject matter hereof and may not be modified except in a writing signed by The Forge Simulation.
Using our online shop and download service
By making a purchase, you agree in full to the below terms and conditions, and any others outlined in the purchase process, including crowdfunder and pre-order products – these may have additional terms & conditions where necessary, which are displayed clearly on the relevant pages from which the links to purchase them are provided. The Forge Simulation has tried to make them all as reasonable and as easy to understand as possible. You must ensure you have read and agreed with all terms and conditions on the page of the product(s) you intend to purchase, as well as the terms and conditions outlined here.
The Forge Simulation Ltd complies with the Distance and Online Selling Regulations.
The Forge Simulation Ltd shop offers products by instant (availability) download.
Each product page will detail any requirements that you may need in order to use all or part of the product. Any failure on your part not to read and confirm this, ensuring that you have all of the requirements necessary, will result in the product not working correctly or at all if you do not have those requirements, and will be entirely your responsibility. As the buyer, you are responsible for ensuring that the products you buy are able to operate on your system and that you own the relevant requirements for those products.
Payment
The Forge Simulation Ltd shop accepts payment via various payment methods. Feel free to choose the one that meets your convenience, but be aware that you must ensure you are legally required to provide your correct home address and country (the address and country in which you pay income tax, or draw a pension from, for example) in order to ensure that the correct taxes/fees (e.g. VAT) are paid for selling to your country from us in the United Kingdom.
Prices are displayed clearly on the product page and around the shop as necessary. The prices shown include any VAT where it would apply.
Once you have made an order, an itemised receipt will be emailed to the address on your account, including information regarding any taxes/fees you have paid as well as the individual item(s) purchased.
Your right to cancel
You will be provided with download access to purchased products straight away. Because these are online products, purchased from our web shop using this service, you lose the 14 day right to cancel, as set by the Online Selling Regulations.
Downloading
The download link for each product in a completed order will be available immediately in your user account on the website. It is your responsibility to ensure that you save and backup your purchased product downloads securely to prevent any loss. In the event that a product is updated on a free of charge basis, your downloads access will automatically allow you to download the latest version of the product when it becomes available.
Miscellaneous
Our products may not be bought by a 3rd party commercial entity on behalf of another person. Products should be bought solely by the individual intending to own a licence to use them, never a business. Our products must not be resold or offered as part of a subscription based service. Any individuals or entities found to be violating the above will have their access to all purchased items, and to the Website, permanently revoked, and may be subject to legal action. Exceptions to certain elements of these terms and conditions may be made for raffles/competitions at our discretion.
We reserve the right to revoke access of any individual or entity to use a purchased product(s), the Website as a whole, and any of our social media, for any reason. Normally, this would only be used in extreme circumstances, such as proven cases of lawbreaking activity (piracy, for example), misuse of our content alongside/with hateful/discriminatory messages, and so forth.
The supplied downloads and their contents are © The Forge Simulation and/or its licensors 2019 – present. It is against the law to share these files with other individuals for any reason.
End User Licence Agreement
The Forge Simulation Ltd do not allow the development, sale or distribution of products/enhancements including (but not limited to):
Pirated/illegally obtained software
Audio enhancement packs (freeware or payware)
Any commercial addons using and/or including our assets
Freeware that may result in personal or business commercial or financial gain
Any enhancement or add-on that is behind a paid subscription
Payware scenario packs
Changes to script files
Reverse engineering
For those who wish to create freeware scenarios and reskins, you may do so providing it is not for personal or business profit. Encouragement of and/or signposting to voluntary donations to charitable institutions for relevant causes (e.g. a railway museum) is permitted – and also encouraged by us. Compulsory donations should not be required for access to any freeware scenarios or reskins which use our products. No other modifications or distribution et al are permitted without prior agreement from us. If you wish to cooperate on a project with our work that may be part of the above list, please get in touch.
By purchasing one of our products, the recipient (either the purchasing individual, or the recipient of a purchased gift) obtains a single (1) licence to download, install and use that product in accordance with the Terms and Conditions laid out on this page and within the installation software of that product. Once purchased, this licence cannot be sold, transferred (with or without a financial or material cost), rented, hired, leased, loaned, etc. The licensee may download, install and use the product on any number of Windows computers owned by them. Should a device upon which the licensee has downloaded the product be sold or transferred from their ownership, the licenced product must be deleted in full from that device.
Products gifted by The Forge Simulation to an individual are subject to the same licensing outlined above.
The Forge Simulation reserves the right to withdraw, void, revoke or cancel any licence for any reason, including but not limited to failure to comply with the Terms and Conditions. Failure to comply with this may result in legal action and/or other suitable penalty within the law as deemed appropriate by The Forge Simulation.
