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Download Terms and Conditions


Bethesda Softworks provides this software utility download on a
USE AT YOUR OWN RISK basis

This downloadable editor, titled The Garden of Eden Creation Kit™ or G.E.C.K. (the “Editor”), enables the end user (“You”) to create new or customized levels or otherwise adjust Your experience in using the copy of the Fallout®: New Vegas™ software product purchased by You (the “Product”).  All uses of the Editor and any materials created using the Editor (the “New Materials”) are for Your own personal, non-commercial use solely in connection with the applicable Product, subject to the terms and conditions of this Agreement.  

PLEASE READ THIS STATEMENT CAREFULLY BEFORE DOWNLOADING AND USING THE EDITOR.  YOUR DOWNLOAD AND USE OF THE EDITOR CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE (THIS “AGREEMENT”).  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT DOWNLOAD OR USE THE EDITOR.

1. RESTRICTIONS ON USE

The Editor and any other software that is available for download from this Site is and shall remain the copyrighted property of Bethesda Softworks and/or its designee(s) and You shall take no action inconsistent with such title or ownership. You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any New Materials without the express prior written consent of an authorized representative of Bethesda Softworks.  This includes distributing New Materials as part of any compilation You and/or other Product users may create.  You shall not create any New Materials that infringe upon the rights of others, or that are libelous, defamatory, harassing, or threatening, and You shall comply with all applicable laws in connection with the New Materials.  You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis), to other authorized users who have purchased the Product, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws.  If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit.  You also waive and agree never to assert against Bethesda Softworks or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of the New Materials.  If You commit any breach of this Agreement, Your right to use the Editor under this Agreement shall automatically terminate, without notice.

Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject You to civil and criminal liability. 

2. WARRANTY DISCLAIMER  

The Editor is provided “AS IS” and WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT.  USE OF THE EDITOR AND ANY NEW MATERIALS IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE PERFORMANCE OF THE EDITOR ON YOUR MACHINE. 

With respect to software that is enabled for use on or over the Internet, You acknowledge that Bethesda Softworks is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet.  Use of the Internet is at Your sole risk.

3. LIMITATION OF LIABILITY
IN NO EVENT SHALL BETHESDA SOFTWORKS OR ANY OF ITS AFFILIATES OR LICENSORS  BE LIABLE FOR ANY (I) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (II) THIRD PARTY CLAIMS, OR (III) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA, EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.  ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

4. Indemnity
You agree to indemnify, defend and hold Bethesda Softworks, its partners, licensees, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Editor pursuant to the terms of this Agreement.

5. INCORPORATION OF ADDITIONAL TERMS
In addition to the terms of this Agreement, any use of the Editor is also governed by the terms of the license agreement applicable to the copy of the Product purchased by You and by the Terms and Conditions of this Site.

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