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ESE Staff

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Location: United Kingdom
Age: 39

#12507   2008-03-31 18:45 GMT      
Enhanced Secure Environment

THIS is a summary and free translation of the German End-User License Agreement. It is made to help the people that don't speak or understand German. Bound to ESE-Software and all laws is the German license agreement!

End User License Agreement:
COPYRIGHT 2007 - 2008 (c) by ESE - Protect
All rights reserved

ESE - Enhanced.Secure.Environment

The product is protected by the German Copyright Law. The ESE Team retains the title to and ownership of this software. You are licensed to use the ESE Software on the following terms and conditions:

1. ESE is an additional program for the game 'Tactical Ops - Assault on Terror'.
It has been created to prevent and/or prohibit 'cheating', i.e. the usage of programs, scripts and other techniques which manipulate the game in a manner not intended by its creator to the advantage of individual players. In addition it serves the purpose of identification and access authorization, i.e. ESE identifies individual players who use cheats and denies them access to game servers which are protected by this software.

2. The program and all files are provided free of charge by its creator (the ESE-Team) within these Terms of Use.
Any usage beyond this license is a violation of copyright law. Such a violation will result in legal consequences.
The creator reserves the right to change these Terms of Use at any time (if changes apply to the user, the user will be notified). The creator also reserves the right to expel individuals violating these Terms of Use from using ESE Software.
The user has no authorization to force the creator to grant or re-grant license by law.
In addition, the creator reserves the right to discontinue providing this software and all related services at any time.
The ESE software and its documentation are provided 'as is'. This also applies to all related services (e.g. master server, downloads, registration possibilities).
Since malfunctions can't be excluded even if the software is tested extensively, the creator doesn’t take any responsibility and cannot be charged (neither legal nor financial) for any consequential damage resulting directly or indirectly from installation, usage or un-installation of this software or its documentation.
The creator doesn't take any liability (without restriction of any kind), particularly with regard to loss of profit, business interruption, loss of information and data and damage to any other software.
The creator will try to keep track of malfunctions to the best of their abilities. However there is no legal claim for any remedial action or publication of information about malfunctions or bugs.

3. With acceptance of these Terms of Use the user gains a limited right to use for his individual demand, i.e. for the client version of Tactical Ops he's personally using and for Tactical Ops Servers he's administrating.
(Commercial) Server-provider should regard the notes for server-provider.

4. The User is allowed to install and use this software within these Terms of Use for his individual demand (multiple times as well as for multiple servers)
A transfer of ALL CLIENT ESE files (ESE.u, ESE.dll, ESEKeyFile.xml, ESEReg.exe, ESESetup.exe, ESEUpdate.exe, ESEMD5Scan.exe, ESETools.exe, ESEMD5DB.gen, ESEDoc.chm and all Language files *.mo) to a third party is strictly forbidden.
However, not limited to said transfer are the files which were designed and intended to be transferred by the ESE-Team, sent from the game server directly to connecting players (ESESupport.u).
The user is not allowed to distribute copies of the ESE Software or the accompanying documentation to others for a fee or in any other ways that allows them to gain profit.

5. Any modification, decompilation, disassembling and/or any type of reverse engineering of the ESE-Software is strictly forbidden.
Any attempts to
- change the software
- manipulate itself or its data exchange with players or servers, or
- bypass the Software for the purpose of cheating
lead to an immediate cancellation of the right to use said software and might be followed by civil and legal actions.
The right to use also expires immediately as soon as the user attempts to and/or successfully bypasses the security methods of ESE-Software in a means not mentioned above. ESE-Team reserves the right to restrict users at its own discretion.

Registration of the User, Function of the Software, Acquisition and transfer of information.

6. Before downloading the software the user has to register. Therefore a valid and functional e-Mail address is required. Furthermore the user's so-called nicknames (the ingame used alias) as well as his clan membership (as far as a membership exists) are acquired.
The details given by the player as well as other information acquired during installation and operation of ESE-Software (see 7. and 8. below) will be stored electronically for the purpose of the operation of the ESE-Software and related services.
The creator (by himself or by commissioned persons) has the right to
- pass stored information on to clans or leagues for the purpose of identifying cheaters
- publish the nicknames of players (including his clan membership) who are found guilty of cheating or violating this license agreement
- publish information which led to conviction and/or identification.
Personal information concerning privacy like e-Mail addresses or real names will not be published.
Clan leaders, Server admins, League authorities and users of ESE-Software (but not limited too) have no right to information as to how individuals are identified.

7. Upon the installation and operation of ESE-Software onto a clients PC, we will gather specific data about the PC, which are essential to uniquely identify this PC indisputably. In particular such information will be used to identify cheaters indisputably and to exclude them from using the ESE Software permanently if they violate these Terms of Use, particularly if they cheat and/or try to manipulate the ESE-Software in any way that and violates the clauses in Section 5.
During the functioning of ESE in game, the ESE Software furthermore gathers and stores additional data from the client side including, but not limited to, the running of background programs to detect and prevent cheating.

8. The ESE Client transmits all information named above to a Trust-Server, where the information will be checked electronically, stored and used at our own discretion.
The user explicitly accepts and agrees to the submitance, storage and usage of such information upon agreeing to this End User License Agreement.

Deletion of Information, Requirement for information

9.1 The user has a right to request deletion of his/hers personal information. In such a case, all rights to use of ESE-Software expire with immediate effect.
However a deletion of such data is restricted if the creator requires those information for
- the enforcement of legal claims against the user (particularly due to violations of these Terms of Use) or
- the purpose of prosecution.
The user has the right to request which personal information is stored about them, but information of this kind is given only in exchange to a prepaid fee, refunding the administration costs caused by the request.

Furthermore, the authors reserve the right to prohibit consumers whom have player names, clan names and game servers with ethnic, racist, sexist or otherwise compromising content from using our system at our discretion.

Salvatori clause

10. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Team ESE - Protect


This post was edited by aRny (2009-03-21 22:12 GMT, ago)
ESE staff : {dTa} leader : ACA council member