IMPORTANT - BY INSTALLING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE.
The computer program ("software") is licensed, not sold, to you by Terran Interactive for use only under the terms of this License, and Terran Interactive reserves any rights not expressly granted to you. You own the disk(s) on which the software is recorded, but Terran Interactive and its licensors retain ownership of the software itself. You are responsible for installation, management, and operation of the software.
License
This license allows you to:
1.) Use one copy of the software on a single computer at a time. To "use" the software means that the software is either loaded into the memory (RAM) of a computer or installed on the permanent memory of the computer (hard-drive, etc.). You may install the software on a common storage device which is accessible by multiple computers only if there is a mechanism to prevent more copies of the software being run at one time than are licensed. You absolutely may not place the software on any electronic forums, BBS, the Internet, the World Wide Web, or any electronic area accessible to the public.
2.) You may make one copy of the software for backup purposes only.
3.) Permanently transfer all your rights under this license to another party by providing them with all copies of the software licensed under this license together with a copy of this license and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this license.
Restrictions:
The software contains trade secrets in its human perceivable form and, to protect them, you may not reverse engineer, decompile, disassemble, or otherwise reduce the software to any perceivable human form. You may not:
1.) Copy or reproduce in any format all or any portion of the software (other than one copy for backup purposes only).
2.) Modify, adapt, translate, or create derivative works based upon the software or any part thereof.
3.) Transmit all or any portion of the software over a network, phone, modem, or using any electronic means.
4.) Rent, lease, loan, distribute, or sub-license all or any portion of the software.
You also agree to keep confidential and use your best efforts to prevent and protect the software from unauthorized disclosure or use.
Termination:
This license is effective until terminated. This license will terminate immediately without notice from Terran Interactive or judicial resolution if you fail to comply with any provision of this license. Upon such termination, you must destroy the software, all accompanying written materials and all copies thereof, and the limited warranty, limitation of remedies and damages, and general conditions will survive any termination.
Limited Warranty:
Terran warrants for a period of ninety (90) days from your date of purchase that the disks on which the software is recorded will be free from significant defects in materials and workmanship under normal use. Terran's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Terran's option, replacement of the disk(s), refund of the purchase price, or repair or replacement of the software.THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY TERRAN INTERACTIVE, AND TERRAN AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. Because some jurisdictions do not allow the exclusions or limitation of implied warranties, the above may not apply to you.
Limitation of Remedies and Damages:
IN NO EVENT WILL TERRAN, ITS PARENT OR SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF TERRAN INTERACTIVE OR A TERRAN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TERRAN'S LIABILITY TO YOU FOR DIRECT DAMAGE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE. This limitation will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation or liability for consequential or indirect damages, the above limitation may not apply to you.
General:
In any lawsuit, action or preceding, to enforce the terms of this software license, the prevailing part shall be entitled to all reasonable costs and attorney's fees. This license will be construed under the laws of California, except for that body of law dealing with conflicts of law. If any provision of this license shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect.
Terran Interactive, Inc., 2 North First St., Suite 215, San Jose, CA 95113
