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The Net Power 1996 May
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Net Power CD-ROM (Imagine Publishing)(1996-05).bin
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palace
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agree.txt
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1995-11-14
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10KB
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196 lines
SOFTWARE LICENSE FOR THE PALACE
BEFORE CLICKING ON THE "CONTINUE" BUTTON BELOW, CAREFULLY READ
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU
CLICK ON THE "CONTINUE" BUTTON, YOU ARE AGREEING TO BECOME A
PARTY TO THIS LICENSE AGREEMENT, AND ARE AGREEING TO ABIDE BY
ALL ITS TERMS. IF YOU DO NOT AGREE TO ABIDE BY ALL OF THE
TERMS OF THIS LICENSE AGREEMENT, EXIT THE INSTALLATION.
END-USER SOFTWARE LICENSE AGREEMENT
1. SCOPE OF LICENSE. Time Warner Interactive ("TWI")
hereby grants to you a non-exclusive right to use a single
copy of the shareware version of "The Palace" program (the
"Software"). You are licensed to copy this program onto a
single hard drive or other storage device, and to make a
single back-up or archive copy. "Use" includes loading the
Software into RAM incidental to use.
The Software is not free. This allows you to use the
Software for evaluation purposes without charge for a period
of 21 days. If you use the Software after the 21-day
evaluation period, you must pay a registration fee of $20.00.
Registration payments must be made in US dollars by credit
card. Payment by credit card should be made by calling
1-800-PALACE2 in the United States, and 619-537-2465
internationally. When payment is received, TWI will send you
by electronic mail an authorization code that will activate
the commercial version of The Palace software.
2. NO COMMERCIAL EXPLOITATION. You may not commercially
exploit the Software. Neither you, nor anyone at your
direction, shall (1) rent, lease or sell the Software; (2)
offer the Software on a pay-per-play basis, including
standard access fees for accessing a system running the
Software; (3) distribute the Software for money or other
consideration; or (4) in any manner and through any medium
whatsoever commercially exploit the Software or use the
Software for any commercial purposes.
This prohibition includes using the Software in
conjunction with the advertising, promotion or endorsement
of any product or service, including such actions taking
place "within" the virtual worlds of The Palace. This
prohibition on commercial exploitation extends to the
commercial exploitation, in any manner, of derivative works
created by the modification or expansion of the "virtual
worlds" which are generated by the Software.
3. NO ILLEGAL, TORTIOUS OR INDECENT USE. You agree that
your use of the Software will comport with all applicable
federal, state and local laws, and that you will not use the
Software to transmit indecent material or to commit tortious
or disruptive acts. This is a material term of the license.
TWI is unable to monitor, and does not take any
responsibility for, monitoring the use of the Software by
any licensees. However, TWI retains the right, if given
notice of use of the Software in breach of this material
term of the License Agreement, to unilaterally rescind this
Agreement, and revoke this License based on such use,
without notice to you.
4. LIST OF PALACE SITES. At its sole discretion, TWI may
maintain on the Internet or elsewhere list(s) and/or
hypertext links to Palace sites operated by licensees of the
Software. The existence of any such list(s) and/or hypertext
links does not imply TWI's control, endorsement, approval or
sponsorship of such sites. TWI may add or remove sites on
the list(s) and/or hypertext links at its sole discretion.
This License Agreement grants no right to be included on any
such list(s) and/or hypertext links.
5. DISTRIBUTION PROHIBITED: TWI does NOT give you any
right to distribute, electronically or by any other means,
registered copies of this commercial version of the
Software.
6. TITLE AND RIGHTS NOT GRANTED RETAINED BY TWI. TWI
retains the title to all intellectual property rights,
including copyrights, trademarks and trade names, in the
Software and any accompanying documentation. The Copyright
to the Software is protected by United States copyright laws
and international treaty provisions. TWI retains all rights
not explicitly granted by the terms of this License
Agreement.
7. REMEDIES FOR BREACH. The terms in Paragraphs 1, 2, 3
and 5 of this Agreement are material terms essential to the
purpose of this Agreement. You agree that any breach by you
of these terms is a material breach, granting TWI the right,
at its sole discretion, to rescind the agreement and revoke
the license granted, without notice or opportunity to cure.
Failure by TWI to exercise such remedies in other instances
is no waiver of its right to enforce these remedies in any
particular instance.
8. TERMINATION. Either party may terminate this License
Agreement immediately in the event of breach or default by
the other party. Upon any termination of this Agreement, you
shall immediately discontinue the use of the Software, and
shall within ten (10) days return to TWI all copies of the
Software and any accompanying documentation. You may also
terminate this License Agreement at any time by destroying
the Software, any accompanying documentation, and copies
thereof.
9. LIMITED WARRANTY. THE SHAREWARE VERSION OF THE SOFTWARE
IS LICENSED ON AN "AS-IS" BASIS AND NEITHER TWI NOR ITS
DEALERS, SUPPLIERS OR RESELLERS MAKE ANY WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
WRITTEN MATERIALS, IF ANY.
TWI warrants that if properly installed and operated on a
computer for which it is designed, the commercial version of
the Software will perform substantially in accordance with
its designed purpose for a period of ninety (90) days from
the date the end-user first obtains the Software. TWI's
entire liability and your exclusive remedy shall be, at
TWI's option, either (a) return of the retail price paid, if
any, or (b) repair or replacement of the Software that does
not meet TWI's Limited Warranty. This Limited Warranty is
void if failure of the Software has resulted in whole or in
part from accident, abuse, misapplication or violation of
this Agreement. Any replacement Software will be warranted
for the remainder of the original warranty period or thirty
(30) days, whichever is longer.
10. NO OTHER WARRANTIES. TWI DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND
THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS WHICH VARY FROM STATE TO STATE.
TWI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC
REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL
OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE
AGENTS, EMPLOYEES, DISTRIBUTORS AND DEALERS OF TWI ARE NOT
AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR
ADDITIONAL WARRANTIES ON BEHALF OF TWI. ADDITIONAL
STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS,
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY TWI
AND SHOULD NOT BE RELIED UPON.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
TWI OR ITS DEALERS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TWI BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID, IF ANY, BY THE
LICENSEE FOR THE SOFTWARE, EVEN IF TWI SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
12. MISCELLANEOUS. This License Agreement represents the
complete and exclusive statement of the agreements
concerning this license between the parties and supersedes
all prior agreements and representations between them. It
may be amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET
FORTH HEREIN, AND TWI AGREES TO FURNISH THE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED
IN YOUR PURCHASE ORDER. If any provision of this License
Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to
make it enforceable, and such decision shall not affect the
enforceability (i) of such provision under other
circumstances or ( ii) of the remaining provisions hereof
under all circumstances. Headings shall not be considered
in interpreting this Agreement. This Agreement shall be
governed by and construed under California law as such law
applies to agreements between California residents entered
into and to be performed entirely within California, except
as governed by Federal law. This Agreement will not be
governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which
is hereby expressly excluded.