This Software Licensing Agreement ("Agreement") is a legal agreement between you and 21-6 Productions, Inc. ("21-6"). By installing this Software, by loading or running the Software, by placing or copying the Software onto your hard drive, or by distributing the Software, you agree to be bound by the terms of this Agreement. These are the only terms by which 21-6 permits copying or use.
21-6 Productions, Inc. LICENSE AGREEMENT FOR Orbz
General terms:
1. THE SOFTWARE.
The Software licensed under this agreement is the computer program Orbz, which consists of executable files, data files, and documentation.
2. GRANT OF LICENSE.
21-6 grants you the right to use the Software in accordance with the terms of this Agreement. You may load the software into RAM as well as install it on a hard disk or other storage device. You may not modify, translate, disassemble, reverse engineer, decompile, or create derivative works based upon the Software. You agree that the Software will not be shipped, transferred, or exported into any country in violation of the U.S. Export Administration Act and that you will not utilize the Software in violation of any applicable law.
2.1. DEMO VERSION LICENSE.
You may distribute copies of the demo version of the Software freely to other users, provided that any copy must contain the original, unaltered files and proprietary notices. You have the ability to register the demo version at any time by purchasing the full version from 21-6.
2.2. REGISTERED VERSION LICENSE.
When you purchase the Software, you will receive the full registered version. You agree not to distribute the registered version to others and to use it only for your own personal use. You acknowledge that distribution of the registered version to others, whether intentional or unintentional, could damage 21-6 both financially and professionally. Any unauthorized distribution of your registered version will result in immediate and automatic termination of your license.
3. COPYRIGHT.
The Software is owned by 21-6 and is protected by United States copyright laws and international treaties. You must treat the Software like any other copyrighted material, except that you may make copies of the demo version of the Software to give to other persons under the terms of this Agreement. You may not distribute copies of the registered version to others. Except as expressly licensed by 21-6 in writing, 21-6 reserves the exclusive copyright and all other rights, title and interest to distribute the Software, and to use Trademarks in connection with them. "Trademarks" refers to the name of the Software, the name 21-6, and the 21-6 logo, which are trademarks of 21-6.
4. NO WARRANTY.
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. 21-6 PRODUCTIONS, INC. WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERM.
The term of this license grant is perpetual. You may terminate this Agreement at any time by destroying all copies of the Software in your possession. Your license to use the Software will automatically terminate if you breach the terms of this Agreement.
6. GENERAL PROVISIONS.
This Agreement is the sole and entire Agreement relating to the subject matter hereof, and supercedes all prior understandings, agreements, and documentation relating to such subject matter. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement will be governed by the laws of the State of Colorado. With respect to every matter arising under this Agreement, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Denver, Colorado, and to service by certified mail, return receipt requested, or as otherwise permitted by law. This Agreement does not create any agency or partner relationship. Your rights under this Agreement are personal and do not include any right to sublicense the Software. This Agreement may be terminated by 21-6 by giving a 30-day advance written notice.
7. DISTRIBUTION.
21-6 allows and encourages all web sites, on-line services, shareware disk vendors, CD-ROM vendors, bulletin board systems, and end-users to freely distribute the demo version of this Software. If you wish to distribute the Software, you may obtain the most recent version from www.garagegames.com. It is generally not necessary to contact 21-6 for authorization, and you may begin offering the demo version immediately.
Thank you for using this Software in accordance with the terms of this Agreement.