FIRST CONTACT(tm) Multi-Player Voice Communicator (c)
Software LICENSE AGREEMENT
By clicking on the "Yes" button, you (either an individual or a single entity) (the "End User"), agree to be bound by this license agreement (the "Agreement") with Alienware Technology, Inc. ("Alienware Technology") of, Miami, Florida.
BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This License Agreement accompanies First Contact Communicator and related materials (the "Software"), including accompanying documentation, sound files, image files. Any upgrade, modified version, or updates to the Software licensed to you by Alienware Technology is also included in the term "Software".
If you are using an evaluation version of First Contact Communicator, see the section title "Evaluation License" below.
Upon your acceptance of this Agreement, Alienware Technology grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. This software is licensed, not sold, to you for use only under the terms of this agreement. This Software is the sole property of Alienware Technology and is protected by United States Copyright Law, and International Treaty provisions. Alienware Technology continues to own the Software, and reserves any rights not expressly granted to you.
End User acknowledges that the Software is a valuable and proprietary asset of Alienware Technology. Portions of the Software comprise Alienware Technology valuable trade-secrets and know-how.
2. Clicking on the "Yes" button during installation, or installation of the Software or any portion of it shall constitue acceptance of this Agreement. By accepting this License Agreement, the End User agrees to be bound by it, and accepts every one of the terms and conditions of this License Agreement. If the End User is not agreeable to each and every one of the terms and conditions of this License Agreement, the End User must remove the Software and any documentation and related materials provided to you.
3. This License Agreement is effective from the date you receive the Software, and will remain in force until terminated. This License Agreement shall also automatically terminate if you breach any of the terms and conditions of this License Agreement. If for any reason your right to use the software terminates, you must remove and destroy all copies of this software and any documentation provided to you. Alienware Technlogy reserves the right without notice to disable (including remotely) the Software in the event of a breach of this License Agreement by you.
This Agreement will be governed by the laws of the State of Florida, U.S.A., excluding the application of its conflicts of law rules.
If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
4. Alienware Technology grants to End User a royalty-free, non-exclusive, license to:
(a) use one copy of the Software on a single computer;
(b) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;
(c) use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network; and
(d) after written notice to Alienware Technology, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement;
5. End User agrees not to
(a) copy the documentation which accompanies the Software;
(b) sublicense, rent or lease any portion of the Software;
6. End User agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, or create derivative works from the Software. End User agrees not to load or execute the Software under any debugger software, or any other reverse engineering tool.
End User agrees to protect the Software, related materials, Serial Number or Registration Information from unauthorized copy or use. End User acknowledges that the source code for the Software and other trade secrets embodied in the Software have not been, and are not going to be, disclosed to you. End User acknowledges and agrees that the Software may contain code that detects or prevent unauthorized use of the Software.
7. The Software is being delivered to you AS IS and Alienware Technology makes no warranty, either express or implied, as to its use, performance, or fitness for a particular purpose. Alienware Technology do not and cannot warrant the performance or results you may obtain by using the Software. Alienware technology does not warrant that the Software will mee tthe End User's requirements or that the operation of the Software will be continuous or error free, or that defects will be corrected.
In no event will Alienware Technology be liable to you for any consequentual, incidental or special damages, including but not limited to damages for computer or computer peripherals failure, loss of information, data, or the use of the Software or other End User's software, any lost profits or lost savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
8. End User agrees not to challenge or contest, directly or indirectly, the validity, title or registration of any of Alienware Technology rights associated with or in the Software or assist any person to do so.
9. The End-User waives its rights to any cause of action against Alienware Technology for infringement of patents, copyrights or other intellectual property rights relating to the Software Program or Documentation, or any portions thereof. Alienware Technology makes no representation and gives no warranties as to infringement of patents, copyrights or other intellectual property rights relating to the Software and/or the Documentation or any portions thereof.
10. If End User does not comply with the End User's obligations the license granted hereunder shall terminate immediately. Upon termination of this license for any reason, End User must destroy or delete any and all End User's copies of the Software.
11. End User agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.
12. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d), excluding subparagraph (c)(2)(iv), of FAR 52.227-19 when applicable, or in DFARS 227.7202-3, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Alienware Technology, Inc. The use of the Software or Documentation by the Government constitutes acknowledgment of Alienware Technology's proprietary rights in the Software and Documentation.
13. By using this Software you grant Alienware Technology the full right to gather statistical information and all other info you might enter in the Software. This includes, but is not limited to, ip addresses and ports of the servers you play on.
End User acknowledges and agrees that the Software may send any time diagnostics and authentification information to Alienware Technology.
We reserve the right to use all statistical information gathered as we see fit. Alienware Technology guarantees your complete privacy. Your ip address, email address, or any other sensitive information would be by no means read from your system or transferred to Alienware Technology.
Evaluation License Agreement.
-----------------------------
The following license applies to the evaluation version of First Contact Communicator. If you have purchased a license for the registered version of First Contact Communicator, see the License Agreement above.
Upon your acceptance of this Agreement, Alienware Technology grants to you a nonexclusive, time limited license to use the Software, provided that you agree to the following:
1. This software is licensed, not sold, to you for use only under the terms of this agreement. This Software is the sole property of Alienware Technology and is protected by United States Copyright Law, and International Treaty provisions. Alienware Technology continues to own the Software, and reserves any rights not expressly granted to you.
End User acknowledges that the Software is a valuable and proprietary asset of Alienware Technology. Portions of the Software comprise Alienware Technology valuable trade-secrets and know-how.
2. Clicking on the "Yes" button during installation, or installation of the Software or any portion of it shall constitue acceptance of this Agreement. By accepting this License Agreement, the End User agrees to be bound by it, and accepts every one of the terms and conditions of this License Agreement. If the End User is not agreeable to each and every one of the terms and conditions of this License Agreement, the End User must remove the Software and any documentation and related materials provided to you.
3. This License Agreement is effective from the date you receive the Software, and will remain in force until terminated. This License Agreement shall also automatically terminate if you breach any of the terms and conditions of this License Agreement. If for any reason your right to use the software terminates, you must remove and destroy all copies of this software and any documentation provided to you. Alienware Technlogy reserves the right without notice to disable (including remotely) the Software in the event of a breach of this License Agreement by you.
This Agreement will be governed by the laws of the State of Florida, U.S.A., excluding the application of its conflicts of law rules.
If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. his License Agreement may not be modified.
4. Alienware Technology grants to End User a royalty-free, non-exclusive, limited time, license to:
(a) use the Software for evaluation purposes for a limited time of 30 calendar days.
(b) Make copies of the evaluation version of the software.
(c) Freely distribute the Evaluation version of the Software, as long as the Software is distributed unmodified, and the distribution includes all the files shipped with the Software, including this License Agreement.
5. End User agrees not to
(a) copy the documentation which accompanies the Software;
(b) sublicense, rent or lease any portion of the Software;
6. During the Evaluation period (30 days), the Software will provide most of the functionality of the registered version of the Software. After the Evaluation period, the End User can register the Software, going to Alienware Technology's web site (www.alienwaretech.com), in which case the Software will continue to operate. If the End User decides not to register the Software, the End User must uninstall and remove the Software.
7. End User agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, or create derivative works from the Software. End User agrees not to load or execute the Software under any debugger software, or any other reverse engineering tool. End User agrees not to extract any bits or resources of the software, such as code, icons, bitmaps, texts, and so on.
End User agrees to protect the Software, related materials, Serial Number or Registration Information from unauthorized copy or use. End User acknowledges that the source code for the Software and other trade secrets embodied in the Software have not been, and are not going to be, disclosed to you. End User acknowledges and agrees that the Software may contain code that detects or prevent unauthorized use of the Software.
8. The Software is being delivered to you AS IS and Alienware Technology makes no warranty, either express or implied, as to its use, performance, or fitness for a particular purpose. Alienware Technology do not and cannot warrant the performance or results you may obtain by using the Software. Alienware technology does not warrant that the Software will mee tthe End User's requirements or that the operation of the Software will be continuous or error free, or that defects will be corrected.
In no event will Alienware Technology be liable to you for any consequentual, incidental or special damages, including but not limited to damages for computer or computer peripherals failure, loss of information, data, or the use of the Software or other End User's software, any lost profits or lost savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
9. End User agrees not to challenge or contest, directly or indirectly, the validity, title or registration of any of Alienware Technology rights associated with or in the Software or assist any person to do so.
10. The End-User waives its rights to any cause of action against Alienware Technology for infringement of patents, copyrights or other intellectual property rights relating to the Software Program or Documentation, or any portions thereof. Alienware Technology makes no representation and gives no warranties as to infringement of patents, copyrights or other intellectual property rights relating to the Software and/or the Documentation or any portions thereof.
11. If End User does not comply with the End User's obligations the license granted hereunder shall terminate immediately. Upon termination of this license for any reason, End User must destroy or delete any and all End User's copies of the Software.
12. End User agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.
13. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d), excluding subparagraph (c)(2)(iv), of FAR 52.227-19 when applicable, or in DFARS 227.7202-3, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Alienware Technology, Inc. The use of the Software or Documentation by the Government constitutes acknowledgment of Alienware Technology's proprietary rights in the Software and Documentation.
14. By using this Software you grant Alienware Technology the full right to gather statistical information and all other info you might enter in the Software. This includes, but is not limited to, ip addresses and ports of the servers you play on.
End User acknowledges and agrees that the Software may send any time diagnostics and authentification information to Alienware Technology.
We reserve the right to use all statistical information gathered as we see fit. Alienware Technology guarantees your complete privacy. Your ip address, email address, or any other sensitive information would be by no means read from your system or transferred to Alienware Technology.
