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- YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
- BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR
- OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE
- TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
- AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE
- FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.
-
- This software program (the "Program"), any printed materials, any on-
- line or electronic documentation, and any and all copies and
- derivative works of such software program and materials are the
- copyrighted work of Martin Baltensperger. All use of the Program is governed
- by the terms of the End User License Agreement which is provided below
- ("License Agreement"). The Program is solely for use by end users
- according to the terms of the License Agreement. Any use, reproduction
- or redistribution of the Program not in accordance with the terms of
- the License Agreement is expressly prohibited.
-
-
- END USER LICENSE AGREEMENT
-
- 1. Limited Use License. Martin Baltensperger hereby
- grants, and by installing the Program you thereby accept, a limited,
- non-exclusive license and right to install and use one (1) copy of the
- Program for your use on either a home or portable computer. The
- Program is licensed, not sold. Your license confers no title or
- ownership in the Program.
-
- 2. Ownership. All title, ownership rights and intellectual property
- rights in and to the Program and any and all copies thereof (including
- but not limited to any titles, computer code, themes, objects,
- stories, dialog, catch phrases, locations, concepts, artwork, animations,
- sounds, musical compositions, audio-visual effects, methods of operation,
- moral rights, and any related documentation) are owned by Martin Baltensperger,
- except when otherwise stated.
- The Program is protected by international copyright treaties and
- conventions and other laws. All rights are reserved.
-
- 3. Responsibilities of End User.
-
- A. Subject to the Grant of License hereinabove, you may not, in
- whole or in part, copy, photocopy, reproduce, translate, reverse
- engineer, derive source code, modify, disassemble, decompile, create
- derivative works based on the Program, or remove any proprietary
- notices or labels on the Program without the prior consent, in
- writing, of Martin Baltensperger.
-
- B. The Program is licensed to you as a single product. Its
- component parts may not be separated for use on more than one
- computer.
-
- C. You are entitled to use the Program for your own use, but you
- are not be entitled to:
-
- (i) sell, grant a security interest in or transfer
- reproductions of the Program to other parties in any way, nor
- to rent, lease or license the Program to others without the
- prior written consent of Martin Baltensperger.
-
- (ii) exploit the Program or any of its parts for any
- commercial purpose including, but not limited to, use at a
- cyber cafΘ, computer gaming center or any other location-
- based site. Martin Baltensperger may offer a separate Site License
- Agreement to permit you to make the Program available for
- commercial use; contact him for details;
-
- 4. Termination. This License Agreement is effective until
- terminated. You may terminate the License Agreement at any time by
- destroying the Program and any New Materials. Martin Baltensperger may,
- at his discretion, terminate this License Agreement in the event that
- you fail to comply with the terms and conditions contained herein.
- In such event, you must immediately destroy the Program and any New
- Materials.
-
- 5. Limited Warranty. Martin Baltensperger expressly disclaims any warranty for
- the Program and Manual(s). The Program and Manual(s)
- are provided "as is" without warranty of any kind, either express or
- implied, including, without limitation, the implied warranties of
- merchantability, fitness for a particular purpose, or noninfringement.
- The entire risk arising out of use or performance of the Program and
- Manual(s) remains with the User.
-
- 6. Limitation of Liability. Martin Baltensperger SHALL NOT BE
- LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE
- USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF
- GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
- ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
-
- 7. Equitable Remedies. You hereby agree that Martin Baltensperger would be
- irreparably damaged if the terms of this License Agreement were not
- specifically enforced, and therefore you agree that Martin Baltensperger shall be
- entitled, without bond, other security, or proof of damages, to
- appropriate equitable remedies with respect to breaches of this
- License Agreement, in addition to such other remedies as Martin Baltensperger
- may otherwise have available to it under applicable laws.
-
- I hereby acknowledge that I have read and understand the foregoing
- License Agreement and agree that the action of installing the Program
- is an acknowledgment of my agreement to be bound by the terms and
- conditions of the License Agreement contained herein. I also
- acknowledge and agree that this License Agreement is the complete and
- exclusive statement of the agreement between Martin Baltensperger and I and that
- the License Agreement supersedes any prior or contemporaneous
- agreement, either oral or written, and any other communications
- between Martin Baltensperger and myself.