CD Action 7 A/cdactioncoverdisc/ramtemp/slicense.txt

Text File | 1996-09-19 | 10KB | 176 lines

SHAREWARE VERSION: ALIEN RAMPAGE
LIMITED USE SOFTWARE LICENSE AGREEMENT

        This Limited Use Software License Agreement (the "Agreement") is
        a legal agreement between you, the end-user, and Softdisk, Inc.
        (Softdisk). By continuing the installation of this game program,
        by loading or running the game, or by placing or copying the game
        program onto your computer hard drive, you are agreeing to be
        bound by the terms of this Agreement.

SOFTDISK SOFTWARE LICENSE

        1.      Grant of License.  Softdisk grants to you the limited
        right to use one (1) copy of the enclosed or foregoing Softdisk
        game program (the "Software"), which is the shareware version or
        episode one of the game program.  For purposes of this section,
        "use" means loading the Software into RAM, as well as installation
        on a hard disk or other storage device. You agree that the Software
        will not be shipped, transferred or exported into any country in
        violation of the U.S. Export Administration Act (or any other law
        governing such matters) and that you will not utilize, in any other
        manner, the Software in violation of any applicable law.

        2.      Commercial Use is Prohibited.  Under no circumstances shall
        you, the end-user, be permitted, allowed or authorized to
        commercially exploit the Software, or any portion thereof, such
    as a screen display or a screenshot.  Neither you nor anyone at your
        direction shall do any of the following acts:

        a.      Rent the Software;

        b.      Sell the Software;

        c.      Lease or lend the Software;

        d.      Offer the Software on a pay-per-play basis;

        e.      Distribute the Software for money or any other
                consideration; or

        f.      In any other manner and through any medium
                whatsoever commercially exploit the Software or use
                the Software for any commercial purpose.

        3.      Additional Prohibited Uses.  Neither you, nor anyone at your
        direction, shall take the following action in regard to the
        Software, or any portion thereof, such as a screen display or
    a screenshot:

        a.      Modify, disassemble, reverse engineer or decompile
                the Software;

        b.      Translate the Software;

        c.      Reproduce the Software;

        d.      Publicly display the Software; or

        e.      Prepare derivative works based upon the Software.

    4.    Use of Other Material is Prohibited.  Use, in any manner, of
        the trademarks, logos, symbols, art work, images, screen displays or
        screenshots, sound effects, and other such material contained within,
        generated by, or relating to the Software is prohibited.

    5.      Restrictions Apply to Third Parties.  The prohibitions and
        restrictions described herein apply to anyone in possession of
    the Software.

        6.      Permitted Distribution. So long as this Agreement
        accompanies the Software at all times, Softdisk grants to Providers
        the limited right to distribute, free of charge, except normal access
        fees, and by electronic means only, the Software; provided, however,
        the Software must be so electronically distributed only in a
        compressed format. The term "Providers," as used in the foregoing
        sentence, shall mean persons whose business it is to provide
        services on the Internet, on commercial online networks, or on the
        BBS. Anyone who receives the Software from a Provider shall be
        limited to all the terms and conditions of this Agreement. Further,
        Softdisk grants to you, the end-user, the limited right to
        distribute, free of charge only, the Software as a whole.

        7.      Copyright. The Software is owned by Softdisk and is
        protected by United States copyright laws and international treaty
        provisions. You must treat the Software like any other copyrighted
        material, except that you may make copies of the Software to give to
        other persons. You may not charge or receive any consideration from
        any other person for the receipt or use of the Software. You agree
        to use your best efforts to see that any user of the Software
        licensed hereunder complies with this Agreement.

        8.      Limited Warranty. Softdisk warrants that if properly
        installed and operated on a computer for which it is designed, the
        Software will perform substantially in accordance with its designed
        purpose for a period of ninety (90) days from the date the Software
        is first obtained by an end-user. Softdisk's entire liability and
        your exclusive remedy shall be, at Softdisk's option, either (a)
        return of the retail price paid, if any, or (b) repair or
        replacement of the Software that does not meet Softdisk's Limited
        Warranty. To make a warranty claim, return the Software to the point
        of purchase, accompanied by proof of purchase, your name, your
        address, and a statement of defect, or return the Software with the
        above information to Softdisk. 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.
        This warranty allocates risks of product failure between Licensee
        and Softdisk. Softdisk's product pricing reflects this allocation of
        risk and the limitations of liability contained in this warranty.

        9.      NO OTHER WARRANTIES. SOFTDISK 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 JURISDICTION TO JURISDICTION.
        SOFTDISK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
        UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S 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 SOFTDISK ARE NOT AUTHORIZED TO MAKE
        MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
        OF SOFTDISK. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
        PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES
        BY SOFTDISK AND SHOULD NOT BE RELIED UPON.

        10.      Exclusive Remedies. You agree that your exclusive remedy
        against Softdisk, its affiliates, contractors, suppliers, and agents
        for loss or damage caused by any defect or failure in the Software
        regardless of the form of action, whether in contract,tort,
        including negligence, strict liability or otherwise, shall be the
        return of the retail purchase price paid, if any, or replacement of
        the Software. This Agreement shall be construed in accordance with
        and governed by the laws of the State of Louisiana. Copyright and
        other proprietary matters will be governed by United States laws and
        international treaties. IN ANY CASE, SOFTDISK SHALL NOT BE LIABLE
        FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
        CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH
        OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
        EVEN IF SOFTDISK OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF
        SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions
        do not allow the exclusion or limitation of incidental or
        consequential damages, so the above limitation or exclusion may not
        apply to you.

        11.     General Provisions. Neither this Agreement nor any part or
        portion hereof shall be assigned or sublicensed, except as described
        herein. Should any provision of this Agreement be held to be void,
        invalid, unenforceable or illegal by a court, the validity and
        enforceability of the other provisions shall not be affected thereby.
    If any provision is determined to be unenforceable, you agree to a
    modification of such provision to provide for enforcement of the
        provision's intent, to the extent permitted by applicable law.
        Failure of a party to enforce any provision of this Agreement shall
        not constitute or be construed as a waiver of such provision or of
        the right to enforce such provision. If you fail to comply with any
        terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

        YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
        THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
        OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
        OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO
        BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER
        AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN SOFTDISK
        AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
        RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES
        ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY
        OTHER COMMUNICATIONS BETWEEN SOFTDISK AND YOU RELATING TO THE SUBJECT
        MATTER OF THIS AGREEMENT.

September 19, 1996

SHAREWARE VERSION: ALIEN RAMPAGE LIMITED USE SOFTWARE LICENSE AGREEMENT