Chip 1997 June/CHIP Turkiye Haziran 1997.iso/oyun/quiv/license.doc

Text File | 1997-03-16 | 11KB | 218 lines

QUIVER End User License Agreement

IMPORTANT:  PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
(THIS "AGREEMENT") CAREFULLY BEFORE YOU INSTALL OR USE ANY
OF THE ACCOMPANYING SOFTWARE.  BY DOWNLOADING AND INSTALLING
THE QUIVER SOFTWARE, YOU ACCEPT OF EACH OF THE TERMS OF THIS
AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT.  THE TERMS OF THE AGREEMENT APPLY TO YOU AND TO
ANY SUBSEQUENT LICENSEE OF THE PRODUCT.  IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT
INSTALL OR USE EITHER THE TRIAL QUIVER SOFTWARE OR THE FULL
QUIVER SOFTWARE AND MUST EITHER DESTROY OR RETURN ALL COPIES
YOU MAY HAVE.

1.  LICENSES CONCERNING THE QUIVER DISTRIBUTION.  The QUIVER
Software is licensed in TRIAL QUIVER, LOCKED FULL QUIVER and
UNLOCKED FULL QUIVER versions for use together with any
other files accompanying this Agreement, whether on disk, in
read only memory or any other media (collectively, the
"QUIVER Software").

     The LOCKED FULL QUIVER Software is secured using
locking technology that requires an activation code to enable
the UNLOCKED FULL QUIVER version to operate, which will be
provided when payment and a special code number generated by
the locking technology and affirmation of your agreement to
the provisions of this Agreement is delivered to
ADvertainment Software, Inc. ("ADvertainment").  No license
to the UNLOCKED FULL QUIVER version is granted hereunder
until you have obtained from ADvertainment a special code
number to unlock the software.

QUIVER Software is distributed in ".ZIP" versions, or as
directories on one or more diskettes.  Licenses to all
versions are non-exclusive and solely for personal use in
accordance with the provisions set forth in this Agreement.
Although you may own the media on which all or any part of
the QUIVER Software is recorded, ADvertainment retains the
ownership of the QUIVER Software and any copies made
therefrom.

2.  GRANT OF RIGHTS: TRIAL QUIVER SOFTWARE.  Licensees of
the TRIAL QUIVER version may:

      LOAD and USE the TRIAL QUIVER Software for as long as
you like solely for personal use.


     COPY and DISTRIBUTE all of the QUIVER SOFTWARE (but
not any UNLOCKED FULL QUIVER) version in the form in which
it was distributed to you, or by making a complete copy of
the directory generated by opening the ".ZIP" distribution.
You may not distribute any part of the QUIVER Software
unless you deliver all of the files or the ".ZIP"
distribution.

3.  GRANT OF RIGHTS: UNLOCKED FULL QUIVER VERSION.
Licensees of the UNLOCKED FULL QUIVER version may:

      LOAD and USE the UNLOCKED FULL QUIVER Software solely
for personal use on a single computer, but only if an
activation code has been purchased from ADvertainment.
Except as set forth below, only one executable copy of the
UNLOCKED FULL QUIVER Software may exist for each activation
code so purchased at any time.  No site license or other
license for network use is granted hereunder, and you may
not place the UNLOCKED FULL QUIVER Software on any medium
that may be executed from more than one computer on a network.

     Make one (1) COPY of the UNLOCKED FULL QUIVER Software
for back-up purposes only.  The back-up copy must contain
all copyright notices contained in the original QUIVER
Software.

     TRANSFER the license to the UNLOCKED FULL QUIVER
Software to another person, but only if that person agrees
to accept all of the terms of this Agreement, gives written
notice of the transfer to ADvertainment and you destroy all
copies of the UNLOCKED FULL QUIVER Software not delivered to
the Transferee of the license.

     TERMINATE this Agreement by destroying the original and
all copies of the UNLOCKED FULL QUIVER Software in whatever
form and giving notice in writing to ADvertainment of such
termination.  All provisions concerning the protection of
ADvertainment's interest in its proprietary software shall
survive the termination of this Agreement.

ADvertainment makes no commitment of any kind to support or
otherwise assist in any use of the TRIAL QUIVER version.

4.  LIMITATIONS ON ALL LICENSES.  In any case, you may not:

     Loan, distribute, rent, lease, give, sublicense or
otherwise transfer the UNLOCKED FULL QUIVER Software (or any
copy made therefrom), or any version identified as a
PRERELEASE or DO NOT DISTRIBUTE VERSION in whole or in part,
to any other person, except as permitted hereunder.

     Copy, alter, translate, decompile, disassemble, reverse
engineer or otherwise create derivative works from any
QUIVER Software, including but not limited to, modifying the
QUIVER Software to make it operate on non-compatible
hardware, or to modify the TRIAL QUIVER SOFTWARE to perform
any of FULL QUIVER SOFTWARE functions.

     Use any utility ("cracking") software or other means to
circumvent the locking technology employed to protect the
LOCKED FULL QUIVER SOFTWARE from being used to obtain a copy
of the UNLOCKED FULL QUIVER SOFTWARE.

     Remove, alter or otherwise modify or prevent the
display of any copyright notices, startup messages or other
notices that may be contained in any QUIVER Software.

     Export the QUIVER Software or the product components in
 violation of any United States export laws.ALL LICENSE
RIGHTS GRANTED TO YOU HEREUNDER TERMINATE IMMEDIATELY UPON
YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS AND PROVISIONS
SET FORTH HEREIN.

5.  RESERVATION OF RIGHTS.  ADvertainment reserves all
right, title and interest in and to all and every portion of
 the QUIVER Software, including the ownership of all
copyrights, patents, trademarks and all other intellectual
property rights subsisting in and to the foregoing, and all
adaptations to and modifications created therefrom.
ADvertainment retains all rights not expressly licensed
under this Agreement.  The QUIVER Software, including any
images, graphics, photographs, animation, video, audio,
music, characters, props, and text incorporated therein is
owned by ADvertainment Software or its suppliers and is
protected by United States copyright laws and
international treaty provisions.

6.  DISCLAIMER OF WARRANTIES.  You expressly acknowledge and
agree that your use of the QUIVER Software is at your sole
risk.  THE QUIVER SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND, AND ADVERTAINMENT EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT OF THIRD
PARTY RIGHTS.  THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE QUIVER SOFTWARE IS BORNE BY YOU.
ADVERTAINMENT SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE QUIVER SOFTWARE WILL MEET YOUR REQUIREMENTS,
OR THAT THE OPERATION OF THE QUIVER SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE QUIVER
SOFTWARE WILL BE CORRECTED.  FURTHERMORE, ADVERTAINMENT DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE QUIVER SOFTWARE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADVERTAINMENT
OR AN ADVERTAINMENT REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD
THE QUIVER SOFTWARE PROVE DEFECTIVE, YOU (AND NOT
ADVERTAINMENT SOFTWARE OR AN ADVERTAINMENT SOFTWARE
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7.  LIMITATION OF LIABILITY.  THE TRIAL VERSION OF THE
QUIVER SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
ADVERTAINMENT SOFTWARE BE LIABLE UNDER ANY THEORY OR FOR ANY
DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR
OTHER DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE QUIVER SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR ANY OTHER PECUNIARY LOSS), EVEN IF ADVERTAINMENT SOFTWARE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE
CASE YOU ARE A LICENSEE OF THE  UNLOCKED FULL QUIVER VERSION,
ADVERTAINMENT'S SOLE OBLIGATION UNDER THIS AGREEMENT SHALL
BE TO REPAIR OR REPLACE THE UNLOCKED FULL QUIVER VERSION OR,
AT ADVERTAINMENT'S SOLE DISCRETION TO REFUND THE AMOUNT YOU
PAID FOR SUCH LICENSE.   SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THIS LIMITATION MAY NOT APPLY TO YOU.

8.  U.S.  GOVERNMENT RESTRICTED RIGHTS.  The QUIVER Software
product and documentation is provided with RESTRICTED RIGHTS.
The use, duplication or disclosure by the Government is subject
to restrictions as set forth in subdivision (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause at
52.227-7013.  The contractor/manufacturer of this software is
ADvertainment Software, Inc., 4925 Bayshore Blvd, Tampa,
Florida, 33611, U.S.A.

9.  ARBITRATION OF DISPUTES.  Except for claims seeking
injunctive relief for the infringement or misappropriation
of intellectual property rights, any controversy or claim
arising out of or relating to this Agreement apart from
controversies or claims seeking injunctive relief shall
be settled by arbitration in accordance with the rules of
the American Arbitration Association then in force and
effect.  The arbitration, including the rendering of an
award, shall take place in Hillsborough County, Florida.
The arbitrator or arbitrators shall apply the substantive
law of the State of Florida.  Judgment on the award
rendered by the arbitrator or arbitrators may be entered
in any court having jurisdiction thereof.

10.  GENERAL PROVISIONS.  This Agreement constitutes the
entire agreement between you and ADvertainment Software
regarding the QUIVER Software and supersedes any prior
representations, understandings and agreements, either oral
or written.  No amendment to or modification of this
Agreement will be binding unless in writing and signed by
ADvertainment Software.  This Agreement shall be governed
under the laws of the State of Florida.  If for any reason
a court of competent jurisdiction finds any provision of
this Agreement, or portion thereof, to be unenforceable,
the remainder of this Agreement shall continue in full
force and effect.