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license.txt
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2000-01-24
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84 lines
Single User License Agreement
READ BEFORE INSTALLING
IMPORTANT: READ THIS AGREEMENT BEFORE INSTALLING THE SOFTWARE.
INSTALLING AND USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF
THE TERMS STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, PROMPTLY DELETE ALL COPIES OF THE DOWNLOADED FILES
FROM ALL YOUR ELECTRONIC DEVICES.
1. LICENSE. In consideration of the license fee ("License Fee")
you pay to WhitehorseGames, a division of Firepad, Inc.
("Firepad"), Firepad hereby grants you a nontransferable,
non-exclusive license to install and use this software product
(the "Program") subject to the terms and conditions set forth
in this Single End User License Agreement ("Agreement").
2. OWNERSHIP AND COPYRIGHT. This Program is owned by Firepad
and is protected by the United States copyright laws and
international treaty provisions. You must treat the Program
like other copyrighted material with the following exception:
Under this Agreement, you may make archival copies of the
Program for the sole purpose of having a backup copy. You
may not copy the documentation which accompanies the Program.
3. RESTRICTIONS ON USE. You may install and use the Program
on one stand-alone computer at one time. You may not install
and/or use the Program on more than one computer at one time.
You may not install the Program on a network file server.
You may not use, copy or transfer copies of the Program except
as provided in this Agreement. You may not reverse engineer,
decompile or disassemble the Program. You may not sublicense,
rent, lease, distribute or assign the Program to any third
party. You may not use the Program to operate a service bureau
or other revenue-generating service business.
4. NO TRANSFER. You may not transfer any of your rights to use
the Program to a third party.
5. TERM. This Agreement is effective until terminated. You may
terminate at any time by destroying all copies of the Program
in any form. It will terminate automatically if you fail to
comply with any term or condition of this Agreement. Upon such
termination, you agree to destroy all copies of Program.
6. WARRANTY DISCLAIMERS. FIREPAD MAKES NO WARRANTY OR
REPRESENTATION WITH RESPECT TO THE PROGRAM AND IT IS LICENSED
"AS IS." THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY STATEMENTS OR
REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
7. LIABILITY LIMITATIONS. YOU ASSUME ALL RISK AS TO THE
SELECTION, USE, PERFORMANCE AND QUALITY OF THE PROGRAM. IN NO
EVENT WILL FIREPAD OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN
THE CREATION, PRODUCTION OR DELIVERY OF THE PROGRAM BE LIABLE
FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST
PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS
INFORMATION OR DATA, EVEN IF FIREPAD OR SUCH OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL FIREPAD'S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES
OR LOSS TO USER OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID
FOR THE PROGRAM, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.
8. EXPORT RESTRICTIONS. This Program or underlying information
or technology may not be downloaded or otherwise exported or re-
exported into (or to a national or resident of) Cuba, Iraq,
Libya, Sudan, North Korea, Iran, Syria or any other country
subject to a U.S. embargo.
9. GENERAL. If any provision or portion of a provision of this
Agreement is determined to be invalid or unenforceable, it
shall be deemed omitted and the remaining provisions of this
Agreement shall remain in full force and effect. This Agreement
constitutes the entire agreement between the parties with
respect to the subject matter hereof, and all prior agreements,
representations, statements and undertakings are hereby
expressly cancelled.