PC Gamer 4.1 - Disc 1/1998-07_Disc_4.1.iso/swarm/license.txt

Text File | 1998-03-03 | 11KB | 174 lines

         LIMITED USE SOFTWARE LICENSE AGREEMENT

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

     1.  Grant of License for Software.  Subject to the terms and conditions of this
         Agreement, Reflexive grants to you the non-exclusive and limited right to use
         the software game program entitled SWARM in executable or object code form only
         (the "Software") for recreational purposes only.  The term "Software" includes
         all elements of the Software such as data files, images appearing in the Software
         and screen displays.  You are not receiving any ownership or proprietary right,
         title or interest in or to the Software or the copyright, trademarks, or other
         rights related thereto.  For purposes of this section, "use" means loading the
         Software into RAM and/or onto computer hard drive, as well as installation of
         the Software 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) by you or any one at your direction and that you will
         not utilize and will not authorize anyone to utilize, in any other manner, the
         Software in violation of any applicable law.  The Software may not be exported
         or reexported into (or to a national or resident of) any country to which the U.S.
         has embargoed goods or to anyone or into any country who/which are prohibited, by
         applicable law, from receiving such property.

     2.  Prohibitions with Regard to Software. You, either directly or in- directly, shall
         not 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 by any means, including, but not limited to, Internet
         or other electronic distribution, direct mail, retail, mail order, or other means;

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

     g.  disassemble, reverse engineer, decompile, modify or alter the Software;

     h.  translate the Software;

     i.  reproduce or copy the Software (except as permitted by section 3. Herein below);

     j.  publicly display the Software; or

     k.  prepare or develop derivative works based upon the Software.

     3.  Permitted Copying.  You may make only the following copies of the Software:
         (i) you may copy the Software from the CD ROM (if applicable) which you purchase
         onto your computer hard drive; (ii) you may copy the Software from your computer
         hard drive into your computer RAM; and (iii) you may make one (1) "back up" or
         archival copy of the Software on one (1) hard disk.

     4.  Intellectual Property Rights.  The Software, including the Reflexive Images,
         and all printed material accompanying the Software (the "Printed Materials")
         and all copyrights, trademarks and all other conceivable intellectual property
         rights related to the Software, the Printed Materials and the Reflexive
         Images are owned by Reflexive and are protected by United States copyright
         laws, international treaty provisions and all applicable law, such as the
         Lanham Act.  You must treat the Software, the Printed Materials and the
         Reflexive Images like any other copyrighted material, as required by 17 U.S.C.,
         101 et seq. and other applicable law.  You agree to use your best efforts to
         see that any user of the Software licensed hereunder, the Printed
         Materials complies with this Agreement.  You agree that you are receiving
         a copy of the Software, including the Reflexive Images, and the Printed
         Material by license only and not by sale and that the "first sale" doctrine
         of 17 U.S.C. 109 does not apply to your receipt or use of the Software
         or the Printed Materials.  This section 4. shall survive the cancellation
         or termination of this Agreement.

     5.  Limited Reflexive Warranty. Reflexive warrants to the original purchaser of
         the Software recorded on CD ROM, that the CD ROM on which the Software is recorded
         will be free from defects in material and workmanship for 90 days from the date
         of purchase.  If the CD ROM is found to be defective within 90 days of original
         purchase, Reflexive agrees to replace, free of charge, any product discovered
         to be defective within such period upon its receipt of the product, postage
         paid, with proof of the date of purchase, as long as the Software is still
         being manufactured by Reflexive. In the event that the Software is no longer
         available, Reflexive retains the right to substitute a similar program of
         equal or greater value. This warranty is limited to the recording medium
         containing the Software as originally provided by Reflexive and is not
         applicable to normal wear and tear. This warranty shall not be applicable
         and shall be void if the defect has arisen through abuse, mistreatment,
         or neglect.  EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER
         WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY
         OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
         REFLEXIVE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
         UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC
         REQUIREMENTS.  ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR
         WRITTEN, DO NOT CONSTITUTE WARRANTIES BY REFLEXIVE AND SHOULD NOT BE RELIED
         UPON.  This section 5. shall survive the cancellation or termination of
         this Agreement.

If returning the Software for warranty replacement, the original product disks must
be sent only in a protective packaging and include: (1) a photocopy of your dated
sales receipt; (2) your name and return address typed or clearly printed; (3) a brief
note describing the defect, the problem(s) you are encountered and the system on
which you are running the Software; (4) if you are returning the Software after the
90-day warranty period, but within one year after the date of purchase, please
include check or money order for $10 U.S. currency per CD or floppy disk replacement.
Note: Certified mail recommended.

In the U.S. send to
Warranty Replacements
Reflexive, Inc.
14252 Culver Dr. Ste. A303
Irvine, California  92604

     6.  Venue and Liability Limitation.  This Agreement shall be construed in accordance
         with and governed by the laws of the State of California and applicable United
         States federal law.  Copyright and other proprietary matters will be governed
         by United States laws and international treaties.  Except as set forth below,
         exclusive venue for all litigation with regard to this Agreement shall be in
         Orange County, California and you agree to submit to the jurisdiction of the
         courts in Irvine, California for any such litigation.

         IN ANY CASE, NEITHER REFLEXIVE, NOR ANY OF REFLEXIVE'S RESPECTIVE OFFICERS,
         EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
         (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF DATA, LOSS
         OF  PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
         PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF
         CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN
         IF REFLEXIVE OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY
         OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE 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.  This section 6. shall survive the
         cancellation or termination of this Agreement.

     7.  U.S. Government Restricted Rights.  To the extent applicable, the United
         States Government shall only have those rights to use the Software, the
         Printed Materials and Reflexive Images appearing in the Levels as expressly
         stated and expressly limited and restricted in this Agreement, as provided
         in 48. C.F.R. 227.7202-1 through 227.7204.

     8.  General Provisions.  Neither this Agreement nor any part or portion hereof
         shall be assigned or sublicensed by you.  Reflexive may assign its respective
         rights under this Agreement in the assigning party's sole discretion.
         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 Reflexive 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 or breach any term or condition of this Agreement, YOUR LICENSES AND
         THIS AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE.  In the event
         this Agreement is terminated, you shall have no right to use the Software or
         the Printed Materials, in any manner, and you shall immediately destroy all
         copies of the Software and the Printed Materials in your possession, custody
         or control.

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

March 2, 1998