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200+ Great Games for PDA
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200+PalmGames
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Stocker
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license.txt
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2003-01-13
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SOFTWARE LICENSE AGREEMENT AND LIMITED WARRANTY
Stocker for Palm OS
"You" means the person or company identified below, who is being licensed to use
the "Software" identified in the title of this License Agreement. "We" and "us"
means ReturnOne.com.
LIMITED NONEXCLUSIVE LICENSE
You acknowledge that you are acquiring only a limited nonexclusive license to
use the Software (the "License"). We remain the owner of all right, title, and
interest in the Software and in any copies of it.
The License permits you to install the Software on one or more devices, provided
that there is no possibility that the Software will be used on more than one
device simultaneously; any such simultaneous use requires a separate license for
each device.
You may make a reasonable number of backup copies of the Software solely for
backup purposes.
You agree not to make nor to permit the making of copies of the Software
(including its documentation) except as authorized by this License Agreement or
otherwise authorized in writing by us.
You agree not to engage in nor to permit the decompilation, disassembly, or
other reverse engineering of the Software.
LIMITED WARRANTY
The software and accompanying written material (including instructions for use)
are provided "as is" without warranty of any kind. Further, we do not warrant,
guarantee or make any representations regarding the use or the results of use,
of the Software or written materials in terms of correctness, reliability,
accuracy or fitness for purpose. The entire risk as to the results and
performance of the software is assumed by you. Should the software be defective,
you and not ReturnOne.com or its dealers, agents, distributors or employees,
assume the entire cost of all necessary repair, servicing and correction.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM
ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF
TITLE, OF NONINFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR
PURPOSE, regardless whether we know or have reason to know of your particular
needs.
No employee, agent, dealer, or distributor of ours is authorized to modify this
limited warranty, nor to make any additional warranties.
No action for any breach of the above limited warranty may be commenced more
than one (1) year following the expiration date of the warranty.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
Independent of the foregoing provisions, IN NO EVENT WILL WE BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE,
regardless whether we know or have reason to know of the possibility of such
damages.
Some states do not allow exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
YOUR INDEMNITY TO US
Independent of the foregoing provisions, you agree to defend and indemnify us
against, and hold us harmless from, any and all claims, damages, losses, and
expenses of any kind arising from or connected with the operation of your
business.
TERMINATION
If you materially breach this License Agreement, we may terminate your right to
use the Software by notice to you.
You agree that, upon termination of the License, you will either return to us
or destroy all copies of the Software in your possession.
ENTIRE AGREEMENT, ETC.
This written License Agreement is the exclusive agreement between you and us
concerning the Software and supersedes any and all prior oral or written
agreements, negotiations, or other dealings between us concerning the Software.
In the event of litigation between you and us concerning the Software, the
prevailing party in the litigation and the prevailing party in any ancillary
disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees
and expenses from the other party.
This License Agreement is effective upon the use of the Software (provided that
your acquisition of a copy of the Software was from us or our representative);
you agree that we need not sign this License Agreement in order for it to take
effect.