This document is a legal agreement between you, the end-user, and us, Zero Entertainment, Inc. It explains when and how you may use Pop! The Balloon Dog Puzzle Game (the "Game"). Please read this Agreement carefully before installing the Game. Reading this Agreement is important because, by installing our Game, by loading or running it, or by copying it onto your computer, you agree to all of the Agreement's terms and conditions.
SHAREWARE AND REGISTERED VERSIONS. By running the "InstallPop.exe" file, you will install the shareware version of the Game. The shareware version is identical in form and function to the registered version, except that the shareware version is limited 10 levels. To register the shareware version of the Game, you must register the game online at http://www.zeroentertainment.com and pay us the applicable registration fee. We will provide you via e-mail with a unique code (the "Key"), which will allow you to access all the levels of the Game.
USE. Here is how you may use our Game:
Shareware Version. You may use the shareware version of the Game for as long as you like in order to determine whether you like it enough to pay for the far cooler, full-featured registered version. You may install the shareware version on as many computers as you like, as long as you include all of the files that you originally received with the shareware version and as long as each installation complies with the terms of this Agreement. You may also distribute the shareware version of the Game as long as you follow all of the rules in the "Distribution" section of this Agreement.
Registered Version and Key. Once you have registered with us and received your Key, you will be able to unlock and play all sorts of new and exciting levels of the Game. You may install and use the registered version of the Game on no more than one computer at a time, and you may not, under any circumstances, allow anyone else to have or use your Key. Your registered version will bring you hours of thrills, chills and good, clean entertainment.
DISTRIBUTION. We want everyone to love our Game as much as you do, so we encourage you to distribute the shareware version. You may distribute the shareware version by online transmission, bulletin board system, CD-ROM, floppy disks or any other means, and you may bundle the shareware version of the Game new hardware
(computers, sound cards, video cards, etc.) as long as you follow these rules:
You do not alter or remove any of the files associated with the Game.
If you wish to commercially distribute the Game on CD-ROM or floppy disks through mail-order, wholesale, retail, or any other channels, you must (in addition to abiding by the rule listed above):
A. Explain the shareware concept and describe the Game as shareware.
B. Credit Zero Entertainment as the publisher of the Game in all catalogs and program descriptions.
C. Include the word "Shareware" in large type on the front-cover packaging.
D. Include the name "Zero Entertainment" next to the Game title, whether it appears in print, on the CD-ROM or disk covers, or in electronic form.
If you wish to distribute the Game in a retail environment, you must (in addition to abiding by the rules listed above) send us a copy of your packaging for our approval before distributing the Game.
Contact us if you would like to distribute the Game in a new and unique way. If you have a good idea, we'll be your best friend.
RESTRICTIONS. Although we like you, you may not do any of the following things with either the shareware or the registered versions of the Game:
No Commercial Use. Except as described above, you may not rent, sell, lease or lend the Game, distribute it for money or other consideration, offer it on a pay-per-play basis, or otherwise commercially exploit the Game.
No Transferring the Key. You may not transfer (that means gifts, sales, whatever) your Key to anyone else. We mean it. We're watching.
No Modifications. You may not modify, disassemble, reverse-engineer, decompile, translate, reproduce (except as allowed above) or publicly display the Game. You may not prepare derivative works based on the Game.
No Sneaking Around Our Restrictions. You may not do any of the above things to any part of the Game, such as screen displays, screen shots, art works, images, sound effects, music, etc. You may not authorize or let anyone else do any of these things.
OWNERSHIP. We own the Game. All copyrights, trademarks, trade secrets, patents and other rights in the Game belong to us and are protected under U.S. and international law. Any rights that we do not specifically grant to you under this Agreement are reserved to us. Ours, ours, ours.
WARRANTY STUFF.
Shareware - No Warranties. We provide you with the shareware version of the Game for evaluation purposes only and at no charge. We license it to you "as is" and without warranties or representations of any kind.
Registered Version - Limited Warranties. We offer the following limited warranties in connection with registered, paid-for versions of the Game:
Bugs and Program Errors. Although we're good, we don't promise that our Game is completely free of bugs or program errors. If you report a program error or bug to us, we will use our best efforts to correct it. If we issue a maintenance release for the Game that includes a correction for an error you reported, we will assist you in downloading it, or send you a copy of that maintenance release at no charge if you request it. We will only do this for maintenance releases, not for new major releases or other new versions of the Game.
Satisfaction Guarantee. You will find our Game to be fun, challenging, stimulating and a refreshing break from your day-to-day life. You will like it. Nevertheless, if for some reason you decide you are dissatisfied with it, you may return it at any time up to 30 days after purchase and we will give you a refund for the full purchase price.
DISCLAIMERS AND LIMITATIONS. Here's the stuff our lawyers love:
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES FOR REGISTERED VERSIONS STATED ABOVE, WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTIES FOR REGISTERED VERSIONS GIVE YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liabilities. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THE REGISTERED OR UNREGISTERED VERSIONS OF THE GAME OR YOUR RELATIONSHIP WITH US REGARDLESS OF WHETHER OR NOT YOU HAVE NOTIFIED US OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DISPUTES. If anybody sues anybody in connection with the Game or this Agreement, we all agree that the lawsuit must be commenced and maintained exclusively in any state or federal court located within King County, Washington that has subject matter jurisdiction, and we all agree to jurisdiction and venue in such courts. This Agreement shall be governed by the internal laws of the State of Washington, without regard to any principles of choice or conflicts of law.
DAMAGES. If you distribute the Game in violation of our rules or otherwise breach this eminently reasonable Agreement, you agree that you are liable to us for damages equal to the greater of (a) the registration fee multiplied by the number of copies you distribute or (b) our actual damages.
