The Net Power 1996 June/netPOWER_06_Jun_1996.iso/pc/howto/palace/pfull110.exe/agree.txt

Text File | 1995-11-14 | 10KB | 196 lines

SOFTWARE LICENSE FOR THE PALACE

BEFORE CLICKING ON THE "CONTINUE" BUTTON BELOW, CAREFULLY READ
THE TERMS AND  CONDITIONS OF  THIS  LICENSE AGREEMENT.  IF YOU
CLICK ON THE "CONTINUE"  BUTTON, YOU ARE  AGREEING TO BECOME A
PARTY TO THIS LICENSE  AGREEMENT, AND ARE AGREEING TO ABIDE BY
ALL ITS TERMS.  IF YOU DO  NOT AGREE  TO ABIDE  BY ALL  OF THE
TERMS OF THIS LICENSE AGREEMENT, EXIT THE INSTALLATION.

END-USER SOFTWARE LICENSE AGREEMENT

  1.  SCOPE OF LICENSE.   Time  Warner  Interactive  ("TWI")
hereby  grants  to you a non-exclusive right to use a single
copy of the  shareware  version of "The Palace" program (the
"Software").  You are  licensed  to copy this program onto a
single  hard  drive  or  other storage device, and to make a
single back-up or  archive copy.  "Use" includes loading the
Software into RAM incidental to use.

   The Software  is  not  free.  This  allows you to use the
Software for evaluation purposes without charge for a period
of 21 days.  If  you  use  the  Software  after  the  21-day
evaluation period, you must pay a registration fee of $20.00.
Registration  payments  must be made in US dollars by credit
card.  Payment  by  credit  card  should  be made by calling
1-800-PALACE2  in  the  United  States,   and   619-537-2465
internationally. When payment is received, TWI will send you
by electronic mail an authorization  code that will activate
the commercial version of The Palace software.

  2.  NO  COMMERCIAL EXPLOITATION.  You may not commercially
exploit  the  Software.   Neither  you,  nor  anyone at your
direction, shall (1) rent, lease or  sell the  Software; (2)
offer  the  Software  on  a  pay-per-play  basis,  including
standard  access fees for  accessing a  system  running  the
Software;  (3)  distribute  the  Software for money or other
consideration; or (4) in  any manner and  through any medium
whatsoever  commercially  exploit  the  Software  or use the
Software for any commercial purposes.

  This   prohibition   includes   using   the   Software  in
conjunction with the advertising,  promotion or  endorsement
of any  product  or  service,  including such actions taking
place  "within"  the  virtual  worlds  of  The Palace.  This
prohibition  on  commercial   exploitation  extends  to  the
commercial  exploitation, in any manner, of derivative works
created  by the  modification  or  expansion of the "virtual
worlds" which are generated by the Software.

  3.  NO ILLEGAL, TORTIOUS  OR INDECENT USE.  You agree that
your  use  of  the Software will comport with all applicable
federal, state and local laws, and that you will not use the
Software to transmit indecent material or to commit tortious
or disruptive acts.  This is a material term of the license.
TWI  is   unable   to   monitor,   and  does  not  take  any
responsibility  for,  monitoring  the use of the Software by
any licensees.  However, TWI  retains  the  right, if  given
notice  of  use  of  the Software in breach of this material
term  of the License Agreement, to unilaterally rescind this
Agreement,  and  revoke  this  License  based  on  such use,
without notice to you.

  4.  LIST OF PALACE SITES.  At its sole discretion, TWI may
maintain  on  the   Internet  or  elsewhere  list(s)  and/or
hypertext links to Palace sites operated by licensees of the
Software. The existence of any such list(s) and/or hypertext
links does not imply TWI's control, endorsement, approval or
sponsorship  of  such  sites. TWI may add or remove sites on
the list(s)  and/or  hypertext links at its sole discretion.
This License Agreement grants no right to be included on any
such list(s) and/or hypertext links.

  5.  DISTRIBUTION PROHIBITED:   TWI  does NOT  give you any
right to  distribute,  electronically or by any other means,
registered   copies  of  this   commercial  version  of  the
Software.

  6.  TITLE  AND  RIGHTS  NOT  GRANTED RETAINED BY TWI.  TWI
retains  the  title  to  all  intellectual  property rights,
including  copyrights,  trademarks  and  trade names, in the
Software and any accompanying  documentation.  The Copyright
to the Software is protected by United States copyright laws
and international treaty provisions.  TWI retains all rights
not  explicitly   granted  by  the  terms  of  this  License
Agreement.

  7.  REMEDIES FOR BREACH.  The terms in  Paragraphs 1, 2, 3
and 5  of this Agreement are material terms essential to the
purpose of this Agreement.  You agree that any breach by you
of these terms is a material breach, granting TWI the right,
at its sole  discretion, to rescind the agreement and revoke
the  license granted, without notice or opportunity to cure.
Failure by TWI to exercise  such remedies in other instances
is no waiver of its right to  enforce these  remedies in any
particular instance.

  8.  TERMINATION.  Either  party may terminate this License
Agreement  immediately  in the event of breach or default by
the other party. Upon any termination of this Agreement, you
shall  immediately  discontinue the use of the Software, and
shall within ten (10) days  return  to TWI all copies of the
Software and any  accompanying  documentation.  You may also
terminate this License  Agreement at any time  by destroying
the  Software,  any  accompanying  documentation, and copies
thereof.

  9. LIMITED WARRANTY. THE SHAREWARE VERSION OF THE SOFTWARE
IS  LICENSED  ON  AN "AS-IS" BASIS  AND  NEITHER TWI NOR ITS
DEALERS, SUPPLIERS OR RESELLERS MAKE ANY WARRANTIES, EXPRESS
OR   IMPLIED,   INCLUDING,  BUT   NOT  LIMITED  TO,  IMPLIED
WARRANTIES  OF  MERCHANTABILITY  OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO  THE  SOFTWARE  AND THE ACCOMPANYING
WRITTEN MATERIALS, IF ANY.

  TWI  warrants that if properly installed and operated on a
computer for which it is designed, the commercial version of
the  Software will  perform substantially in accordance with
its designed  purpose  for a period of ninety (90) days from
the  date  the  end-user first  obtains the Software.  TWI's
entire  liability  and  your  exclusive  remedy shall be, at
TWI's option, either (a) return of the retail price paid, if
any, or (b) repair or replacement of the  Software that does
not meet TWI's Limited Warranty.  This  Limited  Warranty is
void if failure of the  Software has resulted in whole or in
part from accident, abuse,  misapplication  or  violation of
this Agreement. Any replacement Software  will be  warranted
for the remainder of the original  warranty period or thirty
(30) days, whichever is longer.

  10. NO  OTHER  WARRANTIES.    TWI   DISCLAIMS   ALL  OTHER
WARRANTIES, EITHER  EXPRESS  OR  IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR  PURPOSE  WITH  RESPECT TO THE SOFTWARE AND
THE  ACCOMPANYING  WRITTEN  MATERIALS,  IF ANY. THIS LIMITED
WARRANTY  GIVES  YOU  SPECIFIC  LEGAL  RIGHTS.  YOU MAY HAVE
OTHERS WHICH VARY FROM STATE TO STATE.

  TWI  DOES  NOT  WARRANT THAT THE OPERATION OF THE SOFTWARE
WILL  BE  UNINTERRUPTED,  ERROR  FREE  OR MEET YOUR SPECIFIC
REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL
OTHER  EXPRESS  WARRANTIES  WHETHER  ORAL  OR  WRITTEN.  THE
AGENTS, EMPLOYEES,  DISTRIBUTORS  AND DEALERS OF TWI ARE NOT
AUTHORIZED  TO  MAKE  MODIFICATIONS  TO  THIS  WARRANTY,  OR
ADDITIONAL   WARRANTIES   ON   BEHALF  OF  TWI.   ADDITIONAL
STATEMENTS  SUCH  AS  DEALER  ADVERTISING  OR PRESENTATIONS,
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY TWI
AND SHOULD NOT BE RELIED UPON.

  11.  LIMITATION  OF LIABILITY.  UNDER NO CIRCUMSTANCES AND
UNDER  NO  LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
TWI OR ITS DEALERS, SUPPLIERS OR  RESELLERS BE LIABLE TO YOU
OR  ANY  OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION,  DAMAGES  FOR  LOSS  OF GOODWILL, WORK STOPPAGE,
COMPUTER  FAILURE  OR  MALFUNCTION,  OR  ANY  AND  ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TWI BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID, IF ANY, BY THE
LICENSEE  FOR  THE  SOFTWARE,  EVEN  IF  TWI SHALL HAVE BEEN
INFORMED  OF  THE  POSSIBILITY  OF  SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY  FOR  DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME  STATES  DO  NOT  ALLOW  THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES,  SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.

  12. MISCELLANEOUS.  This License  Agreement represents the
complete   and   exclusive   statement  of  the   agreements
concerning  this license  between the parties and supersedes
all prior agreements  and representations  between them.  It
may be amended  only  by a writing executed by both parties.
THE  ACCEPTANCE  OF  ANY  PURCHASE  ORDER  PLACED  BY YOU IS
EXPRESSLY  MADE  CONDITIONAL ON YOUR ASSENT TO THE TERMS SET
FORTH  HEREIN,  AND  TWI  AGREES TO FURNISH THE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE  TERMS AND NOT THOSE CONTAINED
IN  YOUR  PURCHASE  ORDER.  If any provision of this License
Agreement is  held  to be unenforceable for any reason, such
provision  shall be reformed only to the extent necessary to
make  it enforceable, and such decision shall not affect the
enforceability   (i)   of   such   provision   under   other
circumstances  or ( ii) of the remaining  provisions  hereof
under all circumstances.  Headings  shall not be  considered
in interpreting  this  Agreement.  This  Agreement  shall be
governed by and  construed under  California law as such law
applies to agreements  between  California residents entered
into and to be performed entirely within  California, except
as  governed by  Federal  law.   This  Agreement will not be
governed  by  the United Nations Convention of Contracts for
the International  Sale of Goods, the  application  of which
is hereby expressly excluded.