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101 OnLy ThE BeSt GaMeS 10
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101 OnLy ThE BeSt GaMeS 10.iso
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SWARM
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license.txt
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1998-03-03
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11KB
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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