Ultimate Screensaver/Ultimate Screen Savers Collection (CMS Distributing) (1996).ISO/saver4/golfnr21/license.txt

Text File | 1995-08-06 | 7KB | 132 lines

             LIMITED USE SOFTWARE LICENSE AGREEMENT

     This Limited Use Software License Agreement (the "Agreement") is a legal
agreement between you (the "end-user"), and CMB SOFTWARE .
By continuing the installation of this game program, by loading or running the
game, or by placing or copying the game program onto your computer hard drive,
you are agreeing to be bound by the terms of this Agreement.  If you do not
agree to the terms of this Agreement, promptly return the game program and the
accompanying items (including all written materials), along with your receipt
to the place from where you obtained them for a full refund.


CMB SOFTWARE   SOFTWARE LICENSE

Article A: Grant of License.

CMB SOFTWARE grants to you the right to use one (1) copy
of the enclosed CMB SOFTWARE program (the "Software") on a single
computer.  For purposes of this section, "use" means loading the Software
into RAM, as well as installation on a hard disk or other storage device. You
may not:  rent, lease, modify, translate, disassemble, decompile, reverse
engineer, or create derivative works based upon the Software.
You agree that the Software will not be shipped, transferred or
exported into any country in violation of the U.S. Export Administration Act
and that you will not utilize, in any other manner, the Software in violation
of any applicable law.

Article B: Copyright.

The Software is owned by CMB SOFTWARE and is protected by United
States copyright laws and international treaty provisions.  You must treat
the Software like any other copyrighted material, except that you may either
(a) make one copy of the Software solely for back-up or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the
original solely for back-up or archival purposes.  You may not otherwise
reproduce, copy or disclose to others, in whole or in any part, the Software.
You may not copy the written materials accompanying the Software.  You agree
to use your best efforts to see that any user of the Software licensed
hereunder complies with this Agreement.

ARTICLE C: Limited Warranty.

CMB SOFTWARE warrants that if properly installed and
operated on a computer for which it is designed, the Software will perform
substantially in accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt.  CMB SOFTWARE's entire liability
and your exclusive remedy shall be, at CMB SOFTWARE's option, either (a) return of the
price paid or (b) repair or replacement of the Software that CMB SOFTWAREs not meet
CMB SOFTWARE's Limited Warranty.  To make a warranty claim, return the Software to the
point of purchase, accompanied by proof of purchase, your name, your address,
and a statement of defect, or return the Software with the above information
to CMB SOFTWARE.  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.  This
warranty allocates risks of product failure between Licensee and CMB SOFTWARE. CMB SOFTWARE's
product pricing reflects this allocation of risk and the limitations of
liability contained in this warranty.

ARTICLE D:  NO OTHER WARRANTIES.

CMB SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESSED 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.  THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION
TO JURISDICTION. CMB SOFTWARE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.  THE
WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESSED WARRANTIES WHETHER
ORAL OR WRITTEN.  THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF CMB SOFTWARE ARE
NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL
WARRANTIES ON BEHALF OF CMB SOFTWARE. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING
OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY
CMB SOFTWARE AND WILL NOT BE HONORED BY CMB SOFTWARE.


ARTICLE E:   Exclusive Remedies.

You agree that your exclusive remedy against
CMB SOFTWARE, its affiliates, contractors, suppliers, and agents for loss or damage
caused by any defect or failure in the Software regardless of the form of
action, whether in contract, tort, including negligence, strict liability or
otherwise, shall be the return of the purchase price paid or replacement of
the Software.  This Agreement shall be construed in accordance with and
governed by the laws of the State of Texas.  Copyright and other proprietary
matters will be governed by United States laws and international treaties.
IN ANY CASE, CMB SOFTWARE SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST
SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR
DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
OR OTHER LEGAL THEORY EVEN IF CMB SOFTWARE OR ITS AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR 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.

ARTICLE F:   General Provisions.

Neither this Agreement nor any part or portion
hereof shall be assigned, sublicensed or otherwise transferred by you.
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 a party 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 any
terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.


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


Copyright (c) 1995 CMB SOFTWARE (R).
All rights reserved.  All rights of reproduction in other media reserved.

CMB SOFTWARE
1199 Laurel
Carol Stream, IL
USA      60188