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warbirds
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wb95.z
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license.txt
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1996-06-05
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Software License Agreement
1. Interactive Creations, Inc.("ICI") grants to you a nonexclusive, non-sublicensable, license to use and
copy the WarBirds front end software (the "Software") subject to the following terms.
2. Title, ownership rights, and intellectual property rights in and to the Software shall remain in ICI and
its successors or assigns. You agree to abide by the copyright law and all other applicable laws of the
United States including, but not limited to, export control laws. You acknowledge that the Software in
source code form remains a confidential trade secret of ICI and therefore you agree not to modify the
Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the
extent applicable laws specifically prohibit such restriction.
3. ICI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR
ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR
ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED
GRATUITOUSLY AND, ACCORDINGLY, ICI SHALL NOT BE LIABLE UNDER ANY THEORY OR
ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
4. You may distribute as many copies of the Software as you wish; provided that you distribute only exact
copies of the Software with all of the files (including this license agreement). You are prohibited from
charging or requesting donations for the Software or media upon which the software may be copied. You
are prohibited from charging or requesting donations for the act of downloading the Software (on-line
transfer of the Software via a pay service is acceptable if no specific charge, other than a charge for time
required for downloading, is directly attributable to the transfer). You are prohibited from distributing the
Software via CD-ROM or any storage medium with a capacity exceeding 5 megabytes.
5. This License is personal to you and you agree not to assign your rights herein. This License shall be
governed by and construed in accordance with the laws of the State of Texas and, as to matters affecting
copyrights, trademarks and patents, by U.S. federal law. You agree that venue for any and all disputes
related to this license agreement shall lie in Texas.
6. You may not download or otherwise export or reexport the Software or any underlying information or
technology except in full compliance with all United States and other applicable laws and regulations. In
particular, but without limitation, none of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported (I) into (or to a national or resident of) Cuba, Haiti, Iraq,
Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of
Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By
downloading the Software, you are agreeing to the foregoing and you are representing and warranting that
you are not located in, under control of, or a national or resident of any such country or on any such list.
7. ICI EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE
AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL ICI BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS ICI PRODUCT,
EVEN IF ICI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
8. By installing, using, or distributing the Software, you expressly consent to the terms of this agreement.
Should you have any questions concerning this license agreement, or if you desire to contact ICI for any
reason, please contact Interactive Creations Incorporated, 1701 W. Northwest Highway, Suite 220,
Grapevine, TX 76051, 817-424-5638.