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100 Great Games for Palm OS 1
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100PalmV1.iso
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Adventure
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Galactic Realms
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license.txt
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1999-04-12
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SOFTWARE AGREEMENT
for Galactic Realms
NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE.
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING
THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE
SOFTWARE FROM YOUR HARDWARE AND A FULL REFUND WILL BE ISSUED.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE
SOFTWARE
OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT.
IMPORTANT -- READ CAREFULLY: By installing Galactic Realms
("Software")
Licensee agrees to be and is hereby bound by the terms of this
Software
Agreement ("Agreement"). If Licensee does not agree to the terms of
this
Agreement, Licensee must promptly destroy all copies of the Software
and
accompanying documentation ("Documentation"). Certain portions of this
Agreement restrict Licensee's rights and impose certain obligations
with respect to such third party software.
I. GRANT OF LICENSE:
Kyle Poole hereby grants to Licensee a non-exclusive license to the
Software and Documentation subject to the following terms:
Licensee may: (i) use the Software on any single computer;
(ii) use the Software on a second computer so long as the first and
second
computers are not used simultaneously; (iii) copy the Software for
back-up,
archival purposes provided any copy must contain all of the original
Software's proprietary notices.
Licensee may not: (i) permit other individuals to use the Software
except
under the terms listed above; (ii) modify, translate, reverse
engineer,
decompile, disassemble (except to the extent that this restriction is
expressly prohibited by law) or create derivative works based upon the
Software or Documentation; (iii) copy the Software or Documentation
(except for back-up purposes); (iv) rent, lease, transfer, or
otherwise
transfer rights to the Software or Documentation; or (v) remove any
proprietary notices or labels on the Software or Documentation.
II. SOFTWARE:
If Licensee receives the first copy of the Software electronically and
a
second copy on media the second copy may be used for archival purposes
only
and may not be transferred to or used by any other person. This
license
does not grant Licensee any right to any enhancement or update.
III. TITLE:
Title, ownership, rights, and intellectual property rights in and to
the
Software and Documentation shall remain with Kyle Poole and/or his
suppliers. The Software is protected by the copyright laws of Canada
and
international copyright treaties. Title, ownership rights and
intellectual
property rights in and to the content accessed through the Software
including the content contained in the Software media demonstration
files
is the property of the applicable content owner and may be protected
by
applicable copyright or other law. This license gives Licensee no
rights
to such content.
IV. CONFIDENTIALITY:
By virtue of this agreement, the parties may have access to
information
that is confidential to one another ("Confidential Information").
Confidential Information shall be limited to the Software Products and
all
information clearly marked as confidential.
A party's Confidential Information shall not include information which
(a) is or becomes a part of the public domain through no act or
omission
of the other party; or (b) was in the other party's lawful possession
prior
to the disclosure and had not been obtained by the other party either
directly or indirectly from the disclosing party; or (c) is lawfully
disclosed to the other party by a third party without restriction on
disclosure; or (d) is independently developed by the other party.
Results of
any tests run by Customer may not be disclosed outside of Customer's
organization without permission in writing from Kyle Poole.
The parties agree, both during the term of this Agreement and for a
period of
two years after termination of the Agreement and of all licenses
granted
hereunder, to hold each other's Confidential Information in
confidence. The
parties agree not to make each other's Confidential Information
available in
any form to any third party or to use each other's Confidential
Information for
any other purpose than the implementation of this Agreement. Each
party agrees
to take all reasonable steps to ensure that Confidential Information
is not
disclosed or distributed by its employees or agents in violation of
the
provisions of this Agreement.
V. DISCLAIMER OF WARRANTY:
Product is deemed accepted by Recipient. The PRODUCT is provided AS IS
WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW,
KYLE POOLE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THE
PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM
EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL KYLE POOLE OR ITS SUPPLIERS BE
LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE
THE
PRODUCT, EVEN IF KYLE POOLE 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 RECIPIENT.
VI. TERMINATION:
This license shall terminate automatically if Licensee fails to comply
with the
limitations described in this license. No notice shall be required to
effectuate
such termination. On termination Licensee must destroy all copies of
the Software
and Documentation.
VII. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS:
The Software is provided with RESTRICTED RIGHTS. Use duplication or
disclosure
by the Government is subject to restrictions as set forth in
subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software
clause of
DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial
Computer
Software-Restricted Rights at 48 CFR 52.227-19 as applicable.
Manufacturer is
Kyle Poole, 90 James St, New Hamburg, ON Canada, N0B 2G0. Licensee
acknowledges
that none of the Software or underlying information or technology may
be download
or otherwise exported or re-exported (i) into (or to a national or
resident of)
Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any
other country
to which the U.S. has embargoed goods; or anyone on the U.S. Treasury
Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of
Denial Orders. By using the Software Licensee is agreeing to the
foregoing and is
representing and warranting that it is not located in under the
control of a
national or resident or resident of any such country or on any such
list.
VIII. GOVERNING LAW:
The rights and obligations of the party's under this Agreement shall
not be governed
by the U N Convention on Contracts for the International Sales of
Goods; rather such
rights and obligations shall be governed and construed under the laws
of the
Province of Ontario, without reference to conflict of laws principles.
IX. ENTIRE AGREEMENT:
This agreement constitutes the complete and exclusive agreement
between Kyle Poole
and Licensee with respect to the subject matter hereof and supersedes
all prior oral
or written understandings, communications or agreements not
specifically incorporated
herein. This agreement may not be modified except in writing duly
signed by an
authorized representative of Kyle Poole and Licensee.