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License.txt
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2000-12-18
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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE
FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.
This software program (the "Program"), any printed materials, any on-
line or electronic documentation, and any and all copies and
derivative works of such software program and materials are the
copyrighted work of Markus Sabadello. All use of the Program is governed
by the terms of the End User License Agreement which is provided below
("License Agreement"). The Program is solely for use by end users
according to the terms of the License Agreement. Any use, reproduction
or redistribution of the Program not in accordance with the terms of
the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Markus Sabadello hereby
grants, and by installing the Program you thereby accept, a limited,
non-exclusive license and right to install and use one (1) copy of the
Program for your use on either a home or portable computer. The
Program is licensed, not sold. Your license confers no title or
ownership in the Program.
2. Ownership. All title, ownership rights and intellectual property
rights in and to the Program and any and all copies thereof (including
but not limited to any titles, computer code, themes, objects,
stories, dialog, catch phrases, locations, concepts, artwork, animations,
sounds, musical compositions, audio-visual effects, methods of operation,
moral rights, and any related documentation) are owned by Markus Sabadello,
except when otherwise stated.
The Program is protected by international copyright treaties and
conventions and other laws. All rights are reserved.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not, in
whole or in part, copy, photocopy, reproduce, translate, reverse
engineer, derive source code, modify, disassemble, decompile, create
derivative works based on the Program, or remove any proprietary
notices or labels on the Program without the prior consent, in
writing, of Markus Sabadello.
B. The Program is licensed to you as a single product. Its
component parts may not be separated for use on more than one
computer.
C. You are entitled to use the Program for your own use, but you
are not be entitled to:
(i) sell, grant a security interest in or transfer
reproductions of the Program to other parties in any way, nor
to rent, lease or license the Program to others without the
prior written consent of Markus Sabadello.
(ii) exploit the Program or any of its parts for any
commercial purpose including, but not limited to, use at a
cyber cafΘ, computer gaming center or any other location-
based site. Markus Sabadello may offer a separate Site License
Agreement to permit you to make the Program available for
commercial use; contact him for details;
4. Termination. This License Agreement is effective until
terminated. You may terminate the License Agreement at any time by
destroying the Program and any New Materials. Markus Sabadello may,
at his discretion, terminate this License Agreement in the event that
you fail to comply with the terms and conditions contained herein.
In such event, you must immediately destroy the Program and any New
Materials.
5. Limited Warranty. Markus Sabadello expressly disclaims any warranty for
the Program and Manual(s). The Program and Manual(s)
are provided "as is" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or noninfringement.
The entire risk arising out of use or performance of the Program and
Manual(s) remains with the User.
6. Limitation of Liability. MARKUS SABADELLO SHALL NOT BE
LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE
USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
7. Equitable Remedies. You hereby agree that Markus Sabadello would be
irreparably damaged if the terms of this License Agreement were not
specifically enforced, and therefore you agree that Markus Sabadello shall be
entitled, without bond, other security, or proof of damages, to
appropriate equitable remedies with respect to breaches of this
License Agreement, in addition to such other remedies as Markus Sabadello
may otherwise have available to it under applicable laws.
I hereby acknowledge that I have read and understand the foregoing
License Agreement and agree that the action of installing the Program
is an acknowledgment of my agreement to be bound by the terms and
conditions of the License Agreement contained herein. I also
acknowledge and agree that this License Agreement is the complete and
exclusive statement of the agreement between Markus Sabadello and I and that
the License Agreement supersedes any prior or contemporaneous
agreement, either oral or written, and any other communications
between Markus Sabadello and myself.