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EULA.txt
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2004-05-25
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7KB
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128 lines
BETA TEST AGREEMENT
This Beta Test Agreement ("Agreement") is entered into between
Loki Software, Inc ("Company") and you, the end user ("you"). You may
acknowledge your agreement to all of the terms and conditions of this
Agreement by using the Software (defined below). If you do not agree,
you are not authorized to make any use of the Software whatsoever, and
must return or destroy it and all copies in your possession or control.
1. Use of Software; Software License. Subject to all the terms and
conditions of this Agreement, Company grants to You a personal, royalty-
free, nonsublicensable, nontransferable, nonexclusive license to install
and use the Software solely for Your personal testing on behalf of
Company. For purposes of this Agreement, "Software" shall mean the pre-
release version of Company's Linux version of RUNE and any
subsequent version thereof which Company may, from time to time and in
its sole discretion, provide to You. You agree to use the Software only
in the ordinary course of testing, and not to distribute, publicly display
or modify the Software or any portion thereof. You may make copies of the
Software in the normal course of testing, but all such copies are subject
to this Agreement including, without limitation, the restrictions on
distribution. You shall not reverse assemble, reverse compile or reverse
engineer the Software, or otherwise attempt to discover any of the source
code or underlying Proprietary Information (defined below).
2. Ownership. Except as expressly and unambiguously licensed in
Section 1 above, as between the parties, Company and its licensors own
all right, title and interest in and to the Software and Proprietary
Information.
3. Confidentiality. You acknowledge that, in the course of testing the
Software, You may obtain or develop information relating to the Software
and/or to Company or its licensors ("Proprietary Information"),
including, without limitation, code, technology, know-how, ideas, algorithms,
testing procedures, structure, interfaces, documentation, problem reports,
development schedule, analysis and performance information, and other
technical, business, software, marketing and financial information, plans
and data. During and after the term of this Agreement, You shall hold in
confidence and protect, and shall not use (except as expressly authorized
by this Agreement) or disclose, Proprietary Information, unless such
Proprietary Information becomes part of the public domain without
breach of this Agreement by You. You may publish screenshots, general
impressions in the form of a product preview and other general
information relating to the Software provided, however, that such
information must include a prominent notice that the Software is a pre-
release, beta version, and subject to change before release.
4. Evaluation. During the term of this Agreement and as applicable in
the course of your evaluation, you agree to submit reports to the
Company's online database located at http://fenris.lokigames.com. Such reports
shall specify (i) all errors, bugs, crashes, failures, unexpected results
and other problems encountered with the Software and any resolutions or
workarounds therefore, (ii) any other information or feedback concerning
Your use, testing and evaluation of the Software, and (iii) any suggested
modifications, design changes, features or improvements to the Software.
You agree that Company shall have any and all right, title and interest
in and to any such suggested modifications, design changes, features or
improvements to the Software, without the payment of any additional
consideration therefor, and Company shall have the right to use, in any
manner and for any purpose whatsoever, any information provided by
You hereunder.
5. No Training or Support. You acknowledge and agree that Company
shall have no obligation under this Agreement to provide any training or
to correct any Software bugs, defects or errors.
6. Warranty Disclaimer. The parties acknowledge and agree that the
Software is in pre-release form, with known bugs and errors, and may not
function correctly or at all on any machine or in any environment and is
therefore provided "AS-IS" and at Your sole risk. COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY
MAKES NO WARRANTY TO ANY PERSON RELATING TO THE SOFTWARE, ITS
USE OR ANY INABILITY TO USE THE SOFTWARE, THE RESULTS OF ITS USE, OR
THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED NOTHING IN THIS
AGREEMENT SHALL BE CONSTRUED AS PERMITTING YOU TO RELY IN ANY
WAY ON THE CONTINUED USE OF THE SOFTWARE AFTER EXPIRATION OF THE
BETA TEST PERIOD.
7. Limitation of Remedies and Damages. COMPANY SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY (A)
LOSS OR INACCURACY OF DATA, (B) COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF
PROFITS OR (D) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
8. Termination. This Agreement may be terminated by Company for
any reason or no reason upon thirty (30) days prior written notice to You
via email, or immediately without notice upon any breach by You of the
provisions of this Agreement. Upon termination, the terms of this
Agreement will remain in full force and effect, except the license
granted in Section 1 shall terminate and You will immediate cease all use of the
Software and destroy all copies or portions thereof in Your possession or
control.
9. No Assignment. Neither the rights nor the obligations arising under
this Agreement are assignable or transferable by You, and any such
attempted assignment or transfer shall be void and without effect.
10. Controlling Law; Attorneys' Fees; Severability. This Agreement shall
be governed by and construed in accordance with the laws of the State of
California without regard to conflicts of laws provisions thereof. In any
action to enforce this Agreement the prevailing party will be entitled to
costs and attorneys' fees. In the event that any of the provisions of
this Agreement shall be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
11. Entire Agreement; Amendment; Waiver. This Agreement constitutes
the entire agreement between the parties hereto pertaining to the subject
matter hereof, and any and all written or oral agreements heretofore
existing between the parties hereto are expressly cancelled. No waiver or
modification of this Agreement will be binding upon either party unless
made in a writing signed by both parties and no failure or delay in
enforcing any right will be deemed a waiver.
Loki Software, Inc.
250 El Camino Real #100
Tustin, CA 92780
Beta@lokigames.com