IO CD February 1999/IO_LUTY_99.ISO/shareware/LC115.EXE/license.txt

Text File | 1998-02-12 | 21KB | 395 lines

BY CLICKING ON THE "YES" BUTTON OR OPENING THE PACKAGE, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO"
BUTTON AND THE INSTALLATION  PROCESS WILL NOT CONTINUE OR
RETURN THE PRODUCT TO THE PLACE  OF PURCHASE FOR A FULL REFUND.


END USER LICENSE AGREEMENT



1. Definitions. The following definitions apply to the terms as they appear
in this License:

╖ "BE" means Byte Enchanters
╖ "The Program" ("Program") means the computer programs and
documentation included in the file(s) or package.
╖ "Capone System" means the combination of client, servers software
that comprises the Capone network gaming system.
╖ "Demo Mode" means a version of the Program in which a time limit has
been imposed.
╖ "Full Functionality Mode" means a version of The Program in which all
functions operate with no time limit.

2. Terms of License. The Program is licensed by BE to you subject to
the terms of this Agreement. BE grants you a nonexclusive license to:

  Load the Program onto your computer's storage device from the
  media provided.
  Obtain from BE serial numbers to enable the purchased portion of
  the Program to run in Full Functionality Mode.
  Allow others to run Program in Demo Mode, unless or until
  requested by BE not to do so.

You are responsible for obtaining your own Internet access and any
related long distance charges (if any). Once serial numbers have been
obtained from BE, the license to run the Program in Full Functionality
Mode may be assigned to an individual or a computer, i.e, a single
individual may use the Program in several locations, or several persons
may sequentially run the Program on the same computer.

3. Copyright and Other Restrictions. The Program is owned by BE
and is protected by the local copyright laws and international treaty
provisions. BE retains all rights not expressly granted. None of the
components of the Program (including the documentation) may be copied,
removed or altered, in whole or part, for any unauthorized use.

4. Rules of the BE System. To ensure an enjoyable experience for as
many people as possible, you agree to comply with generally accepted
standards of proper online behavior. BE reserves the right to determine, in
its sole discretion, what constitutes generally accepted standards of online
behavior and may, without notice and at any time, suspend or terminate
your access to the Capone System.

You may not engage in conduct or communication while using the Legal
Crime System which is unlawful or which restricts or inhibits any other user
from using or enjoying the Capone System. You agree to use the
Capone System only for lawful purposes. Set forth below are some
common examples of impermissible conduct. This list is not exhaustive. BE
reserves the right, but does not assume the responsibility, to restrict
conduct which BE deems in its discretion to be harmful to individual users,
damaging to the communities which use the Capone System, or in
violation of BE's or any third party's rights. You acknowledge, however,
that communication over the Capone System and the Internet often
occurs in real-time and BE cannot, and does not intend to, screen
communication in advance.

5. Agreement. This Agreement comprise the entire agreement between
BE and you, and supersedes any prior agreements between you and BE
with respect to the subject matter hereof or thereof. However, you are
subject to any additional terms and conditions of which you are notified
and/or which may apply when using third party content, software or Legal
Crime system. BE may revise this Agreement at any time, and such
revision shall be effective thirty (30) days after posting of the revised
Agreement at this location. You agree to review the Agreement
periodically to become aware of such revisions. If any such revision is
unacceptable to you, you may terminate this license as provided below.
Your continued use of the Capone system following posting of the
revised Agreement on the BE website shall be conclusively deemed to be
acceptance of all such revisions. The term "User" in this Agreement refers
to any person or entity, including you, that has entered into this Agreement
with BE.

6. User Information.

(a) Registration Codes. Upon your registration of the Program, you will
be issued a registration codes that will allow operation of the Program in
Full Functionality Mode. You are responsible for maintaining the
confidentiality of your registration codes and are liable for any harm
resulting from disclosing or allowing disclosure of any registration codes or
from use by any person of your registration codes to gain access to the
Capone system. At no time should you respond to an online request
for your registration codes or files containing the registration codes.

(b) Former Users. Users whose accounts have been terminated by BE
may not access the Capone system in any manner or for any reason
without the express written permission of BE. Active Users may not
knowingly allow former Users who have been terminated to use the active
Users' accounts.

7. Disclaimer of Warranty. To the maximum extent allowed by law, BE,
its licensees and subcontractors do not warrant any connection to,
transmission over, nor results or use of, any network connection or
facilities provided (or failed to be provided) through the Capone
system. User is responsible for assessing its own computer and
transmission network needs, and the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM, ALL
SOFTWARE DISTRIBUTED BY BE, AND THE INTERNET ARE AT
YOUR SOLE RISK. THE PROGRAM AND ALL SOFTWARE
DISTRIBUTED BY BE ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. BE DISCLAIMS ALL
WARRANTIES OR CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIESOR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE
ARISING FROM A COURSE OF DEALING OR USAGE OF
TRADE, WITH RESPECT TO THE BE SYSTEM, ALL SOFTWARE
DISTRIBUTED BY BE, AND THE INTERNET. BE ASSUMES NO
RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE
USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN
TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED
BY THE NEGLIGENCE OF BE, ITS LICENSORS AND
SUBCONTRACTORS, OR USER'S OWN ERRORS AND/OR
OMISSIONS.

8. Limitation of Liability. YOU ACKNOWLEDGE THAT BE SHALL
NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY
BE OR ITS OTHER LICENSEES WITH RESPECT TO CONDUCT,
COMMUNICATION OR CONTENT ON THE Capone
SYSTEM. BE SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN
CONNECTION WITH THE Capone SYSTEM OR WITH
ANY OTHER PRODUCT OR SERVICE PROVIDED BY BE. BE'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO USE OF THE Capone SYSTEM AND ALL
SOFTWARE DISTRIBUTED BY BE SHALL BE THE
REPLACEMENT OF ANY SOFTWAREDEVELOPED BY OR FOR
BE WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA
CHOSEN BY BE. BE'S LIABILITY TO YOU FOR BREACH OF
 THIS AGREEMENT IS LIMITED SOLELY TO THE
REGISTRATION FEE PAID BY YOU TO REGISTER THE
PROGRAM AND ACCESS THE BE SYSTEM. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES
BE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW.

9. Indemnification. Upon request of BE, you agree to defend, indemnify
and hold harmless BE, its affiliated companies, licensees, and distributors
from all liabilities, claims and expenses, including attorneys' fees, arising
from breach of this Agreement by use of, or in connection with, the
transmission by or through your User access of any Content on the Legal
Crime system. BE reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you hereunder, and in such event, you shall have no
further obligation to provide indemnification for such matter.

10. Termination. Either you or BE may terminate this Agreement at any
time. Your only right with respect to any dissatisfaction with any
Agreement term, or policy or practice of BE in operating the Capone
system or change therein is to terminate this Agreement by notifying BE
Support Staff of your desire to terminate and confirming such request in
writing or electronically if requested. Your notice of termination will be
effective upon receipt by BE, or upon receipt of confirmation if
confirmation is requested.

11. Third Party Products and Capone system. BE does not
endorse, warrant or guarantee any product or service offered through the
Capone system by any third party, will not be a party to or in any way
monitor any transaction between you and third-party providers of products
and will not bear any responsibility for their products, policies or actions.

12. U.S. Government Restricted Rights. The Program and all
accompanying written materials are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in Restricted Rights in Technical Data and
Computer Software Clause at FAR 52.227-7013⌐(1)(ii) or FAR
52.227-19.

13. General Provisions. You may not use, copy, modify, sublicense,
rent, sell, assign or transfer the license granted pursuant to this Agreement
except as expressly provided in this Agreement. Any assignment in
violation of this Agreement is void. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and such decision shall
not affect the enforceability; (i) of such provision under other
circumstances, or (ii) of the remaining provisions hereof under all
circumstances. The paragraph headings contained in this Agreement are for
the purposes of convenience only and are not intended to define or limit the
contents of said paragraphs. BE and you are independent contractors
under this Agreement. BE's failure to enforce at any time any of the
provisions of this Agreement shall in no way be construed to be a present
or future waiver of such provisions, nor in any way affect the right of any
party to enforce each and every such provision thereafter. The express
waiver by BE of any provision, condition or requirement of this Agreement
shall not constitute a waiver of any future obligation to comply with such
provision, condition or requirement. Notwithstanding anything else in this
Agreement, no default, delay or failure to perform on the part of BE shall
be considered a breach of this Agreement if such default, delay or failure to
perform is shown to be due to causes beyond the reasonable control of
BE.

You acknowledge that you have read this Agreement, understand it, and
agree to be bound by its terms and conditions. This Agreement represents
the complete and exclusive statement of the agreements concerning the
Program and supersedes all prior agreements between the parties. It may
be amended only by a writing executed by both parties.



Capone END USER LICENSE  AGREEMENT

This Agreement has 3 parts.  Part I applies if  you have not purchased
a license to the  accompanying software (the "Software").  Part II
applies if you have purchased a  license to the Software.  Part III
applies to all  license grants.  If you initially acquired a copy
of the Software without purchasing a license and you wish to purchase
a license, contact Byte Enchanters, Inc. ("Byte Enchanters") on the
Internet at http://www.byteenchanters.net.

PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.

Byte Enchanters grants you a non-exclusive license to use the Software
free of charge if your use of the Software is for the purpose of
evaluating whether to purchase an ongoing license to the Software.
If you are using the Software free of charge, you are not entitled
to support or telephone assistance.  If you fit within the description
above, you may use the Software in the manner described in Part
III below under "Scope of Grant."

DISCLAIMER OF WARRANTY.

Software is provided on an "AS IS" basis, without warranty of any kind,
including without limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. The entire risk as to the
quality and performance of the Software is borne by you.  Should the
Software prove defective, you and not Byte Enchanters assume the entire
cost of any service and repair. In addition, the security mechanisms
implemented by Byte Enchanters software have inherent limitations, and
you must determine that the Software sufficiently meets your requirements.
This disclaimer of warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS  DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT. Subject to payment of applicable license fees, Byte Enchanters
grants to you a non-exclusive license to use the Software and
accompanying documentation ("Documentation") in the manner described
in Part III below under "Scope of Grant."

LIMITED WARRANTY.

Byte Enchanters warrants that for a period of ninety (90) days from the
date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Byte Enchanters does not warrant, however, that your use of the Software
will be uninterrupted or that the operation of the Software will be
error-free or secure. In addition, the security mechanisms implemented
by Byte Enchanters software have inherent limitations, and you must
determine that the Software sufficiently meets your requirements.
Byte Enchanters also warrants that the media containing the Software,
if provided by Byte Enchanters, is free from defects in material and
workmanship and will so remain for ninety (90) days from the date you
acquired the Software. Byte Enchanters's sole liability for any breach
of this warranty shall be, in Byte Enchanters's sole discretion:
(i) to replace your defective media; or
(ii) to advise you how to achieve substantially the same functionality
with the Software as described in the Documentation through a procedure
different from that set forth in the Documentation; or
(iii) if the above remedies are impracticable, to refund the license fee
you paid for the Software. Repaired, corrected, or replaced Software and
Documentation shall be covered by this limited warranty for the period
remaining under the warranty that covered the original Software, or if
longer, for thirty (30) days after the date (a) of shipment to you of the
repaired or replaced Software, or (b) Byte Enchanters advised you how
to operate the Software so as to achieve the functionality described in
the Documentation. Only if you inform Byte Enchanters of your problem
with the Software during the applicable warranty period and provide
evidence of the date you purchased a license to the Software will Byte
Enchanters be obligated to honor this warranty. Byte Enchanters will use
reasonable commercial efforts to repair, replace, advise or, for
individual consumers, refund pursuant to the foregoing warranty within
30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY BYTE ENCHANTERS. BYTE ENCHANTERS MAKES NO OTHER
EXPRESS WARRANTY AND NO  WARRANTY OF NONINFRINGEMENT
OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO LIMITATIONS MAYNOT APPLY TO
YOU. NO BYTE ENCHANTERS DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY.

If any modifications are made to the Software by you during
the warranty period; if the media is subjected to accident, abuse, or
improper  use; or if you violate the terms of this Agreement, then this
warranty shall immediately be terminated. This warranty shall not apply
if the Software is used on or in conjunction with hardware or software
other than the unmodified version of hardware and software with which the
software was designed to be used as described in the Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing
  the Software through the network must have a copy licensed to that
  person;
* use the Software on a second computer so long as only one copy is
  used at a time;
* copy the Software for archival purposes, provided any copy must
  contain all of the original Software's proprietary notices; or
* if you have purchased licenses for a 10 Pack or a 50 Pack, make up
  to 10 or 50 copies, respectively, of the Software, provided any
  copy must contain all of the originalSoftware's proprietary notices.
  The number of copies is the total number of copies that may be made
  for all platforms. Additional copies of Documentation may be
  purchased.

You may not:
* permit other individuals to use the Software except under the terms
  listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except
  to the extent applicable laws specifically prohibit such restriction),
  or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer
  rights to the Software; or
* remove any proprietary  notices or labels on the Software.

TITLE.

Title, ownership rights, and intellectual property rights in the Software
shall remain in Byte Enchanters and/or its suppliers. The Software is
protected by the copyright laws and treaties.  Title and related rights in the
content accessed through the Software is the property of the applicable
content owner and may be protected by applicable law. This License gives
you no rights to such content.

TERMINATION.

The license will terminate automatically if you fail to comply with the
limitations described herein.  On termination, you must destroy all copies
of the Software and Documentation.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL BYTE ENCHANTERS OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL BYTE ENCHANTERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT BYTE
ENCHANTERS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF BYTE
ENCHANTERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS.

If the copy of the Software you received was accompanied by a printed or other
form of "hard-copy" End User License Agreement whose terms vary from this
Agreement, then the hard-copy End User License Agreement governs your use of
the Software.  This Agreement represents the complete agreement concerning
this license and may amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
Agreement shall be governed by California law (except for conflict of law
provisions). The application the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.