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- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is a legal
- agreement between you, the end-user, and Danger Of Death("DOD").
- By continuing the installation of this data/program, by loading or running
- the game, or by placing or copying the data/program onto your computer hard
- drive, you are agreeing to be bound by the terms of this Agreement. If you
- do not agree to the terms of this Agreement, promptly return the data/program
- and the accompanying items (including all written materials), along with your
- receipt to the place from where you obtained them for a full refund.
-
- DANGER OF DEATH SOFTWARE LICENSE
-
- 1. Grant of License. DOD grants to you the right to use one (1) copy
- of the enclosed DOD data/program (the "Software") on a single computer.
- For purposes of this section, "use" means loading the Software
- into RAM, as well as installation on a hard disk or other storage device.
- You may not: rent, lease, modify, translate, disassemble, decompile, reverse
- engineer, or create derivative works based upon the Software.
- The Software, together with any archive copy thereof, shall be either returned
- to DOD or destroyed when no longer used in accordance with this Agreement, or
- when the right to use the Software is terminated. You agree that the Software
- will not be used in any manner in violation of any applicable law.
-
- 2. Copyright. The Software is owned by DOD and is protected by United
- States copyright laws and international treaty provisions. You must treat
- the Software like any other copyrighted material, except that you may either
- (a) make one copy of the Software solely for back-up or archival purposes, or
- (b) transfer the Software to a single hard disk provided you keep the
- original solely for back-up or archival purposes. You may not otherwise
- reproduce, copy or disclose to others, in whole or in any part, the Software.
- You may not copy the written materials accompanying the Software. You agree
- to use your best efforts to see that any user of the Software licensed
- hereunder complies with this Agreement.
-
- 3. Limited Warranty. DOD warrants that if properly installed and
- operated on a computer for which it is designed, the Software will perform
- substantially in accordance with the accompanying written materials for a
- period of ninety (90) days from the date of receipt. DOD's entire liability
- and your exclusive remedy shall be, at DOD's option, either (a) return of the
- price paid or (b) repair or replacement of the Software that does not meet
- DOD's Limited Warranty. To make a warranty claim, return the Software to the
- point of purchase, accompanied by proof of purchase, your name, your address,
- and a statement of defect, or return the Software with the above information
- to DOD. This Limited Warranty is void if failure of the Software has resulted
- in whole or in part from accident, abuse, misapplication or violation of this
- Agreement. Any replacement Software will be warranted for the remainder of
- the original warranty period or thirty (30) days, whichever is longer. This
- warranty allocates risks of product failure between Licensee and DOD. DOD's
- product pricing reflects this allocation of risk and the limitations of
- liability contained in this warranty.
-
- 4. NO OTHER WARRANTIES. DOD DISCLAIMS ALL OTHER WARRANTIES, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
- SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES
- YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION
- TO JURISDICTION. DOD DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL
- BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE
- WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER
- ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF DOD ARE
- NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL
- WARRANTIES ON BEHALF OF DOD. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING
- OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY
- DOD AND SHOULD NOT BE RELIED UPON.
-
- 5. Exclusive Remedies. You agree that your exclusive remedy against
- DOD, its affiliates, contractors, suppliers, and agents for loss or damage
- caused by any defect or failure in the Software regardless of the form of
- action, whether in contract, tort, including negligence, strict liability or
- otherwise, shall be the return of the purchase price paid or replacement of
- the Software. This Agreement shall be construed in accordance with and
- governed by the laws of the State of Texas. Copyright and other proprietary
- matters will be governed by United States laws and international treaties.
- IN ANY CASE, DOD SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST
- SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR
- DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
- OR OTHER LEGAL THEORY EVEN IF DOD OR ITS AGENT HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some
- jurisdictions do not allow the exclusion or limitation of incidental or
- consequential damages, so the above limitation or exclusion may not apply
- to you.
-
- 6. General Provisions. Neither this Agreement nor any part or portion
- hereof shall be assigned, sublicensed or otherwise transferred by you.
- Should any provision of this Agreement be held to be void, invalid,
- unenforceable or illegal by a court, the validity and enforceability of the
- other provisions shall not be affected thereby. If any provision is
- determined to be unenforceable, you agree to a modification of such provision
- to provide for enforcement of the provision's intent, to the extent permitted
- by applicable law. Failure of a party to enforce any provision of this
- Agreement shall not constitute or be construed as a waiver of such provision
- or of the right to enforce such provision. If you fail to comply with any
- terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND
- THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
- SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
- SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS
- AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
- SEPARATE AGREEMENTS BETWEEN DOD AND YOU, THIS AGREEMENT IS A COMPLETE AND
- EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS
- AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS,
- AND ANY OTHER COMMUNICATIONS BETWEEN DOD AND YOU RELATING TO THE SUBJECT
- MATTER OF THIS AGREEMENT.
-