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LICENSE.DOC
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1994-03-05
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========================= SOFTWARE LICENSE AGREEMENT ========================
This is an Agreement between you, the END-USER, and DEVASOFT pertaining
to the ownership, use, and distribution of AMY'S FUN-2-3 ADVENTURE (the
"SOFTWARE"). By placing or copying the SOFTWARE onto your computer hard
drive, or installing the SOFTWARE onto your computer, or loading or running
the SOFTWARE, you are agreeing to be bound by the terms of this Agreement.
1. DEFINITIONS
For purposes of this Agreement and at any time during the term of this
Agreement, the following terms shall have the respective meanings indi-
cated:
A. The term "SOFTWARE" shall mean the SHAREWARE VERSION of AMY'S FUN-2-3
ADVENTURE distributed and copyrighted by DEVASOFT. THIS LICENSE does
not apply to DEVASOFT'S non-shareware retail programs, which may only
be distributed by DEVASOFT or authorized DEVASOFT DEALERS after written
approval from DEVASOFT and execution of our VENDOR'S LICENSING AGREEMENT
as described in the VENDOR.DOC file.
B. The term "END-USER" shall mean any third party which obtains the
SOFTWARE for its own use.
C. The term "DEALER" shall mean any independent sales organization,
distributor, retail store or other third party marketing entity.
D. The term "COMMERCIALLY DISTRIBUTE" shall mean to distribute the
SOFTWARE for money or other considerations. It includes distribut-
ing the SOFTWARE on CD-ROMs, bundling the SOFTWARE with hardware, or
distributing the SOFTWARE in a retail environment (such as on a rack).
E. The term "TRADEMARKS" shall refer to the name of the SOFTWARE, the
character AMY and the name DEVASOFT, which are trademarks of DEVASOFT.
2. GRANT OF LICENSE
DEVASOFT grants to you the right to use this SOFTWARE. For purposes of
this section, "use" means loading the SOFTWARE into RAM, as well as
installing the SOFTWARE on a hard disk or other storage device. You
may not reverse engineer, decompile, translate, disassemble, modify,
or create derivative works based upon the SOFTWARE. You agree that the
SOFTWARE will not be shipped, transferred or exported into any country
in violation of the U.S. Export Administration Act and that you will
not utilize, in any other manner, the SOFTWARE in violation of any
applicable law.
3. OWNERSHIP AND COPYRIGHT
This SOFTWARE is owned by DEVASOFT and is protected by United States
copyright laws and international treaty provisions. You must treat the
SOFTWARE just like any other copyrighted material with the following
provisions and exceptions in sections 3a, 4, and 5 of this Agreement.
A. You may make copies of the SOFTWARE to give to other END-USERS as long
as no files originally distributed with the SOFTWARE by DEVASOFT are
altered or removed.
4. DISTRIBUTION BY MODEM
DEVASOFT allows and encourages bulletin board systems and online services
to distribute this SOFTWARE as long as no files originally distributed
with the SOFTWARE by DEVASOFT are altered or removed.
5. DISTRIBUTION BY SHAREWARE VENDORS
DEVASOFT allows Shareware Vendors to distribute this SOFTWARE alone on a
floppy disk with the following conditions:
A. You explain the shareware concept and describe the SOFTWARE as share-
ware.
B. You credit Devasoft as the publisher of this SOFTWARE in all catalog
descriptions and any other written descriptions.
C. You make every effort to sell the latest version of this SOFTWARE.
D. You may not alter or delete any files of the SOFTWARE. If you like,
you may add your own installation routines with this SOFTWARE.
E. You may sell the SOFTWARE for a maximum of $9.00 (Nine US Dollars).
F. Other than installation routines, no other programs may be included
with this SOFTWARE.
6. COMMERCIAL DISTRIBUTION
You may not COMMERCIALLY DISTRIBUTE this SOFTWARE without first receiving
DEVASOFT's prior written consent and executing our VENDOR'S LICENSING
AGREEMENT as specified in the VENDOR.DOC file.
7. THIS SOFTWARE IS PROVIDED "AS-IS". DEVASOFT MAKES NO EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND CONCERNING THE MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THIS SOFTWARE. IT IS THE SOLE RESPONSIBILITY OF
THE END-USER TO DETERMINE THE SUITABILITY OF THE SOFTWARE FOR ANY PURPOSE.
IN NO EVENT WILL DEVASOFT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE OR MALFUNCTION OF
THIS SOFTWARE. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY
DEVASOFT AND SHOULD NOT BE RELIED UPON.
8. MISCELLANEOUS PROVISIONS
A. This Agreement constitutes the entire understanding and agreement
between the END-USER and DEVASOFT and supersedes any and all prior or
contemporaneous oral or written communications with respect to the
subject matter hereof, all of which are merged herein. When you run
the installation process of the SOFTWARE, or place or copy the
SOFTWARE onto your computer hard drive, or load or run the SOFTWARE,
you agree to be bound by the terms and conditions of this Agreement.
B. In the event that any provision hereof is found invalid or unenforce-
able pursuant to judicial decree or decision, the remainder of the
Agreement shall remain valid and enforceable according to its term.
If any provision is determined to be unenforceable, you agree to a
modification of such provision to provide for enforcement of the pro-
vision's intent, to the extent permitted by applicable law. Without
limiting the foregoing, it is expressly understood and agreed that
each provision of this Agreement which provides for a limitation
liability, disclaimer of warranties or exclusion of damages shall be
severable and independent of any other such provision and enforceable
as such. Further, it is expressly understood and agreed that in the
event any remedy hereunder is determined to have failed in its essen-
tial purpose, all limitations of liability and exclusions of damages
set forth herein shall remain in effect.
C. 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.
D. If you fail to comply with any of the terms of this Agreement, your
license shall be automatically terminated.
E. This Agreement shall be construed and enforced in accordance with the
laws of the State of California and subject to the jurisdiction of the
courts therein.