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PC Games.EXE 1997 June
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PC Games EXE (CD-ROM Sampler Disc)(May-June 1997).iso
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quiver
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license.doc
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1997-03-06
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10KB
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222 lines
QUIVER
End User License Agreement
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS
"AGREEMENT") CAREFULLY BEFORE YOU INSTALL THE QUIVER
SOFTWARE. BY DOWNLOADING AND INSTALLING THE QUIVER
SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF EACH OF THE
TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. UPON YOUR ACCEPTANCE, THIS
AGREEMENT WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU
AND ADVERTAINMENT SOFTWARE, INC. THE TERMS OF THIS AGREEMENT
APPLY TO YOU AND TO ANY SUBSEQUENT LICENSEE OF THIS PRODUCT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
AND OF THIS DOCUMENT YOU MUST NOT INSTALL OR USE EITHER
THE TRIAL QUIVER SOFTWARE OR THE FULL QUIVER SOFTWARE.
This copy of the software is non-exclusively licensed to you
under the following terms:
LICENSE
The QUIVER Software, both the TRIAL and FULL QUIVER Software,
together with any fonts accompanying this Agreement,
whether on disk, in read only memory or any other media
or in any other form (collectively, the "QUIVER Software")
is never sold. The QUIVER FULL Software is secured using
a locking technology which requires you provide a site
unique Control Number and payment to receive an activation
code which enables the QUIVER FULL Software.
These versions are non-exclusively licensed by
ADvertainment Software Inc.("ADvertainment") to you and
to any subsequent licensee for personal use only on
the terms of this Agreement. You own the media on which
the QUIVER Software is recorded, but ADvertainment
retains the ownership of the QUIVER Software and any
subsequent copies of the QUIVER Software. The QUIVER
TRIAL Software and QUIVER FULL Software, locked or
unlocked, and any copies made under this Agreement are
subject to this Agreement.
FOR THE TRIAL QUIVER SOFTWARE YOU MAY:
1. LOAD and USE the TRIAL QUIVER Software as long as
you like.
2. COPY in Diskette form and DISTRIBUTE the
TRIAL QUIVER Software, at no charge to recipient,
unless prior express written approval is obtained,
from ADVERTAINMENT.
FOR THE FULL QUIVER SOFTWARE YOU MAY:
1. LOAD and USE the FULL QUIVER Software as long as the
FULL QUIVER Software is only used on one computer by
one user at a time, and that an activation code has
been purchased from ADvertainment. This license does
not allow the FULL QUIVER Software to exist on more
than one computer at a time. Before you may install or
use the FULL QUIVER Software on a corporate computer
and/or computer network, including without limitation
an intranet wide area network (WAN), and/or a local
area network(LAN), you must contact ADvertainment
and pay a license fee based on the number of
computers or terminals connected to the computer
network which have access to and use the FULL
QUIVER Software.
3. COPY the FULL QUIVER Software for back-up purposes only.
You may make one (1) copy of the Full QUIVER Software in
machine-readable form for back-up purposes. The back-up
copy must contain all copyright notices contained in the
original QUIVER Software.
4. TRANSFER the FULL QUIVER Software only and license
(including this Agreement) permanently to another
person, but only if that person agrees to accept
all of the terms of this Agreement, and only if
such transfer is reported to ADvertainment, to
ensure the other person is identifiable to
ADvertainment as a licensed user. If you transfer the
QUIVER Software, you must at the same time either
transfer all copies of the QUIVER Software to the
same person or destroy any copies not transferred.
5. TERMINATE this Agreement by destroying the original and
all copies of the QUIVER Software in whatever form.
FOR EITHER THE TRIAL OR FULL QUIVER SOFTWARE YOU MAY NOT:
1. Loan, distribute, rent, lease, give, sublicense or
otherwise transfer the FULL QUIVER Software (or any copy of
the FULL QUIVER Software), or any version identified
as a PRERELEASE/DO NOT DISTRIBUTE VERSION in whole or
in part, to any other person, except as permitted
under Paragraph 3 (TRANSFER) above.
2. Copy, alter, translate, decompile, disassemble, reverse
engineer or create derivative works from the QUIVER
Software, including but not limited to, modifying the
QUIVER Software to make it operate on non-compatible
hardware, or to modify the TRIAL QUIVER SOFTWARE to
perform any of FULL QUIVER SOFTWARE functions.
3. Use a "crack" utility, or any other means to circumvent
the locker technology employed in protecting the FULL
QUIVER software.
4. Remove, alter or cause not to be displayed, any copyright
notices or startup messages or trailer messages contained
in the TRIAL OR FULL QUIVER Software.
5. Export the QUIVER Software or the product components in
violation of any United States export laws.
FOR THE TRIAL QUIVER SOFTWARE YOU WILL NOT BE ENTITLED TO:
1. Free technical support
Title to the QUIVER Software, including the ownership of all
copyrights, patents, trademarks and all other intellectual
property rights subsisting in the foregoing, and all
adaptations to and modifications of the foregoing shall at all
times remain with ADvertainment Software. ADvertainment
Software retains all rights not expressly licensed under this
Agreement. The QUIVER Software, including any images, graphics,
photographs, animation, video, audio, music, characters, props,
and text incorporated therein is owned by ADvertainment
Software or its suppliers and is protected by United States copyright
laws and international treaty provisions. Except as otherwise
expressly provided in this Agreement, the copying,
reproduction, distribution or preparation of derivative works
of the QUIVER Software is strictly prohibited by such laws
and treaty provisions. Nothing in this Agreement constitutes a
waiver of QUIVER's rights under United States copyright law.
This Agreement and your rights are governed by the laws of the
State of Florida. If for any reason a court of competent
jurisdiction finds any provision of this Agreement, or portion
thereof, to be unenforceable, the remainder of this Agreement
shall continue in full force and effect.
THIS LICENSE SHALL TERMINATE AUTOMATICALLY if you fail to
comply with the terms of this Agreement.
DISCLAIMER OF WARRANTY ON QUIVER SOFTWARE
You expressly acknowledge and agree that your use of the
QUIVER Software is at your sole risk. Because it is
impossible for ADvertainment Software to know the purposes
for which you acquired this QUIVER Software or the uses to
which you will put this QUIVER Software, you assume full
responsibility for the selection of the QUIVER Software and
for its installation and use and the results of that use.
THE QUIVER SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY
OF ANY KIND, AND INTERVU EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE QUIVER SOFTWARE
IS BORNE BY YOU. ADVERTAINMENT SOFTWARE DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE QUIVER SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE QUIVERU SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE QUIVER SOFTWARE WILL BE CORRECTED. FURTHER MORE,
ADVERTAINMENT SOFTWARE DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE QUIVER SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY ADVERTAINMENT OR AN ADVERTAINMENT
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. SHOULD THE QUIVER SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT ADVERTAINMENT SOFTWARE OR AN
ADVERTAINMENT SOFTWARE REPRESENTATIVE) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. THIS DISCLAIMER OF WARRANTIES, REMEDIES AND
LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
AGREEMENT BETWEEN ADVERTAINMENT SOFTWARE AND YOU.
ADVERTAINMENT SOFTWARE WOULD NOT BE ABLE TO PROVIDE THE
QUIVER SOFTWARE WITHOUT SUCH LIMITATIONS.
LIMITATION OF LIABILITY
THE TRIAL VERSION OF THE QUIVER SOFTWARE IS BEING PROVIDED TO
YOU FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL ADVERTAINMENT SOFTWARE BE LIABLE UNDER ANY THEORY OR
FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
GENERAL, SPECIAL, CONSEQUENTIAL,INCIDENTAL, EXEMPLARY OR
OTHER DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE QUIVER SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT
(INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR ANY OTHER PECUNIARY LOSS),EVEN IF ADVERTAINMENT SOFTWARE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY
NOT APPLY TO YOU.
ADDITIONAL PROVISIONS YOU SHOULD BE AWARE OF
This Agreement constitutes the entire agreement between you
and ADvertainment Software regarding the QUIVER Software and
supersedes any prior representations, understandings and
agreements, either oral or written. No amendment to or
modification of this Agreement will be binding unless in
writing and signed by ADvertainment Software.
U.S. GOVERNMENT RESTRICTED RIGHTS
The QUIVER Software product and documentation is provided
with RESTRICTED RIGHTS. The use, duplication or disclosure by
the Government is subject to restrictions as set forth in
subdivision (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at 52.227-7013. The
contractor/manufacturer of this software is ADvertainment
Software, Inc., 4925 Bayshore Blvd, Tampa, Florida, 33611, U.S.A.