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MacWorld 1998 April
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Cool Specials!
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Paper Air Force LE
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LICENSE
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1997-12-29
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License Agreement
Paper Air Force
KittyHawk Software, Inc.
P.O. Box 64189
Tucson, AZ 85728
(520) 622-2200
License to Distribute or sell KittyHawk Software, Inc.ís "Paper Air
Force" Limited Version.
This document (LICENSE.TXT) is the only terms in which we, KittyHawk
Software, Inc., ("KittyHawk") allow Commercial Distribution of "Paper
Air Force" Limited Version(the "Software").
To "commercially distribute" means to distribute for money or other
consideration. It includes copying onto magnetic disks, CD-ROMs or any
other tangible medium now or subsequently known, and distribution by
retail rack, direct mail, catalog, advertisement, or trade show. It
does not include distribution by any not for profit organization, by any
hobby, user or computer interest group to its members, or electronically
by any BBS or Internet site.
"Paper Air Force" means version 1.0 and all of the related files
distributed by us under the mark "Paper Air Force."
A. OWNERSHIP: Except to the extent expressly licensed by us, we have
and reserve the exclusive copyright and other right, title and interest
to distribute the Program, and the right to use the Trademark in
connection with them.
B. THINGS YOU MUST DO: You may Commercially Distribute the
Program under this License so long as you:
[1] Clearly market it as limited using "try before you buy" or similar
words,
[2] Try to sell only the most current version of it,
[3] Make distribution copies only from master copies received directly
from us,
[4] Distribute the Software complete including all of its related
files, each in compressed or other format.
C. Your right to distribute under this license is personal, and does not
include any right to:
[1] sub-license or otherwise cause any copying or distribution of the
Software by anyone else without our consent in writing, or
[2] rent or lease the Software, or
[3] sell it as part of any hardware or software package.
D. TERM: This License terminates upon 30 days prior written notice by
either us to the other. If terminated by us by such notice, you may
distribute the Program until the earlier of 30 days after the
termination date in the notice, or completion of the distribution of the
copies you have in stock. Sections A, E and the Warranty will survive
the termination of this License.
E. MISCELLANY You may not reverse engineer, decompile, disassemble, or
create derivative works from the Software. You will hold KittyHawk, our
contractors, employees and agents harmless from damage, loss and expense
arising directly or indirectly from your acts and omissions in copying
and distributing the Software. With respect to every matter arising
under this License, you consent to the exclusive jurisdiction and venue
of the state and federal courts sitting in Tucson, Arizona, USA, or as
otherwise permitted by law.
***********************************************************************
Warranty
***********************************************************************
THE PROGRAM IS PROVIDED "AS IS". NO OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON.
KITTYHAWK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
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
STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL KITTYHAWK OR
ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING FROM THE USE OR THE INABILITY TO USE THIS KITTYHAWK
PRODUCT, EVEN IF KITTYHAWK HAS BEEN ADVISED OF THE POTENTIAL OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
November 25, 1997