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- SOFTWARE USE LIMITATIONS AND LIMITED LICENSE
-
- General Product License. Gunmetal (the 'Software') is intended solely for the purchaser's
- ('You' or 'Your') noncommercial entertainment use. You may not decompile, reverse
- engineer, or disassemble the Software, except as permitted by law. Mad Genius Software
- Ltd. retains all right, title and interest in the Software including all intellectual
- property rights embodied therein and derivatives thereof. The Software, including,
- without limitation, all code, data structures, characters, manuals, images, sounds,
- text, screens, game play, derivative works and all other elements of the Software
- may not be copied, resold, rented, leased, distributed (electronically or otherwise),
- used on pay-per-play, coin-op or other for-charge basis, or for any commercial purpose.
- You may not use the Software, or permit the use of the Software on more than one
- computer, terminal or workstation at the same time, or use the Software, or prevent
- use of the Software in a network, multi-user or remote access arrangement, including
- on-line use, except as permitted below. This Software is not licensed for commercial
- export from the country of sale without written consent. Any permissions granted
- herein are provided on a temporary basis and can be withdrawn by Mad Genius Software
- Ltd. at any time. All rights not expressly granted are reserved.
- Modem and Network Play. If the Software contains modem or network play, You
- may play the Software via modem transmission with another person or persons directly
- without transmission through a third party service or indirectly through a third party
- service only if such service is an authorized licensee of Mad Genius. For the purposes
- of this license, a third party service refers to any third party service which provides
- a connection between two or more users of the Software, manages, organizes, or
- facilitates game play, translates protocols, or otherwise provides a service which
- commercially exploits the Software, but does not include a third party service which
- merely provides a telephonic connection (and nothing more) for modem or network play.
- Authorized licensee services are listed on the Mad Genius World Wide Web Site located
- at http://www.madgenius.com. This limited right to transmit the Software expressly
- excludes any transmission of the Software or any data streams thereof on a commercial
- basis, including, without limitation, transmitting the Software by way of a commercial
- service (excepting those specific commercial services licensed by Mad Genius) which
- translates the protocols or manages or organizes game play sessions. If you would
- like information about obtaining a pay-for-play or commercial license to the Software,
- please contact Mad Genius Software Ltd. As listed below.
- Acceptance of License Terms. By acquiring and retaining this Software,
- you assent to the terms and restrictions of this limited license. If you do not
- accept the terms of this limited license, you must return the Software together
- with all packaging, manuals and other material contained to Mad Genius Software
- Ltd. to the address below, postage paid, with proof of purchase, and your purchase
- price will be refunded, including the cost of postage, or destroy the Software and
- all packaging, manuals and other material contained herein.
- GunmetalTM and Mad Genius SoftwareTM are trademarks of Mad Genius
- Software Ltd., GunmetalTM is Copyright 1998 by Mad Genius Software Ltd.
- All rights reserved worldwide. Any unauthorized copying, distribution or
- dissemination of GunmetalTM or any portion thereof will result in legal action.
- LIMITED WARRANTY: Mad Genius Software Ltd. warrants to the original
- consumer purchaser of the Software that the recording medium on which the
- software is recorded will be free from defects in material and workmanship
- for 90 days from the date of purchase. If the recording medium is found
- defective by Mad Genius Software Ltd. within 90 days of original purchase,
- Mad Genius Software Ltd. agrees to replace, at no charge, any such product
- upon receipt of the software, postage paid, to the address below with proof
- of the date of purchase. In the event that the software is no longer available,
- Mad Genius Software Ltd. retains the right to substitute a similar program of
- equal or greater value. This warranty is limited to the recording medium
- containing the software as originally provided by Mad Genius Software Ltd.
- and is not applicable to normal wear and tear. This warranty shall not be
- applicable and shall be void if the defect has arisen through the purchaser's
- neglect or abuse. Any implied warranties prescribed by statute are expressly
- limited to the 90-day period described above.
-
- ADDRESS: Mad Genius Software
- 2nd Floor, 311 Water Street
- Vancouver, British Columbia
- Canada, V6B 1B8.
-
- EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
- WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF
- MERCHANTABILITY, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE
- BINDING ON OR OBLIGATE MAD GENIUS SOFTWARE LTD.
-
- LIMITATION ON DAMAGES: IN NO EVENT WILL MAD GENIUS SOFTWARE LTD. BE LIABLE
- FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION,
- USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF
- GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY
- LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF MAD GENIUS SOFTWARE LTD. HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAD GENIUS SOFTWARE LTD.'S
- LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE
- THIS PROGRAM. SOME STATES/COUNTRIES DO NO T ALLOW LIMITATIONS ON HOW LONG
- AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL
- OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR
- LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
- LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
- JURISDICTION.
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- Published by Mad Genius Software Ltd. (c)1998 Mad Genius Software Ltd.
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