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Master Thief EULA 2002.txt
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2002-10-08
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SOFTWARE: Master Thief(tm) (Palm OS3.3x upwards)
CASCATA LIMITED & MOBILEWIZARDRY LIMITED END-USER LICENCE
AGREEMENT (EULA) 2002
http://www.cascatagames.com & http://www.mobilewizardry.com
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Please read the terms and conditions of this Freeware Licence
Agreement carefully, in particular the restrictions contained
within and the disclaimers and limitations of liability of use.
GRANT OF LICENCE
This Licence Agreement ("Licence") sets out the legal terms and
conditions upon which we, Cascata Limited & MobileWizardry
Limited ("Creators"), permit You to install and use the PDA
version of the interactive computer game Master Thief(tm)
("Software"). ("You") means the individual downloading, and
paying (where applicable) for the right to install and use the
freeware SOFTWARE.
The Freeware Software is licensed, not sold. By installing,
copying or otherwise using the SOFTWARE, you agree to be bound by
the terms of this Agreement. If you do not agree to the terms of
this Agreement, promptly return the complete product unopened or
uninstalled using the Returns procedure at the merchant or
supplier from whom you purchased the SOFTWARE.
The minimum requirements required in order for you to be able to
install and use the Software are stated on the merchant Website.
You are solely responsible for ensuring that your PDA meets the
Minimum Requirements. You will not be able to install and/or use
the Software unless your PDA meets the Minimum Requirements.
Creators reserves the right to retain any payment made in respect
of the Software in the event that You attempt to install and/or
use the Software on a PDA which does not meet the Minimum
Requirements.
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FREEWARE PRODUCT TRANSFER
User may permanently transfer the entire Freeware Product to any
third party, providing that the third party accepts the terms of
this EULA in its entirety.
In the event that User has received this Freeware Product as part
of a Freeware Bundle, then all Freeware Products supplied as part
of that Freeware Bundle must be transferred. Under no
circumstances can a Freeware Product supplied as part of a
Freeware Bundle be transferred separately.
Please note that this is a legally binding agreement. If you do
not agree to be bound by its terms do not proceed to install the
SOFTWARE. If you are prepared to be bound by these terms and
conditions after having read them carefully please click onto the
"I Agree" button at the end of this Licence Agreement. By doing
so you will be agreeing to be legally bound by the terms of this
Licence Agreement.
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FURTHER CONDITIONS OF LICENSE
The Creators may at any time and without notice or warning change
the contents and technical specifications of the Software as the
companies sees fit. Without prejudice to the generality of the
foregoing, the Creators do not guarantee the availability of the
SOFTWARE on the Website for any period of time.
The rights and licences granted to you in this Licence Agreement
are personal to You. This Licence Agreement and the rights
granted to you under it are for your benefit only and are not
transferable or assignable.
You may only use the Software for your own personal and
non-commercial leisure use.
Except for the rights expressly set out in this Licence
Agreement, all rights (including intellectual property rights)
in relation to the Software and the game comprised therein are
reserved absolutely by the respective named owners of such
rights. Except as expressly permitted by this Licence Agreement
and save and to the extent expressly permitted by applicable law,
you may not rent, lease, sub-license, exploit for gain, copy,
modify, adapt, merge, translate, reverse engineer, decompile,
disassemble or create derivative works based on the whole or any
part of the SOFTWARE or use, reproduce or otherwise deal in the
Software or any part thereof in any way.
To the maximum extent permitted under law, if during the warranty
period set forth below, a defect is discovered by User, UserÆs
exclusive remedy hereunder shall be, at the sole option of the
Creators the repair or replacement of the Freeware Product. In
order to obtain such remedy, User must return the Freeware
Product in its entirety to the Creators, for a replacement copy.
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TRADEMARK & COPYRIGHT
The SOFTWARE (including any images and text incorporated into the
SOFTWARE) is jointly owned by Cascata Limited & MobileWizardry
Limited, their suppliers. The Software is protected by English
copyright laws and international treaty provisions.
Master Thief(tm) & Cascata(tm) are registered UK Trade Marks.
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BACKUP & OTHER PRECAUTIONS
You may take a single back-up copy of the SOFTWARE and are solely
responsible for making such back-up copy. We are not liable to
You for any loss of the SOFTWARE or inability to play the game
comprised therein as a result of a loss of power and/or failure
to make a back-up copy of the SOFTWARE.
You may not use the back-up copy of the SOFTWARE for any purpose
other than to reproduce the original in the event that it is
destroyed or becomes defective.
In addition, we accept no liability to You in the event that
there is any defect or failure in the operation or use of the
SOFTWARE as a result of any corruption of data or otherwise
Caused by any other application on the PDA.
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DISCAIMERS & EXCLUSIONS & LIMITATIONS ON LIABILITY
Cascata Limited & MobileWizardry Limited warrants that this
SOFTWARE will perform substantially in accordance with the user
instructions for a period of ninety days from the date of
receipt.
We do not make any representation or warranty as to the quality,
functionality or freedom from error or contaminants (including
viruses, worms, Trojan horses, logic bombs or similar) or
availability of the SOFTWARE or the Website. Our entire liability
shall be, at Cascata Limited's option, either (a) return of the
price paid or (b) repair or replacement of the SOFTWARE that does
not meet our warranty.
So far as permitted by law, You agree that all implied
warranties, conditions and terms of any nature, including
without limitation warranties of satisfactory quality,
merchantability or fitness for purpose, relating to the SOFTWARE
are hereby excluded and that You download, install, use (as the
case may be) the SOFTWARE and the computer game comprised therein
entirely at your own risk.
The Creators recommends that You employ an up-to-date virus scan
program before downloading, installing and/or using the SOFTWARE.
THE MAXIMUM EXTENT OF OUR LIABILITY TO YOU, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR HOWSOEVER ARISING UNDER OR IN
RELATION TO THIS LICENCE, SHALL NOT IN AGGREGATE EXCEED THE FEE
PAID OR PAYABLE BY YOU TO DOWNLOAD, INSTALL AND USE THE SOFTWARE.
YOU AGREE THAT NEITHER WE NOR ANY RIGHTS OWNER IN THE SOFTWARE OR
THE GAME COMPRISED IN IT SHALL IN ANY EVENT, TO THE MAXIMUM
EXTENT PERMISSIBLE BY LAW, BE LIABLE TO YOU OR ANY OTHER PARTY
(NEITHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE)
FOR ANY LOSS OF PROFIT, GOODWILL, REPUTATION OR OPPORTUNITY OR
FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR
DAMAGE ARISING FROM YOU DOWNLOADING, INSTALLING AND/OR USING THE
SOFTWARE AND PLAYING THE GAME COMPRISED THEREIN).
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GOVERNING LAW & JURISDICTION
The construction, validity and performance of this Licence shall
be governed in all respects by English law and You agree to
submit to the non-exclusive jurisdiction of the Courts of England
in relation to any suit, action or proceeding relating to or
arising in connection with this Licence.
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(c) Copyright 2002, All rights reserved.
Cascata Limited, PO BOX 27084, London N2 0YP
email: gamesupport@cascata.co.uk
http://www.cascatagames.com http://www.mobilewizardry.com
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