200+ Great Games for PDA/200+PDA.BIN/200+PalmGames/9-Ball Pinball/License.txt

Text File | 2001-07-02 | 8KB | 131 lines

LandWare, Inc. Software License Agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING
THIS  SOFTWARE.  BY USING THIS SOFTWARE, YOU AGREE TO BECOME
BOUND BY THE TERMS OF THIS LICENSE.  IF  YOU DO NOT AGREE
TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE.

The software ("Software") provided along with this License, is licensed,
not sold, to you by LandWare Incorporated ("LandWare") for use only under
the terms of this License, and LandWare reserves any rights not expressly
granted to you. You own the media on which the Software is recorded, but
LandWare and its licensors retain ownership of the Software itself.

1. License. This limited, non-exclusive License allows you to:
(a) Use one copy of the Software on a single computer at a time. To "use"
the Software means that the Software is either loaded in the temporary
memory or installed on the permanent memory of a computer.
(b) Make one copy of the Software in machine readable form solely for
backup purposes. Additionally, only so long as the Software is installed
only on the permanent memory of a single computer which is not accessible
by multiple computers and that single computer is used by one user for at
least 80% of the time the computer is in use, that same user may also make
one copy of the Software to use on a portable or home computer which is
primarily used by such user. As an express condition of this License, you
must reproduce on each copy any copyright notice or other proprietary
notice that is on the original copy supplied by LandWare.  You acknowledge
that making additional copies or duplicating the software by any other
means including electronic transmission is illegal.  You may not copy
the printed materials, if any, that accompany the software, or duplicate
copies of user documentation.  (c) Permanently transfer all your rights
under this License to another party by providing to such party all
copies of the Software licensed under this License together with a
copy of this License and the accompanying written materials, provided
that the other party reads and  agrees to accept the terms and
conditions of this License, and provided that you do not keep any
additional copies of the software or materials for yourself.

2. Restrictions. The Software contains trade secrets in its human
perceivable form and, to protect them, you may not REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE
SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY,
ADAPT, TRANSLATE, RENT, LEASE, LOAN, NETWORK, PROVIDE FREE,
OR CREATE DERIVATIVE WORKS OF, OR BASED UPON, THE SOFTWARE
OR  PART THEREOF.

3. Termination. This License is effective until terminated. This License
will terminate immediately without notice from LandWare or judicial
resolution if you fail to comply with any provision of this License.
Upon such termination you must destroy the Software, all accompanying
written materials and all copies thereof, and Sections 5, 6, 7 and 8
will survive  any termination.

4. Limited Satisfaction Guarantee. If you are not 100% satisfied with
the Software, you may return it within a period of thirty (30) days
from your date of purchase to the place of  purchase with a dated receipt
for a full refund of the purchase price, less any shipping and handling
or transaction fees. LandWare's entire liability and your sole and
exclusive remedy in such case will be, at LandWare's option, replacement
of the media (if any), refund of the purchase price (based on fair
market value of the Software) or repair or replacement of  the
Software.THIS LIMITED WARRANTY IS THE ONLY WARRANTY
PROVIDED BY LANDWARE AND LANDWARE AND ITS LICENSORS
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE
AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.

5. Limitation of Liability and Damages. IN NO EVENT WILL
LANDWARE, OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL,  INDIRECT OR
SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER
FORESEEABLE OR UNFORESEEABLE,  ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SOFTWARE OR  ACCOMPANYING
WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM
AND  EVEN IF LANDWARE OR A LANDWARE REPRESENTATIVE HAS
BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGE AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE. LandWare's sole liability to you for
any direct damages  for any cause whatsoever, and regardless of the
form of the action, will be limited to the greater of $50 or the
money paid for the LandWare Software (based on fair market value
of the Software) that caused the damages.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL
INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE
LAW REQUIRES SUCH LIABILITY BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.

6.  Consumer Information.  As a condition of this License, LandWare
may gather end-user registration and hardware and software version
information.  This information will be used to notify customers
and make decisions about support, product and business issues.

7. General.  This Agreement sets forth LandWare's entire liability
and your exclusive remedy with respect to the Software.  You
acknowledge that this Agreement is a complete statement of the
agreement between you and LandWare, and that there are no other
prior or contemporaneous understandings, promises, representations,
or descriptions regarding the Software or any related services.
This Agreement does not limit any right that LandWare or its Licensors
may have under trade secret, copyright, patent, trademark or other
laws.  The Representatives of LandWare are not authorized to make
modifications to this Agreement, or to make any additional
representations, commitments, or warranties binding on LandWare,
other than in writing signed by an officer of LandWare.  Accordingly,
any such additional statements are not binding on LandWare and you
should not rely upon such statements.

8. Governing Law and U.S. Government Restricted Rights. This License
will be construed under the laws of the State of New Jersey, except
for that body of law dealing with conflicts of law If any provision
of this License shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum
extent permissible, and the remaining provisions of this License will
remain in full force and effect If you are a U S Government user then
the Software is provided with "RESTRICTED RIGHTS" as set forth in
subparagraphs (c) (l) and( 2) of the Commercial Computer Software
Restricted Rights clause at FAR52227-19 o sub paragraph (c) (1) (ii)
of the Rights in Technical Data and Computer Software clause at
DFARS 52 277-7013, as applicable Manufacturer LandWare Incorporated
P.O. Box 25, Oradell, NJ.