Please read this License Agreement (this “Agreement”) carefully before installing this software. By installing this software you are agreeing to be bound by the terms and conditions of this Agreement Agreement. If you do not agree to these terms and conditions do not install this Software.
This Agreement is a legal document between you (“Licensee”) and Aspyr Media, Inc. (“Aspyr”).
Limited License; Your Rights and Responsibilities
In consideration of your payment of the license fee (included in the price you paid for the Software) and your agreement to abide by the terms of this Agreement, Aspyr agrees to grant, and you agree to accept, on the following terms and conditions, a non-exclusive, limited license to use this software and the accompanying related materials (“Software”).
This Agreement authorizes you to use the Software on the single microcomputer in which the CD is installed. Title to the Software will at all times remain with Aspyr and third parties who have granted Aspyr the right to distribute portions of the Software. The Software is proprietary and subject to production under various intellectual property laws, including copyright, throughout the world. Unauthorized copying of the Software, or any portion thereof, is expressly forbidden. You may be held legally responsible for any infringement caused by your failure to abide by the terms of this Agreement. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Software or create any derivative work thereof or any software interfacing with the Software.
As the Licensee, you may physically transfer the Software from one computer to another provided that the Software is used on only one computer at a time. You may not (a) electronically transfer the Software from one computer to another over a network, (b) distribute copies of the Software to others, or (c) print, modify, adapt, translate, or create derivative works based on the graphics or written materials included in the Software without Aspyr’s prior written consent, which may be withheld.
This Agreement (a) is effective until terminated, and (b) will terminate immediately without notice from Aspyr if you fail to comply with any of the provisions of this Agreement. Upon termination, you must destroy all copies of the Software.
Limited Warranty; Limitation of Liability
The Software is delivered “as is” without any warranties, except that Aspyr warrants, for a period of ninety (90) days from the date you obtained the Software that the media on which the Software was delivered is not defective.
ASPYR MAKES NO OTHER WARRANTIES, AND DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In no event shall Aspyr of any of its licensors, contractors, vendors or suppliers be liable to licensee or any third party for any claims or damages, including but not limited to any lost profits, lost savings, lost data or any other direct, incidental, consequential, indirect or punitive damages, whether resulting from impaired or lost data, software or computer failure or any other cause, even if such damages are caused by Aspyr’s own negligence and even if Aspyr is advised of the possibility of such damages, or for any other claim by any user of the software. Aspyr’s entire liability to Licensee and all third parties and your exclusive remedy shall be the replacement of the media found to be defective and returned to Aspyr, prepaid with a copy of your purchase receipt, by the registered Licensee within ninety (90) days from the date you obtained the Software.
No oral or written advice or statement given or made by Aspyr, or its dealers, agents, distributors or employees shall create any warranty or in any way increase the scope of the foregoing warranty.
This warranty gives you specific rights. You may have other rights which vary by state and certain limitations contained in the limited warranty may not apply to you. This Agreement shall be governed by the laws, other than choice of law rules, of the State of Texas and the United States of America.
