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- Wiley Publishing, Inc. End-User License Agreement
-
- READ THIS. You should carefully read these terms and conditions before opening
- the software packet(s) included with this book "Book". This is a license
- agreement "Agreement" between you and Wiley Publishing, Inc."WPI". By opening
- the accompanying software packet(s), you acknowledge that you have read and
- accept the following terms and conditions. If you do not agree and do not want
- to be bound by such terms and conditions, promptly return the Book and the
- unopened software packet(s) to the place you obtained them for a full refund.
-
- 1. License Grant. WPI grants to you (either an individual or entity) a
- nonexclusive license to use one copy of the enclosed software program(s)
- (collectively, the "Software" solely for your own personal or business purposes
- on a single computer (whether a standard computer or a workstation component of
- a multi-user network). The Software is in use on a computer when it is loaded
- into temporary memory (RAM) or installed into permanent memory (hard disk, CD-
- ROM, or other storage device). WPI reserves all rights not expressly granted
- herein.
-
- 2. Ownership. WPI is the owner of all right, title, and interest, including
- copyright, in and to the compilation of the Software recorded on the disk(s) or
- CD-ROM "Software Media". Copyright to the individual programs recorded on the
- Software Media is owned by the author or other authorized copyright owner of
- each program. Ownership of the Software and all proprietary rights relating
- thereto remain with WPI and its licensers.
-
- 3. Restrictions On Use and Transfer. (a) You may only (i) make one copy of the
- Software for backup or archival purposes, or (ii) transfer the Software to a
- single hard disk, provided that you keep the original for backup or archival
- purposes. You may not (i) rent or lease the Software, (ii) copy or reproduce the
- Software through a LAN or other network system or through any computer
- subscriber system or bulletin- board system, or (iii) modify, adapt, or create
- derivative works based on the Software. (b) You may not reverse engineer,
- decompile, or disassemble the Software. You may transfer the Software and user
- documentation on a permanent basis, provided that the transferee agrees to
- accept the terms and conditions of this Agreement and you retain no copies. If
- the Software is an update or has been updated, any transfer must include the
- most recent update and all prior versions.
-
- 4. Restrictions on Use of Individual Programs. You must follow the individual
- requirements and restrictions detailed for each individual program in the About
- the CD-ROM appendix of this Book. These limitations are also contained in the
- individual license agreements recorded on the Software Media. These limitations
- may include a requirement that after using the program for a specified period of
- time, the user must pay a registration fee or discontinue use. By opening the
- Software packet(s), you will be agreeing to abide by the licenses and
- restrictions for these individual programs that are detailed in the About the
- CD-ROM appendix and on the Software Media. None of the material on this Software
- Media or listed in this Book may ever be redistributed, in original or modified
- form, for commercial purposes.
-
- 5. Limited Warranty. (a) WPI warrants that the Software and Software Media are
- free from defects in materials and workmanship under normal use for a period of
- sixty (60) days from the date of purchase of this Book. If WPI receives
- notification within the warranty period of defects in materials or workmanship,
- WPI will replace the defective Software Media. (b) WPI AND THE AUTHOR OF THE
- BOOK DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
- LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
- PURPOSE, WITH RESPECT TO THE SOFTWARE, THE PROGRAMS, THE SOURCE CODE CONTAINED
- THEREIN, AND/OR THE TECHNIQUES DESCRIBED IN THIS BOOK. WPI DOES NOT WARRANT THAT
- THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
- OPERATION OF THE SOFTWARE WILL BE ERROR FREE. (c) This limited warranty gives
- you specific legal rights, and you may have other rights that vary from
- jurisdiction to jurisdiction.
-
- 6. Remedies. (a) WPI's entire liability and your exclusive remedy for defects in
- materials and workmanship shall be limited to replacement of the Software Media,
- which may be returned to WPI with a copy of your receipt at the following
- address: Software Media Fulfillment Department, Attn.: Windows Game Programming
- For Dummies, 2e, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis,
- IN 46256, or call 1-800-762-2974. Please allow four to six weeks for delivery.
- This Limited Warranty is void if failure of the Software Media has resulted from
- accident, abuse, or misapplication. Any replacement Software Media will be
- warranted for the remainder of the original warranty period or thirty (30) days,
- whichever is longer. (b) In no event shall WPI or the author be liable for any
- damages whatsoever (including without limitation damages for loss of business
- profits, business interruption, loss of business information, or any other
- pecuniary loss) arising from the use of or inability to use the Book or the
- Software, even if WPI has been advised of the possibility of such damages. (c)
- Because some jurisdictions do not allow the exclusion or limitation of liability
- for consequential or incidental damages, the above limitation or exclusion may
- not apply to you.
-
- 7. U.S. Government Restricted Rights. Use, duplication, or disclosure of the
- Software for or on behalf of the United States of America, its agencies and/or
- instrumentalities "U.S. Government" is subject to restrictions as stated in
- paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
- clause of DFARS 252.227-7013, or subparagraphs (c) (1) and (2) of the Commercial
- Computer Software - Restricted Rights clause at FAR 52.227-19, and in similar
- clauses in the NASA FAR supplement, as applicable.
-
- 8. General. This Agreement constitutes the entire understanding of the parties
- and revokes and supersedes all prior agreements, oral or written, between them
- and may not be modified or amended except in a writing signed by both parties
- hereto that specifically refers to this Agreement. This Agreement shall take
- precedence over any other documents that may be in conflict herewith. If any one
- or more provisions contained in this Agreement are held by any court or tribunal
- to be invalid, illegal, or otherwise unenforceable, each and every other
- provision shall remain in full force and effect.
-