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- SOFTWARE AGREEMENT
- for Galactic Realms
-
- NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE.
- INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES
- YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS
- AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING
- THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE
- SOFTWARE FROM YOUR HARDWARE AND A FULL REFUND WILL BE ISSUED.
- PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE
- SOFTWARE
- OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS
- AGREEMENT.
-
- IMPORTANT -- READ CAREFULLY: By installing Galactic Realms
- ("Software")
- Licensee agrees to be and is hereby bound by the terms of this
- Software
- Agreement ("Agreement"). If Licensee does not agree to the terms of
- this
- Agreement, Licensee must promptly destroy all copies of the Software
- and
- accompanying documentation ("Documentation"). Certain portions of this
- Agreement restrict Licensee's rights and impose certain obligations
- with respect to such third party software.
-
- I. GRANT OF LICENSE:
-
- Kyle Poole hereby grants to Licensee a non-exclusive license to the
- Software and Documentation subject to the following terms:
-
- Licensee may: (i) use the Software on any single computer;
- (ii) use the Software on a second computer so long as the first and
- second
- computers are not used simultaneously; (iii) copy the Software for
- back-up,
- archival purposes provided any copy must contain all of the original
- Software's proprietary notices.
-
- Licensee may not: (i) permit other individuals to use the Software
- except
- under the terms listed above; (ii) modify, translate, reverse
- engineer,
- decompile, disassemble (except to the extent that this restriction is
- expressly prohibited by law) or create derivative works based upon the
- Software or Documentation; (iii) copy the Software or Documentation
- (except for back-up purposes); (iv) rent, lease, transfer, or
- otherwise
- transfer rights to the Software or Documentation; or (v) remove any
- proprietary notices or labels on the Software or Documentation.
-
- II. SOFTWARE:
-
- If Licensee receives the first copy of the Software electronically and
- a
- second copy on media the second copy may be used for archival purposes
- only
- and may not be transferred to or used by any other person. This
- license
- does not grant Licensee any right to any enhancement or update.
-
- III. TITLE:
-
- Title, ownership, rights, and intellectual property rights in and to
- the
- Software and Documentation shall remain with Kyle Poole and/or his
- suppliers. The Software is protected by the copyright laws of Canada
- and
- international copyright treaties. Title, ownership rights and
- intellectual
- property rights in and to the content accessed through the Software
- including the content contained in the Software media demonstration
- files
- is the property of the applicable content owner and may be protected
- by
- applicable copyright or other law. This license gives Licensee no
- rights
- to such content.
-
- IV. CONFIDENTIALITY:
-
- By virtue of this agreement, the parties may have access to
- information
- that is confidential to one another ("Confidential Information").
- Confidential Information shall be limited to the Software Products and
- all
- information clearly marked as confidential.
-
- A party's Confidential Information shall not include information which
- (a) is or becomes a part of the public domain through no act or
- omission
- of the other party; or (b) was in the other party's lawful possession
- prior
- to the disclosure and had not been obtained by the other party either
- directly or indirectly from the disclosing party; or (c) is lawfully
- disclosed to the other party by a third party without restriction on
- disclosure; or (d) is independently developed by the other party.
- Results of
- any tests run by Customer may not be disclosed outside of Customer's
- organization without permission in writing from Kyle Poole.
-
- The parties agree, both during the term of this Agreement and for a
- period of
- two years after termination of the Agreement and of all licenses
- granted
- hereunder, to hold each other's Confidential Information in
- confidence. The
- parties agree not to make each other's Confidential Information
- available in
- any form to any third party or to use each other's Confidential
- Information for
- any other purpose than the implementation of this Agreement. Each
- party agrees
- to take all reasonable steps to ensure that Confidential Information
- is not
- disclosed or distributed by its employees or agents in violation of
- the
- provisions of this Agreement.
-
- V. DISCLAIMER OF WARRANTY:
-
- Product is deemed accepted by Recipient. The PRODUCT is provided AS IS
- WITHOUT
- WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
- LAW,
- KYLE POOLE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT
- LIMITATION ANY
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, AND
- NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
- OF THE
- PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM
- EXTENT PERMITTED
- BY APPLICABLE LAW, IN NO EVENT SHALL KYLE POOLE OR ITS SUPPLIERS BE
- LIABLE FOR
- ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
- OTHER
- DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- BUSINESS
- PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
- PECUNIARY
- LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE
- THE
- PRODUCT, EVEN IF KYLE POOLE HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES.
- BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF
- LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
- LIMITATION MAY NOT
- APPLY TO RECIPIENT.
-
- VI. TERMINATION:
-
- This license shall terminate automatically if Licensee fails to comply
- with the
- limitations described in this license. No notice shall be required to
- effectuate
- such termination. On termination Licensee must destroy all copies of
- the Software
- and Documentation.
-
- VII. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS:
-
- The Software is provided with RESTRICTED RIGHTS. Use duplication or
- disclosure
- by the Government is subject to restrictions as set forth in
- subparagraph
- (c)(1)(ii) of The Rights in Technical Data and Computer Software
- clause of
- DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial
- Computer
- Software-Restricted Rights at 48 CFR 52.227-19 as applicable.
- Manufacturer is
- Kyle Poole, 90 James St, New Hamburg, ON Canada, N0B 2G0. Licensee
- acknowledges
- that none of the Software or underlying information or technology may
- be download
- or otherwise exported or re-exported (i) into (or to a national or
- resident of)
- Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any
- other country
- to which the U.S. has embargoed goods; or anyone on the U.S. Treasury
- Department's
- list of Specially Designated Nationals or the U.S. Commerce
- Department's Table of
- Denial Orders. By using the Software Licensee is agreeing to the
- foregoing and is
- representing and warranting that it is not located in under the
- control of a
- national or resident or resident of any such country or on any such
- list.
-
- VIII. GOVERNING LAW:
-
- The rights and obligations of the party's under this Agreement shall
- not be governed
- by the U N Convention on Contracts for the International Sales of
- Goods; rather such
- rights and obligations shall be governed and construed under the laws
- of the
- Province of Ontario, without reference to conflict of laws principles.
-
- IX. ENTIRE AGREEMENT:
-
- This agreement constitutes the complete and exclusive agreement
- between Kyle Poole
- and Licensee with respect to the subject matter hereof and supersedes
- all prior oral
- or written understandings, communications or agreements not
- specifically incorporated
- herein. This agreement may not be modified except in writing duly
- signed by an
- authorized representative of Kyle Poole and Licensee.
-