BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" END-USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE; OTHERWISE, THIS LICENSE IS VALID FOR THE DEMONSTRATION, THE VIEWER, AND THE FULL VERSIONS OF THE SOFTWARE - WE REQUEST THAT YOU READ AND UNDERSTAND THIS AGREEMENT BEFORE YOU PLACE YOUR ORDER FOR THE FULL VERSION OF THE SOFTWARE.
X-Sums 98 - Copyright (c) 1998 by Thomas B. Westbom. All Rights Reserved.
For ordering information, see the "Help" menu's "How to Order..." selection.
X-Sums 98 SOFTWARE and PUZZLE END USER LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
This Agreement sets forth the terms and conditions of your use of the accompanying X-Sums 98 software (the "Software") and for the puzzles ("Puzzles") that the Software generates or are distributed with the Software.
This Agreement has 3 parts. Part I applies to the Demonstration and Viewer versions of the Software, which cannot generate puzzles. Part II applies if you have purchased a license to the Software and to the use of the Puzzles the Software generates. Part III applies to all license grants. If you initially acquired a copy of the Software free of charge and you wish to purchase a license, contact Thomas B. Westbom via email at "TWestbom@MediaOne.net". For purposes of this Agreement, "Licensor" shall be defined as Thomas B. Westbom.
PART I - TERMS APPLICABLE TO THE DEMONSTRATION AND VIEWER VERSIONS OF THE SOFTWARE.
LICENSE GRANT. Licensor grants you a non-exclusive license to use the demonstration and viewer versions of the Software free of charge.
Provided that you verify that you are distributing either the demonstration or viewer version of the Software (Select "About X-Sums 98" from the X-Sums 98 "Help" menu to check.), permission is granted to make copies of the Software and Documentation for the limited purpose of evaluating the software for possible purchase, provided that no changes or deletions are made to any copyright notices, trademark notices, or other proprietary language or statements. No permission is granted to include or incorporate the software or documentation in any work or to create derivative works based thereon.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
DISCLAIMER OF WARRANTY. NO WARRANTIES. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Thomas B. Westbom DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
LICENSE GRANT. Subject to payment of applicable license fees, Licensor grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."
LIMITED WARRANTY. Licensor warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Licensor does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. Licensor also warrants that the media containing the Software, if provided by Licensor, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Licensor's sole liability for any breach of this warranty shall be, in Licensor's sole discretion: (i) to replace your defective media or Software; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of delivery to you of the repaired or replaced Software, or (b) Licensor advised you how to operate the Software so as to achieve substantially the same functionality described in the Documentation.
Only if you inform Licensor of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. Moreover, this warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
You may:
* use the Software on any single computer;
* use the Software on a second computer so long as only one (1) copy is used at a time;
* make a single copy the Software for archival purposes, provided the copy contains all of the original Software's proprietary notices;
* generate, save, and print Puzzles for your own personal use.
You may not:
* permit other individuals to use the Software except under the terms listed above;
* permit other individuals to use the Puzzles generated by the Software except under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* rent, lease, grant a security interest in, or otherwise transfer rights to the Puzzles generated by the Software;
* publish the Puzzles without the express, written consent of Thomas B. Westbom.
* remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Thomas B. Westbom. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.
TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
