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- SHAREWARE VERSION: ALIEN RAMPAGE
- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is
- a legal agreement between you, the end-user, and Softdisk, Inc.
- (Softdisk). By continuing the installation of this game program,
- by loading or running the game, or by placing or copying the game
- program onto your computer hard drive, you are agreeing to be
- bound by the terms of this Agreement.
-
- SOFTDISK SOFTWARE LICENSE
-
- 1. Grant of License. Softdisk grants to you the limited
- right to use one (1) copy of the enclosed or foregoing Softdisk
- game program (the "Software"), which is the shareware version or
- episode one of the game program. For purposes of this section,
- "use" means loading the Software into RAM, as well as installation
- on a hard disk or other storage device. You agree that the Software
- will not be shipped, transferred or exported into any country in
- violation of the U.S. Export Administration Act (or any other law
- governing such matters) and that you will not utilize, in any other
- manner, the Software in violation of any applicable law.
-
- 2. Commercial Use is Prohibited. Under no circumstances shall
- you, the end-user, be permitted, allowed or authorized to
- commercially exploit the Software, or any portion thereof, such
- as a screen display or a screenshot. Neither you nor anyone at your
- direction shall do any of the following acts:
-
- a. Rent the Software;
-
- b. Sell the Software;
-
- c. Lease or lend the Software;
-
- d. Offer the Software on a pay-per-play basis;
-
- e. Distribute the Software for money or any other
- consideration; or
-
- f. In any other manner and through any medium
- whatsoever commercially exploit the Software or use
- the Software for any commercial purpose.
-
- 3. Additional Prohibited Uses. Neither you, nor anyone at your
- direction, shall take the following action in regard to the
- Software, or any portion thereof, such as a screen display or
- a screenshot:
-
- a. Modify, disassemble, reverse engineer or decompile
- the Software;
-
- b. Translate the Software;
-
- c. Reproduce the Software;
-
- d. Publicly display the Software; or
-
- e. Prepare derivative works based upon the Software.
-
- 4. Use of Other Material is Prohibited. Use, in any manner, of
- the trademarks, logos, symbols, art work, images, screen displays or
- screenshots, sound effects, and other such material contained within,
- generated by, or relating to the Software is prohibited.
-
- 5. Restrictions Apply to Third Parties. The prohibitions and
- restrictions described herein apply to anyone in possession of
- the Software.
-
- 6. Permitted Distribution. So long as this Agreement
- accompanies the Software at all times, Softdisk grants to Providers
- the limited right to distribute, free of charge, except normal access
- fees, and by electronic means only, the Software; provided, however,
- the Software must be so electronically distributed only in a
- compressed format. The term "Providers," as used in the foregoing
- sentence, shall mean persons whose business it is to provide
- services on the Internet, on commercial online networks, or on the
- BBS. Anyone who receives the Software from a Provider shall be
- limited to all the terms and conditions of this Agreement. Further,
- Softdisk grants to you, the end-user, the limited right to
- distribute, free of charge only, the Software as a whole.
-
- 7. Copyright. The Software is owned by Softdisk and is
- protected by United States copyright laws and international treaty
- provisions. You must treat the Software like any other copyrighted
- material, except that you may make copies of the Software to give to
- other persons. You may not charge or receive any consideration from
- any other person for the receipt or use of the Software. You agree
- to use your best efforts to see that any user of the Software
- licensed hereunder complies with this Agreement.
-
- 8. Limited Warranty. Softdisk warrants that if properly
- installed and operated on a computer for which it is designed, the
- Software will perform substantially in accordance with its designed
- purpose for a period of ninety (90) days from the date the Software
- is first obtained by an end-user. Softdisk's entire liability and
- your exclusive remedy shall be, at Softdisk's option, either (a)
- return of the retail price paid, if any, or (b) repair or
- replacement of the Software that does not meet Softdisk's Limited
- Warranty. To make a warranty claim, return the Software to the point
- of purchase, accompanied by proof of purchase, your name, your
- address, and a statement of defect, or return the Software with the
- above information to Softdisk. This Limited Warranty is void if
- failure of the Software has resulted in whole or in part from
- accident, abuse, misapplication or violation of this Agreement. Any
- replacement Software will be warranted for the remainder of the
- original warranty period or thirty (30) days, whichever is longer.
- This warranty allocates risks of product failure between Licensee
- and Softdisk. Softdisk's product pricing reflects this allocation of
- risk and the limitations of liability contained in this warranty.
-
- 9. NO OTHER WARRANTIES. SOFTDISK DISCLAIMS ALL OTHER WARRANTIES,
- EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS,
- IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
- MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- SOFTDISK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
- UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.
- THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS
- WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
- DISTRIBUTORS, AND DEALERS OF SOFTDISK ARE NOT AUTHORIZED TO MAKE
- MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
- OF SOFTDISK. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
- PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES
- BY SOFTDISK AND SHOULD NOT BE RELIED UPON.
-
- 10. Exclusive Remedies. You agree that your exclusive remedy
- against Softdisk, its affiliates, contractors, suppliers, and agents
- for loss or damage caused by any defect or failure in the Software
- regardless of the form of action, whether in contract,tort,
- including negligence, strict liability or otherwise, shall be the
- return of the retail purchase price paid, if any, or replacement of
- the Software. This Agreement shall be construed in accordance with
- and governed by the laws of the State of Louisiana. Copyright and
- other proprietary matters will be governed by United States laws and
- international treaties. IN ANY CASE, SOFTDISK SHALL NOT BE LIABLE
- FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH
- OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
- EVEN IF SOFTDISK OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions
- do not allow the exclusion or limitation of incidental or
- consequential damages, so the above limitation or exclusion may not
- apply to you.
-
- 11. General Provisions. Neither this Agreement nor any part or
- portion hereof shall be assigned or sublicensed, except as described
- herein. Should any provision of this Agreement be held to be void,
- invalid, unenforceable or illegal by a court, the validity and
- enforceability of the other provisions shall not be affected thereby.
- If any provision is determined to be unenforceable, you agree to a
- modification of such provision to provide for enforcement of the
- provision's intent, to the extent permitted by applicable law.
- Failure of a party to enforce any provision of this Agreement shall
- not constitute or be construed as a waiver of such provision or of
- the right to enforce such provision. If you fail to comply with any
- terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
- THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
- OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
- OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO
- BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER
- AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN SOFTDISK
- AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
- RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES
- ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY
- OTHER COMMUNICATIONS BETWEEN SOFTDISK AND YOU RELATING TO THE SUBJECT
- MATTER OF THIS AGREEMENT.
-
- September 19, 1996
-
- SHAREWARE VERSION: ALIEN RAMPAGE LIMITED USE SOFTWARE LICENSE AGREEMENT
-
-