home *** CD-ROM | disk | FTP | other *** search
-
- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is a legal
- agreement between you, the end-user, and Crack dot Com. ("Crack"). 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.
-
- CRACK SOFTWARE LICENSE
-
- 1. Grant of License. Crack grants to you the right to use the
- Crack dot Com game program (the "Software"), which is the shareware
- version 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 may not: modify, translate, disassemble,
- decompile, reverse engineer, or create derivative works based upon the
- Software. You agree that the Software will not be shipped, transferred
- or exported into any country in violation of the U.S. Export
- Administration Act and that you will not utilize, in any other manner,
- the Software in violation of any applicable law.
-
- 2. Copyright. The Software is owned by Crack and is protected
- by United States copyright laws and international treaty provisions.
- You must treat the Software like any other copyrighted material. You
- agree to use your best efforts to see that any user of the Software
- licensed hereunder complies with this Agreement.
-
- 3. Limited Warranty. Crack 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. Crack's entire liability and your exclusive remedy
- shall be, at Crack's option, either (a) return of the retail price paid,
- if any, or (b) repair or replacement of the Software that does not meet
- Crack'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 Crack. 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 Crack. Crack's product pricing
- reflects this allocation of risk and the limitations of liability
- contained in this warranty.
-
- 4. NO OTHER WARRANTIES. CRACK 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. CRACK 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 CRACK ARE
- NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL
- WARRANTIES ON BEHALF OF CRACK. ADDITIONAL STATEMENTS SUCH AS DEALER
- ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE
- WARRANTIES BY CRACK AND SHOULD NOT BE RELIED UPON.
-
- 5. Exclusive Remedies. You agree that your exclusive remedy
- against Crack, 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 Texas. Copyright and other proprietary matters
- will be governed by United States laws and international treaties. IN
- ANY CASE, Crack 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 CRACK 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.
-
- 6. 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 CRACK 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 CRACK AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
-
-
-