Total Destruction/Total_Destruction.iso/addons/zipz/BSP92A32.ZIP/_SETUP.LIB/license.txt

Text File | 1998-02-01 | 5.8 KB | 131 lines

     Software License Agreement

        This Software License Agreement
(the "Agreement") is a legal agreement between
you, the end-user, and me, Yahn W. Bernier, the
creator of the game editor "BSP".  By continuing
the installation of this program, the shareware
version of the editor "BSP", or by placing
or copying the program onto your hard drive,
you are agreeing to be bound
by the terms of this Agreement.

If you do not agree to the terms of this Agreement,
promptly cancel the installation process.

SOFTWARE LICENSE

1.  Grant of License.  I grant to you the limited
right to use one (1) copy of the enclosed or
foregoing program (the "Software") on a single
computer.  You have no ownership or proprietary
rights in or to the Software or the written materials
accompanying the Software.  For purposes of this
section, "use" means loading the Software into RAM,
as well as installation on a hard disk or other
storage device. The Software, together with any
archive copy thereof, shall be either returned to
me or destroyed when no longer used in accordance
with this Agreement, or when the right to use the
Software is terminated.  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.  Copyright.  The Software and all copyrights
related thereto are owned by me and are protected by
United States copyright laws and international treaty
provisions.  You must treat the Software like any
other copyrighted material, except that you may either
(a) make one copy of the Software solely for back-up
or archival purposes, or (b) transfer the Software to a
single hard disk provided you keep the original solely
for back-up or archival purposes.  You may not otherwise
reproduce, copy or disclose to others, in whole or in
any part, the Software.  You agree to use your best efforts
to see that any user of the Software licensed
hereunder complies with this Agreement.

3.  Warranty.  I make no warranties, express or implied,
that this Software will be suitable for any use or will
be free of defects.  My entire liability and your exclusive
remedy shall be, at my option, either (a) return of the
price paid or (b) repair or replacement of the Software
that does not meet the terms of this Warranty.

4.  NO WARRANTIES.  I DISCLAIM ALL OTHER WARRANTIES,
BOTH EXPRESS AND 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.  THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. I DO 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.  ADDITIONAL STATEMENTS SUCH
AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL
OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ME AND
SHOULD NOT BE RELIED UPON.

5. Exclusive Remedies.  You agree that your exclusive
remedy against me 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 purchase price paid or replacement
of the Software.  This Agreement shall be construed
in accordance with and governed by the laws of the
State of Georgia. Copyright and other proprietary
matters will be governed by United States laws and
international treaties.  IN ANY CASE, I 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 I HAVE 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, sublicensed
or otherwise transferred by you.  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,
THAT 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 ME 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
ME AND YOU RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.

February 1, 1998

BSP SHAREWARE VERSION SOFTWARE LICENSE AGREEMENT