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Revision 1.2 - (show annotations) (download)
Sat Nov 5 02:29:52 2011 UTC (2 years, 5 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +165 -165 lines
Fix various licenses, encoding should be UTF-8, bug 389395.

1 ================================================
2
3 LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
4
5 ================================================
6
7
8
9 PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR
10 COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE
11 MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
12 NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE PRODUCT IN ITS PACKAGING TO THE
13 PLACE WHERE YOU OBTAINED IT.
14
15
16
17 This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"),
18 including the Limited Warranty and other special provisions, is a legal
19 agreement between You (either an individual or an entity) and Loki Software,
20 Inc. and its licensors, (collectively, the "Owner") regarding this software
21 product and the materials contained therein and related thereto. Your act of
22 installing and/or otherwise using the software constitutes Your agreement to be
23 bound by the terms of this Agreement. If You do not agree to the terms of this
24 Agreement, promptly return the software packaging and the accompanying
25 materials (including any hardware, manuals, other written materials and
26 packaging) to the place You obtained them, along with your receipt, for a full
27 refund.
28
29 Grant of Limited Non-Exclusive License. This Agreement permits You to use one
30 (1) copy of the software program(s) (the "SOFTWARE") included in this package
31 for your personal use on a single home or portable computer. The SOFTWARE is in
32 "use" on a computer when it is loaded into temporary memory (i.e., RAM) or
33 installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage
34 device) of that computer. Installation on a network server is strictly
35 prohibited, except under a special and separate network license obtained from
36 Owner; this Agreement shall not serve as such necessary special network
37 license. Installation on a network server constitutes "use" that must comply
38 with the terms of this Agreement. This license is not a sale of the original
39 SOFTWARE or any copy thereof.
40
41 Intellectual Property Ownership. Owner retains all right, title and interest to
42 this SOFTWARE and the accompanying manual(s), packaging and other written
43 materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not
44 limited to, all copyrights, trademarks, trade secrets, trade names, proprietary
45 rights, patents, titles, computer codes, audiovisual effects, themes,
46 characters, character names, stories, dialog, settings, artwork, sounds
47 effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING
48 MATERIALS are protected by United States copyright law and applicable copyright
49 laws and treaties throughout the World. All rights are reserved. The SOFTWARE
50 and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or
51 medium, in whole or in part, without prior written consent from Owner. Any
52 persons copying or reproducing all or any portion of the SOFTWARE or
53 ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating
54 the copyright laws and may be subject to civil or criminal penalties.
55
56 SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent
57 memory of a computer, You may keep and use the original disk(s) and/or CD-ROM
58 (the "Storage Media") only for backup or archival purposes.
59
60 Restrictions. Other than as provided specifically in this Agreement, You are
61 not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING
62 MATERIALS; modify or prepare derivative copies based on the SOFTWARE or
63 ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING
64 MATERIALS by sale or other transfer of ownership; rent, lease, or lend the
65 SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING
66 MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE
67 or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or
68 through any other media or to any other party. You are expressly prohibited
69 from using or selling any unauthorized level packs, add-on packs or sequels
70 based upon or related to the SOFTWARE or ACCOMPANYING MATERIALS. You are
71 expressly prohibited from selling or using any characters or other components
72 of the game for any purpose. You are expressly prohibited from selling or
73 otherwise profiting from any levels, add-on packs, sequels or other items
74 created by utilization of the SOFTWARE's level editor. YOU ARE NOT PERMITTED TO
75 REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying
76 of the SOFTWARE or ACCOMPANYING MATERIALS not specifically allowed in this
77 Agreement is a violation of this Agreement.
78
79 Limited Warranty and Warranty Disclaimers.
80
81 LIMITED WARRANTY. Loki Software, Inc. ("Loki") warrants to the original
82 purchaser of the computer software product, for a period of ninety (90) days
83 from the date of original purchase, that under normal use, the media and the
84 user documentation are free from defects in materials and workmanship.
85
86 WARRANTY CLAIMS. To make a warranty claim under this limited warranty, return
87 the product to us at the address below within 90 days of purchase. Include a
88 copy of the dated purchase receipt, your name, your return address, and a
89 statement of the defect. Loki will replace the product and return it to you
90 (postage prepaid) or issue you with a credit equal to the purchase price. If
91 the product was damaged through misuse or accident, you will need to follow the
92 returns after warranty policy detailed below.
93
94 RETURNS AFTER WARRANTY. To replace defective media after the 90-day warranty
95 period has expired, send the original disc(s) to the address below. Enclose a
96 statement of the defect, your name, your return address, and a check or money
97 order for $10.00 to:
98
99 Loki Software, Inc.
100 Customer Warranty
101 250 El Camino Real, Suite 100
102 Tustin, CA 92780
103
104 NOTE: We suggest you send your package in a manner that is traceable.
105
106 CUSTOMER'S REMEDY. The LIMITED WARRANTY is Your exclusive remedy, and the
107 entire liability of Owner. By opening the sealed software packaging, installing
108 and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree
109 to waive any and all other remedies you may have at law or in equity. Any such
110 remedies you may not waive as a matter of public policy, you hereby assign, or
111 shall assign as they become available, over to Owner.
112
113 WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE,
114 OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
115 PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE
116 IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT
117 ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT,
118 WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR
119 ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY.
120 OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR
121 ACCOMPANYING MATERIALS' CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE
122 WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED.
123
124 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS,
125 DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES
126 SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY.
127 YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
128
129 SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
130 THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU
131 SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM
132 STATE TO STATE.
133
134 LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and
135 regardless of whether any remedy set forth herein fails of its essential
136 purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
137 AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR
138 DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY
139 DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT;
140 INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY,
141 LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
142 LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF
143 RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS,
144 ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS
145 LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR
146 ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN
147 IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE
148 OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
149 AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
150 LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
151 EXCLUSION MAY NOT APPLY TO YOU.
152
153 Product Support and Updates. This SOFTWARE is intended to be user-friendly and
154 limited product support is provided by Owner as specified in the ACCOMPANYING
155 MATERIALS.
156
157 Jurisdiction. CALIFORNIA LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S
158 CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF ORANGE COUNTY, CALIFORNIA.
159 This Agreement may be modified only by a written instrument specifying the
160 modification and executed by both parties. In the event that any provision of
161 this Agreement shall be held to be unenforceable, such provision shall be
162 enforced to the greatest possible extent, with the other provisions of this
163 Agreement to remain in full force and effect.
164
165 Entire Agreement. This Agreement represents the entire agreement between the
166 parties, and supersedes any oral or written communications, proposals or prior
167 agreements between the parties or any dealers, distributors, agents or
168 employees.
169
170 U.S. Government Restricted Rights. The SOFTWARE and the ACCOMPANYING MATERIALS
171 is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. §52.227-7013). This
172 provision only applies if the U.S. Government or any of its entities obtains
173 this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and
174 the ACCOMPANYING MATERIALS exclusively with private funds. Additionally,
175 information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a
176 trade secret of Owner for all purposes of the Freedom of Information Act or
177 otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject
178 to limited use as set forth in any contract that may be entered into between
179 the seller and the governmental entity. Owner owns, in all respects, the
180 proprietary information and proprietary data found in the SOFTWARE and the
181 ACCOMPANYING MATERIALS.
182
183 U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the
184 ACCOMPANYING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013
185 (also found at 48 C.F.R. §252.227-7013). Any U.S. Government use, duplication,
186 or disclosure is subject to the restrictions including, but not limited to
187 those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48
188 C.F.R. §252.227-7013) that may be amended from time to time.
189
190 NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice
191 through this Agreement that any use of this SOFTWARE and the ACCOMPANYING
192 MATERIALS is subject to similar limitations as those stated above, including
193 but not limited to, those stated in Commercial Computer SOFTWARE - Restricted
194 Rights found in 48 C.F.R. §52.227-19, that may also be amended from time to
195 time. Manufacturer is Owner at the location listed below.
196
197 U.S. Export Laws Prohibitions. By opening the sealed software packaging and/or
198 installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also
199 agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the
200 SOFTWARE's direct products are not being and will not be transported, exported
201 or re-exported (directly or indirectly through the Internet or otherwise) into
202 (or to a national or resident of) any country forbidden to receive such
203 SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying
204 regulations or otherwise violate such laws or regulations, that may be amended
205 from time to time. You also agree and confirm that the SOFTWARE and
206 ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted
207 by the same laws and regulations.
208
209 Termination. This Agreement is valid until terminated. This Agreement ceases
210 automatically (without any form of notice) if You do not comply with any
211 Agreement provision. You can also end this Agreement by destroying the SOFTWARE
212 and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and
213 ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from
214 any client server or computer on which it has been installed.
215
216 Program Transfer. You may permanently transfer all of your rights under this
217 Agreement, provided that the recipient agrees to all of the terms of this
218 Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related
219 documents and components and remove the SOFTWARE from Your computer prior.
220 Transferring the SOFTWARE automatically terminates Your license under this
221 Agreement.
222
223 Equitable Remedies. You hereby agree that if the terms of this Agreement are
224 not specifically enforced, Owner will be irreparably damaged, and therefore you
225 agree that Owner shall be entitled, without bond, other security, proof of
226 damages, to appropriate equitable remedies with respect any of this Agreement,
227 in addition to any other available remedies. If You have any questions
228 regarding this Agreement, the enclosed materials, or otherwise, please contact
229 in writing:
230
231 Loki Software
232 250 El Camino Real #100
233 Tustin, CA 92780
234 Attn: Customer Service

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