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Revision 1.2 - (show annotations) (download)
Sat Nov 5 02:30:01 2011 UTC (2 years, 10 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +8 -8 lines
Fix various licenses, encoding should be UTF-8, bug 389395.

1 Software License Agreement
2
3 1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
4 INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL
5 AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE
6 HAND, AND RWS, INC. AND ITS SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY
7 REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT
8 ENTITLED "POSTAL 2," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED
9 MEDIA AND/OR PRINTED MATERIALS (TOGETHER CALLED "PROGRAM"). BY OPENING
10 THE PACKAGING MATERIALS FOR THE PROGRAM, OR INSTALLING, COPYING, OR
11 OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
12 SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU
13 DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT
14 INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION.
15 2. Company grants you a non-exclusive, non-transferable license to
16 use the Program, but retains all property rights in the Program and all
17 copies thereof. You may install the Program on a single computer for
18 use by a single, particular user. All rights not specifically granted
19 under this Agreement are reserved by Company and, as applicable,
20 Company's licensors. This Program is licensed, not sold, for your use.
21 Your license confers no title or ownership in this Program and should
22 not be construed as a sale of any rights in this Program.
23 3. You acknowledge that the Program in source code form remains a
24 confidential trade secret of Company. You agree not to modify or attempt
25 to reverse engineer, decompile, or disassemble the Program, except and
26 only to the extent that such activity is expressly permitted by
27 applicable law notwithstanding this limitation.
28 4. OWNERSHIP. All right, title and interest and intellectual
29 property rights in and to the Program (including but not limited to any
30 titles, computer code, themes, objects, characters, character names,
31 stories, dialog, catch phrases, locations, concepts, artwork, images,
32 photographs, animations, video, sounds, audio-visual effects, music,
33 musical compositions, text and "applets," incorporated into the
34 Program), the accompanying printed materials, and any copies of the
35 Program, are owned by Company or its licensors. This Agreement grants
36 you no rights to use such content other than as part of the Program. All
37 rights not expressly granted under this Agreement are reserved by
38 Company.
39 5. This Agreement is effective upon your opening of the packaging
40 materials, installation, or your first use of the Program and shall
41 continue until revoked by Company or until you breach any term hereof;
42 upon termination you agree to destroy or delete all copies of the
43 Program in your possession.
44 6. Except as specifically set forth herein, you shall not modify
45 the Program or merge the Program into another computer program (except
46 to the extent the Program is made to operate within a computer operating
47 system and in connection with other computer programs) or create
48 derivative works based upon the Program. Subject to the terms and
49 conditions of this Agreement and so long as you fully comply at all
50 times with all the terms and conditions of this Agreement, Company
51 grants you a limited, revocable, non-exclusive and limited right to
52 create for the Program (but specifically excluding the right to use any
53 software code from the Program) your own modifications and levels
54 ("Derivative Materials") which shall operate solely with the Program and
55 not any other version of the Program, including, demos or updated
56 versions. You represent and warrant that the Derivative Materials shall
57 (i) not infringe on the rights of any third parties; (ii) not be
58 libelous, defamatory, obscene, false, misleading, or otherwise illegal
59 or unlawful; (iii) not be downloaded, shipped, transferred, exported or
60 re-exported in violation of any laws governing such matters, including
61 the U.S. Export Administration Act; (iv) not be rented, sold, leased,
62 licensed, sublicensed, or otherwise commercially exploited. You shall
63 fully indemnify the Company and its distributors, licensors, licensees
64 and their respective officers, directors, in connection with any and
65 all claims arising from or based on the Derivative Materials. You
66 acknowledge that you are only granted a license to create the Derivative
67 Materials and that you shall not own the Derivative Materials. Any
68 breach of this Agreement by you shall result in the automatic
69 termination of such license, without notice or any further action, and
70 you shall not have any right to use the Program or any Derivative
71 Materials.
72 7. Do not run, use, or install the Program if you reside in a
73 country to which the use or installation of the Program would violate
74 U.S. export laws or regulations, and do not distribute the Program in
75 violation of such laws or regulations. The Program may not be
76 transferred or otherwise exported or re-exported into (or to a national
77 or resident of) any country to which the U.S. has embargoed goods or to
78 anyone on the U.S. Treasury Department list of Specially Designated
79 Nationals or the U.S. Commerce Department's Table of Deny Orders. If you
80 do not meet these criteria or are not sure, do not run or install the
81 software and destroy any copies in your possession. If you live in such
82 a country, no license is granted hereunder.
83 8. To the maximum extent allowed by law, Company, its licensors and
84 subcontractors do not warrant any connection to, transmission over, or
85 results or use of, any network connection or facilities provided (or
86 failed to be provided) through the Program. You are responsible for
87 assessing your own computer needs and, if applicable, transmission
88 network needs, and the results to be obtained therefrom. YOU EXPRESSLY
89 AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS
90 PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE
91 LEGALLY INCAPABLE OF EXCLUSION. EXCEPT WITH RESPECT TO THE LIMITED
92 CD-ROM WARRANTY AS SET FORTH IN SECTION 9 BELOW, COMPANY AND ITS
93 LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR
94 WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
95 WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
96 PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM
97 A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY
98 AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY
99 YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER
100 MATERIALS FROM DELAYS, NON-DELIVERIES, ERRORS, CAUSED BY COMPANY, ITS
101 LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OWN ERRORS AND/OR
102 OMISSIONS. Company and its Licensors make no warranty with respect to
103 any related software or hardware used or provided by Company in
104 connection with the Program except as expressly set forth above.
105 9. LIMITED CD-ROM WARRANTY. Notwithstanding anything to the
106 contrary contained herein, and solely with respect to Programs
107 distributed on CD-ROM, Company warrants to the original consumer
108 purchaser of this Program on CD-ROM that the recording medium on which
109 the Program is recorded will be free from defects in material and
110 workmanship for 90 days from the date of purchase. If the recording
111 medium is found defective within 90 days of original purchase, you may
112 return the Program and all accompanying materials along with your
113 original receipt to the place you obtained it for a full refund or
114 replacement, subject to such retailers return policy. This warranty is
115 limited to the recording medium containing the Program as originally
116 provided by Company and is not applicable to normal wear and tear. This
117 warranty shall not be applicable and shall be void if the defect has
118 arisen through abuse, mistreatment, or neglect. Any implied warranties
119 prescribed by statute are expressly limited to the 90-day period
120 described above.
121 10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY
122 AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION
123 BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER
124 LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE
125 PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT,
126 INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
127 RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING
128 DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION
129 AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN
130 IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY
131 PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS' ENTIRE LIABILITY TO YOU
132 AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED
133 SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE
134 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
135 CERTAIN DAMAGES, IN SUCH STATES COMPANY'S AND ITS LICENSORS' LIABILITY
136 IS LIMITED TO THE EXTENT PERMITTED BY LAW.
137 11. INJUNCTION. Because Company would be irreparably damaged if the
138 terms of this License Agreement were not specifically enforced, you
139 agree that Company shall be entitled, without bond, other security or
140 proof of damages, to appropriate equitable remedies with respect to
141 breaches of this Agreement, in addition to such other remedies as
142 Company may otherwise have under applicable laws.
143 12. INDEMNITY. At Company's request, you agree to defend, indemnify
144 and hold harmless Company, its affiliates, contractors, officers,
145 directors, employees, agents, licensors, licensees, distributors,
146 content providers, and other users of the Program, from all damages,
147 losses, liabilities, claims and expenses, including attorneys' fees,
148 arising directly or indirectly from your acts and omissions to act in
149 using the Program pursuant to the terms of this License Agreement or any
150 breach of this License Agreement by you. Company reserves the right, at
151 its own expense, to assume the exclusive defense and control of any
152 matter otherwise subject to indemnification by you hereunder, and in
153 such event, you shall have no further obligation to provide
154 indemnification for such matter.
155 13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation
156 have been developed entirely at private expense and are provided as
157 "Commercial Computer Software" or "restricted computer software." Use,
158 duplication or disclosure by the U.S. Government or a U.S. Government
159 subcontractor is subject to the restrictions set forth in subparagraph
160 (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses
161 in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of
162 the Commercial Computer Software Restricted Rights clauses at FAR
163 52.227-19, as applicable. The Contractor / Manufacturer is RWS, Inc. PO
164 64309, Tucson, AZ 85728.
165 14. TERMINATION. Without prejudice to any other rights of Company,
166 this License Agreement and your right to use the Program may
167 automatically terminate without notice from Company if you fail to
168 comply with any provision of this Agreement, or any terms and conditions
169 associated with the Program. In such event, you must destroy all copies
170 of this Program and all of its component parts.
171 15. GENERAL PROVISIONS. You may not use, copy, modify, sublicense,
172 rent, sell, assign or transfer the rights or obligations granted to you
173 in this Agreement, except as expressly provided in this Agreement. Any
174 assignment in violation of this Agreement is void, except that you may
175 transfer your Program to another person provided that person accepts the
176 terms of this License Agreement. If any provision of this Agreement is
177 held to be unenforceable for any reason, such provision shall be
178 reformed only to the extent necessary to make it enforceable, and such
179 decision shall not affect the enforceability of: (i) such provision
180 under other circumstances, or (ii) the remaining provisions hereof under
181 all circumstances. Company's failure to enforce at any time any of the
182 provisions of this Agreement shall in no way be construed to be a
183 present or future waiver of such provisions, nor in any way affect the
184 right of any party to enforce each and every such provision thereafter.
185 The express waiver by Company of any provision, condition or requirement
186 of this Agreement shall not constitute a waiver of any future obligation
187 to comply with such provision, condition or requirement. Notwithstanding
188 anything else in this Agreement, no default, delay or failure to perform
189 on the part of Company shall be considered a breach of this Agreement if
190 such default, delay or failure to perform is shown to be due to causes
191 beyond the reasonable control of Company. This Agreement shall be
192 governed by the laws of the State of Arizona and the United States
193 without regard to its conflicts of laws rules and you consent to the
194 exclusive jurisdiction of the state and federal courts in Pima County,
195 Arizona. The United Nations Convention on Contracts for the
196 International Sale of Goods shall not apply to this Agreement. This
197 Agreement represents the complete agreement concerning this License
198 Agreement between you and Company.
199
200 If you have any questions concerning this license, you may contact RWS
201 at PO Box 64309, Tucson, AZ 85728
202
203 Postal(TM) 2 © 2002 RWS, Inc. Developed by RWS, Inc. Published by
204 Medium Rare, LLC. Unreal(TM) Engine © 1997-2002 Epic Games, Inc. All
205 Rights Reserved. MathEngine Karma © 2002 MathEngine PLC. Postal,
206 Postal 2, the Postal 2 logo, Running With Scissors, and the Running With
207 Scissors logo are trademarks or registered trademarks of RWS, Inc. Epic
208 Games and Unreal are registered trademarks or trademarks of Epic Games,
209 Inc, used under license. MathEngine and Karma and the MathEngine and
210 Karma logos are registered trademarks or trademarks of MathEngine PLC,
211 used under license. All rights reserved.

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