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LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT |
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PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR |
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COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE |
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MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO |
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NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE PRODUCT IN ITS PACKAGING TO THE |
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PLACE WHERE YOU OBTAINED IT. |
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This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"), |
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including the Limited Warranty and other special provisions, is a legal |
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agreement between You (either an individual or an entity) and Loki Software, |
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Inc. and its licensors, (collectively, the "Owner") regarding this software |
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product and the materials contained therein and related thereto. Your act of |
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installing and/or otherwise using the software constitutes Your agreement to be |
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bound by the terms of this Agreement. If You do not agree to the terms of this |
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Agreement, promptly return the software packaging and the accompanying |
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materials (including any hardware, manuals, other written materials and |
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packaging) to the place You obtained them, along with your receipt, for a full |
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refund. |
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Grant of Limited Non-Exclusive License. This Agreement permits You to use one |
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(1) copy of the software program(s) (the "SOFTWARE") included in this package |
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for your personal use on a single home or portable computer. The SOFTWARE is in |
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"use" on a computer when it is loaded into temporary memory (i.e., RAM) or |
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installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage |
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device) of that computer. Installation on a network server is strictly |
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prohibited, except under a special and separate network license obtained from |
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Owner; this Agreement shall not serve as such necessary special network |
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license. Installation on a network server constitutes "use" that must comply |
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with the terms of this Agreement. This license is not a sale of the original |
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SOFTWARE or any copy thereof. |
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Intellectual Property Ownership. Owner retains all right, title and interest to |
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this SOFTWARE and the accompanying manual(s), packaging and other written |
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materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not |
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limited to, all copyrights, trademarks, trade secrets, trade names, proprietary |
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rights, patents, titles, computer codes, audiovisual effects, themes, |
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characters, character names, stories, dialog, settings, artwork, sounds |
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effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING |
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MATERIALS are protected by United States copyright law and applicable copyright |
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laws and treaties throughout the World. All rights are reserved. The SOFTWARE |
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and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or |
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medium, in whole or in part, without prior written consent from Owner. Any |
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persons copying or reproducing all or any portion of the SOFTWARE or |
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ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating |
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the copyright laws and may be subject to civil or criminal penalties. |
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SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent |
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memory of a computer, You may keep and use the original disk(s) and/or CD-ROM |
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(the "Storage Media") only for backup or archival purposes. |
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Restrictions. Other than as provided specifically in this Agreement, You are |
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not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING |
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MATERIALS; modify or prepare derivative copies based on the SOFTWARE or |
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ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING |
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MATERIALS by sale or other transfer of ownership; rent, lease, or lend the |
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SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING |
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MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE |
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or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or |
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through any other media or to any other party. You are expressly prohibited |
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from using or selling any unauthorized level packs, add-on packs or sequels |
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based upon or related to the SOFTWARE or ACCOMPANYING MATERIALS. You are |
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expressly prohibited from selling or using any characters or other components |
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of the game for any purpose. You are expressly prohibited from selling or |
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otherwise profiting from any levels, add-on packs, sequels or other items |
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created by utilization of the SOFTWARE's level editor. YOU ARE NOT PERMITTED TO |
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REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying |
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of the SOFTWARE or ACCOMPANYING MATERIALS not specifically allowed in this |
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Agreement is a violation of this Agreement. |
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Limited Warranty and Warranty Disclaimers. |
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LIMITED WARRANTY. Loki Software, Inc. ("Loki") warrants to the original |
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purchaser of the computer software product, for a period of ninety (90) days |
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from the date of original purchase, that under normal use, the media and the |
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user documentation are free from defects in materials and workmanship. |
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WARRANTY CLAIMS. To make a warranty claim under this limited warranty, return |
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the product to us at the address below within 90 days of purchase. Include a |
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copy of the dated purchase receipt, your name, your return address, and a |
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statement of the defect. Loki will replace the product and return it to you |
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(postage prepaid) or issue you with a credit equal to the purchase price. If |
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the product was damaged through misuse or accident, you will need to follow the |
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returns after warranty policy detailed below. |
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RETURNS AFTER WARRANTY. To replace defective media after the 90-day warranty |
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period has expired, send the original disc(s) to the address below. Enclose a |
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statement of the defect, your name, your return address, and a check or money |
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order for $10.00 to: |
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Loki Software, Inc. |
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Customer Warranty |
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250 El Camino Real, Suite 100 |
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Tustin, CA 92780 |
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NOTE: We suggest you send your package in a manner that is traceable. |
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CUSTOMER'S REMEDY. The LIMITED WARRANTY is Your exclusive remedy, and the |
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entire liability of Owner. By opening the sealed software packaging, installing |
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and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree |
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to waive any and all other remedies you may have at law or in equity. Any such |
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remedies you may not waive as a matter of public policy, you hereby assign, or |
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shall assign as they become available, over to Owner. |
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WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, |
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OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE |
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PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE |
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IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT |
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ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, |
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WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR |
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ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. |
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OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR |
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ACCOMPANYING MATERIALS' CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE |
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WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. |
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NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, |
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DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES |
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SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. |
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YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. |
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SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO |
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THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU |
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SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM |
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STATE TO STATE. |
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LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and |
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regardless of whether any remedy set forth herein fails of its essential |
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purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR |
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AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR |
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DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY |
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DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; |
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INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, |
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LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, |
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LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF |
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RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, |
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ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS |
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LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR |
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ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN |
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IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE |
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OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, |
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AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR |
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR |
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EXCLUSION MAY NOT APPLY TO YOU. |
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Product Support and Updates. This SOFTWARE is intended to be user-friendly and |
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limited product support is provided by Owner as specified in the ACCOMPANYING |
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MATERIALS. |
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Jurisdiction. CALIFORNIA LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S |
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CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF ORANGE COUNTY, CALIFORNIA. |
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This Agreement may be modified only by a written instrument specifying the |
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modification and executed by both parties. In the event that any provision of |
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this Agreement shall be held to be unenforceable, such provision shall be |
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enforced to the greatest possible extent, with the other provisions of this |
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Agreement to remain in full force and effect. |
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Entire Agreement. This Agreement represents the entire agreement between the |
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parties, and supersedes any oral or written communications, proposals or prior |
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agreements between the parties or any dealers, distributors, agents or |
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employees. |
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U.S. Government Restricted Rights. The SOFTWARE and the ACCOMPANYING MATERIALS |
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is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. §52.227-7013). This |
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provision only applies if the U.S. Government or any of its entities obtains |
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this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and |
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the ACCOMPANYING MATERIALS exclusively with private funds. Additionally, |
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information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a |
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trade secret of Owner for all purposes of the Freedom of Information Act or |
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otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject |
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to limited use as set forth in any contract that may be entered into between |
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the seller and the governmental entity. Owner owns, in all respects, the |
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proprietary information and proprietary data found in the SOFTWARE and the |
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ACCOMPANYING MATERIALS. |
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U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the |
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ACCOMPANYING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013 |
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(also found at 48 C.F.R. §252.227-7013). Any U.S. Government use, duplication, |
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or disclosure is subject to the restrictions including, but not limited to |
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those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48 |
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C.F.R. §252.227-7013) that may be amended from time to time. |
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NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice |
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through this Agreement that any use of this SOFTWARE and the ACCOMPANYING |
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MATERIALS is subject to similar limitations as those stated above, including |
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but not limited to, those stated in Commercial Computer SOFTWARE - Restricted |
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Rights found in 48 C.F.R. §52.227-19, that may also be amended from time to |
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time. Manufacturer is Owner at the location listed below. |
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U.S. Export Laws Prohibitions. By opening the sealed software packaging and/or |
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installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also |
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agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the |
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SOFTWARE's direct products are not being and will not be transported, exported |
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or re-exported (directly or indirectly through the Internet or otherwise) into |
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(or to a national or resident of) any country forbidden to receive such |
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SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying |
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regulations or otherwise violate such laws or regulations, that may be amended |
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from time to time. You also agree and confirm that the SOFTWARE and |
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ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted |
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by the same laws and regulations. |
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Termination. This Agreement is valid until terminated. This Agreement ceases |
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automatically (without any form of notice) if You do not comply with any |
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Agreement provision. You can also end this Agreement by destroying the SOFTWARE |
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and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and |
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ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from |
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any client server or computer on which it has been installed. |
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Program Transfer. You may permanently transfer all of your rights under this |
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Agreement, provided that the recipient agrees to all of the terms of this |
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Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related |
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documents and components and remove the SOFTWARE from Your computer prior. |
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Transferring the SOFTWARE automatically terminates Your license under this |
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Agreement. |
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Equitable Remedies. You hereby agree that if the terms of this Agreement are |
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not specifically enforced, Owner will be irreparably damaged, and therefore you |
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agree that Owner shall be entitled, without bond, other security, proof of |
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damages, to appropriate equitable remedies with respect any of this Agreement, |
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in addition to any other available remedies. If You have any questions |
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regarding this Agreement, the enclosed materials, or otherwise, please contact |
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in writing: |
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Loki Software |
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250 El Camino Real #100 |
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Tustin, CA 92780 |
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Attn: Customer Service |
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