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Revision 1.2 - (hide annotations) (download)
Sat Nov 5 02:30:01 2011 UTC (8 years, 2 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 vapier 1.1 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 ulm 1.2 Program in your possession.
44 vapier 1.1 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 ulm 1.2 described above.
121 vapier 1.1 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 ulm 1.2 IS LIMITED TO THE EXTENT PERMITTED BY LAW.
137 vapier 1.1 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 ulm 1.2 indemnification for such matter.
155 vapier 1.1 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 ulm 1.2 Agreement between you and Company.
199 vapier 1.1
200     If you have any questions concerning this license, you may contact RWS
201     at PO Box 64309, Tucson, AZ 85728
202    
203 ulm 1.2 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 vapier 1.1 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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