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141 lines
7.8 KiB
141 lines
7.8 KiB
End User License Agreement
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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
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BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE
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USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
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AGREEMENT.
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This software program (the "Program"), any printed materials, any
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on-line or electronic documentation (the "Manuals"), and any and all
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copies and derivative works of such software program are the
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copyrighted work of Linux Game Publishing LTD and its licensors. All
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rights reserved, except as expressly stated herein. All use of the
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Program is governed by the terms of this End User License Agreement
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("License Agreement"). The Program is solely for use by end users
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according to the terms of the Licence Agreement. Any use, reproduction
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or redistribution of the Program not in accordance with the terms of
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the Licence Agreement is expressly prohibited.
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1. Limited Use License. Linux Game Publishing ("LGP") hereby grants,
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and by installing the Program you thereby accept, a limited,
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non-exclusive license and right to install and use one (1) copy of the
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Program for your use on either a home, business, or portable
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computer. The Program is licensed not sold. Your license confers no
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title or ownership in the Program.
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2. Ownership. All title, ownership rights and intellectual property
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rights in and to the Program and any and all copies thereof (including
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but not limited to any titles, computer code, themes, objects,
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characters, character names, stories, dialog, catch phrases,
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locations, concepts, artwork, animations, sounds, musical
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compositions, audio-visual effects, methods of operation, moral
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rights, and any related documentation, and "applets" incorporated into
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the Program) are owned by LGP and its licensors. The Program is
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protected by the copyright laws of the United Kingdom, international
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copyright treaties and conventions and other laws. All rights are
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reserved. The Program contains certain licensed materials and LGP's
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licensors may protect their rights in the event of any violation of
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this Agreement.
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3. Responsibilities of End User.
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A. Subject to the Grant of License hereinabove, you may not, in whole
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or in part, copy, photocopy, reproduce, translate, reverse engineer,
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derive source code, modify, disassemble, decompile, create derivative
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works based on the Program, or remove any proprietary notices or
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labels on the Program without the prior written consent of LGP.
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B. The Program is licensed to you as a single product. Its component
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parts may not be separated for use on more than one computer.
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C. You are entitled to use the Program for your own use, but you are
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not entitled to: (i) sell, grant a security interest in or transfer
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reproductions of the Program to other parties in any way, nor to rent,
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lease or license the Program to others without the prior written
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consent of LGP; or (ii) exploit the Program or any of its parts for
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any commercial purpose including, but not limited to, use at a cyber
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cafe, computer gaming center or any other location-based site. LGP may
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offer a separate Site License Agreement to permit you to make the
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Program available for commercial use. Contact LGP for details.
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4. Program Transfer. You may transfer all of your rights
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under this License Agreement, provided the recipient agrees to the
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terms of this License Agreement.
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5. Termination. The License Agreement is effective until
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terminated. You may terminate the License Agreement at any time by
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destroying the Program. LGP may, at its discretion, terminate this
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License Agreement in the event that you fail to comply with the terms
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and conditions contained herein. In such event, you must immediately
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destroy the Program.
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6. Export Controls. The program may not be re-exported, downloaded,
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otherwise exported into (or to a national or resident of) any country
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to whom it would be illegal to export the Program under UK law.
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7. Limited Warranty. Except as expressly and unambiguously set forth
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in this paragraph 7, LGP and its licensors disclaim any warranty for
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the Program, Editor and Manual(s). The Program, Editor and Manual(s)
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are provided "as is" without any warranty of any kind, either express
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or implied, including, without limitation, the implied warranties of
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merchantability, fitness for a particular purpose, or
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noninfringement. The entire risk arising out of use or performance of
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the Program, Editor, and Manual(s) remains with the User, however LGP
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warrants up to and including 90 days from the date of your purchase of
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the Program that the media containing the Program shall be free from
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defects in material and workmanship. In the event that the media
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proves to be defective during that time period, and upon presentation
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to LGP of proof of purchase of the defective Program, LGP will at its
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option: (i) correct any defect; (ii) provide a replacement copy of the
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same product; or (iii) refund your money.
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8. Limitation of Liability. NEITHER LGP, ITS LICENSORS NOR ANY PARENT,
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SUBSIDIARY OR AFFILIATE OF THE FOREGOING SHALL BE LIABLE IN ANY WAY
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FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM,
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EDITOR, AND MANUAL(S) INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES.
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9. Equitable Remedies. You hereby agree that LGP would be irreparably
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damaged if the terms of this License Agreement were not specifically
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enforced, and therefore you agree that LGP shall be entitled, without
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bond, other security, or proof of damages, to appropriate equitable
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remedies with respect to breaches of this License Agreement, in
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addition to such other remedies as LGP may otherwise have available to
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it under applicable laws. In the event that any litigation is brought
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by either party in connection with this License Agreement, the
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prevailing party in such litigation shall be entitled to recover from
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the other party all the costs, attorney's fees and other expenses
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incurred by such prevailing party in the litigation.
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10. Limitations on License. Nothing in this License Agreement shall
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preclude you from making or authorizing the making of copies of
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the Program provided, however, that all copies are complete and exact
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copies of the original, including this license.
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11. Miscellaneous. This License Agreement shall be deemed to have been
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made and executed in the United Kingdom and any dispute arising
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hereunder shall be resolved in accordance with the laws of the UK. You
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agree that any claim asserted in any legal proceeding by one of the
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parties against the other shall be commenced and maintained in the
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appropriate court located in Nottingham, England, having subject
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matter jurisdiction with respect to the dispute between the
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parties. This License Agreement may be amended, altered or modified
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only by an instrument in writing, specifying such amendment,
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alteration or modification, executed by both parties. In the event
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that any provision of this License Agreement shall be held by a court
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or other tribunal of competent jurisdiction shall be unenforceable,
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such provision will be enforced to the maximum extent permissible and
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the remaining portions of this License Agreement shall remain in full
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force and effect. This License Agreement constituted and contains the
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entire agreement between the parties with respect to the subject
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matter hereof and supersedes any prior oral or written agreements. You
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hereby acknowledge that you have read and understand the forgoing
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License Agreement and agree that the action of installing the Program
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is an express acknowledgment of your agreement to be bound by the
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terms and conditions of this License Agreement. You also acknowledge
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and agree that this License Agreement is the complete and exclusive
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statement of the agreement between you and LGP and that this License
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Agreement supersedes any prior or contemporaneous agreement, either
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oral or written, and any other communications between you and LGP.
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Linux Game Publishing LTD
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17 Rossington Road
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Nottingham, NG2 4HX, England
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