You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
212 lines
14 KiB
212 lines
14 KiB
Software License Agreement
|
|
|
|
1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
|
|
INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL
|
|
AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE
|
|
HAND, AND RWS, INC. AND ITS SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY
|
|
REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT
|
|
ENTITLED "POSTAL 2," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED
|
|
MEDIA AND/OR PRINTED MATERIALS (TOGETHER CALLED "PROGRAM"). BY OPENING
|
|
THE PACKAGING MATERIALS FOR THE PROGRAM, OR INSTALLING, COPYING, OR
|
|
OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
|
|
SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU
|
|
DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT
|
|
INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION.
|
|
2. Company grants you a non-exclusive, non-transferable license to
|
|
use the Program, but retains all property rights in the Program and all
|
|
copies thereof. You may install the Program on a single computer for
|
|
use by a single, particular user. All rights not specifically granted
|
|
under this Agreement are reserved by Company and, as applicable,
|
|
Company's licensors. This Program is licensed, not sold, for your use.
|
|
Your license confers no title or ownership in this Program and should
|
|
not be construed as a sale of any rights in this Program.
|
|
3. You acknowledge that the Program in source code form remains a
|
|
confidential trade secret of Company. You agree not to modify or attempt
|
|
to reverse engineer, decompile, or disassemble the Program, except and
|
|
only to the extent that such activity is expressly permitted by
|
|
applicable law notwithstanding this limitation.
|
|
4. OWNERSHIP. All right, title and interest and intellectual
|
|
property rights in and to the Program (including but not limited to any
|
|
titles, computer code, themes, objects, characters, character names,
|
|
stories, dialog, catch phrases, locations, concepts, artwork, images,
|
|
photographs, animations, video, sounds, audio-visual effects, music,
|
|
musical compositions, text and "applets," incorporated into the
|
|
Program), the accompanying printed materials, and any copies of the
|
|
Program, are owned by Company or its licensors. This Agreement grants
|
|
you no rights to use such content other than as part of the Program. All
|
|
rights not expressly granted under this Agreement are reserved by
|
|
Company.
|
|
5. This Agreement is effective upon your opening of the packaging
|
|
materials, installation, or your first use of the Program and shall
|
|
continue until revoked by Company or until you breach any term hereof;
|
|
upon termination you agree to destroy or delete all copies of the
|
|
Program in your possession.
|
|
6. Except as specifically set forth herein, you shall not modify
|
|
the Program or merge the Program into another computer program (except
|
|
to the extent the Program is made to operate within a computer operating
|
|
system and in connection with other computer programs) or create
|
|
derivative works based upon the Program. Subject to the terms and
|
|
conditions of this Agreement and so long as you fully comply at all
|
|
times with all the terms and conditions of this Agreement, Company
|
|
grants you a limited, revocable, non-exclusive and limited right to
|
|
create for the Program (but specifically excluding the right to use any
|
|
software code from the Program) your own modifications and levels
|
|
("Derivative Materials") which shall operate solely with the Program and
|
|
not any other version of the Program, including, demos or updated
|
|
versions. You represent and warrant that the Derivative Materials shall
|
|
(i) not infringe on the rights of any third parties; (ii) not be
|
|
libelous, defamatory, obscene, false, misleading, or otherwise illegal
|
|
or unlawful; (iii) not be downloaded, shipped, transferred, exported or
|
|
re-exported in violation of any laws governing such matters, including
|
|
the U.S. Export Administration Act; (iv) not be rented, sold, leased,
|
|
licensed, sublicensed, or otherwise commercially exploited. You shall
|
|
fully indemnify the Company and its distributors, licensors, licensees
|
|
and their respective officers, directors, in connection with any and
|
|
all claims arising from or based on the Derivative Materials. You
|
|
acknowledge that you are only granted a license to create the Derivative
|
|
Materials and that you shall not own the Derivative Materials. Any
|
|
breach of this Agreement by you shall result in the automatic
|
|
termination of such license, without notice or any further action, and
|
|
you shall not have any right to use the Program or any Derivative
|
|
Materials.
|
|
7. Do not run, use, or install the Program if you reside in a
|
|
country to which the use or installation of the Program would violate
|
|
U.S. export laws or regulations, and do not distribute the Program in
|
|
violation of such laws or regulations. The Program may not be
|
|
transferred or otherwise exported or re-exported into (or to a national
|
|
or resident of) any country to which the U.S. has embargoed goods or to
|
|
anyone on the U.S. Treasury Department list of Specially Designated
|
|
Nationals or the U.S. Commerce Department's Table of Deny Orders. If you
|
|
do not meet these criteria or are not sure, do not run or install the
|
|
software and destroy any copies in your possession. If you live in such
|
|
a country, no license is granted hereunder.
|
|
8. To the maximum extent allowed by law, Company, its licensors and
|
|
subcontractors do not warrant any connection to, transmission over, or
|
|
results or use of, any network connection or facilities provided (or
|
|
failed to be provided) through the Program. You are responsible for
|
|
assessing your own computer needs and, if applicable, transmission
|
|
network needs, and the results to be obtained therefrom. YOU EXPRESSLY
|
|
AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS
|
|
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE
|
|
LEGALLY INCAPABLE OF EXCLUSION. EXCEPT WITH RESPECT TO THE LIMITED
|
|
CD-ROM WARRANTY AS SET FORTH IN SECTION 9 BELOW, COMPANY AND ITS
|
|
LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR
|
|
WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
|
|
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
|
|
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM
|
|
A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY
|
|
AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY
|
|
YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER
|
|
MATERIALS FROM DELAYS, NON-DELIVERIES, ERRORS, CAUSED BY COMPANY, ITS
|
|
LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OWN ERRORS AND/OR
|
|
OMISSIONS. Company and its Licensors make no warranty with respect to
|
|
any related software or hardware used or provided by Company in
|
|
connection with the Program except as expressly set forth above.
|
|
9. LIMITED CD-ROM WARRANTY. Notwithstanding anything to the
|
|
contrary contained herein, and solely with respect to Programs
|
|
distributed on CD-ROM, Company warrants to the original consumer
|
|
purchaser of this Program on CD-ROM that the recording medium on which
|
|
the Program is recorded will be free from defects in material and
|
|
workmanship for 90 days from the date of purchase. If the recording
|
|
medium is found defective within 90 days of original purchase, you may
|
|
return the Program and all accompanying materials along with your
|
|
original receipt to the place you obtained it for a full refund or
|
|
replacement, subject to such retailers return policy. This warranty is
|
|
limited to the recording medium containing the Program as originally
|
|
provided by Company and is not applicable to normal wear and tear. This
|
|
warranty shall not be applicable and shall be void if the defect has
|
|
arisen through abuse, mistreatment, or neglect. Any implied warranties
|
|
prescribed by statute are expressly limited to the 90-day period
|
|
described above.
|
|
10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY
|
|
AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION
|
|
BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER
|
|
LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE
|
|
PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT,
|
|
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
|
|
RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING
|
|
DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION
|
|
AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN
|
|
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY
|
|
PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS' ENTIRE LIABILITY TO YOU
|
|
AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED
|
|
SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE
|
|
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
|
|
CERTAIN DAMAGES, IN SUCH STATES COMPANY'S AND ITS LICENSORS' LIABILITY
|
|
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
|
|
11. INJUNCTION. Because Company would be irreparably damaged if the
|
|
terms of this License Agreement were not specifically enforced, you
|
|
agree that Company shall be entitled, without bond, other security or
|
|
proof of damages, to appropriate equitable remedies with respect to
|
|
breaches of this Agreement, in addition to such other remedies as
|
|
Company may otherwise have under applicable laws.
|
|
12. INDEMNITY. At Company's request, you agree to defend, indemnify
|
|
and hold harmless Company, its affiliates, contractors, officers,
|
|
directors, employees, agents, licensors, licensees, distributors,
|
|
content providers, and other users of the Program, from all damages,
|
|
losses, liabilities, claims and expenses, including attorneys' fees,
|
|
arising directly or indirectly from your acts and omissions to act in
|
|
using the Program pursuant to the terms of this License Agreement or any
|
|
breach of this License Agreement by you. Company reserves the right, at
|
|
its own expense, to assume the exclusive defense and control of any
|
|
matter otherwise subject to indemnification by you hereunder, and in
|
|
such event, you shall have no further obligation to provide
|
|
indemnification for such matter.
|
|
13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation
|
|
have been developed entirely at private expense and are provided as
|
|
"Commercial Computer Software" or "restricted computer software." Use,
|
|
duplication or disclosure by the U.S. Government or a U.S. Government
|
|
subcontractor is subject to the restrictions set forth in subparagraph
|
|
(c)(1)(ii) of the Rights in Technical Data and Computer Software clauses
|
|
in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of
|
|
the Commercial Computer Software Restricted Rights clauses at FAR
|
|
52.227-19, as applicable. The Contractor / Manufacturer is RWS, Inc. PO
|
|
64309, Tucson, AZ 85728.
|
|
14. TERMINATION. Without prejudice to any other rights of Company,
|
|
this License Agreement and your right to use the Program may
|
|
automatically terminate without notice from Company if you fail to
|
|
comply with any provision of this Agreement, or any terms and conditions
|
|
associated with the Program. In such event, you must destroy all copies
|
|
of this Program and all of its component parts.
|
|
15. GENERAL PROVISIONS. You may not use, copy, modify, sublicense,
|
|
rent, sell, assign or transfer the rights or obligations granted to you
|
|
in this Agreement, except as expressly provided in this Agreement. Any
|
|
assignment in violation of this Agreement is void, except that you may
|
|
transfer your Program to another person provided that person accepts the
|
|
terms of this License Agreement. If any provision of this Agreement is
|
|
held to be unenforceable for any reason, such provision shall be
|
|
reformed only to the extent necessary to make it enforceable, and such
|
|
decision shall not affect the enforceability of: (i) such provision
|
|
under other circumstances, or (ii) the remaining provisions hereof under
|
|
all circumstances. Company's failure to enforce at any time any of the
|
|
provisions of this Agreement shall in no way be construed to be a
|
|
present or future waiver of such provisions, nor in any way affect the
|
|
right of any party to enforce each and every such provision thereafter.
|
|
The express waiver by Company of any provision, condition or requirement
|
|
of this Agreement shall not constitute a waiver of any future obligation
|
|
to comply with such provision, condition or requirement. Notwithstanding
|
|
anything else in this Agreement, no default, delay or failure to perform
|
|
on the part of Company shall be considered a breach of this Agreement if
|
|
such default, delay or failure to perform is shown to be due to causes
|
|
beyond the reasonable control of Company. This Agreement shall be
|
|
governed by the laws of the State of Arizona and the United States
|
|
without regard to its conflicts of laws rules and you consent to the
|
|
exclusive jurisdiction of the state and federal courts in Pima County,
|
|
Arizona. The United Nations Convention on Contracts for the
|
|
International Sale of Goods shall not apply to this Agreement. This
|
|
Agreement represents the complete agreement concerning this License
|
|
Agreement between you and Company.
|
|
|
|
If you have any questions concerning this license, you may contact RWS
|
|
at PO Box 64309, Tucson, AZ 85728
|
|
|
|
Postal(TM) 2 © 2002 RWS, Inc. Developed by RWS, Inc. Published by
|
|
Medium Rare, LLC. Unreal(TM) Engine © 1997-2002 Epic Games, Inc. All
|
|
Rights Reserved. MathEngine Karma © 2002 MathEngine PLC. Postal,
|
|
Postal 2, the Postal 2 logo, Running With Scissors, and the Running With
|
|
Scissors logo are trademarks or registered trademarks of RWS, Inc. Epic
|
|
Games and Unreal are registered trademarks or trademarks of Epic Games,
|
|
Inc, used under license. MathEngine and Karma and the MathEngine and
|
|
Karma logos are registered trademarks or trademarks of MathEngine PLC,
|
|
used under license. All rights reserved.
|