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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+================================================
+
+LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
+
+================================================
+
+
+
+PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR
+COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE
+MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
+NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE PRODUCT IN ITS PACKAGING TO THE
+PLACE WHERE YOU OBTAINED IT.
+
+
+
+This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"),
+including the Limited Warranty and other special provisions, is a legal
+agreement between You (either an individual or an entity) and Loki Software,
+Inc. and its licensors, (collectively, the "Owner") regarding this software
+product and the materials contained therein and related thereto. Your act of
+installing and/or otherwise using the software constitutes Your agreement to be
+bound by the terms of this Agreement. If You do not agree to the terms of this
+Agreement, promptly return the software packaging and the accompanying
+materials (including any hardware, manuals, other written materials and
+packaging) to the place You obtained them, along with your receipt, for a full
+refund.
+
+Grant of Limited Non-Exclusive License. This Agreement permits You to use one
+(1) copy of the software program(s) (the "SOFTWARE") included in this package
+for your personal use on a single home or portable computer. The SOFTWARE is in
+"use" on a computer when it is loaded into temporary memory (i.e., RAM) or
+installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage
+device) of that computer. Installation on a network server is strictly
+prohibited, except under a special and separate network license obtained from
+Owner; this Agreement shall not serve as such necessary special network
+license. Installation on a network server constitutes "use" that must comply
+with the terms of this Agreement. This license is not a sale of the original
+SOFTWARE or any copy thereof.
+
+Intellectual Property Ownership. Owner retains all right, title and interest to
+this SOFTWARE and the accompanying manual(s), packaging and other written
+materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not
+limited to, all copyrights, trademarks, trade secrets, trade names, proprietary
+rights, patents, titles, computer codes, audiovisual effects, themes,
+characters, character names, stories, dialog, settings, artwork, sounds
+effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING
+MATERIALS are protected by United States copyright law and applicable copyright
+laws and treaties throughout the World. All rights are reserved. The SOFTWARE
+and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or
+medium, in whole or in part, without prior written consent from Owner. Any
+persons copying or reproducing all or any portion of the SOFTWARE or
+ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating
+the copyright laws and may be subject to civil or criminal penalties.
+
+SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent
+memory of a computer, You may keep and use the original disk(s) and/or CD-ROM
+(the "Storage Media") only for backup or archival purposes.
+
+Restrictions. Other than as provided specifically in this Agreement, You are
+not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING
+MATERIALS; modify or prepare derivative copies based on the SOFTWARE or
+ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING
+MATERIALS by sale or other transfer of ownership; rent, lease, or lend the
+SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING
+MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE
+or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or
+through any other media or to any other party. You are expressly prohibited
+from using or selling any unauthorized level packs, add-on packs or sequels
+based upon or related to the SOFTWARE or ACCOMPANYING MATERIALS. You are
+expressly prohibited from selling or using any characters or other components
+of the game for any purpose. You are expressly prohibited from selling or
+otherwise profiting from any levels, add-on packs, sequels or other items
+created by utilization of the SOFTWARE's level editor. YOU ARE NOT PERMITTED TO
+REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying
+of the SOFTWARE or ACCOMPANYING MATERIALS not specifically allowed in this
+Agreement is a violation of this Agreement.
+
+Limited Warranty and Warranty Disclaimers.
+
+LIMITED WARRANTY. Loki Software, Inc. ("Loki") warrants to the original
+purchaser of the computer software product, for a period of ninety (90) days
+from the date of original purchase, that under normal use, the media and the
+user documentation are free from defects in materials and workmanship.
+
+WARRANTY CLAIMS. To make a warranty claim under this limited warranty, return
+the product to us at the address below within 90 days of purchase. Include a
+copy of the dated purchase receipt, your name, your return address, and a
+statement of the defect. Loki will replace the product and return it to you
+(postage prepaid) or issue you with a credit equal to the purchase price. If
+the product was damaged through misuse or accident, you will need to follow the
+returns after warranty policy detailed below.
+
+RETURNS AFTER WARRANTY. To replace defective media after the 90-day warranty
+period has expired, send the original disc(s) to the address below. Enclose a
+statement of the defect, your name, your return address, and a check or money
+order for $10.00 to:
+
+ Loki Software, Inc.
+ Customer Warranty
+ 250 El Camino Real, Suite 100
+ Tustin, CA 92780
+
+NOTE: We suggest you send your package in a manner that is traceable.
+
+CUSTOMER'S REMEDY. The LIMITED WARRANTY is Your exclusive remedy, and the
+entire liability of Owner. By opening the sealed software packaging, installing
+and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree
+to waive any and all other remedies you may have at law or in equity. Any such
+remedies you may not waive as a matter of public policy, you hereby assign, or
+shall assign as they become available, over to Owner.
+
+WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE,
+OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
+PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE
+IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT
+ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT,
+WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR
+ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY.
+OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR
+ACCOMPANYING MATERIALS' CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE
+WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED.
+
+NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS,
+DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES
+SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY.
+YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
+
+SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
+THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU
+SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM
+STATE TO STATE.
+
+LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and
+regardless of whether any remedy set forth herein fails of its essential
+purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
+AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR
+DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY
+DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT;
+INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY,
+LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
+LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF
+RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS,
+ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS
+LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR
+ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN
+IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE
+OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
+AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
+LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
+EXCLUSION MAY NOT APPLY TO YOU.
+
+Product Support and Updates. This SOFTWARE is intended to be user-friendly and
+limited product support is provided by Owner as specified in the ACCOMPANYING
+MATERIALS.
+
+Jurisdiction. CALIFORNIA LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S
+CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF ORANGE COUNTY, CALIFORNIA.
+This Agreement may be modified only by a written instrument specifying the
+modification and executed by both parties. In the event that any provision of
+this Agreement shall be held to be unenforceable, such provision shall be
+enforced to the greatest possible extent, with the other provisions of this
+Agreement to remain in full force and effect.
+
+Entire Agreement. This Agreement represents the entire agreement between the
+parties, and supersedes any oral or written communications, proposals or prior
+agreements between the parties or any dealers, distributors, agents or
+employees.
+
+U.S. Government Restricted Rights. The SOFTWARE and the ACCOMPANYING MATERIALS
+is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. §52.227-7013). This
+provision only applies if the U.S. Government or any of its entities obtains
+this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and
+the ACCOMPANYING MATERIALS exclusively with private funds. Additionally,
+information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a
+trade secret of Owner for all purposes of the Freedom of Information Act or
+otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject
+to limited use as set forth in any contract that may be entered into between
+the seller and the governmental entity. Owner owns, in all respects, the
+proprietary information and proprietary data found in the SOFTWARE and the
+ACCOMPANYING MATERIALS.
+
+U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the
+ACCOMPANYING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013
+(also found at 48 C.F.R. §252.227-7013). Any U.S. Government use, duplication,
+or disclosure is subject to the restrictions including, but not limited to
+those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48
+C.F.R. §252.227-7013) that may be amended from time to time.
+
+NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice
+through this Agreement that any use of this SOFTWARE and the ACCOMPANYING
+MATERIALS is subject to similar limitations as those stated above, including
+but not limited to, those stated in Commercial Computer SOFTWARE - Restricted
+Rights found in 48 C.F.R. §52.227-19, that may also be amended from time to
+time. Manufacturer is Owner at the location listed below.
+
+U.S. Export Laws Prohibitions. By opening the sealed software packaging and/or
+installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also
+agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the
+SOFTWARE's direct products are not being and will not be transported, exported
+or re-exported (directly or indirectly through the Internet or otherwise) into
+(or to a national or resident of) any country forbidden to receive such
+SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying
+regulations or otherwise violate such laws or regulations, that may be amended
+from time to time. You also agree and confirm that the SOFTWARE and
+ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted
+by the same laws and regulations.
+
+Termination. This Agreement is valid until terminated. This Agreement ceases
+automatically (without any form of notice) if You do not comply with any
+Agreement provision. You can also end this Agreement by destroying the SOFTWARE
+and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and
+ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from
+any client server or computer on which it has been installed.
+
+Program Transfer. You may permanently transfer all of your rights under this
+Agreement, provided that the recipient agrees to all of the terms of this
+Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related
+documents and components and remove the SOFTWARE from Your computer prior.
+Transferring the SOFTWARE automatically terminates Your license under this
+Agreement.
+
+Equitable Remedies. You hereby agree that if the terms of this Agreement are
+not specifically enforced, Owner will be irreparably damaged, and therefore you
+agree that Owner shall be entitled, without bond, other security, proof of
+damages, to appropriate equitable remedies with respect any of this Agreement,
+in addition to any other available remedies. If You have any questions
+regarding this Agreement, the enclosed materials, or otherwise, please contact
+in writing:
+
+Loki Software
+250 El Camino Real #100
+Tustin, CA 92780
+Attn: Customer Service