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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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+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.