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diff --git a/licenses/LOKI-EULA b/licenses/LOKI-EULA deleted file mode 100644 index 638affcf5..000000000 --- a/licenses/LOKI-EULA +++ /dev/null @@ -1,234 +0,0 @@ -================================================ - -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 |