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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.