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EULA.txt
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2002-12-07
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SOFTWARE: Monsta(tm)
INDUSTRY ENTERTAINMENT END-USER LICENCE AGREEMENT (EULA)
http://www.indus3.org/monsta
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Please read the terms and conditions of this Freeware Licence Agreement
carefully, in particular the restrictions contained within and the disclaimers
and limitations of liability of use.
GRANT OF LICENCE
This Licence Agreement ("Licence") sets out the legal terms and conditions upon
which we, Industry Entertainment ("Creators"), permit You to install and use the
PDA version of the interactive computer game Monsta(tm) ("Software").
("You") means the individual downloading, and paying (where applicable) for the
right to install and use the freeware SOFTWARE.
The Freeware Software is licensed, not sold. By installing, copying or otherwise
using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you
do not agree to the terms of this Agreement, promptly return the complete
product unopened or uninstalled using the Returns procedure at the merchant or
supplier from whom you purchased the SOFTWARE.
The minimum requirements required in order for you to be able to install and use
the Software are stated on the merchant Website.
You are solely responsible for ensuring that your PDA meets the Minimum
Requirements. You will not be able to install and/or use the Software unless
your PDA meets the Minimum Requirements. Creators reserves the right to retain
any payment made in respect of the Software in the event that You attempt to
install and/or use the Software on a PDA which does not meet the Minimum
Requirements.
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FREEWARE PRODUCT TRANSFER
User may permanently transfer the entire Freeware Product to any third party,
providing that the third party accepts the terms of this EULA in its entirety.
In the event that User has received this Freeware Product as part of a Freeware
Bundle, then all Freeware Products supplied as part of that Freeware Bundle must
be transferred. Under no circumstances can a Freeware Product supplied as part
of a Freeware Bundle be transferred separately.
Please note that this is a legally binding agreement. If you do not agree to be
bound by its terms do not proceed to install the SOFTWARE.
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FURTHER CONDITIONS OF LICENSE
The Creators may at any time and without notice or warning change the contents
and technical specifications of the Software as the companies sees fit. Without
prejudice to the generality of the foregoing, the Creators do not guarantee the
availability of the SOFTWARE on the Website for any period of time.
The rights and licences granted to you in this Licence Agreement are personal to
You. This Licence Agreement and the rights granted to you under it are for your
benefit only and are not transferable or assignable.
You may only use the Software for your own personal and non-commercial leisure
use.
Except for the rights expressly set out in this Licence Agreement, all rights
(including intellectual property rights) in relation to the Software and the
game comprised therein are reserved absolutely by the respective named owners of
such rights. Except as expressly permitted by this Licence Agreement and save
and to the extent expressly permitted by applicable law, you may not rent,
lease, sub-license, exploit for gain, copy, modify, adapt, merge, translate,
reverse engineer, decompile, disassemble or create derivative works based on the
whole or any part of the SOFTWARE or use, reproduce or otherwise deal in the
Software or any part thereof in any way.
To the maximum extent permitted under law, if during the warranty period set
forth below, a defect is discovered by User, UserÆs exclusive remedy hereunder
shall be, at the sole option of the Creators the repair or replacement of the
Freeware Product. In order to obtain such remedy, User must return the Freeware
Product in its entirety to the Creators, for a replacement copy.
--------------------------------------------------------------------------------
TRADEMARK & COPYRIGHT
The SOFTWARE (including any images and text incorporated into the SOFTWARE) is
owned by Industry Entertainment. The Software is protected by Yugoslavian
copyright laws and international treaty provisions.
--------------------------------------------------------------------------------
BACKUP & OTHER PRECAUTIONS
You may take a single back-up copy of the SOFTWARE and are solely responsible
for making such back-up copy. We are not liable to You for any loss of the
SOFTWARE or inability to play the game comprised therein as a result of a loss
of power and/or failure to make a back-up copy of the SOFTWARE.
You may not use the back-up copy of the SOFTWARE for any purpose other than to
reproduce the original in the event that it is destroyed or becomes defective.
In addition, we accept no liability to You in the event that there is any defect
or failure in the operation or use of the SOFTWARE as a result of any corruption
of data or otherwise Caused by any other application on the PDA.
--------------------------------------------------------------------------------
DISCLAIMERS & EXCLUSIONS & LIMITATIONS ON LIABILITY
We do not make any representation or warranty as to the quality, functionality
or freedom from error or contaminants (including viruses, worms, Trojan horses,
logic bombs or similar) or availability of the SOFTWARE or the Website. Our
entire liability shall be, at Industry Entertainment's option, either (a) return
of the price paid or (b) repair or replacement of the SOFTWARE that does not
meet our warranty.
So far as permitted by law, You agree that all implied warranties, conditions
and terms of any nature, including without limitation warranties of satisfactory
quality, merchantability or fitness for purpose, relating to the SOFTWARE are
hereby excluded and that You download, install, use (as the case may be) the
SOFTWARE and the computer game comprised therein entirely at your own risk.
The Creators recommends that You employ an up-to-date virus scan program before
downloading, installing and/or using the SOFTWARE.
THE MAXIMUM EXTENT OF OUR LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR HOWSOEVER ARISING UNDER OR IN RELATION TO THIS LICENCE, SHALL NOT
IN AGGREGATE EXCEED THE FEE PAID OR PAYABLE BY YOU TO DOWNLOAD, INSTALL AND USE
THE SOFTWARE.
YOU AGREE THAT NEITHER WE NOR ANY RIGHTS OWNER IN THE SOFTWARE OR THE GAME
COMPRISED IN IT SHALL IN ANY EVENT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, BE
LIABLE TO YOU OR ANY OTHER PARTY (NEITHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE) FOR ANY LOSS OF PROFIT, GOODWILL, REPUTATION OR
OPPORTUNITY OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR
DAMAGE ARISING FROM YOU DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE AND
PLAYING THE GAME COMPRISED THEREIN).
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(c) Copyright 2002, All rights reserved.
Industry Entertainment, Nikole Marakovica 7/36, 11000 Beograd, Yugoslavia
email: monsta@indus3.org
http://www.indus3.org/monsta
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