200+ Great Games for PDA/200+PDA.BIN/200+PalmGames/Valence/license.txt

Text File | 2002-04-24 | 10KB | 165 lines

Valence License
---------------

This document must accompany any and all copies of this software!

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:  This End-User License Agreement ("EULA") is a legal
agreement between you ("Licensee", either an individual or a single entity) and
NormSoft, Inc. ("Licensor") for the software accompanying this EULA, which includes
computer software and may include associated media, printed materials, and
"online" or electronic documentation (the "Product").  The SOFTWARE referenced by
this EULA is Valence.  By exercising your rights to make and use copies of
the SOFTWARE, you agree to be bound by the terms of this EULA.  If you do not
agree to the terms of this EULA, you may not use the SOFTWARE.

LICENSE

1.    LICENSE TO USE.

Licensor grants Licensee a non-exclusive, non-transferable license (the "License")
for the use of LicensorÆs software in machine-readable form, registration code,
and accompanying documentation (the ôProductö) on Licensee's machine for which
Licensee pay the license fee.  The software shall not be used by more than one
person per license purchased.  The term of this license shall be one (1) year
from the purchase date.

2.    RESTRICTIONS

Product is copyrighted and contains proprietary information and trade secrets
belonging to Licensor and/or its licensors.  Title to Product and all copies
thereof is retained by Licensor and/or its licensors.  Licensee will not use Product
for any purpose other than for LicenseeÆs own purposes or make copies of the
software, other than a single copy of the software in machine-readable format for
back-up or archival purposes.  Licensee may make copies of the associated
documentation for LicenseeÆs use only. Licensee shall ensure that all proprietary
rights notices on Product are reproduced and applied to any copies.  Licensee may
not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer
Product, or create derivative works based upon all or part of Product.  Licensee
may not transfer, lease, assign, make available for timesharing or sublicense Product,
in whole or in part.  No right, title or interest to any trademarks, service marks
or trade names of Licensor or its licensors is granted by this Agreement.

3.    LIMITED WARRANTY

Licensor will replace, at no charge, defective media and product materials that are
returned within thirty (30) days of shipment. Licensor warrants, for a period of
thirty (30) days from the shipment date, that Product will perform in substantial
compliance with the written materials accompanying Product on that hardware and
operating system software for which it was designed, as stated in the documentation.
Use of Product with hardware and/or operating system software other than that for
which it was designed voids this warranty.  If, within thirty (30) days of shipment,
Licensee report to Licensor that Product is not performing as described above, and
Licensor is unable to correct it within ninety (90) days of the date Licensee report
it, Licensee may return Product, and Licensor will refund the License fee. Licensor
warrants that Product, as delivered to Licensee, does not infringe any existing U.S.
patent, copyright, trademark, or trade secret.  If Licensee promptly notify Licensor
of any such claim, Licensor will indemnify Licensee and hold Licensee harmless
against such claim, and will control any defense or settlement, unless Licensee have
modified Product, combined Product with any software that led to the claim or failed
to promptly install any version of Product provided to Licensee that is non-infringing.
If commercially reasonable, Licensor will either obtain the right for Licensee to use
Product or will modify Product to make it non-infringing, and failing these options,
will refund LicenseeÆs License fee less accumulated depreciation calculated on a
straight line method over a useful life of five (5) years. Provided the computers
and operating systems on which Licensee has installed Product are Year 2000 compliant,
Licensor warrants that Product will recognize the year 2000 as valid.  In the event
Product does not function according to published specifications because of the failure
to recognize the year 2000 as valid, Licensor will provide the necessary resources to
remedy year 2000 problems in Licensor's Product which prevent Product from functioning
in accordance with its published specifications.  The remedies above are LicenseeÆs
exclusive remedies for LicensorÆs breach of any warranty contained herein.

4. LIMITATION OF REMEDIES

THE FOREGOING WARRANTIES ARE IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT.  SOME STATES DO NOT ALLOW SUCH
DISCLAIMING OF WARRANTIES, SO SOME OR ALL OF THE DISCLAIMER ABOVE MAY NOT APPLY TO
LICENSEE.  IN NO EVENT WILL LICENSOR OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE TO
LICENSEE FOR ANY CLAIMS OR DAMAGES IN EXCESS OF AMOUNTS PAID BY LICENSEE TO LICENSOR
OR ITS REPRESENTATIVES UNDER THIS LICENSE.  LICENSOR SHALL NOT BE LIABLE FOR ANY LOST
DATA, LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF LICENSEEÆS USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF
LICENSOR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. LICENSOR AND ITS AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR ANY
SUCH CLAIM BY ANY OTHER PARTY.

5. CONFIDENTIALITY

Licensee agree that Product is confidential property of the Licensor ("Proprietary
Information").  Licensee will not use or disclose any Proprietary Information
except to the extent Licensee can document that any such Proprietary Information
is in the public domain and generally available for use and disclosure by the
general public without any charge or license. Use by persons to which Licensee have
contracted any of LicenseeÆs data processing services is permitted only if each
contractor (and its associated employees) is subject to a valid written agreement
prohibiting the reproduction or disclosure to third parties of software products
and associated documentation to which they have access and such prohibitions apply
to the Product.  Licensee recognize and agree that there is no adequate remedy at
law for a breach of this Section, that such a breach would irreparably harm the
Licensor and that the Licensor is entitled to equitable relief (including, without
limitation, injunctive relief) with respect to any such breach or potential breach,
in addition to any other remedies available at law.

6. EXPORT REGULATION

Licensee agree to comply strictly with all US export control laws, including the
US Export Administration Act and its associated regulations and acknowledge
LicenseeÆs responsibility to, if necessary, obtain licenses to export, re-export
or import Product.  Product is prohibited for export or re-export to Cuba, North
Korea, Iran, Iraq, Libya, Syria and Sudan or to any person or entity on the U.S.
Department of Commerce Denied Persons List or on the U.S. Department of Treasury's
lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers
or Specially Designated Terrorists.

7. US GOVERNMENT RESTRICTED RIGHTS

If Licensee are licensing Product or its accompanying documentation on behalf of
the US Government, it is classified as ôCommercial Computer Productö and ôCommercial
Computer Documentationö developed at private expense, contains confidential
information and trade secrets of Licensor and its licensors, and is subject to
ôRestricted Rightsö as that term is defined in the Federal Acquisition Regulations
(ôFARsö).  Contractor/Manufacturer is: NormSoft, Inc., and its subsidiaries,
Millis, Massachusetts, USA.

8. UPGRADES AND SUPPORT

Licensor shall provide upgrades for the major version purchased and the subsequent
major version at no charge when and if available.  Licensor shall also provide
e-mail support to Licensee.

9. MISCELLANEOUS

This Agreement is made under the laws of the State of Massachusetts, USA,
excluding the choice of law and conflict of law provisions.  This Agreement is
the entire Agreement between Licensee and Licensor relating to Product and:  (i)
supersedes all prior or contemporaneous oral or written communications, proposals,
and representations with respect to its subject matter; and (ii) prevails over
any conflicting or additional terms of any quote, order, acknowledgment, or
similar communication between the parties during the term of this Agreement. If
any provision of this Agreement is held invalid, all other provisions shall remain
valid unless such validity would frustrate the purpose of this Agreement, and this
License shall be enforced to the full extent allowable under applicable law.  No
modification to this License is binding, unless in writing and signed by a duly
authorized representative of each party.  The License granted hereunder shall
terminate upon expiration of the term or LicenseeÆs breach of any term herein and
Licensee shall cease use of and destroy all copies of Product. Duties of
confidentiality, indemnification and the limitation of liability shall survive
termination or expiration of this Agreement. Any future purchases of Product
shall also be subject to this Agreement.  All shipments are FOB NormSoft, Inc.
All of LicensorÆs licensors and subsidiaries are direct and intended third-party
beneficiaries of this Agreement and may enforce it against Licensee.

10. TRADEMARKS

Valence is a trademark of NormSoft, Inc.  All other marks are property of
their respective owners.

11. CONTACT

Should you have any questions concerning this EULA, or if you desire to contact
Licensor for any reason, please write or e-mail NormSoft, Inc. at
[e-mail].