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- YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
- INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF
- THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE.
-
- This software program, any printed materials, any on-line or electronic
- documentation, and any and all copies and derivative works of such
- software program and materials (the "Program") are the copyrighted work
- of James Bryant, its subsidiaries, licensors and/or its
- suppliers. All use of the Program is governed by the terms of the End
- User License Agreement which is provided below ("License Agreement"). The
- Program is solely for use by end users according to the terms of the
- License Agreement. Any use, reproduction or redistribution of the Program
- not in accordance with the terms of the License Agreement is expressly
- prohibited.
- END USER LICENSE AGREEMENT
-
- 1. Limited Use License. James Bryant hereby grants,
- and by installing the Program you thereby accept, a limited,
- non-exclusive license and right to install and use one (1) copy of the
- Program for your personal use on either a home or portable computer. You
- may not network the Program or otherwise install it or use it on more
- than one computer at a time. The Program is licensed, not sold. Your
- license confers no title or ownership in the Program.
- 2. Ownership. All title, ownership rights and intellectual property
- rights in and to the Program and any and all copies thereof (including
- but not limited to any titles, computer code, data, themes, objects,
- characters, character names, stories, text, dialog, catch phrases,
- locations, concepts, artwork, animations, sounds, musical compositions,
- audio-visual effects, methods of operation, moral rights, any related
- documentation, and "applets" incorporated into the Program) are owned by
- James Bryant or its licensors. The Program is protected by the copyright laws
- of the United States, international copyright treaties and conventions
- and other laws. All rights are reserved. The Program may contain certain
- licensed materials and James Bryant's licensors may act to protect their rights
- in the event of any violation of this Agreement.
- 3. Responsibilities of End User.
- A. Subject to the grant of license hereinabove, you may not, in
- whole or in part, copy, photocopy, reproduce, translate, reverse
- engineer, derive source code from, modify, disassemble, decompile, or
- create derivative works based on the Program, or remove any proprietary
- notices or labels on the Program.
- B. The Program is licensed to you as a single product. Its
- component parts may not be separated for use on more than one computer.
- C. You are entitled to use the Program for your own personal use,
- but you are not entitled to:
- (i) sell or transfer reproductions of the Program to other parties in
- any way, nor to rent, lease or license the Program to others;
- (ii) exploit the Program or any of its parts for any commercial
- purpose including, but not limited to, use at a cyber cafΘ, computer
- gaming center or any other network or location-based site; or
- (iii) host or provide matchmaking services for the Program or emulate
- or redirect the communication protocols used by James Bryant in the network
- feature, if any, of the Program, through protocol emulation, tunneling,
- modifying or adding components to the Program, use of a utility program
- or any other techniques now known or hereafter developed, for any
- commercial purpose including, but not limited to commercial network play
- over the Internet, network play utilizing commercial gaming networks or
- as part of content aggregation networks.
- D. You must back-up to another secure location, on a regular basis, any
- data files concerning your use of the Program as James Bryant has no liability
- for lost or corrupted data.
- 4. Program Transfer. You may permanently transfer all of your rights
- under this License Agreement, provided the recipient agrees to the terms
- of this License Agreement and you agree to remove the Program from your
- home or portable computer.
- 5. Termination. This License Agreement is effective until terminated. You
- may terminate the License Agreement at any time by destroying the
- Program. James Bryant may, at its discretion, terminate this License Agreement
- in the event that you fail to comply with the terms and conditions
- contained herein. In such event, you must immediately destroy the Program.
- 6. Export Controls. The Program may not be re-exported, downloaded or
- otherwise 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's list of Specially Designated Nationals or the U.S. Commerce
- Department's Table of Denial Orders. By installing the Program, you are
- agreeing to the foregoing and you are representing and warranting that
- you are not located in, under the control of, or a national or resident
- of any such country or on any such list.
- 7. Limited Warranty. James Bryant EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE
- PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS"
- WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
- WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
- FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. James Bryant FURTHER DISCLAIMS
- ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
- SPECIFICALLY, James Bryant MAKES NO WARRANTIES THAT THE PERFORMANCE OR
- FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO,
- DURING OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE OF
- CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN
- AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION
- BETWEEN PRODUCTS OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT THAT
- MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR
- IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. The entire
- risk arising out of use or performance of the Program remains with you.
- 8. Limitation of Liability. NEITHER James Bryant, ITS PARENT, SUBSIDIARIES,
- AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF
- ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED
- TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
- DATA LOSS, DATA CORRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
- LOSSES. Some states do not allow the exclusion or limitation of
- incidental or consequential damages, or allow limitations on how long an
- implied warranty lasts, so the above limitations may not apply to you.
- 9. Equitable Remedies. You hereby agree that James Bryant would be irreparably
- damaged if the terms of this License Agreement were not specifically
- enforced, and therefore you agree that James Bryant shall be entitled, without
- bond, other security, or proof of damages, to appropriate equitable
- remedies with respect to breaches of this License Agreement, in addition
- to such other remedies as James Bryant may otherwise have available to it under
- applicable laws.
- 10. Miscellaneous. This License Agreement shall be deemed to have been
- made and executed in the State of Iowa and any dispute arising
- hereunder shall be resolved in accordance with the law of the State of
- Iowa. You agree that any claim asserted in any legal proceeding by
- one of the parties against the other shall be commenced and maintained in
- any state or federal court located in the State of Iowa, having subject matter
- jurisdiction with respect to the dispute
- between the parties. This License Agreement may be amended, altered or
- modified only by an instrument in writing specifying such amendment,
- alteration or modification, which is executed by both parties. In the
- event that any provision of this License Agreement shall be held by a
- court or other tribunal of competent jurisdiction to be unenforceable,
- such provision will be enforced to the maximum extent permissible and the
- remaining portions of this License Agreement shall remain in full force
- and effect.
- You hereby acknowledge that you have read and understand the foregoing
- License Agreement and agree that the action of installing the Program is
- an acknowledgment of your agreement to be bound by the terms and
- conditions of the License Agreement contained herein. You also
- acknowledge and agree that this License Agreement is the complete and
- exclusive statement of the agreement between James Bryant and you and that the
- License Agreement supersedes any prior or contemporaneous agreement,
- either oral or written (including inconsistent statements in written
- materials and online help accompanying the Program), and any other
- communications between James Bryant and you.
-