Chip 2001 Mobile/Chip_Mobile_2001.iso/palm/spiele/kylesque/kylesque.exe/license.txt

Text File | 1998-04-09 | 8KB | 144 lines

SOFTWARE AGREEMENT
for Kyle's Quest

NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE.
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING
THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE
SOFTWARE FROM YOUR HARDWARE AND A FULL REFUND WILL BE ISSUED.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE
OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT.

IMPORTANT -- READ CAREFULLY: By installing Kyle's Quest ("Software")
Licensee agrees to be and is hereby bound by the terms of this Software
Agreement ("Agreement"). If Licensee does not agree to the terms of this
Agreement, Licensee must promptly destroy all copies of the Software and
accompanying documentation ("Documentation"). Certain portions of this
Agreement restrict Licensee's rights and impose certain obligations
with respect to such third party software.

I. GRANT OF LICENSE:

Kyle Poole hereby grants to Licensee a non-exclusive license to the
Software and Documentation subject to the following terms:

Licensee may: (i) use the Software on any single computer;
(ii) use the Software on a second computer so long as the first and second
computers are not used simultaneously; (iii) copy the Software for back-up,
archival purposes provided any copy must contain all of the original
Software's proprietary notices.

Licensee may not: (i) permit other individuals to use the Software except
under the terms listed above; (ii) modify, translate, reverse engineer,
decompile, disassemble (except to the extent that this restriction is
expressly prohibited by law) or create derivative works based upon the
Software or Documentation; (iii) copy the Software or Documentation
(except for back-up purposes); (iv) rent, lease, transfer, or otherwise
transfer rights to the Software or Documentation; or (v) remove any
proprietary notices or labels on the Software or Documentation.

II. SOFTWARE:

If Licensee receives the first copy of the Software electronically and a
second copy on media the second copy may be used for archival purposes only
and may not be transferred to or used by any other person. This license
does not grant Licensee any right to any enhancement or update.

III. TITLE:

Title, ownership, rights, and intellectual property rights in and to the
Software and Documentation shall remain with Kyle Poole and/or his
suppliers. The Software is protected by the copyright laws of Canada and
international copyright treaties. Title, ownership rights and intellectual
property rights in and to the content accessed through the Software
including the content contained in the Software media demonstration files
is the property of the applicable content owner and may be protected by
applicable copyright or other law. This license gives Licensee no rights
to such content.

IV. CONFIDENTIALITY:

By virtue of this agreement, the parties may have access to information
that is confidential to one another ("Confidential Information").
Confidential Information shall be limited to the Software Products and all
information clearly marked as confidential.

A party's Confidential Information shall not include information which
(a) is or becomes a part of the public domain through no act or omission
of the other party; or (b) was in the other party's lawful possession prior
to the disclosure and had not been obtained by the other party either
directly or indirectly from the disclosing party; or (c) is lawfully
disclosed to the other party by a third party without restriction on
disclosure; or (d) is independently developed by the other party. Results of
any tests run by Customer may not be disclosed outside of Customer's
organization without permission in writing from Kyle Poole.

The parties agree, both during the term of this Agreement and for a period of
two years after termination of the Agreement and of all licenses granted
hereunder, to hold each other's Confidential Information in confidence. The
parties agree not to make each other's Confidential Information available in
any form to any third party or to use each other's Confidential Information for
any other purpose than the implementation of this Agreement. Each party agrees
to take all reasonable steps to ensure that Confidential Information is not
disclosed or distributed by its employees or agents in violation of the
provisions of this Agreement.

V. DISCLAIMER OF WARRANTY:

Product is deemed accepted by Recipient. The PRODUCT is provided AS IS WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
KYLE POOLE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL KYLE POOLE OR ITS SUPPLIERS BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
PRODUCT, EVEN IF KYLE POOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO RECIPIENT.

VI. TERMINATION:

This license shall terminate automatically if Licensee fails to comply with the
limitations described in this license. No notice shall be required to effectuate
such termination. On termination Licensee must destroy all copies of the Software
and Documentation.

VII. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS:

The Software is provided with RESTRICTED RIGHTS. Use duplication or disclosure
by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software clause of
DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19 as applicable. Manufacturer is
Kyle Poole, 90 James St, New Hamburg, ON Canada, N0B 2G0. Licensee acknowledges
that none of the Software or underlying information or technology may be download
or otherwise exported or re-exported (i) into (or to a national or resident of)
Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country
to which the U.S. has embargoed goods; or 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 using the Software Licensee is agreeing to the foregoing and is
representing and warranting that it is not located in under the control of a
national or resident or resident of any such country or on any such list.

VIII. GOVERNING LAW:

The rights and obligations of the party's under this Agreement shall not be governed
by the U N Convention on Contracts for the International Sales of Goods; rather such
rights and obligations shall be governed and construed under the laws of the
Province of Ontario, without reference to conflict of laws principles.

IX. ENTIRE AGREEMENT:

This agreement constitutes the complete and exclusive agreement between Kyle Poole
and Licensee with respect to the subject matter hereof and supersedes all prior oral
or written understandings, communications or agreements not specifically incorporated
herein. This agreement may not be modified except in writing duly signed by an
authorized representative of Kyle Poole and Licensee.