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Revista CD Expert 28
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CD Expert nº 28.iso
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Bfris
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license.txt
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1999-02-03
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LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a legal
agreement between you, the end-user and Aegis Simulation Technologies
("Aegis Tech"). By continuing the installation of this game program
entitled BFRIS, by loading or running the game program, or by placing
or copying the game program onto your computer hard drive, computer RAM
or other storage, you are agreeing to be bound by the terms of this
Agreement.
1. Grant of License of Software. Subject to the terms and conditions
of this Agreement, Aegis Tech grants to you the non-exclusive and
limited right to use the software game program entitled BFRIS in
executable or object code form only (the "Software") for recreational
purposes only. The term "Software" includes all elements of the
Software such as data files, images appearing in the Software and
screen displays. You are not receiving any ownership or proprietary
right, title or interest in or to the Software or the copyright,
trademarks, or other rights related thereto. For purposes of this
section, "use" means loading the Software into RAM and/or onto computer
hard drive, as well as installation of the Software on a hard disk or
other storage device. You agree that the Software will not be shipped,
transferred or exported into any country in violation of the U.S. Export
Administration Act (or any other law governing such matters) by you or
any one at your direction and that you will not utilize and will not
authorize anyone to utilize, in any other manner, the Software in
violation of any applicable law. The Software may not be exported or
reexported into (or to a national or resident of) any country to which
the U.S. has embargoed goods or to anyone or into any country who/which
are prohibited, by applicable law, from receiving such property.
2. Additional . Subject to the terms and conditions of this Agreement,
Aegis Tech grants to you the non-exclusive and limited right to create
additional maps (the "Maps") which are operable with the Software. You
agree that the Maps will not be shipped, transferred or exported into
any country in violation of the U.S. Export Administration Act (or any
other law governing such matters) by you or anyone at your direction and
that you will not utilize and will not authorize anyone to utilize, in
any other manner, the Maps in violation of any applicable law. The
Maps may not be downloaded 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 or into any country who/which are
prohibited by applicable law, from receiving such property.
You shall not rent, sell, lease, lend, offer on a pay-per-play basis or
otherwise commercially exploit or commercially distribute the Maps.
You are only permitted to distribute for free, without any cost or
charge, the Maps to other endusers. As noted below, in the event you
commercially distribute or commercial exploit the Maps or commit any
other breach of this Agreement, your licenses, as granted in this
Agreement, shall automatically terminate, without notice. You hereby
agree to indemnify, defend and hold harmless Aegis Tech and Aegis
Tech's officers, employees, directors, agents, licensees (excluding
you), sublicensees (excluding you), successors and assigns from and
against all losses, lawsuits, damages, causes of action and claims
relating to and/or arising from the Maps and/or the distribution or
other use of the Maps.
3. Prohibitions with Regard to Software. You, either directly or in-
directly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not
limited to, Internet or other electronic distribution, direct mail,
retail, mail order or other means;
f. in any other manner and through any medium whatsoever
commercially exploit the Software or use the Software for any
commercial purpose;
g. reverse engineer, disassemble, decompile, modify or alter the
Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section
4. herein below);
j. publicly display the Software; or
k. prepare or develop derivative works based upon the Software.
4. Permitted Copying. You may make only the following copies of the
Software: (i) you may copy the Software from the CD ROM which you
purchase onto your computer hard drive; (ii) you may copy the Software
from your computer hard drive into your computer RAM; and (iii) you may
make one (1) "back up" or archival copy of the Software on one (1) hard
disk.
5. Intellectual Property Rights. The Software, including all printed
material accompanying the Software (the "Printed Materials") and all
copyrights, trademarks and all other conceivable intellectual property
rights related to the Software, the Printed Materials and the Aegis
Tech Images are owned by Aegis Tech and are protected by United States
copyright laws, international treaty provisions and all applicable law,
such as the Lanham Act. You must treat the Software, the Printed
Materials and the Aegis Tech Images like any other copyrighted
material, as required by 17 U.S.C., paragraph 101 et seq. and other
applicable law. You agree to use your best efforts to see that any
user of the Software licensed hereunder, the Printed Materials or the
Maps complies with this Agreement. You agree that you are receiving a
copy of the Software and the Printed Material by license only and not
by sale and that the "first sale" doctrine of 17 U.S.C. paragraph 109
does not apply to your receipt or use of the Software, or Printed
Materials. This section 5. shall survive the cancellation or
termination of this Agreement.
6. No Aegis Tech Warranties. AEGIS SIMULATION TECHNOLOGIES DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SOFTWARE AND PRINTED MATERIALS. AEGIS
TECH DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS,
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY Aegis Tech AND
SHOULD NOT BE RELIED UPON. This section 6. shall survive the
cancellation or termination of this Agreement.
7. Venue and Liability Limitation. This Agreement shall be construed
in accordance with and governed by the laws of the State of New Mexico
and applicable United States federal law. Copyright and other
proprietary matters will be governed by United States laws and
international treaties. Except as set forth below, exclusive venue for
all litigation with regard to this Agreement shall be in Bernalillo
County, New Mexico and you agree to submit to the jurisdiction of the
courts in Albuquerque, New Mexico for any such litigation.
IN ANY CASE, NEITHER AEGIS TECH NOR ANY OF AEGIS TECH'S OFFICERS,
EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
(EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
LIABILITY, OR OTHER LEGAL THEORY EVEN IF AEGIS TECH, OR THEIR
RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY
CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. This section 7.
shall survive the cancellation or termination of this Agreement.
8. U.S. Government Restricted Rights. To the extent applicable, the
United States Government shall only have those rights to use the
Software and Printed Materials as expressly stated and expressly
limited and restricted in this Agreement, as provided in 48. C.F.R.
paragraph 227.7202-1 through 227.7204.
9. General Provisions. Neither this Agreement nor any part or portion
hereof shall be assigned or sublicensed by you. Aegis Tech may assign
its rights under this Agreement in the assigning party's sole
discretion. Should any provision of this Agreement be held to be void,
invalid, unenforceable or illegal by a court, the validity and
enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable, you agree to a
modification of such provision to provide for enforcement of the
provision's intent, to the extent permitted by applicable law. Failure
of Aegis Tech to enforce any provision of this Agreement shall not
constitute or be construed as a waiver of such provision or of the
right to enforce such provision. If you fail to comply with or breach
any term or condition of this Agreement, YOUR LICENSES AND THIS
AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE. In the event
this Agreement is terminated, you shall have no right to use the
Software, the Printed Materials or the Maps, in any manner, and you
shall immediately destroy all copies of the Software, the Printed
Materials and the Maps in your possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND
THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF
THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR
COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER
AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN AEGIS TECH
AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT
OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT
SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND
ANY OTHER COMMUNICATIONS BETWEEN AEGIS SIMULATION TECHNOLOGIES AND YOU
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
December 30, 1998
LIMITED USE SOFTWARE LICENSE AGREEMENT
license123098.txt