This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"), including the Limited Warranty and other special provisions, is a legal agreement between You (either an individual or an entity) and PopTop Software and Gathering of Developers I, Ltd., (collectively, the "Owner") regarding this software product and the materials contained therein and related thereto. Your act of installing and/or otherwise using the software constitutes Your agreement to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, promptly return the software packaging and the accompanying materials (including any hardware, manuals, other written materials and packaging) to the place You obtained them, along with your receipt, for a full refund.
Grant of Limited Non-Exclusive License. This Agreement permits You to use one (1) copy of the software program(s) (the "SOFTWARE") included in this package for your personal use on a single home or portable computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. Installation on a network server is strictly prohibited, except under a special and separate network license obtained from Owner; this Agreement shall not serve as such necessary special network license. Installation on a network server constitutes "use" that must comply with the terms of this Agreement. This license is not a sale of the original SOFTWARE or any copy thereof.
Intellectual Property Ownership. Owner retains all right, title and interest to this SOFTWARE and the accompanying manual(s), packaging and other written materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING MATERIALS are protected by United States copyright law and applicable copyright laws and treaties throughout the World. All rights are reserved. The SOFTWARE and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or medium, in whole or in part, without prior written consent from Owner. Any persons copying or reproducing all or any portion of the SOFTWARE or ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating the copyright laws and may be subject to civil or criminal penalties.
SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent memory of a computer, You may keep and use the original disk(s) and/or CD-ROM (the "Storage Media") only for backup or archival purposes.
Restrictions. Other than as provided specifically in this Agreement, You are not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING MATERIALS; modify or prepare derivative copies based on the SOFTWARE or ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING MATERIALS by sale or other transfer of ownership; rent, lease, or lend the SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or through any other media or to any other party. You are expressly prohibited from selling or otherwise using for profit any levels, level packs, add-on packs, sequels, characters or other components or items created by utilization of the SOFTWARE's level editor and/or based upon or related to the SOFTWARE or ACCOMPANYING MATERIALS. YOU ARE NOT PERMITTED TO REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying of the SOFTWARE or ACCOMPANYING MATERIALS not specifically allowed in this Agreement is a violation of this Agreement.
Limited Warranty and Warranty Disclaimers.
LIMITED WARRANTY. Owner warrants that the original Storage Media holding the SOFTWARE is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of purchase as evidenced by Your receipt. If for any reason You find defects in the Storage Media, or if you are unable to install the SOFTWARE on your home or portable computer, You may return the SOFTWARE and all ACCOMPANYING MATERIALS to the place You obtained it for a full refund. This limited warranty does not apply if You have damaged the SOFTWARE by accident or abuse.
CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner, shall be (i) replacement of any original Storage Media with the SOFTWARE or (ii) full refund of the price paid for this SOFTWARE. By opening the sealed software packaging, installing and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree to waive any and all other remedies you may have at law or in equity. Any such remedies you may not waive as a matter of public policy, you hereby assign, or shall assign as they become available, over to Owner.
WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR ACCOMPANYING MATERIALS= CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER DOES NOT REPRESENT THAT THE SOFTWARE WILL OPERATE IN A MULTI-USER ENVIRONMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose,
IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Product Support and Updates. This SOFTWARE is intended to be user-friendly and limited product support is provided by Owner as specified in the ACCOMPANYING MATERIALS.
Jurisdiction. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE=S CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This Agreement may be modified only by a written instrument specifying the modification and executed by both parties. In the event that any provision of this Agreement shall be held to be unenforceable, such provision shall be enforced to the greatest possible extent, with the other provisions of this Agreement to remain in full force and effect.
Entire Agreement. This Agreement represents the entire agreement between the parties, and supersedes any oral or written communications, proposals or prior agreements between the parties or any dealers, distributors, agents or employees.
U.S. Government Restricted Rights. The SOFTWARE and the ACCOMPANYING MATERIALS is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. '52.227-7013). This provision only applies if the U.S. Government or any of its entities obtains this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and the ACCOMPANYING MATERIALS exclusively with private funds. Additionally, information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a trade secret of Owner for all purposes of the Freedom of Information Act or otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject to limited use as set forth in any contract that may be entered into between the seller and the governmental entity. Owner owns, in all respects, the proprietary information and proprietary data found in the SOFTWARE and the ACCOMPANYING MATERIALS.
U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the ACCOMPANYING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013 (also found at 48 C.F.R. '252.227-7013). Any U.S. Government use, duplication, or disclosure is subject to the restrictions including, but not limited to those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48 C.F.R. '252.227-7013) that may be amended from time to time.
NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice through this Agreement that any use of this SOFTWARE and the ACCOMPANYING MATERIALS is subject to similar limitations as those stated above, including but not limited to, those stated in Commercial Computer SOFTWARE -- Restricted Rights found in 48 C.F.R. '52.227-19, that may also be amended from time to time. Manufacturer is Owner at the location listed below.
U.S. Export Laws Prohibitions. By opening the sealed software packaging and/or installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the SOFTWARE's direct products are not being and will not be transported, exported or re-exported (directly or indirectly through the Internet or otherwise) into (or to a national or resident of) any country forbidden to receive such SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time. You also agree and confirm that the SOFTWARE and ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted by the same laws and regulations.
Termination. This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You do not comply with any Agreement provision. You can also end this Agreement by destroying the SOFTWARE and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from any client server or computer on which it has been installed.
Program Transfer. You may permanently transfer all of your rights under this Agreement, provided that the recipient agrees to all of the terms of this Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related documents and components and remove the SOFTWARE from Your computer prior. Transferring the SOFTWARE automatically terminates Your license under this Agreement.
Equitable Remedies You hereby agree that if the terms of this Agreement are not specifically enforced, Owner will be irreparably damaged, and therefore you agree that Owner shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any breach(es) of this Agreement, in addition to any other available remedies.
Owner If You have any questions regarding this Agreement, the enclosed materials, or otherwise, please contact in writing:
Gathering of Developers
2700 Fairmount Street
Dallas, Texas 75201
Attn: Customer Service
Railroad Tycoon II, the Railroad Tycoon II logo, Railroad Tycoon II - The Second Century, the Railroad Tycoon II - The Second Century logo, PopTop Software, and the PopTop logo are trademarks of PopTop Software, Inc. Copyright 1998,1999 PopTop Software, Inc. All Rights Reserved.
Gathering of Developers and godgames are trademarks of Gathering of Developers, Inc. Copyright 1998 Gathering of Developers I, Ltd. All Rights Reserved.
Microsoft and Windows 95, Windows 98 and Windows NT are registered trademarks of Microsoft Corporation. All other trademarks and trade names are properties of their respective owners.
