IN ORDER TO DOWNLOAD/INSTALL THE SOFTWARE, YOU MUST READ THE END-USER LICENSE AGREEMENT BELOW CAREFULLY AND INDICATE YOUR CONSENT TO BE BOUND BY THE TERMS THEREOF BY CLICKING ON THE "Accept" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU SHOULD CLICK ON THE "Decline" BUTTON TO END.
Grant of License. The software that accompanies this License, whether on CD-ROM, diskette or other tangible media, or available for download electronically, and the related documentation and other information herein (the "Game") are licensed to you by Kesmai Aries, Ltd. (the "Company") solely in accordance with the terms contained herein (the "License"). This License grants you a limited nonexclusive, nonsublicensable right to: (i) use the Game as the client portion of a client-server system where the server portion: (a) supports the Game; and (b) is operated by the Company or a third party licensed by the Company ("Licensee") (the "Service"); and (ii) play the Game in stand-alone mode on a single computer, to the extent the Game is specifically designed for stand alone play. Any multi-user use of the Game without connection to the Service is expressly forbidden.
You may make one copy of the Game for backup archival purposes only. You shall reproduce on the archival copy of the Game all copyright and other proprietary legends and notices that were on the original copy of the Game, and you may not remove, alter, cover, obfuscate or otherwise deface any such legends and notices. You may transfer your rights in the Game to another person provided that such person agrees to be bound by the terms of this License.
Restrictions. Your use of the Game is conditioned upon your compliance with: (i) the terms of this License; and (ii) theterms of the Service. The Game contains and/or embodies copyrighted material, trade secrets, patented inventions and other proprietary material of the Company. You may not: (a) reverse engineer, disassemble, decompile, modify, alter or create derivative works of any portion of Game; (b) rent, lease, loan or distribute the Game in whole or in part; or (c) use the Game or any portion thereof to create any tool or software product. Except as expressly provided by the License, no other licenses or rights are granted, expressly, or by implication or estoppel, now or in the future. The Company, or as appropriate, CompanyÆs licensors retain the title and ownership to the Game and all intellectual property rights embodied therein. All rights of the Company and that are not expressly granted to you are reserved and retained by the Company and/or its licensors. You acknowledge and agree that any unauthorized use of the Game would result in irreparable injury to the Company and/or its licensors for which money damages would be inadequate and in such event the Company and as applicable, its licensors, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Except for the limited distribution right provided under Section 1, you may not distribute the Game in any manner whatsoever. Any person or entity that desires to distribute the Game (whether on CD-ROM, diskette or other tangible media or through download electronically) must have express written permission from the Company. Inquiries on acquiring permission to distribute the Game may be directed to: Kesmai Aries, Ltd. , 230 Court Square, Charlottesville Virginia, 22902.
Disclaimer of Warranty. You expressly acknowledge and agree that the use of the Game is at your own sole risk. THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS LICENSE SHALL OBLIGATE THE COMPANY OR ANY OF ITS LICENSEES TO PROVIDE THE SERVICE. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE, UNDER THEORY OF CONTRACT, TORT, INDEMNITY, PRODUCT LIABILITYOR OTHERWISE, IRRESPECTIVE OF WHETHER THE COMPANY, ITS LICENSORS OR THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY USE OF THE GAME TO DISTRIBUTE ANY MATERIAL THAT IS DEFAMATORY, SLANDEROUS, LIBELOUS OR OBSCENE, THAT PORTRAYS ANY PERSON IN A FALSE LIGHT, THAT CONSTITUTES AN INVASION OF ANY RIGHT TO PRIVACY OR AN INFRINGEMENT OF ANY RIGHT TO PUBLICITY, THAT GIVES RISE TO ANY BREACH OF CONTRACT INVOLVING ANY THIRD PARTY OR TO ANY BUSINESS TORT OR SIMILAR CLAIM OF A THIRD PARTY OR ANY VIOLATION OF ANY FOREIGN, FEDERAL, STATE OR LOCAL STATUTE OR REGULATION, OR THAT OTHERWISE CAN BE REASONABLY LIKELY TO EXPOSE THE COMPANY AND/OR ITS LICENSORS TO CRIMINAL OR CIVIL ACTIONS.
This License is effective until terminated. You may terminate this License at any time by destroying the Game and all copies thereof. This License will terminate immediately without notice from the Company if: (i) you fail to comply with any provision of this License or the terms of the Service; or (ii) if the Company or its Licensees cease providing the Service. Upon notice from the Company of such event, you must destroy the Game and all copies thereof.
Government End Users. If you are acquiring the Game on behalf of any unit or agency of the United States Government, the following provisions shall apply. The Government acknowledges that: (i) the Game was developed at private expense and is not in the public domain; and (ii) the Game is "Restricted Computer Software" under Clause 52.227-19 of the Federal Acquisition Regulations ("FAR") and is "Commercial Computer Software" under Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement ("DFARS"). The Government further agrees that: (i) if the Game is supplied to the Department of Defense (DoD), the Game is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Game as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; (ii) if the Game is supplied to any unit or agency of the United States Government other than DoD, the Government's right in the Game and its documentation will be as defined in Clause 52.227-19)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR; and (iii) any use, duplication or disclosure by the Government is subject to restrictions as set forthin subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
Controlling Law and Severability. This License, any and all actions arising out of or in any manner affecting the interpretation of this License, shall be governed solely by, and construed solely in accordance with, the laws of the United States of America and Commonwealth of Virginia, provided that the U.N. Convention on Contracts for the International Sale of Goods shall not apply. To the extent permitted by law, the provisions of this License shall supersede any provisions of the Uniform Commercial Code as adopted or made applicable to this License in any competent jurisdiction. You hereby unconditionally and irrevocably consent to the exclusive jurisdiction and venue, as relevant, in the Courts of the Commonwealth of Virginia and in the U.S. Federal District Court, located in the City of Alexandria, Virginia and irrevocably waives any objection whatsoever (including any objection with respect to venue) that you may now or hereafter have to the jurisdiction or venue of said courts.
Legal Notices. Air Warrior is a registered trademark of Kesmai Aries, Ltd. Copyright 1996-1997 Kesmai Aries, Ltd.. All rights reserved.
