Micromanía 87/CDMM87_1.ISO/Sidrial/license.txt

Text File | 2002-01-14 | 11.0 KB | 240 lines

LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (this
"Agreement") is a legal agreement between you, the
end-user, and Fountainhead Entertainment, Inc.
("Fountainhead").  BY CONTINUING THE INSTALLATION
OF THE TOTAL CONVERSION TITLED SIDRIAL (THE
"SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE,
OR BY PLACING OR COPYING THE SOFTWARE 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.  Subject to the terms
and provisions of this Agreement and so long as
you fully comply at all times with this Agreement,
Fountainhead grants to you the non-exclusive and
limited right to use the Software only in
executable or object code form.  The term
"Software" includes all elements of the Software,
including, without limitation, data files and
screen displays.  You are not receiving any
ownership or proprietary right, title or interest
in or to the Software or the copyrights,
trademarks, or other rights related thereto.  For
purposes of the first sentence 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, and means the uses permitted in sections
2. and 4. herein below.  You agree that the
Software will not be downloaded, shipped,
transferred, exported or re-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 Software in violation of any applicable law.
The Software shall 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.  In exercising your
limited rights hereunder, you shall comply, at all
times, with all applicable laws, regulations,
ordinances and statutes.  Fountainhead reserves
all rights not granted in this Agreement,
including, without limitation, all rights to
Fountainhead's trademarks.  All other trademarks
and trade names are properties of their respective
owners.

2.    Permitted New Creations.  Subject to the
terms and provisions of this Agreement and so long
as you fully comply at all times with this
Agreement, Fountainhead grants to you the
non-exclusive and limited right to create for the
Software (except any Software code) your own
modifications (the "New Creations") which shall
operate only with the Software (but not any demo,
test or other version of the Software).  You may
include within the New Creations certain textures
and other images (the "Software Images") from the
Software.  You shall not create any New Creations
which infringe against any third party right or
which are libelous, defamatory, obscene, false,
misleading, or otherwise illegal or unlawful. You
agree that the New Creations will not be
downloaded, shipped, transferred, exported or
re-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 New Creations in violation of any
applicable law.  The New Creations shall 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 New
Creations.  You are only permitted to distribute,
without any cost or charge, the New Creations to
other end-users so long as such distribution is
not infringing against any third party right and
is not otherwise illegal or unlawful.  As noted
below, in the event you commit any breach of this
Agreement, your license and this Agreement shall
automatically terminate, without notice.

3.    Intellectual Property Rights.  Certain

printed materials (the "Printed Materials") may
accompany the Software. The Software, the Printed
Materials and all copyrights, trademarks and all
other conceivable intellectual property rights
related to the Software and the Printed Materials
are owned by Fountainhead 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 and the
Printed Materials like any other copyrighted
material, as required by 17 U.S.C., º101 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
New Creations complies with this Agreement.  You
agree that you are receiving a copy of the
Software and the Printed Materials by limited
license only and not by sale and that the "first
sale" doctrine of 17 U.S.C. º109 does not apply to
your receipt or use of the Software or the Printed
Materials. This section shall survive the
cancellation or termination of this Agreement.

4.    NO FOUNTAINHEAD WARRANTIES.  FOUNTAINHEAD
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTY OF
NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE,
THE PRINTED MATERIALS, THE SOFTWARE IMAGES AND
OTHERWISE.  THE SOFTWARE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY.  FOUNTAINHEAD DOES NOT WARRANT
THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE
SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL
REQUIREMENTS.  ADDITIONAL STATEMENTS, WHETHER ORAL
OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY
FOUNTAINHEAD AND SHOULD NOT BE RELIED UPON.  This
section shall survive the cancellation or
termination of this Agreement.

5.    Governing Law, Venue, Indemnity and
Liability Limitation.  This Agreement shall be
construed in accordance with and governed by the
applicable laws of the State of Texas and
applicable United States federal law.  Except as
set forth below, exclusive venue for all
litigation regarding this Agreement shall be in
Dallas County, Texas and you agree to submit to
the jurisdiction of the federal and state courts
in Dallas County, Texas for any such litigation.
You hereby agree to indemnify, defend and hold
harmless Fountainhead and Fountainhead's
respective officers, employees, directors, agents,
licensees (excluding you), sub-licensees
(excluding you), successors and assigns from and
against all losses, lawsuits, damages, causes of
action and claims relating to and/or arising from
the New Creations or the distribution or other use
of the New Creations or relating to and/or arising
from your breach of this Agreement.  You agree
that your unauthorized use of the Software Images,
the Printed Materials, or the Software, or any
part thereof, may immediately and irreparably
damage Fountainhead such that Fountainhead could
not be adequately compensated solely by a monetary
award, and in such event, Fountainhead's option,
that Fountainhead shall be entitled to an
injunctive order, in addition to all other
available remedies including a monetary award, to
prohibit such unauthorized use without the
necessity of Fountainhead posting bond or other
security.  IN ANY CASE, FOUNTAINHEAD AND
FOUNTAINHEAD'S RESPECTIVE OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS,
LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUSING
YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE
FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
PUNITIVE DAMAGES OR ANY OTHER DAMAGES ARISING FROM
ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY,
OR OTHER LEGAL THEORY EVEN IF FOUNTAINHEAD OR
THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH
DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM
BY ANY OTHER PARTY.  This section shall survive
the cancellation or termination of this Agreement.

6.    General Provisions.  Neither this
Agreement nor any part or portion hereof shall be
assigned or sublicensed by you.  Fountainhead may
assign its respective 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
of competent jurisdiction, the validity and
enforceability of the other provisions shall not
be affected thereby.  If any provision is
determined to be unenforceable by a court of
competent jurisdiction, 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
Fountainhead 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.  IMMEDIATELY UPON YOUR
FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR
PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED
HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY
TERMINATE, WITHOUT NOTICE, AND FOUNTAINHEAD MAY
PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH
ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS
AGREEMENT.  Immediately upon termination of this
Agreement, any and all rights you are granted
hereunder shall terminate, you shall have no right
to use the Software, the Printed Materials or the
New Creations, in any manner, and you shall
immediately destroy all copies of the Software,
the Printed Materials and the New Creations in
your possession, custody or control, and all
rights granted hereunder shall revert, without
notice, to and be vested in Fountainhead.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
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, IF
ANY, BETWEEN FOUNTAINHEAD AND YOU, THIS AGREEMENT
IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
RIGHTS AND LIABILITIES OF THE PARTIES HERETO,
RELATING TO THE SUBJECT MATTER HEREOF.  THIS
AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS,
PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
COMMUNICATIONS, IF ANY, BETWEEN FOUNTAINHEAD AND
YOU RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.