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- ========================= SOFTWARE LICENSE AGREEMENT ========================
-
-
- This is an Agreement between you, the END-USER, and DEVASOFT pertaining
- to the ownership, use, and distribution of AMY'S FUN-2-3 ADVENTURE (the
- "SOFTWARE"). By placing or copying the SOFTWARE onto your computer hard
- drive, or installing the SOFTWARE onto your computer, or loading or running
- the SOFTWARE, you are agreeing to be bound by the terms of this Agreement.
-
-
- 1. DEFINITIONS
-
- For purposes of this Agreement and at any time during the term of this
- Agreement, the following terms shall have the respective meanings indi-
- cated:
-
- A. The term "SOFTWARE" shall mean the SHAREWARE VERSION of AMY'S FUN-2-3
- ADVENTURE distributed and copyrighted by DEVASOFT. THIS LICENSE does
- not apply to DEVASOFT'S non-shareware retail programs, which may only
- be distributed by DEVASOFT or authorized DEVASOFT DEALERS after written
- approval from DEVASOFT and execution of our VENDOR'S LICENSING AGREEMENT
- as described in the VENDOR.DOC file.
-
- B. The term "END-USER" shall mean any third party which obtains the
- SOFTWARE for its own use.
-
- C. The term "DEALER" shall mean any independent sales organization,
- distributor, retail store or other third party marketing entity.
-
- D. The term "COMMERCIALLY DISTRIBUTE" shall mean to distribute the
- SOFTWARE for money or other considerations. It includes distribut-
- ing the SOFTWARE on CD-ROMs, bundling the SOFTWARE with hardware, or
- distributing the SOFTWARE in a retail environment (such as on a rack).
-
- E. The term "TRADEMARKS" shall refer to the name of the SOFTWARE, the
- character AMY and the name DEVASOFT, which are trademarks of DEVASOFT.
-
-
- 2. GRANT OF LICENSE
-
- DEVASOFT grants to you the right to use this SOFTWARE. For purposes of
- this section, "use" means loading the SOFTWARE into RAM, as well as
- installing the SOFTWARE on a hard disk or other storage device. You
- may not reverse engineer, decompile, translate, disassemble, modify,
- or create derivative works based upon the SOFTWARE. You agree that the
- SOFTWARE will not be shipped, transferred or exported into any country
- in violation of the U.S. Export Administration Act and that you will
- not utilize, in any other manner, the SOFTWARE in violation of any
- applicable law.
-
-
- 3. OWNERSHIP AND COPYRIGHT
-
- This SOFTWARE is owned by DEVASOFT and is protected by United States
- copyright laws and international treaty provisions. You must treat the
- SOFTWARE just like any other copyrighted material with the following
- provisions and exceptions in sections 3a, 4, and 5 of this Agreement.
-
- A. You may make copies of the SOFTWARE to give to other END-USERS as long
- as no files originally distributed with the SOFTWARE by DEVASOFT are
- altered or removed.
-
-
- 4. DISTRIBUTION BY MODEM
-
- DEVASOFT allows and encourages bulletin board systems and online services
- to distribute this SOFTWARE as long as no files originally distributed
- with the SOFTWARE by DEVASOFT are altered or removed.
-
-
- 5. DISTRIBUTION BY SHAREWARE VENDORS
-
- DEVASOFT allows Shareware Vendors to distribute this SOFTWARE alone on a
- floppy disk with the following conditions:
-
- A. You explain the shareware concept and describe the SOFTWARE as share-
- ware.
-
- B. You credit Devasoft as the publisher of this SOFTWARE in all catalog
- descriptions and any other written descriptions.
-
- C. You make every effort to sell the latest version of this SOFTWARE.
-
- D. You may not alter or delete any files of the SOFTWARE. If you like,
- you may add your own installation routines with this SOFTWARE.
-
- E. You may sell the SOFTWARE for a maximum of $9.00 (Nine US Dollars).
-
- F. Other than installation routines, no other programs may be included
- with this SOFTWARE.
-
-
- 6. COMMERCIAL DISTRIBUTION
-
- You may not COMMERCIALLY DISTRIBUTE this SOFTWARE without first receiving
- DEVASOFT's prior written consent and executing our VENDOR'S LICENSING
- AGREEMENT as specified in the VENDOR.DOC file.
-
-
- 7. THIS SOFTWARE IS PROVIDED "AS-IS". DEVASOFT MAKES NO EXPRESS OR IMPLIED
- WARRANTIES OF ANY KIND CONCERNING THE MERCHANTABILITY OR FITNESS FOR A
- PARTICULAR PURPOSE OF THIS SOFTWARE. IT IS THE SOLE RESPONSIBILITY OF
- THE END-USER TO DETERMINE THE SUITABILITY OF THE SOFTWARE FOR ANY PURPOSE.
- IN NO EVENT WILL DEVASOFT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
- CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE OR MALFUNCTION OF
- THIS SOFTWARE. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
- PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY
- DEVASOFT AND SHOULD NOT BE RELIED UPON.
-
-
- 8. MISCELLANEOUS PROVISIONS
-
- A. This Agreement constitutes the entire understanding and agreement
- between the END-USER and DEVASOFT and supersedes any and all prior or
- contemporaneous oral or written communications with respect to the
- subject matter hereof, all of which are merged herein. When you run
- the installation process of the SOFTWARE, or place or copy the
- SOFTWARE onto your computer hard drive, or load or run the SOFTWARE,
- you agree to be bound by the terms and conditions of this Agreement.
-
- B. In the event that any provision hereof is found invalid or unenforce-
- able pursuant to judicial decree or decision, the remainder of the
- Agreement shall remain valid and enforceable according to its term.
- If any provision is determined to be unenforceable, you agree to a
- modification of such provision to provide for enforcement of the pro-
- vision's intent, to the extent permitted by applicable law. Without
- limiting the foregoing, it is expressly understood and agreed that
- each provision of this Agreement which provides for a limitation
- liability, disclaimer of warranties or exclusion of damages shall be
- severable and independent of any other such provision and enforceable
- as such. Further, it is expressly understood and agreed that in the
- event any remedy hereunder is determined to have failed in its essen-
- tial purpose, all limitations of liability and exclusions of damages
- set forth herein shall remain in effect.
-
- C. Failure of a party 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.
-
- D. If you fail to comply with any of the terms of this Agreement, your
- license shall be automatically terminated.
-
- E. This Agreement shall be construed and enforced in accordance with the
- laws of the State of California and subject to the jurisdiction of the
- courts therein.
-
-