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- END USER LICENSE AGREEMENT
-
-
- YOU SHOULD READ THE FOLLOWING END USER LICENSE AGREEMENT (THE "AGREEMENT")
- CAREFULLY BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR
- OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE THAT YOU HAVE READ, THAT YOU
- UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- OPENING THE PACKAGING AND/OR USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF AND
- AGREEMENT TO THESE TERMS AND CONDITIONS.
-
- This software program (the "Program"), any printed materials, any on-line or
- electronic documentation, and any and all copies and derivative works of such
- software program and materials are the copyrighted work of HOT-B USA, Inc.
- ("Licensor"). All use of the Program is governed by the terms of this Agreement.
- The Program is solely for use by end users in accordance with the terms of this
- Agreement. Any use, reproduction or redistribution of the Program not in
- accordance with the terms of this Agreement is expressly prohibited and
- violative of this Agreement.
-
- 1. Grant of Limited Use License. The Licensor hereby grants, and by installing
- the Program you (as the "Licensee") thereby accept, a limited, non-exclusive
- license and right to install and use one (1) copy of the Program for your use on
- either a single home or portable computer for personal use only and no other
- purpose whatsoever. The Program is licensed, not sold. If the Program is
- installed on a networked system, or on a computer connected to a file server or
- other system that physically allows shared access to the Program, you agree to
- provide technical or procedural methods to prevent use of the Program by more
- than one user. Additional Programs (and license rights thereto) must be
- purchased for multiple users.
-
- 2. Ownership. No title to, or ownership of, the Program, is transferred to the
- Licensee. All title, ownership rights and intellectual property rights in and to
- the Program and any and all copies thereof (including but not limited to any
- titles, computer code, themes, objects, characters, character names, stories,
- dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical
- compositions, audio-visual effects, methods of operation, moral rights, any
- related documentation, and "applets" incorporated into the Program) are owned by
- the Licensor. The Program is protected by the copyright laws of the United
- States, international copyright treaties and conventions and other laws. All
- rights are reserved. The Program contains certain licensed materials and the
- Licensor may protect those rights in the event of any violation of this
- Agreement.
-
- 3. Your Responsibilities.
-
- A. Subject to the grant of License hereinabove, you may not, in whole or in
- part, copy, photocopy, reproduce, translate, reverse engineer, derive source
- code, modify, disassemble, decompile, create derivative works based on the
- Program, or remove or obscure any copyright, trademark or proprietary notices
- or labels on the Program without the prior written consent of the Licensor.
-
- B. You are entitled to use the Program for your own use, but you are not
- entitled to:
-
- (i) sell, grant a security interest in or transfer reproductions of the Program
- to other parties in any way, nor to rent, lease or license the Program to others
- without the prior written consent of the Licensor; or
-
- (ii) exploit the Program or any of its parts for any commercial purpose
- including, but not limited to, use at a cyber cafΘ, computer gaming center or
- any other location-based site.
-
- C. You have not been granted any trademark license as part of this Agreement and
- may not use the names or marks "HOT-B" or "BLACK BASS" or any rendition thereof
- for any purpose outside of the purpose stated herein. The names or marks "HOT-
- B" or "BLACK BASS" may not be used commercially or for advertisement.
-
- D. Except as provided for in this Section 3, no other license or rights are
- granted to you under any patent, copyright, trade secret, or other intellectual
- property rights by this Agreement, either directly or by implication, estoppel,
- or otherwise. By downloading, loading or using this Program, you recognize that
- the Program contains proprietary trade secrets belonging to the Licensor and
- therefore, you shall maintain confidentiality of such trade secrets using at
- least as great a degree of care as you use to maintain the confidentiality of
- your own most confidential information. If applicable, you will reasonably
- communicate the terms and conditions of this Agreement to your contractors and
- employees who come into contact with the Program, and use reasonable best
- efforts to ensure their compliance with such terms and conditions. You will not
- disclose any information relating to the Program except as set forth in this
- Agreement.
-
- 4. Program Transfer. You may permanently transfer all of your rights under this
- Agreement, provided the recipient agrees to the terms of this Agreement and you
- agree to remove the Program from your home or portable computer.
-
- 5. Termination. This Agreement is effective as of the time the Licensee receives
- the Program, and shall continue in effect until Licensee ceases all use of the
- Program and destroys all copies thereof, or until automatic termination upon
- your failure to comply with any terms of this Agreement.
-
- 6. Export Controls. The Program may not be re-exported, downloaded or otherwise
- exported into (or to a national or resident of) any country to which the U.S.
- has embargoed goods, or to anyone on the U.S. Treasury Department's list of
- Specially Designated Nationals or the U.S. Commerce Department's Table of Denial
- Orders. By installing the Program, you are agreeing to the foregoing and you are
- representing and warranting that you are not located in, under the control of,
- or a national or resident of any such country or on any such list.
-
- 7. Limited Warranty. Licensor warrant the Program to be free of defect(s) in
- workmanship for a period of ninety (90) days from date of purchase. During this
- period Licensor will replace at no cost any Program returned to the place of
- purchase with a valid receipt. This service is the Licensor's sole liability
- under this warranty.
-
- 8. Disclaimers. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
- IN RELATION TO THE LICENSED PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO
- PARTY NOR ITS RESPECTIVE EMPLOYEES, AGENTS, OR REPRESENTATIVES HAS ANY RIGHT TO
- MAKE ANY REPRESENTATION, WARRANTY OR PROMISE ON BEHALF OF THE LICENSOR WITH
- RESPECT TO THE PROGRAM.
-
- 9. Limitation of Liability. PURCHASE FEES FOR THE PROGRAM DO NOT INCLUDE ANY
- CONSIDERATION FOR ASSUMPTION OF RISK BY LICENSOR. NEITHER LICENSOR,
- SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY
- KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS
- OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
- OTHER COMMERCIAL DAMAGES OR LOSSES.
-
- 10. Equitable Remedies. You hereby agree that Licensor would be irreparably
- damaged if the terms of this Agreement were not specifically enforced, and
- therefore you agree that Licensor shall be entitled, without bond, other
- security, or proof of damages, to appropriate equitable remedies with respect to
- breaches of this Agreement, in addition to such other remedies as Licensor may
- otherwise have available to it under applicable laws.
-
- 11. Miscellaneous. This Agreement shall be deemed to have been made and executed
- in the State of California and any dispute arising hereunder shall be resolved
- in accordance with the law of California. You agree that any claim asserted in
- any legal proceeding by one of the parities against the other shall be commenced
- and maintained in any state or federal court located in the State of California,
- County of San Francisco, having subject matter jurisdiction with respect to the
- dispute between the parties. This Agreement may be amended, altered or modified
- only by an instrument in writing, specifying such amendment, alteration or
- modification, executed by both parties. In the event that any provision of this
- Agreement shall be held by a court or other tribunal of competent jurisdiction
- to be unenforceable, such provision will be enforced to the maximum extent
- permissible and the remaining portions of this Agreement shall remain in full
- force and effect. This Agreement constitutes and contains the entire agreement
- between the parties with respect to the subject matter hereof and supersedes any
- prior oral or written agreements.
-
- BASED ON THE ABOVE, I hereby acknowledge that I have read and understand the
- foregoing Agreement and agree that the action of installing the Program is an
- acknowledgment of my agreement to be bound by the terms and conditions of this
- Agreement contained herein. I also acknowledge and agree that this Agreement is
- the complete and exclusive statement of this Agreement between Licensor and me
- and that this Agreement supersedes any prior or contemporaneous agreement,
- either oral or written, and any other communications between Licensor and
- myself.
-