SAFARI BIATHLON RACER - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SAFARI BIATHLON RACER SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. The Softwrap version of the Safari Biathlon Racer program (the "SOFTWARE") can be used in two different modes: a demo mode and a purchased mode. "You" means the company, entity, or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing, or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other hardware product or other company, entity, or individual.
1.1 DEMO MODE. Nikita Ltd. grants you a license to use the SOFTWARE on any computer as long as the terms of this license agreement are respected. When you first install a copy of the SOFTWARE, you are granted an evaluation version of the SOFTWARE limited by certain features. To activate the SOFTWARE into a purchased mode you must purchase a license for the SOFTWARE. This license is not transferable to any other hardware product or other company, entity, or individual.
1.2 PURCHASED MODE. The Softwrap version of the SOFTWARE can only be installed once on your computer. Hard drive failure, or installation on a new computer, will render the SOFTWARE unusable. In such an event, you must phone the Softwrap toll-free numbers (Canada - 1 877 687 7166, United Kingdom - 0 800 917 2110, USA - 1 800 221 8984, Australia - 1 800 129 251, New Zealand - 0 800 441 133) and show proof of purchase via a transaction number to unwrap the SOFTWARE for further use. This will only be done once for the transfer to a new computer or disk, and thereafter the SOFTWARE must be repurchased.
1.2.1 CREDIT CARD PURCHASE. To ensure that no charge back has occurred on the credit card purchase the SOFTWARE will cause your computer to dial in once a month for seven months after purchase. If the dial in does not obtain confirmation that there has been no charge back, the Softwrap software will render the SOFTWARE unusable. If no Internet dial-in connection is possible, the User will be required to call Softwrap's toll-free number to obtain a code in the event that no charge back has occurred.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Nikita Ltd.. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
2.1 SOFTWRAP. The software code for constraining the use of the SOFTWARE, and protecting against unauthorized access to or use of the SOFTWARE, as well as enabling the purchase of the SOFTWARE through the Softwrap services, is owned and copyrighted by SOFTWRAP LIMITED.
3. COPYRIGHT. The SOFTWARE is protected by the United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Nikita Ltd. and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
5. BUNDLING. In no case may the SOFTWARE be bundled with hardware or other software without written permission from Nikita Ltd. (safari@nikitainteractive.com).
6. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277 -7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is Nikita Ltd., (safari@nikitainteractive.com).
7. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. NIKITA LTD. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER NIKITA LTD. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF NIKITA LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO NIKITA LTD..
8. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL NIKITA LTD. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF NIKITA LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NIKITA LTD.'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
10. GOVERNING LAW. This agreement shall be governed by the laws of the State of California, the United States of America, excluding the application of its conflicts of law rules, and shall inure to the benefit of Nikita Ltd. and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a COURT of competent jurisdiction located in the State of California, the United States of America. The parties hereby consent to the jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. INSPECTION AND TESTING. You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement of your use. Any suit or other legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed or officially commenced no later than 90 days after your first use of the software.
12. ENTIRE AGREEMENT. This is the entire agreement between you and Nikita Ltd., which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this
