| End User License Agreement |
| YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT |
| BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE |
| USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS |
| AGREEMENT. |
| |
| This software program (the "Program"), any printed materials, any |
| on-line or electronic documentation (the "Manuals"), and any and all |
| copies and derivative works of such software program are the |
| copyrighted work of Linux Game Publishing LTD and its licensors. All |
| rights reserved, except as expressly stated herein. All use of the |
| Program is governed by the terms of this End User License Agreement |
| ("License Agreement"). The Program is solely for use by end users |
| according to the terms of the Licence Agreement. Any use, reproduction |
| or redistribution of the Program not in accordance with the terms of |
| the Licence Agreement is expressly prohibited. |
| |
| 1. Limited Use License. Linux Game Publishing ("LGP") hereby grants, |
| and by installing the Program you 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 home, business, or portable |
| computer. The Program is licensed not sold. Your license confers no |
| title or ownership in the Program. |
| |
| 2. Ownership. 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, and any related documentation, and "applets" incorporated into |
| the Program) are owned by LGP and its licensors. The Program is |
| protected by the copyright laws of the United Kingdom, international |
| copyright treaties and conventions and other laws. All rights are |
| reserved. The Program contains certain licensed materials and LGP's |
| licensors may protect their rights in the event of any violation of |
| this Agreement. |
| |
| 3. Responsibilities of End User. |
| 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 any proprietary notices or |
| labels on the Program without the prior written consent of LGP. |
| B. The Program is licensed to you as a single product. Its component |
| parts may not be separated for use on more than one computer. |
| C. 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 LGP; or (ii) exploit the Program or any of its parts for |
| any commercial purpose including, but not limited to, use at a cyber |
| cafe, computer gaming center or any other location-based site. LGP may |
| offer a separate Site License Agreement to permit you to make the |
| Program available for commercial use. Contact LGP for details. |
| |
| 4. Program Transfer. You may transfer all of your rights |
| under this License Agreement, provided the recipient agrees to the |
| terms of this License Agreement. |
| |
| 5. Termination. The License Agreement is effective until |
| terminated. You may terminate the License Agreement at any time by |
| destroying the Program. LGP may, at its discretion, terminate this |
| License Agreement in the event that you fail to comply with the terms |
| and conditions contained herein. In such event, you must immediately |
| destroy the Program. |
| |
| 6. Export Controls. The program may not be re-exported, downloaded, |
| otherwise exported into (or to a national or resident of) any country |
| to whom it would be illegal to export the Program under UK law. |
| |
| 7. Limited Warranty. Except as expressly and unambiguously set forth |
| in this paragraph 7, LGP and its licensors disclaim any warranty for |
| the Program, Editor and Manual(s). The Program, Editor and Manual(s) |
| are provided "as is" without any warranty of any kind, either express |
| or implied, including, without limitation, the implied warranties of |
| merchantability, fitness for a particular purpose, or |
| noninfringement. The entire risk arising out of use or performance of |
| the Program, Editor, and Manual(s) remains with the User, however LGP |
| warrants up to and including 90 days from the date of your purchase of |
| the Program that the media containing the Program shall be free from |
| defects in material and workmanship. In the event that the media |
| proves to be defective during that time period, and upon presentation |
| to LGP of proof of purchase of the defective Program, LGP will at its |
| option: (i) correct any defect; (ii) provide a replacement copy of the |
| same product; or (iii) refund your money. |
| |
| 8. Limitation of Liability. NEITHER LGP, ITS LICENSORS NOR ANY PARENT, |
| SUBSIDIARY OR AFFILIATE OF THE FOREGOING SHALL BE LIABLE IN ANY WAY |
| FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, |
| EDITOR, AND MANUAL(S) INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, |
| WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| COMMERCIAL DAMAGES OR LOSSES. |
| |
| 9. Equitable Remedies. You hereby agree that LGP would be irreparably |
| damaged if the terms of this License Agreement were not specifically |
| enforced, and therefore you agree that LGP shall be entitled, without |
| bond, other security, or proof of damages, to appropriate equitable |
| remedies with respect to breaches of this License Agreement, in |
| addition to such other remedies as LGP may otherwise have available to |
| it under applicable laws. In the event that any litigation is brought |
| by either party in connection with this License Agreement, the |
| prevailing party in such litigation shall be entitled to recover from |
| the other party all the costs, attorney's fees and other expenses |
| incurred by such prevailing party in the litigation. |
| |
| 10. Limitations on License. Nothing in this License Agreement shall |
| preclude you from making or authorizing the making of copies of |
| the Program provided, however, that all copies are complete and exact |
| copies of the original, including this license. |
| |
| 11. Miscellaneous. This License Agreement shall be deemed to have been |
| made and executed in the United Kingdom and any dispute arising |
| hereunder shall be resolved in accordance with the laws of the UK. You |
| agree that any claim asserted in any legal proceeding by one of the |
| parties against the other shall be commenced and maintained in the |
| appropriate court located in Nottingham, England, having subject |
| matter jurisdiction with respect to the dispute between the |
| parties. This License 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 License Agreement shall be held by a court |
| or other tribunal of competent jurisdiction shall be unenforceable, |
| such provision will be enforced to the maximum extent permissible and |
| the remaining portions of this License Agreement shall remain in full |
| force and effect. This License Agreement constituted and contains the |
| entire agreement between the parties with respect to the subject |
| matter hereof and supersedes any prior oral or written agreements. You |
| hereby acknowledge that you have read and understand the forgoing |
| License Agreement and agree that the action of installing the Program |
| is an express acknowledgment of your agreement to be bound by the |
| terms and conditions of this License Agreement. You also acknowledge |
| and agree that this License Agreement is the complete and exclusive |
| statement of the agreement between you and LGP and that this License |
| Agreement supersedes any prior or contemporaneous agreement, either |
| oral or written, and any other communications between you and LGP. |
| |
| Linux Game Publishing LTD |
| 17 Rossington Road |
| Nottingham, NG2 4HX, England |