» version 1.01 - posted on 2007-12-23
EULA - End User License Agreement
ArcadeMaxx - License Agreement Copyright © 2003,2007 Glenn Jarvis All Rights Reserved UPDATED DECEMBER 23,2007 Usage of this software requires compliance with this license. If you do not agree to the following terms, please do not use, install, or distribute this software.
1.1 For the purpose of this Agreement, "Software" shall mean the software you are about/have installed, including but not limited to any updates, modifications, revisions, copies, and associated documentation provided by the author and its licensors.
2.0 Grant of License.
2.1 Evaluation Terms and Conditions. You may use this Software soley for evaluation purposes without charge as described in the loading display.You are free to distribute exact copies of the Software to anyone. You are prohibited from selling, or requesting donations, for any copies of the Software you distribute. You must include a copy of this license with any copy of the Software. You may not remove or alter any identification, proprietary notice, label, or trademarks which appear on or in the Software.If you are a website that offers evaluation software on cd for a modest charge, you have limited permission to do so as long as the end user fully understands that the fee you charge is NOT a registration and/or full version of said software. If you list the evaluation edition on your website, you are not permitted to alter the PAD file. Doing so without written consent from ArcadeMaxx will result in full legal action. Written consent is given on our letterhead and no other form whether technologically or otherwise is acceptable. 2.2 Full Version Terms and Conditions. Continued use of the Software after the terms shown in the loading display requires purchase of a full version. If you have not purchased the full version, you may do so by visiting the authors website on the Internet. After you have purchased the required key or full version, you may personally use the Software on only one computer , or allow multiple persons to nonsimultaneously use the Software on a single computer. This is not a concurrent use license. If the Software is installed on a network server and accessed by multiple workstations, you must purchase a copy for each computer on which the Software is used. You may not provide third parties access to the Software in connection with a service bureau, application service provider, or similar business, or use the Software in a business to provide a gaming environment. Full (purchased) versions & or keys are NOT to be distributed under ANY circumstances. 2.3 You may not remove or alter any identification, proprietary notice, label, or trademarks which appear on or in this program, nor give anyone permission to do so. 2.4 All rights of any kind in the Software which are not expressly granted in this license are entirely and exclusively reserved to and by the author and its licensors.
3.0 Restrictions. 3.1 The information contained in the Software is confidential and proprietary to the author and I retain title to all copyright,patent, trademark, trade secrets, and other proprietary rights embodied in or related to the Software.
3.2 THE SOFTWARE CANNOT BE MODIFIED. YOU MAY NOT DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE SOFTWARE. FULL VERSIONS AND OR REGISTRATION KEYS ARE NOT TO BE DISTRIBUTED UNDER ANY CIRCUMSTANCES. ANY BREACH TO THIS AGREEMENT WILL RESULT IN THE AUTHOR TAKING ALL LEGAL ACTION POSSIBLE WITH THE OFFENDING PARTY BEING RESPONSIBLE FOR ALL COSTS AND LOSSES.
4.1 This license is effective until terminated with or without notice. Failure to comply with any provision provided in this Agreement or the use of the Software in a way not authorized or permitted under this Agreement will result in an automatic termination of this license. You agree upon such termination to destroy or dispose of the Software.
4.2 Paragraph 2.4 and Sections 3.0, 5.0, 6.0, and 7.0, including all paragraphs therein, shall survive termination this Agreement. All other rights and obligations of the Parties shall cease upon termination.
5.0 Upgrades, Maintenance and Support.
5.1 During the term of this Agreement, the author is under no obligation to provide upgrades, maintenance, or installation for the Software. The author may provide support for the Software as governed by the documentation, and other materials related to and included with the Software. The author reserves the right to revoke or modify support provided for the Software at any time, for any or no reason.
6.0 Limited Warranty and Remedies.
6.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
6.2 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR A REPRESENTATION BY THE AUTHOR THAT THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THE AUTHOR HEREBY EXPRESSLY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING AS A RESULT OF OR IN CONNECTION WITH ANY CLAIM OR SUIT ALLEGING THAT THE DISTRIBUTION OR USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY.
6.3 IN NO EVENT WILL THE AUTHOR OR ITS LICENSORS BE LIABLE FOR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNDER ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR NOT THE AUTHOR OR ITS LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. IN ANY EVENT, THE AUTHOR OR ITS LICENSORS LIABILITY ARISING OUT OF THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF GOODS OR SERVICES HEREUNDER WILL BE LIMITED TO THE GREATER OF U.S. $1.00 OR THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.
6.4 Some provinces do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 6.5 This warranty gives you specific legal rights, and you may also have other rights which vary from province to province.
7.1 You agree to obtain any necessary export license or other documentation prior to exportation of the Software and you shall not export the Software or the direct product thereof in violation of the Canada or other countries export control laws. 7.2 This Agreement will be governed by the laws of the Province of Ontario. You agree to submit to the exclusive jurisdiction of the courts in the Province of Ontario for the resolution of any dispute or claim arising out of or relating to this Agreement.
7.3 The prevailing party in any legal action arising out of this Agreement shall be entitled to reimbursement for its expenses, including court costs and reasonable attorneys fees, in addition to any other rights and remedies such party may have. 7.4 BY INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT RELATED TO THE SUBJECT MATTER HEREOF,SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT,ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE AUTHOR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.