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69 lines
5.4 KiB
Plaintext
69 lines
5.4 KiB
Plaintext
LIMITED USE SOFTWARE LICENSE AGREEMENT
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This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Daniel Xie,
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the creator of the software, hereafter referred to as the Creator.
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By downloading or purchasing the software material, which includes source code (the "Source Code"), artwork data, music and software
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tools (collectively, the "Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms
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of this Agreement, promptly destroy the Software you may have downloaded or copied.
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SOFTWARE LICENSE
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1. Grant of License. The Creator grants to you the right to use the Software. You have no ownership or proprietary rights in or to
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the Software, or the Trademark. For purposes of this section, "use" means loading the Software into RAM, as well as installation
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on a hard disk or other storage device. The Software, together with any archive copy thereof, shall be destroyed when no longer
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used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not
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be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing
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such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.
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2. Permitted Uses. For educational purposes only, you, the end-user, may use portions of the Source Code, such as particular
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routines, to develop your own software, but may not duplicate the Source Code, except as noted in paragraph 4. The limited
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right referenced in the preceding sentence is hereinafter referred to as "Educational Use." By so exercising the Educational
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Use right you shall not obtain any ownership, copyright, proprietary or other interest in or to the Source Code, or any portion
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of the Source Code. You may dispose of your own software in your sole discretion. With the exception of the Educational Use right,
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you may not otherwise use the Software, or an portion of the Software, which includes the Source Code, for commercial gain.
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3. Prohibited Uses: Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially
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exploit the Software. Neither you nor anyone at your direction shall do any of the following acts with regard to the Software,
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or any portion thereof:
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Rent;
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Sell;
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Lease;
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Offer on a pay-per-play basis;
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Distribute for money or any other consideration; or
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In any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose.
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Notwithstanding the foregoing prohibitions, you may commercially exploit the software you develop by exercising the Educational
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Use right, referenced in paragraph 2. hereinabove.
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4. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the
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Software or depicted in the Software) are owned by the Creator and is protected by United States copyright laws and international treaty
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provisions. The creator shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you
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shall have no ownership or other proprietary interest in such materials. You must treat the Software like any other copyrighted
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material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the
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written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed
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hereunder complies with this Agreement.
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5. NO WARRANTIES. The Creator DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
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LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. the Creator DOES NOT WARRANT THAT THE OPERATION
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OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU
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OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF THE CREATOR ARE NOT AUTHORIZED
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TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF THE CREATOR.
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Exclusive Remedies. The Software is being offered to you free of any charge. You agree that you have no remedy against the creator,
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its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless
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of the form of action, whether in contract, tort, includinegligence, strict liability or otherwise, with regard to the Software.
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This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Copyright and other
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proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, THE CREATOR SHALL NOT BE LIABLE
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FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING
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FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE CREATOR OR ITS AGENT HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of
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incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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