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Gold Medal Software 3
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Gold Medal Software - Volume 3 (Gold Medal) (1994).iso
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edgflw.arj
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LICENSE.DOC
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1993-12-26
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LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a legal
agreement between you, the end-user, and Pacestar Software.
By continuing the installation of this program, by loading or running
the tool, or by placing or copying the program onto your computer
hard drive, you are agreeing to be bound by the terms of this Agreement.
PACESTAR SOFTWARE LICENSE
1. Grant of License. Pacestar grants to you the right to use the
the shareware version of the Pacestar Software program (the "Software").
For purposes of this section, "use" means loading the Software into RAM,
as well as installation on a hard disk or other storage device.
You may not: modify, translate, disassemble, decompile, reverse engineer,
or create derivative works based upon the Software. You agree that the
Software will not be shipped, transferred or exported into any country in
violation of the U.S. Export Administration Act and that you will not
utilize, in any other manner, the Software in violation of any applicable
law.
2. Copyright. The Software is owned by Pacestar and is protected by
United States copyright laws and international treaty provisions.
You must treat the Software like any other copyrighted material, except that
you may make copies of the Software to give to other persons.
You may not charge or receive any consideration from any other person for
the receipt or use of the Software without receiving Pacestar's prior written
consent as specified in the VENDOR.DOC file. You agree to use your best
efforts to see that any user of the Software licensed hereunder complies
with this Agreement.
3. Limited Warranty. Pacestar warrants that if properly installed and
operated on a computer for which it is designed, the Software will perform
substantially in accordance with its designed purpose for a period of ninety
(90) days from the date the Software is first obtained by an end-user.
Pacestar's entire liability and your exclusive remedy shall be, at Pacestar's
option, either (a) return of the retail price paid, if any, or (b) repair or
replacement of the Software that does not meet Pacestar's Limited Warranty.
To make a warranty claim, return the Software to the point of purchase,
accompanied by proof of purchase, your name, your address, and a statement of
defect, or return the Software with the above information to Pacestar.
This Limited Warranty is void if failure of the Software has resulted in
whole or in part from accident, abuse, misapplication or violation of this
Agreement. Any replacement Software will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer.
This warranty allocates risks of product failure between Licensee and
Pacestar. Pacestar's product pricing reflects this allocation of risk and
the limitations of liability contained in this warranty.
4. NO OTHER WARRANTIES. PACESTAR DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
FROM JURISDICTION TO JURISDICTION. PACESTAR DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
DISTRIBUTORS, AND DEALERS OF PACESTAR ARE NOT AUTHORIZED TO MAKE MODIFICATIONS
TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF PACESTAR. ADDITIONAL
STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
WRITTEN, DO NOT CONSTITUTE WARRANTIES BY PACESTAR AND SHOULD NOT BE RELIED
UPON.
5. Exclusive Remedies. You agree that your exclusive remedy against
Pacestar, its affiliates, contractors, suppliers, and agents for loss or
damage caused by any defect or failure in the Software regardless of the form
of action, whether in contract, tort, including negligence, strict liability
or otherwise, shall be the return of the retail purchase price paid, if any,
or replacement of the Software. This Agreement shall be construed in
accordance with and governed by the laws of the State of Arizona. Copyright
and other proprietary matters will be governed by United States laws and
international treaties. IN ANY CASE, PACESTAR SHALL NOT BE LIABLE FOR LOSS OF
DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF PACESTAR OR ITS AGENT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
6. General Provisions. Neither this Agreement nor any part or portion
hereof shall be assigned or sublicensed, except as described herein. Should
any provision of this Agreement be held to be void, invalid, unenforceable or
illegal by a court, the validity and enforceability of the other provisions
shall not be affected thereby. If any provision is determined to be
unenforceable, you agree to a modification of such provision to provide for
enforcement of the provision's intent, to the extent permitted by applicable
law. Failure of a party to enforce any provision of this Agreement shall not
constitute or be construed as a waiver of such provision or of the right to
enforce such provision. If you fail to comply with any terms of this
Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS
AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
SEPARATE AGREEMENTS BETWEEN PACESTAR AND YOU, THIS AGREEMENT IS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS
AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS,
AND ANY OTHER COMMUNICATIONS BETWEEN PACESTAR AND YOU RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.