YOU MUST READ THE FOLLOWING CAREFULLY AND AGREE TO IT BEFORE RUNNING CURIO STRIP™. IF YOU DO NOT ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS LICENSE, PLEASE DO NOT RUN CURIO STRIP™
You acknowledge and agree that the Curio Strip™ application and all its associated files ("CURIO STRIP") are proprietary products of Steve Nelson, dba PowWow ("LICENSOR"), protected under United States copyright laws. You further acknowledge and agree that all rights, title, and interest in and to CURIO STRIP, including all associated intellectual properties, are and shall remain with LICENSOR.
LICENSOR grants you a nonexclusive License to use CURIO STRIP on a single computer and to make one copy of CURIO STRIP onto a single computer system, subject to the terms of the following shareware fee.
CURIO STRIP is licensed to you for evaluation and further use as described in this section. Beyond the evaluation, you must pay for using CURIO STRIP. The evaluation and shareware fee system for CURIO STRIP is simple and generous. Within the CURIO STRIP application there are three buildings that you may enter and explore. You may enter and explore any one building for free. If you enter a second building, you must pay a shareware fee of $5. If you enter a third building, you must pay a shareware fee of $10.
Please send payment to:
PowWow
P.O. Box 7009-277
Lafayette, CA 94549
Upon our receipt of this payment, you will be registered as an honorable user. You may use the file called “Print Me” to assist you in registration. The access code for Curio Strip is “4267”. You will be asked to type this in when you launch the program.
Users of Curio Strip™ must accept this disclaimer of warranty:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF CURIO STRIP IS AT YOUR SOLE RISK. CURIO STRIP IS SUPPLIED AS IS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.
Users of Curio Strip™ must accept this limitation of liability:
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE CURIO STRIP EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE SHAREWARE FEE YOU PAY FOR CURIO STRIP.
If any action is brought by any party to this License agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys fees and expenses of litigation.
6. CONTROLLING LAW AND SEVERABILITY
This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
