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Club KidSoft Volume 3 #2
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CKSPCV32.BIN
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demos
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bitjugg
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kwdemo
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license.txt
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1994-12-11
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PLEASE CAREFULLY READ THIS DOCUMENT BEFORE USING THE KIDS WORLD DEMO SOFTWARE.
By using the Kids World demonstration software you agree to be bound by all the
terms and conditions of the following license agreement. If you do not accept or
agree to any of the terms of the license agreement do not use the Kids World
demonstration software and remove it from you hard drive.
You may copy and distribute the original compressed "KWDEMO.ZIP" file but
not the individual application and accompanying files. This ensures that all
users receive a complete working copy of the demo including this license
agreement file.
BIT JUGGLERS, INC. ("BJI") grants you a personal, non-exclusive license to use
this copy of the software program and the accompanying documentation (the
"Software") according to the following terms and conditions:
1. LICENSE USE AND RESTRICTIONS
(a) You may install and use the Software in executable code format
on as many computers as you would like. You may give copies of this
demonstration software to your friends provided you give them the original
installation file which contains all of the program files including this license
agreement. You may not charge any fee for the use, copying, or distribution of
the Software.
(b) Except as expressly permitted by law, you may not modify,
translate, reverse engineer, decompile, disassemble or create derivative works
of the Software.
(c) You may not rent or grant any rights in the original or backup
copy of the Software, in full or in part, to any person except as provided
herein.
(d) You agree not to remove or alter any proprietary notices, labels
or marks on or in the Software.
(e) If you are an agency, department or other entity of the United
States government, you shall be subject to restrictions of Restricted Rights for
computer software developed at private expense as set forth in FAR 52.227-14,
FAR 52.227-19 and DOD FAR Supplement 227.471 and 252.227 - 7013(c)(1)(ii),
including Alternate III and successors thereof, as applicable.
Restricted Rights Notice: Use, reproduction, modification,
distribution, or disclosure of the Software is subject to restrictions set forth
in this contract and said regulations.
2. TITLE
You acknowledge and agree that all right, title and interest in and to
the Software, and all intellectual property rights therein, shall remain the
property of BJI or its vendors or licensors, as the case may be. You have a
license to use the software only and no ownership or proprietary rights to the
Software are transferred to you.
3. TERMINATION
This license is effective until terminated. This License will terminate
immediately without notice from Bit Jugglers, Inc. if you fail to comply with
any provision of this License. Upon termination you must destroy the software
and all copies thereof.
4. SOFTWARE LIMITED WARRANTY AND DISCLAIMER
(a) The contents of the Software are provided "AS IS" and
BJI does not warrant that the operation of the program will be uninterrupted or
error free. BJI's entire liability and your exclusive remedy under the foregoing
warranties shall be, at BJI's option, to replace the Software media or to refund
your license fee and terminate this License. This warranty will not apply to any
Software that has been modified by any person other than BJI, or to any defects
caused by your negligence.
(b) EXCEPT FOR THE ABOVE LIMITED WARRANTIES, BJI MAKES AND YOU
RECEIVE NO WARRANTIES, TERMS, OR CONDITIONS IN CONNECTION WITH THE SOFTWARE OR
IT'S MEDIA, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THE LICENSE
OR COMMUNICATION BETWEEN YOU AND BJI. BJI SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE ABOVE LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, BUT YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE.
5. LIMITATION OF LIABILITY
BJI'S LIABILITY UNDER OR ARISING OUT OF THIS LICENSE WITH RESPECT TO THE
SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED
THE AMOUNT THAT YOU PAID FOR THE SOFTWARE. IN NO EVENT WILL BJI BE LIABLE FOR
ANY DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL, COSTS OF COVER OR
OTHER SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING
FROM THE USE OF THE SOFTWARE OR ACCOMPANYING MEDIA, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BJI OR AN AUTHORIZED
DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. GENERAL
THIS LICENSE WILL BE CONSTRUED UNDER THE LAWS OF THE STATE OF
CALIFORNIA, EXCEPT FOR THAT BODY OF LAW DEALING WITH CONFLICTS OF LAW. If any
provision of this License shall be held by a court of competent jurisdiction to
be contrary to law, that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this License will remain in full
force and effect.