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Fun & Games 30
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qbob1612
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legal.txt
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1996-11-23
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15KB
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279 lines
I. LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (heretofore referred to as
the "Agreement") is a legal agreement between you, the end-user, and
MoonRock Software, Incorporated. (heretofore referred to as "MoonRock").
By continuing the installation of this game program, by loading or
running the game, or by placing or copying the game program onto your
computer hard drive, you are agreeing to be bound by the terms of this
Agreement.
MOONROCK SOFTWARE LICENSE
1. Grant of License. MoonRock grants to you the right to use the
QBob(tm) game program (heretofore referred to as 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
devices. You shall not: rent, lease, sell, distribute for money
or other consideration, 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 (or any other law governing such
matters) and that you will not utilize, in any other manner, the
Software in violation of any applicable law.
2. Commercial Use is Prohibited: Under no circumstances shall you,
the end user, be permitted, allowed or authorized to commercially
exploit the Software.
Neither you nor anyone at your direction shall do the following acts:
a. Rent the Software;
b. Sell the Software;
c. Lease the Software;
d. Offer the Software on a pay-per-play basis;
e. Distribute the Software for money or other consideration; or
f. In any manner and through any medium whatsoever commercially
exploit the software or use the software for any commercial
purpose.
3. Electronic Distribution is Permitted: MoonRock grants to you the
right to distribute, royalty free and by electronic means only,
the Software; provided, however the Software must be so distributed
only in compressed format. Please see Section II. of this document,
Limited Distribution Software License Agreement.
4. Copyright. The Software is owned and exclusively distributed by
MoonRock 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, but you may not distribute the
registration password which unlocks the full version of the Software.
You may not charge or receive any
consideration from any other person for the receipt or use of the
Software without receiving the prior written consent of MoonRock.
You may not charge or receive any consideration from any other person
for the receipt or use of a registration password which unlocks the
full version of the software. You may not transfer ownership of the
full version of the software or the registration password to any other
party under any conditions.
You agree to use your best efforts to see that any user of the
Software licensed hereunder complies with this Agreement.
5. Limited Warranty. MoonRock 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. MoonRock's entire liability and your
exclusive remedy shall be, at MoonRock's option, either (a) return
of the retail price paid, if any, or (b) repair or replacement of the
Software that does not meet MoonRock's Limited Warranty. To make a
warranty claim, send your written statement of defect to MoonRock,
accompanied by proof of purchase, your name, and your address, or
return the Software with the above information to MoonRock. 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 MoonRock. MoonRock's product pricing
reflects this allocation of risk and the limitations of liability
contained in this warranty.
6. NO OTHER WARRANTIES. MOONROCK 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.
MOONROCK 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 MOONROCK ARE NOT AUTHORIZED TO MAKE
MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES
ON BEHALF OF MOONROCK. ADDITIONAL STATEMENTS SUCH AS
DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
WRITTEN, DO NOT CONSTITUTE WARRANTIES BY MOONROCK AND
SHOULD NOT BE RELIED UPON.
7. Exclusive Remedies. You agree that your exclusive remedy against
MoonRock, 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 Delaware. Copyright and
other proprietary matters will be governed by United States laws and
international treaties. IN ANY CASE, MOONROCK 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
MOONROCK OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
UNDER NO CIRCUMSTANCES WILL WE PROVIDE ANY OTHER
REMEDY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM THE
USE OR DISTRIBUTION OF THIS SOFTWARE, INCLUDING SUCH FROM
NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR
CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES.
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.
8. 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 MOONROCK
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 MOONROCK AND YOU RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
II. LIMITED DISTRIBUTION SOFTWARE LICENSE AGREEMENT
This license pertains to the software: QBob (tm)
(heretofore referred to as the "Game" or as the "Software").
Copyright 1996 MoonRock Software Inc.
1315 Madison St., Suite #191
Seattle, WA 98104
All rights reserved.
BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE
YOUR AGREEMENT TO THIS LICENSE
1. DEFINITIONS: The "Trademarks" consist of the "MoonRock Software
Inc." words and logo, the name of the Game, game characters, and
all other marks used by MoonRock in connection with the Game.
Other trademarks used for description or comparison purposes are
the property of their respective owners. All definitions asserted
in Section I. of this document, Limited Use Software License
Agreement, also apply to this Section of the document.
2. OWNERSHIP: Except to the extent expressly licensed, MoonRock owns
and reserves the exclusive right to distribute the Game, and the
right to use the Trademarks in connection with it. Its content,
layout and format are the property of MoonRock to the extent
permitted by law.
3. GRANT: MoonRock grants a non-exclusive, non-transferable,
royalty-free license to distribute the Game only as follows:
a. INDIVIDUALS are encouraged to share and give copies of the Game
to friends, family, coworkers, and members of any not-for-profit
organization, but only without charge.
b. ONLINE SERVICES (including BBSs, and WWW and FTP sites) that are
free (except for any subscription fees or incidental Internet
access charges), and BBSs with 250 or fewer nodes (regardless of
any charges to users) may make the Game available for downloading.
c. These grants are subject to the conditions that no copyright
information or trademark will be added or removed, and all of the
Game's files as released by MoonRock will be included without
modification.
The files at a minimum include:
QBob for Win95/NT
=================
qbob.exe
qbob.dll
qbob.hlp
legal.txt
order.wri
QBob for Win 3.1x
=================
qbob16.exe
readme.txt
legal.txt
order.wri
d. *ALL* other distribution, including, but not limited to
distribution by lease, rental, CD-ROM, catalog, and retail
rack REQUIRES WRITTEN PERMISSION (which MoonRock may
withhold in its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR
OTHER MUTUALLY AGREED BENEFIT. Interested persons are invited to
contact MoonRock (proposals welcome).
e. You may not distribute or transfer in any form a registration
password which unlocks the full version of the software or an
unlocked copy of the software to any party under any conditions.
4. TERM: Unless terminated for cause, grants by MoonRock under this
license terminate 30 days after receipt of written notice, or such
longer period as the notice may provide. Subsections [2] and [5]
survive termination.
5. MISCELLANY
a. Since we (MoonRock) would be irreparably damaged if
Subsections [2], [3], [4], or [5][D] were not specifically
enforced, we will be entitled without bond, other security or
proof of damages, to appropriate equitable remedies with respect
to breaches of such sections, in addition to such other remedies
as we may have.
b. You will indemnify and hold us, our partners, affiliates,
contractors, employees and agents harmless from damage, loss and
expense arising directly or indirectly from your acts and
omissions in copying, distributing or modifying the Game.
c. With respect to every matter arising under this, you consent to
the exclusive jurisdiction and venue of the state and federal
courts sitting in Seattle, Washington, (or a jurisdiction and
venue chosen by MoonRock) and to service by certified
mail, return receipt requested, or as otherwise permitted by law.
d. Except as explicitly permitted herein, you will not modify the
Game. Except to the extent, if any, applicable law may require
otherwise, you will not decompile, disassemble, or reverse
engineer the Game, or use or disclose any confidential information
that it contains.
This version of the license supersedes any previous versions of said
document relating to the Game. (This Game specifically, and not other
titles published by MoonRock.)
MoonRock Software Inc.
11-22-96