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license.doc
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1994-10-19
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========================= SOFTWARE LICENSE AGREEMENT ========================
This is an Agreement between you, the END-USER, and LEAPFROG SOFTWARE, INC.
pertaining to the ownership, use, and distribution of ALPHABET SOUP (the
"SOFTWARE"). By placing or copying the SOFTWARE onto your computer hard
drive, or installing the SOFTWARE onto your computer, or loading or running
the SOFTWARE, you are agreeing to be bound by the terms of this Agreement.
1. DEFINITIONS
For purposes of this Agreement and at any time during the term of this
Agreement, the following terms shall have the respective meanings indi-
cated:
A. The term "SOFTWARE" shall mean the SHAREWARE VERSION of ALPHABET SOUP
distributed and copyrighted by LEAPFROG SOFTWARE, INC.
B. The term "END-USER" shall mean any third party which obtains the
SOFTWARE for its own use.
C. The term "DEALER" shall mean any independent sales organization,
distributor, retail store or other third party marketing entity.
D. The term "COMMERCIALLY DISTRIBUTE" shall mean to distribute the
SOFTWARE for money or other considerations. It includes distribut-
ing the SOFTWARE on CD-ROMs, bundling the SOFTWARE with hardware, or
distributing the SOFTWARE in a retail environment (such as on a rack).
E. The term "TRADEMARKS" shall refer to the name of the SOFTWARE and the
name LEAPFROG SOFTWARE, INC., which are trademarks of
LEAPFROG SOFTWARE, INC.
2. GRANT OF LICENSE
LEAPFROG SOFTWARE, INC. grants to you the right to use this SOFTWARE.
For purposes of this section, "use" means loading the SOFTWARE into RAM,
as well as installing the SOFTWARE on a hard disk or other storage device.
You may not reverse engineer, decompile, translate, disassemble, modify,
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.
3. OWNERSHIP AND COPYRIGHT
This SOFTWARE is owned by LEAPFROG SOFTWARE, INC. and is protected by
United States copyright laws and international treaty provisions. You
must treat the SOFTWARE just like any other copyrighted material with the
following provisions and exceptions in sections 3a, 4, and 5 of this
Agreement.
A. You may make copies of the SOFTWARE to give to other END-USERS as long
as no files originally distributed with the SOFTWARE by
LEAPFROG SOFTWARE, INC. are altered or removed.
4. DISTRIBUTION BY MODEM
LEAPFROG SOFTWARE, INC. allows and encourages bulletin board systems and
online services to distribute this SOFTWARE as long as no files originally
distributed with the SOFTWARE by LEAPFROG SOFTWARE, INC. are altered or
removed.
5. DISTRIBUTION BY SHAREWARE VENDORS
LEAPFROG SOFTWARE, INC. allows Shareware Vendors to distribute this
SOFTWARE alone on a floppy disk with the following conditions:
A. You explain the shareware concept and describe the SOFTWARE as share-
ware.
B. You credit LEAPFROG SOFTWARE, INC. as the publisher of this SOFTWARE
in all catalog descriptions and any other written descriptions.
C. You make every effort to sell the latest version of this SOFTWARE.
D. You may not alter or delete any files of the SOFTWARE. If you like,
you may add your own installation routines with this SOFTWARE.
E. You may sell the SOFTWARE for a maximum of $9.00 (Nine US Dollars).
F. Other than installation routines, no other programs may be included
with this SOFTWARE.
6. COMMERCIAL DISTRIBUTION
You may not COMMERCIALLY DISTRIBUTE this SOFTWARE without first receiving
LEAPFROG SOFTWARE, INC.'s prior written consent and executing our VENDOR'S
LICENSING AGREEMENT as specified in the VENDOR.DOC file.
7. THIS SOFTWARE IS PROVIDED "AS-IS". LEAPFROG SOFTWARE, INC. MAKES NO
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND CONCERNING THE MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THIS SOFTWARE. IT IS THE SOLE
RESPONSIBILITY OF THE END-USER TO DETERMINE THE SUITABILITY OF THE
SOFTWARE FOR ANY PURPOSE. IN NO EVENT WILL LEAPFROG SOFTWARE, INC. BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
RESULTING FROM THE USE OR MALFUNCTION OF THIS SOFTWARE. ADDITIONAL
STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LEAPFROG SOFTWARE, INC. AND
SHOULD NOT BE RELIED UPON.
8. MISCELLANEOUS PROVISIONS
A. This Agreement constitutes the entire understanding and agreement
between the END-USER and LEAPFROG SOFTWARE, INC. and supersedes any
and all prior or contemporaneous oral or written communications with
respect to the subject matter hereof, all of which are merged herein.
When you run the installation process of the SOFTWARE, or place or copy
the SOFTWARE onto your computer hard drive, or load or run the SOFTWARE,
you agree to be bound by the terms and conditions of this Agreement.
B. In the event that any provision hereof is found invalid or unenforce-
able pursuant to judicial decree or decision, the remainder of the
Agreement shall remain valid and enforceable according to its term.
If any provision is determined to be unenforceable, you agree to a
modification of such provision to provide for enforcement of the pro-
vision's intent, to the extent permitted by applicable law. Without
limiting the foregoing, it is expressly understood and agreed that
each provision of this Agreement which provides for a limitation
liability, disclaimer of warranties or exclusion of damages shall be
severable and independent of any other such provision and enforceable
as such. Further, it is expressly understood and agreed that in the
event any remedy hereunder is determined to have failed in its essen-
tial purpose, all limitations of liability and exclusions of damages
set forth herein shall remain in effect.
C. 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.
D. If you fail to comply with any of the terms of this Agreement, your
license shall be automatically terminated.
E. This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado and subject to the jurisdiction of the
courts therein.