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- QOOLE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "AGREEMENT") is a
- legal agreement between you, the end-user, and Lithium Software
- ("LITHIUM"). By continuing the installation of this editor program,
- by loading or running the editor, or by placing or copying the editor
- program onto your computer hard drive, you are agreeing to be bound
- by the terms of this AGREEMENT. If you do not agree to the terms of
- this AGREEMENT, promptly return the editor program and the
- accompanying items, along with your receipt to the place from where
- you obtained them for a full refund.
-
- 1. Grant of License. LITHIUM grants to you the limited right to use
- one (1) copy of the enclosed editor program (the "SOFTWARE") on a
- single computer. You have no ownership or proprietary rights in or
- to the SOFTWARE or the written materials accompanying 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.
- The SOFTWARE, together with any archive copy thereof, shall be either
- returned to LITHIUM or destroyed when no longer used in accordance
- with this AGREEMENT, or when the right to use the SOFTWARE is
- terminated.
-
- 2. Commercial use is prohibited. Work created using the SOFTWARE
- may not be used for commercial purposes, including but not limited
- to, level compilations and other game products sold for profit,
- without a seperate prior license agreement from LITHIUM.
-
- 3. Copyright. The SOFTWARE is owned by LITHIUM and is protected by
- United States copyright laws and international treaty provisions.
- Thus you must treat the SOFTWARE like other copyrighted material.
-
- 4. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY
- OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT WILL LITHIUM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE
- SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 5. General Provisions. Neither this AGREEMENT nor any part or
- portion hereof shall be assigned, sublicensed or otherwise
- transferred by you. 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, THAT 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
- LITHIUM 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 LITHIUM AND YOU RELATING TO THE
- SUBJECT MATTER OF THIS AGREEMENT.
-
- September 8, 1997
-