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- DVD SOFTWARE - LICENSE AGREEMENT
- AntiGame Plus (TM)
-
- NOTICE TO USERS ("COMPANY"): CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
- COMPANY'S USE OF THE SOFTWARE PRODUCT KNOWN AS ANTIGAME PLUS FOR WINDOWS
- (TM) ("THE SOFTWARE") IS CONDITIONED UPON COMPLIANCE BY COMPANY WITH THE
- TERMS OF THIS AGREEMENT. A SHAREWARE VERSION OF THE SOFTWARE MAY BE
- EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS. USE OF THE REGISTERED
- VERSION OF THE SOFTWARE AND THE CONTINUED USE OF THE SHAREWARE VERSION
- AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY COMPANY OF THE LICENSE FEE.
-
- At the end of the evaluation period , this copy and all other copies you may have of the shareware
- version of The Software must be destroyed and you must purchase The Software if you wish to
- continue to use it. Just fill in the enclosed order form, using your preferred payment method and send it
- by mail or fax.
-
- The Software or any part of The Software may not be distributed by Company to any outside
- corporation, organization or government agency. This license authorizes Company to use the number
- of copies described in the confirmation letter from DVD Software ("DVD") and for which Company has
- paid DVD the license fee. This license will remain in effect for one year from the date of the
- confirmation letter authorizing such continued use. If the Company does not obtain a confirmation
- letter and pay the applicable license fee, this license expires at the end of the thirty days evaluation
- period. All updates must be accessed and downloaded from DVD's Web site. Access instructions for
- licensed users are included in the confirmation letter.
-
- Each copy of The Software may be used for detecting and cleaning games (or other items) on one file
- server and for up to 100 (one hundred) workstations connected to it. You may access the licensed
- version of The Software on a network server, provided that you have obtained licenses for The
- Software covering all workstations that are connected to the server through the network.
- Examples: If 350 workstations are connected to two network servers containing The Software, a total
- of four licenses are required. If 150 PCs are connected to 20 file servers, a total of 20 licenses are
- required.
-
- COPYRIGHT. The Software is protected by United States copyright laws and international treaty
- provisions. Company acknowledges that no title to the intellectual property in The Software is
- transferred to Company. Company further acknowledges that full ownership rights to The Software will
- remain the exclusive property of DVD or its suppliers, and Company will not acquire any rights to The
- Software except as expressly set forth in this license. Company agrees that any copies of The
- Software made by Company will contain the same proprietary notices which appear on and in The
- Software.
-
- REVERSE ENGINEERING. Company agrees that it will not attempt, and will use its best efforts to
- prevent its employees from attempting to reverse compile, modify, translate or disassemble The
- Software in whole or in part.
-
- LIMITED WARRANTY. DVD warrants that The Software will perform substantially in accordance
- with the accompanying documentation for a period of ninety (90) days from the date DVD receives
- payment.
-
- COMPANY REMEDIES. If the Software does not conform to the limited warranty above ("Limited
- Warranty"), DVD's entire liability and Company's sole and exclusive remedy shall be, at DVD's option,
- either to (a) correct the error, (b) help Company work around or avoid the error or (c) authorize a
- refund, so long as The Software is destroyed by Company. The Limited Warranty is void if failure of
- The Software has resulted from accident, abuse, or misapplication. Any replacement software will be
- warranted for the remainder of the original Limited Warranty period.
-
- NO OTHER WARRANTIES. DVD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE,
- IDENTIFIES ALL KNOWN GAMES OR MAY NOT OCCASIONALLY REPORT OR DELETE A FILE
- WHICH IS NOT A GAME OR NOT AN ANTIGAME PLUS DATABASE ITEM. EXCEPT FOR THE
- EXPRESS LIMITED WARRANTY ABOVE, DVD DISCLAIMS ALL OTHER WARRANTIES WITH
- RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
- TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
- AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
-
- SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such
- invalidity shall not affect the validity of the remaining portions of this license.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DVD OR ITS SUPPLIERS
- BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND
- ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF DVD
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL DVD'S
- LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF
- LIABILITY, EXCEED THE LICENSE FEE PAID BY COMPANY.
-
- GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they
- are applied to agreements to be entered into and to be performed entirely within California. The United
- Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software is acquired (i) for use by DoD, use,
- duplication or disclosure by the Government is subject to the terms of this license unless superseded
- by 252.227-7013(c)(1)(ii) or (ii) for use by civilian agencies, use, reproduction or disclosure is subject
- to the terms of this license unless superseded by 52.227-19.
-
- MISCELLANEOUS. All information in this and other documents is subject to change without prior
- notice. All brands and product names which appear in this document or in The Software are
- trademarks or registered trademarks of their respective holders. Company may not list The Software
- in advertisements, catalogs, or other literature which describes The Software as "FREE SOFTWARE"
- or as "PUBLIC DOMAIN SOFTWARE".
-
- =============================================================================
-
- DVD Software, Inc. 2957 Terry Road, Laguna Beach, CA 92651
- Tel: 949-376-6678
- Internet: sales@antigame.com
- Fax: 949-376-6978
- America Online: AntiGame
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