END-USER LICENSE AGREEMENT FOR RAGE OF MAGES II (PC DEMO VERSION 1.0)
This End-User License Agreement (this "EULA") is a legal agreement between you (either an individual or a single entity) and Monolith Productions, Inc ("Monolith Productions") for Rage of Mages II, PC DEMO Ver. 1.0, which includes computer software and associated media and printed materials (the "Software").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA,
do not install or use the Software; you may, however, return it to your place of purchase for a full refund.
1.GRANT OF LICENSE. You may use one copy of the Software on a single computer. The Software includes software programs and files that you may install on the computer's hard drive, as well as multimedia files that will run from your CD-ROM drive. Your licensed copy of the Software may not be shared or used concurrently on different computers.
2.LIMITATIONS. You may not reverse engineer, decompile, or disassemble the Software. You may not rent or lease the Software. You may not copy the printed materials accompanying the Software.
3.SOFTWARE TRANSFER. You may permanently transfer all of your rights under this EULA, provided (a) you retain no copies, (b) you transfer all of the Software (including all component parts, the media on which the Software was delivered, all printed materials, any upgrades, and this EULA), and (c) the recipient agrees to the terms of this EULA in writing delivered to Monolith Productions. Any transfer must include all prior versions and upgrades of the Software.
4.TECHNICAL SUPPORT. Monolith Productions shall provide limited technical support for a period of 90 days from date of purchase, in accordance with the support documentation included with the Software.
5.TERMINATION. Without prejudice to any other rights, Monolith Productions may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
6.LIMITED WARRANTY. Monolith Productions warrants that the Software will perform substantially in accordance with the materials provided with the Software for a period of ninety (90) days from the date of receipt. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days.
7.CUSTOMER REMEDIES. Monolith Productions' and its suppliers' and distributors' entire liability and your exclusive remedy shall be, at Monolith Productions' option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet the foregoing limited warranty and which is returned to Monolith Productions with a copy of your receipt. This 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 warranty period or thirty (30) days, whichever is longer.
8.NO OTHER WARRANTIES. The software is provided "as is." To the maximum extent permitted by applicable law, Monolith Productions and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability, of fitness for a particular purpose, of results, and of accuracy or completeness, with regard to the Software. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
9.NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Monolith Productions or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product, even if Monolith Productions has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10.INDEMNIFICATION. You shall indemnify, defend, and hold Monolith Productions, its suppliers, and their respective officers, employees and agents (collectively, the Indemnified Parties") harmless from any third party claim whatsoever (including without limitation any claim of your customer) arising from or relating to your use of the Software or from any use permitted by you. You are also responsible for compliance with applicable laws in the use of the Software, and you shall indemnify, defend, and hold the Indemnified Parties harmless from any action, claim, or expense arising from or related to any alleged or actual violation of applicable law in connection with use of the Software by you or any use permitted by you.
11.EDITOR, SOURCE CODE AND END-USER VARIATIONS.
(a) The Software may include an "Editor." An "Editor" is a feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non-playable. An Editor includes its associated tools and utilities. An Editor is NOT shareware. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale.
(b) The Software may include "Source Code." "Source Code" is a feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non-playable. Source Code is NOT public domain. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale.
(c) Using the Editor and/or Source Code, you may create modifications or enhancements to the Software, including the construction of new levels (collectively referred to as "Variations"), subject to the following restrictions:
i. Your Variations must only work with the full copy of the Software, not independently or with any other software.
ii. Your Variations must not contain modifications to any executable file.
iii. Your Variations must not contain any libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contains any trademarks, copyright-protected work, or other recognizable property of third parties.
iv. At least once in every online description and with reasonable duration on the opening screen, your Variations must prominently identify (i) the names and email addresses of its creators, and (ii) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY Monolith Productions, or any of its affiliates and subsidiaries."
v. Your Variations must be distributed solely for free. Neither you nor any other person or party may sell them to anyone, commercially exploit them in any way, or charge anyone for using them. You may exchange them at no charge among other end-users.
vi. By distributing or permitting the distribution of any of your Variations, you hereby grant back to Monolith Productions an irrevocable royalty-free right to use and distribute them by any means.
vii. The prohibitions and restrictions in this section apply to anyone in possession of the Software or any of your Variations.
12.MISCELLANEOUS. This EULA is governed by the laws of the State of Washington, U.S.A. Each of the parties hereto submits to jurisdiction in the state and federal courts sitting in King County, Washington. Should you have any questions concerning this EULA, or if you desire to contact Monolith Productions for any reason, please write: Monolith Productions Inc., 10516 NE 37th Place, Kirkland, WA 98033.
⌐ 1998, 1999 Nival Entertainment. All rights reserved. Portions ⌐ 1998 Monolith Productions, Inc. All rights reserved. Rage of Mages is a trademark of Monolith Productions, Inc. Windows is a registered trademark of Microsoft Corporation. Uses Smacker Video Technology, ⌐ 1994-1997 by RAD Game Tools, Inc.
