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oddlabs_license.txt
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2005-12-22
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TRIBAL TROUBLE LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a legal
agreement between you, the end-user, and Oddlabs ApS ("Oddlabs"). 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. If you do not
agree to the terms of this Agreement, promptly remove the game program and the
accompanying data files and contact Oddlabs for a full refund.
ODDLABS SOFTWARE LICENSE
1. Grant of License. Oddlabs grants to you the limited right
to use one (1) copy of the enclosed or foregoing game 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 destroyed when no longer used in accordance with this
Agreement, or when the right to use the Software is terminated. You agree 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, any data comprising the Software. Neither you nor anyone at your
direction shall do any of the following acts (any such acts shall be deemed void
and a breach of this Agreement) with regard to the Software, or any portion
thereof, such as a screen display or a screenshot:
a. Rent the Software;
b. Sell the Software;
c. Lease or lend the Software;
d. Offer the Software on a pay-per-play basis;
e. Distribute, by electronic means or otherwise, the Software for
money or any other consideration; or
f. In any other manner and through any medium whatsoever
commercially exploit the Software or use the Software for any
commercial purpose.
3. Additional Prohibited Uses. Neither you nor anyone at your
direction shall take the following action in regard to the Software,
or any portion thereof, such as a screen display or a screenshot:
a. Modify, disassemble, reverse engineer or decompile the Software;
b. Translate the Software;
c. Reproduce the Software;
d. Publicly display the Software;
e. Prepare derivative works based upon the Software; or
f. Distribute, by electronic means or otherwise, the Software.
4. Use of Other Material is Prohibited. Use, in any manner, of the
trademarks, such as Tribal Trouble(tm) logo, logos, symbols, art work, images,
screen displays or screenshots, sound effects, music, and other such material
contained within, generated by or relating to the Software is prohibited.
5. Restrictions Apply to Third Parties. The prohibitions and
restrictions described herein apply to anyone in possession of the Software
and/or Permitted Derivative Works.
6. Copyright. The Software and all copyrights related thereto
(including all characters and other images generated by the Software or depicted
in the Software) is owned by Oddlabs and is protected by Danish
copyright laws and international treaty provisions. You must treat the Software
like any other copyrighted material, except that you may either (a) make one
copy of the Software solely for back-up or archival purposes, or (b) transfer
the Software to a single hard disk provided you keep the original solely for
back-up or archival purposes. You may not otherwise reproduce, copy or disclose
to others, in whole or in any part, the Software. You may not copy the written
materials accompanying the Software. You agree to use your best efforts to see
that any user of the Software licensed hereunder complies with this Agreement.
7. Exclusive Remedies. You agree that your exclusive remedy
against Oddlabs, 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 purchase price paid or replacement of the
Software. This Agreement shall be construed in accordance with and governed by
the laws of the State of Texas. Copyright and other proprietary matters will be
governed by United States laws and international treaties. IN ANY CASE, Puppy
Games 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 ODDLABS OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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, 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 ODDLABS 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 ODDLABS AND YOU RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.
30th May 2003