Atomixer End user license agreement
SHARKBAIT GAMES GAMES END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:
This Sharkbait Games End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sharkbait Games ("Sharkbait") for the Sharkbait software product "Atomixer", which includes computer software and associated documentation ("Software"). The Software also includes any updates and supplements to the original Software provided to you by Sharkbait. Any product provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing 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: (i) do not use or install the Software, and (ii) if you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund.
The Software is confidential and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
GRANT OF LICENSE. This EULA grants you a non-exclusive, non-transferable and non-sublicenseable license to install and use a copy of the Software for your personal non-commercial home entertainment use on one personal computer or personal digital assistant.
OTHER RIGHTS AND LIMITATIONS.
* No Commercial Use. You may not use the Software for any commercial purpose, including:
a) distribution (electronically or otherwise);
e) display; or
f) offering on a pay-per-play, coin-op or other for charge basis.
* Limitations on Reverse Engineering, Decompilation and Disassembly. The Software in both object code and source code form includes valuable trade secret information of Sharkbait. You may not make any copies of the Software beyond the number necessary to exercise your license rights in the Software, and shall not provide copies of the Software to any third party. You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to gain access to the source code for the Software.
* Transfer. You may not rent, lease, sell, sublicense, lend or otherwise transfer or assign your rights or obligations under this EULA to any person or entity.
* Reservation of Rights. Sharkbait reserves all rights not expressly granted under this EULA.
TRIAL VERSIONS. If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.
COPIES. Sharkbait and its suppliers retain all ownership of the Software and all copies thereof. Except as expressly provided in this EULA, you may not make copies of the Software, except as reasonably necessary to run, install or use the Software in accordance with the uses for which you have been granted this EULA.
EXPORT. You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, except in accordance with all applicable U.S. export restrictions.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is commercial computer software and documentation developed exclusively at private expense, and in all respects is proprietary data belonging solely to Sharkbait. If the Software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the Software is subject to the restrictions of this EULA. If the Software is acquired by or on behalf of civilian agencies of the United States Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the Software is subject to the restrictions of this EULA.
GOVERNING LAW AND VENUE. This EULA is governed by the laws of the State of Washington, USA, excluding its conflict of laws rules, and specifically excludes the United Nations Convention on Contracts for the International Sale of Goods. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the courts of the State of Washington shall have exclusive jurisdiction over any such suit or action, and you hereby agree to submit to the jurisdiction of such courts.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Sharkbait with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the EULA, and can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this EULA is in English. If it is translated into another language, the English language version shall prevail.
NO WARRANTY. SHARKBAIT GAMES AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. SHARKBAIT GAMES AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS "AS IS," AND "AT YOUR OWN RISK."
LIMITATION OF LIABILITY. SHARKBAIT GAMES AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SHARKBAIT GAMES OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF SHARKBAIT GAMES AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Atomixer (c) 2005 Sharkbait Games. All other copyrights and trademarks are property of their respective owners. All Rights Reserved.
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