User Guide

Appendices
287
WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE,
OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE
IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT ALLOWED
AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, WARRANT
OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR ACCOMPANYING
MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES
NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR ACCOMPANYING MATERI-
ALS’ CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL CONTINUOUSLY OPER-
ATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER DOES NOT REPRESENT
THAT THE SOFTWARE WILL OPERATE IN A MULTI-USER ENVIRONMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBU-
TORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES SHALL CREATE
ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT
RELY ON ANY SUCH INFORMATION OR ADVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO
STATE.
LIABILITY
LIMITATION. To the maximum extent permitted by applicable law, and regardless of whether
any remedy set forth herein fails of its essential purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOP-
MENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERI-
ALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR
INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROP-
ERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF
RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING
FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION
APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED REP-
RESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY, ARISES OUT
OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF OWNER
OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAM-
AGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Product Support and Updates.
This SOFTWARE is intended to be user-friendly and limited product support
is provided by Owner as specified in the ACCOMPANYING MATERIALS.
Jurisdiction.
TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE’S CHOICE OF
LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This Agreement may be
modified only by a written instrument specifying the modification and executed by both parties. In the
event that any provision of this Agreement shall be held to be unenforceable, such provision shall be
enforced to the greatest possible extent, with the other provisions of this Agreement to remain in full force
and effect.
Entire
Agreement. This Agreement represents the entire agreement between the parties, and supersedes
any oral or written communications, proposals or prior agreements between the parties or any dealers,
distributors, agents or employees.
U.S. Government Restricted Rights.
The SOFTWARE and the ACCOMPANYING MATERIALS is provided
with RESTRICTED RIGHTS (as found in 48 C.F.R. '52.227-7013). This provision only applies if the U.S.
Government or any of its entities obtains this SOFTWARE either directly or indirectly. Owner created this
SOFTWARE and the ACCOMPANYING MATERIALS exclusively with private funds. Additionally, informa-
tion contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a trade secret of Owner for
all purposes of the Freedom of Information Act or otherwise. Furthermore, this SOFTWARE is commercial
computer software subject to limited use as set forth in any contract that may be entered into between the
seller and the governmental entity. Owner owns, in all respects, the proprietary information and propri-
etary data found in the SOFTWARE and the ACCOMPANYING MATERIALS.
U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the ACCOMPANY-
ING MATERIALS with Restricted Rights as defined in DFARS 52.227-7013 (also found at 48 C.F.R.
'252.227-7013). Any U.S. Government use, duplication, or disclosure is subject to the restrictions includ-
ing, but not limited to those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48
C.F.R. '252.227-7013) that may be amended from time to time.
Appendices
286
LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this Agreement), including the
Limited Warranty and other special provisions, is a legal agreement between You (either an individual or
an entity) and Terminal Reality, Inc. and Gathering of Developers I, Ltd., (collectively, the Owner) regard-
ing this software product and the materials contained therein and related thereto. Your act of installing
and/or otherwise using the software constitutes Your agreement to be bound by the terms of this
Agreement. If You do not agree to the terms of this Agreement, promptly return the software packaging
and the accompanying materials (including any hardware, manuals, other written materials and packag-
ing) to the place You obtained them, along with your receipt, for a full refund.
Grant of Limited Non-Exclusive License.
This Agreement permits You to use one (1) copy of the software
program(s) (the SOFTWARE) included in this package for your personal use on a single home or portable
computer. The SOFTWARE is in use on a computer when it is loaded into temporary memory (i.e., RAM)
or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that com-
puter. Installation on a network server is strictly prohibited, except under a special and separate network
license obtained from Owner. This Agreement shall not serve as such necessary special network license.
Installation on a network server constitutes use that must comply with the terms of this Agreement. This
license is not a sale of the original SOFTWARE or any copy thereof. You may not sell, rent, lend or other-
wise transfer the SOFTWARE and/or ACCOMPANYING MATERIALS to any other individual or entity.
Intellectual Property Ownership.
Owner retains all right, title and interest to this SOFTWARE and the
accompanying manual(s), packaging and other written materials (collectively, the ACCOMPANYING
MATERIALS), including, but not limited to, all copyrights, trademarks, trade secrets, trade names, propri-
etary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, sto-
ries, dialog, settings, artwork, sounds effects, musical works, and moral rights. The SOFTWARE and
ACCOMPANYING MATERIALS are protected by United States copyright law and applicable copyright
laws and treaties throughout the World. All rights are reserved. The SOFTWARE and ACCOMPANYING
MATERIALS may not be copied or reproduced in any manner or medium, in whole or in part, without
prior written consent from Owner. Any persons copying or reproducing all or any portion of the SOFT-
WARE or ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating the copy-
right laws and may be subject to civil or criminal penalties. The SOFTWARE and ACCOMPANYING
MATERIALS may not be sold, rented, loaned or otherwise transferred to any other individual or entity.
SOFTW
ARE Backup or Archiving. After You install the SOFTWARE into the permanent memory of a com-
puter, You may keep and use the original disk(s) and/or CD-ROM (the Storage Media) only for backup or
archival purposes.
Restrictions.
Other than as provided specifically in this Agreement, You are not permitted to copy or other-
wise reproduce the SOFTWARE or ACCOMPANYING MATERIALS; modify or prepare derivative copies
based on the SOFTWARE or ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or
ACCOMPANYING MATERIALS by sale or other transfer of ownership; rent, lease, or lend the SOFTWARE
or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING MATERIALS pub-
licly. You are expressly prohibited from transmitting the SOFTWARE or ACCOMPANYING MATERIALS
electronically or otherwise over the Internet or through any other media or to any other party. You are
expressly prohibited from selling or otherwise using for profit any scenery, maps, levels, level packs, add-
on packs, sequels, characters or other components or items based upon or related to the SOFTWARE or
ACCOMPANYING MATERIALS. YOU ARE NOT PERMITTED TO REVERSE ENGINEER, DECOMPILE OR
DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying of the SOFTWARE or ACCOMPANYING
MATERIALS not specifically allowed in this Agreement is a violation of this Agreement.
Limited W
arranty and Warranty Disclaimers.
LIMITED WARRANTY. Owner warrants that the original Storage Media holding the SOFTWARE is free
from defects in materials and workmanship under normal use and service for a period of ninety (90) days
from the date of purchase as evidenced by Your receipt. If for any reason You find defects in the Storage
Media, or if you are unable to install the SOFTWARE on your home or portable computer, You may return
the SOFTWARE and all ACCOMPANYING MATERIALS to the place You obtained it for a full refund. This
limited warranty does not apply if You have damaged the SOFTWARE by accident or abuse.
CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner, shall be (i) replace-
ment of any original Storage Media with the SOFTWARE or (ii) full refund of the price paid for this SOFT-
WARE. By opening the sealed software packaging, installing and/or otherwise using the SOFTWARE or
ACCOMPANYING MATERIALS, you hereby agree to waive any and all other remedies you may have at
law or in equity. Any such remedies you may not waive as a matter of public policy, you hereby assign, or
shall assign as they become available, over to Owner.