359 lines
22 KiB
Plaintext
359 lines
22 KiB
Plaintext
ATTENTION
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Here is a brief summary of certain of the terms and conditions in our Limited
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Software Warranty and License Agreement. You must read the full text of the
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agreement before using this product so that You understand all of the terms
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and conditions of our agreement regarding this product.
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WHAT IS OKAY FOR YOU TO DO:
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$ Playing and enjoying the shareware and/or registered/full retail
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version of the game, demo and/or level editor.
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$ Setting up a shareware, demo, and/or registered/full retail version
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based server on a not-for-profit and non-commercially exploited basis.
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$ Playing the shareware, demo, and/or registered/full retail version of
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the game and/or setting up a registered/full retail version of the game using
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user-developed levels on a not-for-profit and non-commercially exploited
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bases.
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WHAT IS NOT OKAY FOR YOU TO DO:
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$ You cannot sell or otherwise commercially exploit or utilize the
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shareware, registered/full retail version, demo or level editor in any way or
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sell user-developed levels and/or tools.
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$ Commercially exploiting or otherwise utilizing any copyrighted and/or
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trademarked property of Ritual Entertainment or any other party contained in
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or associated with the shareware, demo, level editor or registered/full retail
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version, demo, single player game and/or level editor, including without
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limitation game names, logos, graphics, characters, etc.
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LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
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This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"),
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including the Limited Warranty and other special provisions, is a legal
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agreement between You (either an individual or an entity) and Ritual
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Entertainment, Inc., a Texas corporation (the "Owner"), regarding this
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software product and the materials contained therein and related thereto. Your
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act of downloading, installing and/or otherwise using the software constitutes
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Your agreement to be bound by the terms of this Agreement. If You do not agree
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to the terms of this Agreement cease loading or installing this product and,
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if applicable, promptly return the software packaging and the accompanying
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materials (including any hardware, manuals, other written materials and
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packaging) to the place You obtained them, along with Your receipt, for a full
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refund.
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Grant of Limited Non-Exclusive License. (A) In the event that You are
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currently encountering this Agreement in conjunction with or as a result of
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Your downloading or otherwise installing the SOFTWARE (as defined herein),
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this Agreement permits You to use one (1) copy of the software program(s), in
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executable or object code form only, contained in the registered/full retail
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version of the game program entitled SiN, as contained in the disk(s) making
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up all or part of the registered/full retail software product, including
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without limitation the data files, images, level editors, death match levels,
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charters and screen displays (the "SOFTWARE"), included in this download for
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Your personal use on a single home or portable computer. This license also
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permits You to use the SOFTWARE's level editor to create new game levels,
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weapons, characters and/or entities for non-commercial personal use, and to
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non-commercially distribute such game levels, weapons, characters, and/or
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entities to personal acquaintances for non-commercial use via the Internet
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pursuant to subparagraph (C) below. This license does NOT authorize You to
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sell, lease or otherwise profit from or commercially distribute the SOFTWARE
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(see "Restrictions" below). The SOFTWARE is in "use" on a computer when it is
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loaded into temporary memory (i.e., RAM) or installed into the permanent
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memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
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Installation on a network server is strictly prohibited, except under a
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special and separate network license obtained from Owner; this Agreement shall
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not serve as such necessary special network license. Installation on a network
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server constitutes "use" that must comply with the terms of this Agreement.
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This license is not a sale of the original SOFTWARE or any copy thereof.
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(B) In the event that You are currently encountering this Agreement in
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conjunction with or as a result of Your downloading or otherwise installing a
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DEMO PRODUCT (as defined herein), this Agreement permits You to use the
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software program(s) included in and received solely as a result of the loaded
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or otherwise installed version of the demo, free standing level editor and/or
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shareware version of the game entitled Sin, as the case may be, for Your
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personal use (each such item referred to herein, individually as a "DEMO
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PRODUCT" and collectively as the "DEMO PRODUCTS"). This license also permits
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You to use the level editor, as contained in and received solely as a result
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of the downloading or other installation or utilization of such DEMO PRODUCT,
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to create new game levels, weapons, characters and/or entities for
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non-commercial personal use, and to non-commercially distribute such games
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levels, weapons, characters, and/or entities to personal acquaintances for
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non-commercial use via the Internet pursuant to subparagraph (C) below. This
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license does NOT authorize You to sell, lease or otherwise profit from or
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commercially exploit a DEMO PRODUCT (see "Restrictions" below). A DEMO PRODUCT
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is in "use" on a computer when it is loaded into temporary memory (i.e., RAM)
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or installed into the permanent memory (e.g., hard disk, CD-ROM, or other
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storage device) of that computer or accessed via the Internet. Installation of
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any DEMO PRODUCTS on a network server for profit or other commercial benefit
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to You or any other person is strictly prohibited, except under a special and
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separate network license obtained from Owner; this Agreement shall not serve
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as such necessary special network license. Installation on a network server
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constitutes "use" that must comply with the terms of this Agreement. This
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license is not a sale of the original DEMO PRODUCTS or any copy thereof.
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(C) Subject to the terms and conditions of this Agreement, Owner grants to
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You the non-exclusive and limited right to create additional levels (the "USER
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LEVELS") which are operable with the SOFTWARE or DEMO PRODUCT. You may include
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within the USER LEVELS certain textures and other images (the "Owner Images")
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from the SOFTWARE or DEMO PRODUCT, as the case may be. You agree that the USER
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LEVELS will not be shipped, transferred or exported into any country in
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violation of the U.S. Export Administration Act (or any other law governing
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such matters) by You or anyone at Your direction and that You will not utilize
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and will not authorize anyone to utilize, in any other manner, the USER LEVELS
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in violation of any applicable law. The USER LEVELS may not be downloaded or
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otherwise exported or re-exported into (or to a national or resident of) any
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country to which the United States has embargoed goods or to anyone or unto
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any country who/which are prohibited by applicable law, from receiving such
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property. You shall not rent, sell, lease, lend, offer on a pay-per- play
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basis or otherwise commercially exploit or commercially distribute any USER
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LEVELS. You are only permitted to distribute for free, without any cost or
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charge, the USER LEVELS to other end-users. As noted below, in the event You
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commercially distribute or commercially exploit any USER LEVELS or commit any
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other breach of this Agreement, Your license, as granted in this Agreement,
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shall automatically terminate, without notice. IN ADDITION TO YOUR
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INDEMNIFICATION OBLIGATIONS AS SET FORTH BELOW, YOU HEREBY AGREE TO INDEMNIFY,
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DEFEND AND HOLD HARMLESS OWNER AND OWNER'S RESPECTIVE OFFICERS, EMPLOYEES,
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DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU),
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SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL DIRECT AND/OR INDIRECT
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LOSSES, LAWSUITS, DAMAGES, CAUSES OF ACTIONS AND CLAIMS RELATING TO AND/OR
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ARISING FROM THE USER LEVELS AND/OR THE DISTRIBUTION OR OTHER USE OF ANY USER
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LEVELS.
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Intellectual Property Ownership. Owner retains all right, title and interest
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to the SOFTWARE and/or DEMO PRODUCTS and any accompanying instructions or
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other documentation (collectively, the "ACCOMPANYING MATERIALS"), including,
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but not limited to, all copyrights, trademarks, trade secrets, trade names,
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proprietary rights, patents, titles, computer codes, audiovisual effects,
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themes, characters, character names, stories, dialog, settings, artwork,
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sounds effects, musical works, and moral rights. The SOFTWARE, DEMO PRODUCTS
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and ACCOMPANYING MATERIALS are protected by United States copyright law and
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applicable copyright laws and treaties throughout the World. All rights are
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reserved. The SOFTWARE and ACCOMPANYING MATERIALS may not be copied or
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reproduced in any manner or medium, in whole or in part, without prior written
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consent from Owner except as specifically provided under "Grant of Limited
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Non- Exclusive License" above. Any persons copying or reproducing all or any
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portion of the SOFTWARE or ACCOMPANYING MATERIALS, except as specifically
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provided under "Grant of Limited Non-Exclusive License" above, in any manner
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or medium, will be willfully violating the copyright laws and may be subject
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to civil or criminal penalties.
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SOFTWARE Backup or Archiving. After You install the SOFTWARE into the
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permanent memory of a computer, You may keep and use the original disk(s)
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and/or CD-ROM (the "Storage Media") only for backup or archival purposes. You
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are expressly prohibited from transmitting the SOFTWARE or ACCOMPANYING
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MATERIALS electronically or otherwise over the Internet or through any other
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media or to any other party.
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Restrictions. Other than as provided specifically in this Agreement, You are
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not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING
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MATERIALS; modify or prepare derivative copies based on the SOFTWARE or
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ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING
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MATERIALS by sale or other transfer of ownership; rent, lease, or lend the
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SOFTWARE, DEMO PRODUCTS or ACCOMPANYING MATERIALS; or to display the SOFTWARE
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or ACCOMPANYING MATERIALS publicly. You are expressly prohibited from selling,
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leasing, charging for access to, or otherwise using for profit or commercially
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exploiting any USER LEVELS, level packs, add-on packs, sequels, characters or
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other components or items created by utilization of the SOFTWARE's or DEMO
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PRODUCT's level editor and/or based upon or related to the SOFTWARE, DEMO
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PRODUCT or ACCOMPANYING MATERIALS. YOU ARE NOT PERMITTED TO REVERSE ENGINEER,
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DECOMPILE OR DISASSEMBLE THE SOFTWARE OR ANY DEMO PRODUCT IN ANY WAY. Any
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copying or distribution of the SOFTWARE or ACCOMPANYING MATERIALS not
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specifically allowed in this Agreement is a violation of this Agreement. You
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may create USER LEVELS for the SOFTWARE or any DEMO PRODUCT; provided,
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however, that such USER LEVELS are created in accordance with the
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non-exclusive license set forth above and no USER LEVELS may be sold or
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otherwise commercially exploited, whether by You or by any other person or
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entity, but You may exchange USER LEVELS at no charge with other end-users.
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Limited Warranty and Warranty Disclaimers.
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LIMITED WARRANTY. Owner warrants that the original Storage Media holding the
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SOFTWARE is free from defects in materials and workmanship under normal use
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and service for a period of ninety (90) days from the date that You downloaded
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the SOFTWARE. If for any reason You find defects in the Storage Media, or if
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You are unable to install the SOFTWARE on Your home or portable computer, You
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may return the SOFTWARE, ACCOMPANYING MATERIALS and all packaging related
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thereto to the place you purchased such products for a full refund or
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replacement thereof. This limited warranty does not apply if You have damaged
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the SOFTWARE by accident or abuse.
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CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner,
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shall be replacement of the SOFTWARE or DEMO PRODUCT, as the case may be. By
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downloading, installing and/or otherwise using the SOFTWARE, DEMO PRODUCT or
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ACCOMPANYING MATERIALS, as the case may be, You hereby agree to waive any and
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all other remedies You may have at law or in equity. Any such remedies You may
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not waive as a matter of public policy, You hereby assign, or shall assign as
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they become available, over to Owner.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WITH RESPECT TO
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THE DEMO PRODUCTS, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES (EXPRESS,
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IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE
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DEMO PRODUCTS ARE PROVIDED GRATUITOUSLY TO YOU "AS IS" AND YOU TAKE, INSTALL,
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LOAD OR OTHERWISE USE SUCH DEMO PRODUCTS AT YOUR OWN RISK. OWNER HAS NO
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LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF ANY DEMO PRODUCTS.
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WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE,
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OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
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PRODUCTS REFERENCED HEREIN OR ANY COMPONENT PART THEREOF. ANY IMPLIED
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WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS
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TO THE FULLEST EXTENT ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY.
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OWNER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE
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OF THE SOFTWARE, DEMO PRODUCTS OR ACCOMPANYING MATERIALS OTHER THAN AS SET
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FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR
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GUARANTEE THAT THE SOFTWARE, DEMO PRODUCTS OR ACCOMPANYING MATERIALS
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CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE OR DEMO PRODUCTS WILL
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CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER
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DOES NOT REPRESENT THAT THE SOFTWARE OR DEMO PRODUCTS WILL OPERATE IN A
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MULTI-USER ENVIRONMENT.
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NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS,
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DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR
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AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF
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THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
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SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
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THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU
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SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM
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STATE TO STATE.
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LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and
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regardless of whether any remedy set forth herein fails of its essential
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purpose,
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IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSES
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(EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU) OR AFFILIATES NOR ANYONE ELSE
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INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE, THE
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DEMO PRODUCTS, THE ACCOMPANYING MATERIALS OR THE USER LEVELS (OTHER THAN YOU)
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BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR
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INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL
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PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
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INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH SUCH PRODUCT
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INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER
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PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS
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SOFTWARE, THE DEMO PRODUCTS OR ANY USER LEVELS. THIS LIABILITY LIMITATION
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APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED
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REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY,
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ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY
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NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS
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OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
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NOT APPLY TO YOU.
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Product Support and Updates. This SOFTWARE is intended to be user-friendly and
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limited product support is provided by Owner as specified in the ACCOMPANYING
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MATERIALS.
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Jurisdiction. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF SUCH STATE'S
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CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This
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Agreement may be modified only by a written instrument specifying the
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modification and executed by both parties. In the event that any provision of
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this Agreement shall be held to be unenforceable, such provision shall be
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enforced to the greatest possible extent, with the other provisions of this
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Agreement to remain in full force and effect.
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Entire Agreement. This Agreement represents the entire agreement between the
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parties, and supersedes any oral or written communications, proposals or prior
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agreements between the parties or any dealers, distributors, agents or
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employees.
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U.S. Government Restricted Rights. Each of the SOFTWARE, DEMO PRODUCTS and the
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ACCOMPANYING MATERIALS is provided with RESTRICTED RIGHTS (as found in 48
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C.F.R. '52.227-7013). This provision only applies if the U.S. Government or
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any of its entities obtains the SOFTWARE or DEMO PRODUCTS either directly or
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indirectly. Owner created the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING
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MATERIALS exclusively with private funds. Additionally, information contained
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in the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS is a trade
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secret of Owner for all purposes of the Freedom of Information Act or
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otherwise. Furthermore, the SOFTWARE and the DEMO PRODUCTS are "commercial
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computer software" subject to limited use as set forth in any contract that
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may be entered into between the seller and the governmental entity. Owner
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owns, in all respects, the proprietary information and proprietary data found
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in the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS.
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U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE, DEMO
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PRODUCTS and the ACCOMPANYING MATERIALS with "Restricted Rights" as defined in
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DFARS 52.227-7013 (also found at 48 C.F.R. '252.227-7013). Any U.S. Government
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use, duplication, or disclosure is subject to the restrictions including, but
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not limited to those found in the Rights in Technological Data clause at DFARS
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52.227-7013 (48 C.F.R. '252.227-7013) that may be amended from time to time.
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NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on
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notice through this Agreement that any use of the SOFTWARE, DEMO PRODUCTS
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and/or the ACCOMPANYING MATERIALS is subject to similar limitations as those
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stated above, including but not limited to, those stated in Commercial
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Computer Software -- Restricted Rights found in 48 C.F.R. '52.227-19, that may
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also be amended from time to time. Manufacturer is Owner at the location
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listed below.
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U.S. Export Laws Prohibitions. By downloading, installing or otherwise using
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the SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS, You also agree and
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confirm that the SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS and any
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of the SOFTWARE's or DEMO PRODUCTS' direct products are not being and will not
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be transported, exported or re-exported (directly or indirectly through the
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Internet or otherwise) into (or to a national or resident of) any country
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forbidden to receive such SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING
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MATERIALS by any U.S. export laws or accompanying regulations or otherwise
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violate such laws or regulations, that may be amended from time to time. You
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also agree and confirm that the SOFTWARE, DEMO PRODUCTS and ACCOMPANYING
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MATERIALS will not be used for any purpose that may be restricted by the same
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laws and regulations.
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Termination. This Agreement is valid until terminated. This Agreement ceases
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automatically (without any form of notice) if You do not comply with any
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Agreement provision. You can also end this Agreement by destroying the
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SOFTWARE and ACCOMPANYING MATERIALS or DEMO PRODUCTS, as the case may be, and
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all copies and reproductions of the SOFTWARE and ACCOMPANYING MATERIALS or
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DEMO PRODUCTS, as the case may be, and deleting and permanently purging the
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SOFTWARE or DEMO PRODUCTS, as the case may be, from any client server or
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computer on which it has been installed.
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Program Transfer. You may permanently transfer all of Your rights under this
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Agreement, provided that the recipient agrees to all of the terms of this
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Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related
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documents and components and, if applicable, remove the SOFTWARE from Your
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computer prior thereto. With respect to the SOFTWARE and the ACCOMPANYING
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MATERIALS, transferring the SOFTWARE automatically terminates Your license
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under this Agreement.
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Equitable Remedies. You hereby agree that if the terms of this Agreement are
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not specifically enforced, Owner will be irreparably damaged, and therefore
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You agree that Owner shall be entitled, without bond, other security, proof of
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damages, to appropriate equitable remedies with respect to any breach(es) of
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this Agreement, in addition to any other available remedies.
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Owner. If You have any questions regarding this Agreement, the enclosed
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materials, or otherwise, please contact in writing:
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Ritual Entertainment Attn: Customer Service 2019 North Lamar Street, Suite 220
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Dallas, Texas 75202-1744
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Fax: (214) 871-7390
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E-mail: legal@ritual.com
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Sin, Ritual and Ritual Entertainment are trademarks of Ritual Entertainment,
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Inc. Copyright c 1998 Ritual Entertainment, Inc. All Rights Reserved.
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Microsoft and Windows 95, Windows 98 and Windows NT are registered trademarks
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of Microsoft Corporation. All other trademarks and trade names are properties
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of their respective owners.
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U.S. Government Restricted Rights Manufactured in the U.S.A.
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Software License Agreement 7 08656 00001 CORP 209544.3 |