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ATTENTION
Here is a brief summary of certain of the terms and conditions in our Limited
Software Warranty and License Agreement. You must read the full text of the
agreement before using this product so that You understand all of the terms
and conditions of our agreement regarding this product.
WHAT IS OKAY FOR YOU TO DO:
$ Playing and enjoying the shareware and/or registered/full retail
version of the game, demo and/or level editor.
$ Setting up a shareware, demo, and/or registered/full retail version
based server on a not-for-profit and non-commercially exploited basis.
$ Playing the shareware, demo, and/or registered/full retail version of
the game and/or setting up a registered/full retail version of the game using
user-developed levels on a not-for-profit and non-commercially exploited
bases.
WHAT IS NOT OKAY FOR YOU TO DO:
$ You cannot sell or otherwise commercially exploit or utilize the
shareware, registered/full retail version, demo or level editor in any way or
sell user-developed levels and/or tools.
$ Commercially exploiting or otherwise utilizing any copyrighted and/or
trademarked property of Ritual Entertainment or any other party contained in
or associated with the shareware, demo, level editor or registered/full retail
version, demo, single player game and/or level editor, including without
limitation game names, logos, graphics, characters, etc.
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 Ritual
Entertainment, Inc., a Texas corporation (the "Owner"), regarding this
software product and the materials contained therein and related thereto. Your
act of downloading, 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 cease loading or installing this product and,
if applicable, promptly return the software packaging and the accompanying
materials (including any hardware, manuals, other written materials and
packaging) to the place You obtained them, along with Your receipt, for a full
refund.
Grant of Limited Non-Exclusive License. (A) In the event that You are
currently encountering this Agreement in conjunction with or as a result of
Your downloading or otherwise installing the SOFTWARE (as defined herein),
this Agreement permits You to use one (1) copy of the software program(s), in
executable or object code form only, contained in the registered/full retail
version of the game program entitled SiN, as contained in the disk(s) making
up all or part of the registered/full retail software product, including
without limitation the data files, images, level editors, death match levels,
charters and screen displays (the "SOFTWARE"), included in this download for
Your personal use on a single home or portable computer. This license also
permits You to use the SOFTWARE's level editor to create new game levels,
weapons, characters and/or entities for non-commercial personal use, and to
non-commercially distribute such game levels, weapons, characters, and/or
entities to personal acquaintances for non-commercial use via the Internet
pursuant to subparagraph (C) below. This license does NOT authorize You to
sell, lease or otherwise profit from or commercially distribute the SOFTWARE
(see "Restrictions" below). 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 computer.
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.
(B) In the event that You are currently encountering this Agreement in
conjunction with or as a result of Your downloading or otherwise installing a
DEMO PRODUCT (as defined herein), this Agreement permits You to use the
software program(s) included in and received solely as a result of the loaded
or otherwise installed version of the demo, free standing level editor and/or
shareware version of the game entitled Sin, as the case may be, for Your
personal use (each such item referred to herein, individually as a "DEMO
PRODUCT" and collectively as the "DEMO PRODUCTS"). This license also permits
You to use the level editor, as contained in and received solely as a result
of the downloading or other installation or utilization of such DEMO PRODUCT,
to create new game levels, weapons, characters and/or entities for
non-commercial personal use, and to non-commercially distribute such games
levels, weapons, characters, and/or entities to personal acquaintances for
non-commercial use via the Internet pursuant to subparagraph (C) below. This
license does NOT authorize You to sell, lease or otherwise profit from or
commercially exploit a DEMO PRODUCT (see "Restrictions" below). A DEMO PRODUCT
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 computer or accessed via the Internet. Installation of
any DEMO PRODUCTS on a network server for profit or other commercial benefit
to You or any other person 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 DEMO PRODUCTS or any copy thereof.
(C) Subject to the terms and conditions of this Agreement, Owner grants to
You the non-exclusive and limited right to create additional levels (the "USER
LEVELS") which are operable with the SOFTWARE or DEMO PRODUCT. You may include
within the USER LEVELS certain textures and other images (the "Owner Images")
from the SOFTWARE or DEMO PRODUCT, as the case may be. You agree that the USER
LEVELS will not be shipped, transferred or exported into any country in
violation of the U.S. Export Administration Act (or any other law governing
such matters) by You or anyone at Your direction and that You will not utilize
and will not authorize anyone to utilize, in any other manner, the USER LEVELS
in violation of any applicable law. The USER LEVELS may not be downloaded or
otherwise exported or re-exported into (or to a national or resident of) any
country to which the United States has embargoed goods or to anyone or unto
any country who/which are prohibited by applicable law, from receiving such
property. You shall not rent, sell, lease, lend, offer on a pay-per- play
basis or otherwise commercially exploit or commercially distribute any USER
LEVELS. You are only permitted to distribute for free, without any cost or
charge, the USER LEVELS to other end-users. As noted below, in the event You
commercially distribute or commercially exploit any USER LEVELS or commit any
other breach of this Agreement, Your license, as granted in this Agreement,
shall automatically terminate, without notice. IN ADDITION TO YOUR
INDEMNIFICATION OBLIGATIONS AS SET FORTH BELOW, YOU HEREBY AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS OWNER AND OWNER'S RESPECTIVE OFFICERS, EMPLOYEES,
DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU),
SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL DIRECT AND/OR INDIRECT
LOSSES, LAWSUITS, DAMAGES, CAUSES OF ACTIONS AND CLAIMS RELATING TO AND/OR
ARISING FROM THE USER LEVELS AND/OR THE DISTRIBUTION OR OTHER USE OF ANY USER
LEVELS.
Intellectual Property Ownership. Owner retains all right, title and interest
to the SOFTWARE and/or DEMO PRODUCTS and any accompanying instructions or
other documentation (collectively, the "ACCOMPANYING MATERIALS"), including,
but not limited to, all copyrights, trademarks, trade secrets, trade names,
proprietary rights, patents, titles, computer codes, audiovisual effects,
themes, characters, character names, stories, dialog, settings, artwork,
sounds effects, musical works, and moral rights. The SOFTWARE, DEMO PRODUCTS
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 except as specifically provided under "Grant of Limited
Non- Exclusive License" above. Any persons copying or reproducing all or any
portion of the SOFTWARE or ACCOMPANYING MATERIALS, except as specifically
provided under "Grant of Limited Non-Exclusive License" above, in any manner
or medium, will be willfully violating the copyright laws and may be subject
to civil or criminal penalties.
SOFTWARE Backup or Archiving. After You install the SOFTWARE into the
permanent memory of a computer, You may keep and use the original disk(s)
and/or CD-ROM (the "Storage Media") only for backup or archival purposes. 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.
Restrictions. Other than as provided specifically in this Agreement, You are
not permitted to copy or otherwise 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, DEMO PRODUCTS or ACCOMPANYING MATERIALS; or to display the SOFTWARE
or ACCOMPANYING MATERIALS publicly. You are expressly prohibited from selling,
leasing, charging for access to, or otherwise using for profit or commercially
exploiting any USER LEVELS, level packs, add-on packs, sequels, characters or
other components or items created by utilization of the SOFTWARE's or DEMO
PRODUCT's level editor and/or based upon or related to the SOFTWARE, DEMO
PRODUCT or ACCOMPANYING MATERIALS. YOU ARE NOT PERMITTED TO REVERSE ENGINEER,
DECOMPILE OR DISASSEMBLE THE SOFTWARE OR ANY DEMO PRODUCT IN ANY WAY. Any
copying or distribution of the SOFTWARE or ACCOMPANYING MATERIALS not
specifically allowed in this Agreement is a violation of this Agreement. You
may create USER LEVELS for the SOFTWARE or any DEMO PRODUCT; provided,
however, that such USER LEVELS are created in accordance with the
non-exclusive license set forth above and no USER LEVELS may be sold or
otherwise commercially exploited, whether by You or by any other person or
entity, but You may exchange USER LEVELS at no charge with other end-users.
Limited Warranty 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 that You downloaded
the SOFTWARE. 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, ACCOMPANYING MATERIALS and all packaging related
thereto to the place you purchased such products for a full refund or
replacement thereof. 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 replacement of the SOFTWARE or DEMO PRODUCT, as the case may be. By
downloading, installing and/or otherwise using the SOFTWARE, DEMO PRODUCT or
ACCOMPANYING MATERIALS, as the case may be, 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WITH RESPECT TO
THE DEMO PRODUCTS, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES (EXPRESS,
IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE
DEMO PRODUCTS ARE PROVIDED GRATUITOUSLY TO YOU "AS IS" AND YOU TAKE, INSTALL,
LOAD OR OTHERWISE USE SUCH DEMO PRODUCTS AT YOUR OWN RISK. OWNER HAS NO
LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF ANY DEMO PRODUCTS.
WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE,
OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
PRODUCTS REFERENCED HEREIN 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, DEMO PRODUCTS OR ACCOMPANYING MATERIALS OTHER THAN AS SET
FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR
GUARANTEE THAT THE SOFTWARE, DEMO PRODUCTS OR ACCOMPANYING MATERIALS
CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE OR DEMO PRODUCTS WILL
CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER
DOES NOT REPRESENT THAT THE SOFTWARE OR DEMO PRODUCTS WILL OPERATE IN A
MULTI-USER ENVIRONMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS,
DISTRIBUTORS, 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, LICENSES
(EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU) OR AFFILIATES NOR ANYONE ELSE
INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE, THE
DEMO PRODUCTS, THE ACCOMPANYING MATERIALS OR THE USER LEVELS (OTHER THAN YOU)
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR
INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL
PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH SUCH PRODUCT
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, THE DEMO PRODUCTS OR ANY USER LEVELS. THIS LIABILITY LIMITATION
APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED
REPRESENTATIVES 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 DAMAGES, 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 SUCH 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. Each of the SOFTWARE, DEMO PRODUCTS 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 the SOFTWARE or DEMO PRODUCTS either directly or
indirectly. Owner created the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING
MATERIALS exclusively with private funds. Additionally, information contained
in the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS is a trade
secret of Owner for all purposes of the Freedom of Information Act or
otherwise. Furthermore, the SOFTWARE and the DEMO PRODUCTS are "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 proprietary data found
in the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS.
U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE, DEMO
PRODUCTS and the ACCOMPANYING 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 including, 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.
NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on
notice through this Agreement that any use of the SOFTWARE, DEMO PRODUCTS
and/or the ACCOMPANYING MATERIALS is subject to similar limitations as those
stated above, including but not limited to, those stated in Commercial
Computer Software -- Restricted Rights found in 48 C.F.R. '52.227-19, that may
also be amended from time to time. Manufacturer is Owner at the location
listed below.
U.S. Export Laws Prohibitions. By downloading, installing or otherwise using
the SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS, You also agree and
confirm that the SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS and any
of the SOFTWARE's or DEMO PRODUCTS' direct products are not being and will not
be transported, exported or re-exported (directly or indirectly through the
Internet or otherwise) into (or to a national or resident of) any country
forbidden to receive such SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING
MATERIALS by any U.S. export laws or accompanying regulations or otherwise
violate such laws or regulations, that may be amended from time to time. You
also agree and confirm that the SOFTWARE, DEMO PRODUCTS and ACCOMPANYING
MATERIALS will not be used for any purpose that may be restricted by the same
laws and regulations.
Termination. This Agreement is valid until terminated. This Agreement ceases
automatically (without any form of notice) if You do not comply with any
Agreement provision. You can also end this Agreement by destroying the
SOFTWARE and ACCOMPANYING MATERIALS or DEMO PRODUCTS, as the case may be, and
all copies and reproductions of the SOFTWARE and ACCOMPANYING MATERIALS or
DEMO PRODUCTS, as the case may be, and deleting and permanently purging the
SOFTWARE or DEMO PRODUCTS, as the case may be, from any client server or
computer on which it has been installed.
Program Transfer. You may permanently transfer all of Your rights under this
Agreement, provided that the recipient agrees to all of the terms of this
Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related
documents and components and, if applicable, remove the SOFTWARE from Your
computer prior thereto. With respect to the SOFTWARE and the ACCOMPANYING
MATERIALS, transferring the SOFTWARE automatically terminates Your license
under this Agreement.
Equitable Remedies. You hereby agree that if the terms of this Agreement are
not specifically enforced, Owner will be irreparably damaged, and therefore
You agree that Owner shall be entitled, without bond, other security, proof of
damages, to appropriate equitable remedies with respect to any breach(es) of
this Agreement, in addition to any other available remedies.
Owner. If You have any questions regarding this Agreement, the enclosed
materials, or otherwise, please contact in writing:
Ritual Entertainment Attn: Customer Service 2019 North Lamar Street, Suite 220
Dallas, Texas 75202-1744
Fax: (214) 871-7390
E-mail: legal@ritual.com
Sin, Ritual and Ritual Entertainment are trademarks of Ritual Entertainment,
Inc. Copyright c 1998 Ritual Entertainment, Inc. All Rights Reserved.
Microsoft and Windows 95, Windows 98 and Windows NT are registered trademarks
of Microsoft Corporation. All other trademarks and trade names are properties
of their respective owners.
U.S. Government Restricted Rights Manufactured in the U.S.A.
Software License Agreement 7 08656 00001 CORP 209544.3