diff options
author | Mike Frysinger <vapier@gentoo.org> | 2004-01-12 04:17:25 +0000 |
---|---|---|
committer | Mike Frysinger <vapier@gentoo.org> | 2004-01-12 04:17:25 +0000 |
commit | 82a0aeb271306bbee672076096e0d934f54d9681 (patch) | |
tree | 04955591be7c2c804c18504166d4fde77899261a /licenses/postal2 | |
parent | tidy doc install (bug 37936); more error checking/messages (diff) | |
download | historical-82a0aeb271306bbee672076096e0d934f54d9681.tar.gz historical-82a0aeb271306bbee672076096e0d934f54d9681.tar.bz2 historical-82a0aeb271306bbee672076096e0d934f54d9681.zip |
postal2 license
Diffstat (limited to 'licenses/postal2')
-rw-r--r-- | licenses/postal2 | 211 |
1 files changed, 211 insertions, 0 deletions
diff --git a/licenses/postal2 b/licenses/postal2 new file mode 100644 index 000000000000..7df662baf3ba --- /dev/null +++ b/licenses/postal2 @@ -0,0 +1,211 @@ +Software License Agreement + +1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE +INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL +AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE +HAND, AND RWS, INC. AND ITS SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY +REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT +ENTITLED "POSTAL 2," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED +MEDIA AND/OR PRINTED MATERIALS (TOGETHER CALLED "PROGRAM"). BY OPENING +THE PACKAGING MATERIALS FOR THE PROGRAM, OR INSTALLING, COPYING, OR +OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS +SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU +DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT +INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION. +2. Company grants you a non-exclusive, non-transferable license to +use the Program, but retains all property rights in the Program and all +copies thereof. You may install the Program on a single computer for +use by a single, particular user. All rights not specifically granted +under this Agreement are reserved by Company and, as applicable, +Company's licensors. This Program is licensed, not sold, for your use. +Your license confers no title or ownership in this Program and should +not be construed as a sale of any rights in this Program. +3. You acknowledge that the Program in source code form remains a +confidential trade secret of Company. You agree not to modify or attempt +to reverse engineer, decompile, or disassemble the Program, except and +only to the extent that such activity is expressly permitted by +applicable law notwithstanding this limitation. +4. OWNERSHIP. All right, title and interest and intellectual +property rights in and to the Program (including but not limited to any +titles, computer code, themes, objects, characters, character names, +stories, dialog, catch phrases, locations, concepts, artwork, images, +photographs, animations, video, sounds, audio-visual effects, music, +musical compositions, text and "applets," incorporated into the +Program), the accompanying printed materials, and any copies of the +Program, are owned by Company or its licensors. This Agreement grants +you no rights to use such content other than as part of the Program. All +rights not expressly granted under this Agreement are reserved by +Company. +5. This Agreement is effective upon your opening of the packaging +materials, installation, or your first use of the Program and shall +continue until revoked by Company or until you breach any term hereof; +upon termination you agree to destroy or delete all copies of the +Program in your possession. +6. Except as specifically set forth herein, you shall not modify +the Program or merge the Program into another computer program (except +to the extent the Program is made to operate within a computer operating +system and in connection with other computer programs) or create +derivative works based upon the Program. Subject to the terms and +conditions of this Agreement and so long as you fully comply at all +times with all the terms and conditions of this Agreement, Company +grants you a limited, revocable, non-exclusive and limited right to +create for the Program (but specifically excluding the right to use any +software code from the Program) your own modifications and levels +("Derivative Materials") which shall operate solely with the Program and +not any other version of the Program, including, demos or updated +versions. You represent and warrant that the Derivative Materials shall +(i) not infringe on the rights of any third parties; (ii) not be +libelous, defamatory, obscene, false, misleading, or otherwise illegal +or unlawful; (iii) not be downloaded, shipped, transferred, exported or +re-exported in violation of any laws governing such matters, including +the U.S. Export Administration Act; (iv) not be rented, sold, leased, +licensed, sublicensed, or otherwise commercially exploited. You shall +fully indemnify the Company and its distributors, licensors, licensees +and their respective officers, directors, in connection with any and +all claims arising from or based on the Derivative Materials. You +acknowledge that you are only granted a license to create the Derivative +Materials and that you shall not own the Derivative Materials. Any +breach of this Agreement by you shall result in the automatic +termination of such license, without notice or any further action, and +you shall not have any right to use the Program or any Derivative +Materials. +7. Do not run, use, or install the Program if you reside in a +country to which the use or installation of the Program would violate +U.S. export laws or regulations, and do not distribute the Program in +violation of such laws or regulations. The Program may not be +transferred or otherwise exported or re-exported into (or to a national +or resident of) any country to which the U.S. has embargoed goods or to +anyone on the U.S. Treasury Department list of Specially Designated +Nationals or the U.S. Commerce Department's Table of Deny Orders. If you +do not meet these criteria or are not sure, do not run or install the +software and destroy any copies in your possession. If you live in such +a country, no license is granted hereunder. +8. To the maximum extent allowed by law, Company, its licensors and +subcontractors do not warrant any connection to, transmission over, or +results or use of, any network connection or facilities provided (or +failed to be provided) through the Program. You are responsible for +assessing your own computer needs and, if applicable, transmission +network needs, and the results to be obtained therefrom. YOU EXPRESSLY +AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS +PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE +LEGALLY INCAPABLE OF EXCLUSION. EXCEPT WITH RESPECT TO THE LIMITED +CD-ROM WARRANTY AS SET FORTH IN SECTION 9 BELOW, COMPANY AND ITS +LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR +WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED +WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR +PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM +A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY +AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY +YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER +MATERIALS FROM DELAYS, NON-DELIVERIES, ERRORS, CAUSED BY COMPANY, ITS +LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OWN ERRORS AND/OR +OMISSIONS. Company and its Licensors make no warranty with respect to +any related software or hardware used or provided by Company in +connection with the Program except as expressly set forth above. +9. LIMITED CD-ROM WARRANTY. Notwithstanding anything to the +contrary contained herein, and solely with respect to Programs +distributed on CD-ROM, Company warrants to the original consumer +purchaser of this Program on CD-ROM that the recording medium on which +the Program is recorded will be free from defects in material and +workmanship for 90 days from the date of purchase. If the recording +medium is found defective within 90 days of original purchase, you may +return the Program and all accompanying materials along with your +original receipt to the place you obtained it for a full refund or +replacement, subject to such retailers return policy. This warranty is +limited to the recording medium containing the Program as originally +provided by Company and is not applicable to normal wear and tear. This +warranty shall not be applicable and shall be void if the defect has +arisen through abuse, mistreatment, or neglect. Any implied warranties +prescribed by statute are expressly limited to the 90-day period +described above. +10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY +AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION +BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER +LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE +PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, +INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES +RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING +DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION +AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN +IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY +PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS' ENTIRE LIABILITY TO YOU +AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED +SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE +SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR +CERTAIN DAMAGES, IN SUCH STATES COMPANY'S AND ITS LICENSORS' LIABILITY +IS LIMITED TO THE EXTENT PERMITTED BY LAW. +11. INJUNCTION. Because Company would be irreparably damaged if the +terms of this License Agreement were not specifically enforced, you +agree that Company shall be entitled, without bond, other security or +proof of damages, to appropriate equitable remedies with respect to +breaches of this Agreement, in addition to such other remedies as +Company may otherwise have under applicable laws. +12. INDEMNITY. At Company's request, you agree to defend, indemnify +and hold harmless Company, its affiliates, contractors, officers, +directors, employees, agents, licensors, licensees, distributors, +content providers, and other users of the Program, from all damages, +losses, liabilities, claims and expenses, including attorneys' fees, +arising directly or indirectly from your acts and omissions to act in +using the Program pursuant to the terms of this License Agreement or any +breach of this License Agreement by you. Company reserves the right, at +its own expense, to assume the exclusive defense and control of any +matter otherwise subject to indemnification by you hereunder, and in +such event, you shall have no further obligation to provide +indemnification for such matter. +13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation +have been developed entirely at private expense and are provided as +"Commercial Computer Software" or "restricted computer software." Use, +duplication or disclosure by the U.S. Government or a U.S. Government +subcontractor is subject to the restrictions set forth in subparagraph +(c)(1)(ii) of the Rights in Technical Data and Computer Software clauses +in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of +the Commercial Computer Software Restricted Rights clauses at FAR +52.227-19, as applicable. The Contractor / Manufacturer is RWS, Inc. PO +64309, Tucson, AZ 85728. +14. TERMINATION. Without prejudice to any other rights of Company, +this License Agreement and your right to use the Program may +automatically terminate without notice from Company if you fail to +comply with any provision of this Agreement, or any terms and conditions +associated with the Program. In such event, you must destroy all copies +of this Program and all of its component parts. +15. GENERAL PROVISIONS. You may not use, copy, modify, sublicense, +rent, sell, assign or transfer the rights or obligations granted to you +in this Agreement, except as expressly provided in this Agreement. Any +assignment in violation of this Agreement is void, except that you may +transfer your Program to another person provided that person accepts the +terms of this License Agreement. If any provision of this Agreement is +held to be unenforceable for any reason, such provision shall be +reformed only to the extent necessary to make it enforceable, and such +decision shall not affect the enforceability of: (i) such provision +under other circumstances, or (ii) the remaining provisions hereof under +all circumstances. Company's failure to enforce at any time any of the +provisions of this Agreement shall in no way be construed to be a +present or future waiver of such provisions, nor in any way affect the +right of any party to enforce each and every such provision thereafter. +The express waiver by Company of any provision, condition or requirement +of this Agreement shall not constitute a waiver of any future obligation +to comply with such provision, condition or requirement. Notwithstanding +anything else in this Agreement, no default, delay or failure to perform +on the part of Company shall be considered a breach of this Agreement if +such default, delay or failure to perform is shown to be due to causes +beyond the reasonable control of Company. This Agreement shall be +governed by the laws of the State of Arizona and the United States +without regard to its conflicts of laws rules and you consent to the +exclusive jurisdiction of the state and federal courts in Pima County, +Arizona. The United Nations Convention on Contracts for the +International Sale of Goods shall not apply to this Agreement. This +Agreement represents the complete agreement concerning this License +Agreement between you and Company. + +If you have any questions concerning this license, you may contact RWS +at PO Box 64309, Tucson, AZ 85728 + +Postal(TM) 2 © 2002 RWS, Inc. Developed by RWS, Inc. Published by +Medium Rare, LLC. Unreal(TM) Engine © 1997-2002 Epic Games, Inc. All +Rights Reserved. MathEngine Karma © 2002 MathEngine PLC. Postal, +Postal 2, the Postal 2 logo, Running With Scissors, and the Running With +Scissors logo are trademarks or registered trademarks of RWS, Inc. Epic +Games and Unreal are registered trademarks or trademarks of Epic Games, +Inc, used under license. MathEngine and Karma and the MathEngine and +Karma logos are registered trademarks or trademarks of MathEngine PLC, +used under license. All rights reserved. |