| Language: |
End-User License Agreement
LICENSE AGREEMENT AND LIMITED WARRANTY (THE “AGREEMENT”)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND BREAKAWAY, LTD (THE "COMPANY").
THE COMPANY IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY PROCEEDING WITH THE INSTALLATION OF THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD EXIT THE INSTALLATION PROGRAM NOW.
1. Ownership And License. This is a license agreement and NOT an agreement for sale. The Company and/or its licensors retain all title and rights in the software contained in this package (the "Software") and the related documentation, except for the rights that are expressly granted to you in this license agreement. The Company and/or its licensors retain all rights not expressly granted to you in this Agreement.
2. Permitted Uses. You may install the Software on computers owned and maintained by the authorized organization and use such installed copy of the Software for yourself and other authorized persons, for non-commercial purposes, and in a manner consistent with the documentation provided by the Company. You may transfer your copy of the Software to different computers, but you must completely remove the Software from any computer before removing it from your direct control.
3. Prohibited Uses. The following uses of the Software are prohibited:
(a) Make or distribute copies of the Software or documentation, or any portion thereof, except as expressly provided in this Agreement, except that you may make one (1) copy of the Software as your own personal backup copy;
(b) Use any backup copy of the Software (or allow someone else to use such copy) for any purpose other than to replace your original copy in the event it is destroyed or becomes defective;
(c) Alter, decompile, modify, reverse engineer, disassemble or otherwise attempt to discover the underlying design, algorithms or source code of the Software, create derivative works based upon the Software, or make any attempt to bypass, unlock or disable any protective or initialization system on the Software;
(d) Rent, lease, sub-license, time-share, or transfer the Software or documentation, or your rights under this Agreement;
(e) Remove or obscure any copyright or trademark notice(s) on the Software, the documentation or the packaging thereof;
(f) Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-use computer system regardless of purpose;
(g) Distribute or include the Software in any commercial or non-commercial products, whether distributed freely or for consideration. Excepted from this item (g) are art, sound and data files associated with scenarios, maps and or events created by you or other properly licensed users of the Software, if applicable. These files may be distributed non-commercially to authorized users of the software (but not commercially or otherwise for any consideration. BreakAway, Ltd. reserves all rights of creation for additional commercial distributions and scenarios).
4. Effectiveness; Termination. This Agreement is effective upon the first use, installation, loading or copying of the Software, whichever occurs first. You may terminate this Agreement at any time by destruction and disposal of the Software and all related documentation. This Agreement and the rights granted to you hereunder will terminate automatically without notice from the Company if you fail to comply with any provisions of this license. Upon termination, you shall destroy all copies of the Software and any accompanying documentation.
5. Copyright Notice. The Company and/or our Licensors hold all copyrights in the Software. Nothing in this Agreement constitutes a waiver of any right under the copyright laws of the United States or any other country, or any other federal or state law. This program is protected by US federal and international copyright laws.
6. Miscellaneous. If any provision, or any portion, of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of the Agreement. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
THE FOLLOWING PROVISIONS SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT:
Warranty Disclaimer
BREAKAWAY, LTD. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE TO MAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
Limitation of Damages
NONE OF BREAKAWAY LTD., ITS EMPLOYEES OR LICENSORS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BREAKAWAY, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL BREAKAWAY’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE OR TEN U.S. DOLLARS (USD$10), WHICHEVER IS LESS, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISKS OF INSTALLING, LOADING, COPYING AND USING THE SOFTWARE. IN CASE WILL THE COMPANY BE RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF OTHERS INFORMED OR INFLUENCED BY THE USE OF SAID SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, BUT THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (TITLE 22 OF THE COMMERCIAL LAW ARTICLE OF THE ANNOTATED CODE OF MARYLAND) DOES NOT APPLY TO THIS AGREEMENT, THE SOFTWARE, OR ANY USE OF (OR INABILITY TO USE) THE SOFTWARE.
THIS AGREEMENT SHALL INURE TO THE BENEFIT OF BREAKAWAY, LTD. AND ANY SUCCESSORS, ADMINISTRATORS, HEIRS, AND ASSIGNS. ANY ACTION OR PROCEEDING BROUGHT BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN BALTIMORE COUNTY, MARYLAND. YOU HEREBY CONSENT TO IN PERSONAM JURISDICTION OF SAID COURTS.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERCEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
BreakAway, Ltd.
11311 McCormick Rd, Suite 400
Hunt Valley, MD 21031
LICENSE AGREEMENT AND LIMITED WARRANTY (THE “AGREEMENT”)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND BREAKAWAY, LTD (THE "COMPANY").
THE COMPANY IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY PROCEEDING WITH THE INSTALLATION OF THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD EXIT THE INSTALLATION PROGRAM NOW.
1. Ownership And License. This is a license agreement and NOT an agreement for sale. The Company and/or its licensors retain all title and rights in the software contained in this package (the "Software") and the related documentation, except for the rights that are expressly granted to you in this license agreement. The Company and/or its licensors retain all rights not expressly granted to you in this Agreement.
2. Permitted Uses. You may install the Software on computers owned and maintained by the authorized organization and use such installed copy of the Software for yourself and other authorized persons, for non-commercial purposes, and in a manner consistent with the documentation provided by the Company. You may transfer your copy of the Software to different computers, but you must completely remove the Software from any computer before removing it from your direct control.
3. Prohibited Uses. The following uses of the Software are prohibited:
(a) Make or distribute copies of the Software or documentation, or any portion thereof, except as expressly provided in this Agreement, except that you may make one (1) copy of the Software as your own personal backup copy;
(b) Use any backup copy of the Software (or allow someone else to use such copy) for any purpose other than to replace your original copy in the event it is destroyed or becomes defective;
(c) Alter, decompile, modify, reverse engineer, disassemble or otherwise attempt to discover the underlying design, algorithms or source code of the Software, create derivative works based upon the Software, or make any attempt to bypass, unlock or disable any protective or initialization system on the Software;
(d) Rent, lease, sub-license, time-share, or transfer the Software or documentation, or your rights under this Agreement;
(e) Remove or obscure any copyright or trademark notice(s) on the Software, the documentation or the packaging thereof;
(f) Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-use computer system regardless of purpose;
(g) Distribute or include the Software in any commercial or non-commercial products, whether distributed freely or for consideration. Excepted from this item (g) are art, sound and data files associated with scenarios, maps and or events created by you or other properly licensed users of the Software, if applicable. These files may be distributed non-commercially to authorized users of the software (but not commercially or otherwise for any consideration. BreakAway, Ltd. reserves all rights of creation for additional commercial distributions and scenarios).
4. Effectiveness; Termination. This Agreement is effective upon the first use, installation, loading or copying of the Software, whichever occurs first. You may terminate this Agreement at any time by destruction and disposal of the Software and all related documentation. This Agreement and the rights granted to you hereunder will terminate automatically without notice from the Company if you fail to comply with any provisions of this license. Upon termination, you shall destroy all copies of the Software and any accompanying documentation.
5. Copyright Notice. The Company and/or our Licensors hold all copyrights in the Software. Nothing in this Agreement constitutes a waiver of any right under the copyright laws of the United States or any other country, or any other federal or state law. This program is protected by US federal and international copyright laws.
6. Miscellaneous. If any provision, or any portion, of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of the Agreement. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
THE FOLLOWING PROVISIONS SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT:
Warranty Disclaimer
BREAKAWAY, LTD. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE TO MAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
Limitation of Damages
NONE OF BREAKAWAY LTD., ITS EMPLOYEES OR LICENSORS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BREAKAWAY, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL BREAKAWAY’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE OR TEN U.S. DOLLARS (USD$10), WHICHEVER IS LESS, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISKS OF INSTALLING, LOADING, COPYING AND USING THE SOFTWARE. IN CASE WILL THE COMPANY BE RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF OTHERS INFORMED OR INFLUENCED BY THE USE OF SAID SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, BUT THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (TITLE 22 OF THE COMMERCIAL LAW ARTICLE OF THE ANNOTATED CODE OF MARYLAND) DOES NOT APPLY TO THIS AGREEMENT, THE SOFTWARE, OR ANY USE OF (OR INABILITY TO USE) THE SOFTWARE.
THIS AGREEMENT SHALL INURE TO THE BENEFIT OF BREAKAWAY, LTD. AND ANY SUCCESSORS, ADMINISTRATORS, HEIRS, AND ASSIGNS. ANY ACTION OR PROCEEDING BROUGHT BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN BALTIMORE COUNTY, MARYLAND. YOU HEREBY CONSENT TO IN PERSONAM JURISDICTION OF SAID COURTS.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERCEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
BreakAway, Ltd.
11311 McCormick Rd, Suite 400
Hunt Valley, MD 21031