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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER
LICENSE AGREEMENT BEFORE INSTALLING THIS
SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT.IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE
SOFTWARE.
This software program (the "Program"), any printed
materials, any on-line or electronic documentation,
and any and all copies and derivative works of such
software program and materials are the copyrighted
work of Retro Army Limited. All use of the
Program is governed by the terms of the End User
License Agreement which is provided below ("License
Agreement"). The Program is solely for use by end
users according to the terms of the License Agreement.
Any use, reproduction or redistribution of the Program
not in accordance with the terms of the License
Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Retro Army Limited
("Retro Army") hereby grants, and by installing the
Program you thereby accept, a limited, non-exclusive
license and right to install and use one (1) copy of
the Program for your use on either a home or portable
computer. The Program is licensed, not sold. Your
license confers no title or ownership in the Program.
2. Ownership. All title, ownership rights and
intellectual property rights in and to the Program and
any and all copies thereof (including but not limited
to any titles, computer code, themes, objects,
characters, character names, stories, dialog, catch
phrases, locations, concepts, artwork, animations,
sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, any related
documentation, and "applets" incorporated into the
Program) are owned by Retro Army. The Program is
protected by applicable laws and treaties throughout
the world. All rights not expressly granted to you
herein are reserved by Retro Army.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove,
you may not, in whole or in part, copy, photocopy,
reproduce, translate, reverse engineer, derive source
code, modify, disassemble, decompile, create
derivative works based on the Program, or remove any
proprietary notices or labels on the Program without
the prior consent, in writing, of Retro Army.
B. The Program is licensed to you as a single
product. Its component parts may not be separated for
use on more than one computer.
C. You are entitled to use the Program for your
own use, but you are not entitled to sell, grant a security
interest in or transfer reproductions of the Program to
other parties in any way, nor to rent, lease or license
the Program to others without the prior written consent of
Retro Army.
4. Program Transfer. You may permanently transfer
all of your rights under this License Agreement,
provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program
and any New Materials from your home or portable
computer.
5. Termination. This License Agreement is effective
until terminated. You may terminate the License
Agreement at any time by destroying the Program and
any New Materials. Retro Army may, at its discretion,
terminate this License Agreement in the event that you
fail to comply with the terms and conditions contained
herein. In such event, you must immediately destroy
the Program and any New Materials.
6. Limited Warranty. Retro Army expressly disclaims
any warranty for the Program. The Program is provided
"as is" without warranty of any kind, either express or
implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular
purpose, or noninfringement. The entire risk arising
out of use or performance of the Program remains with
the User, however Retro Army warrants up to and including
90 days from the date of your purchase of the Program
that the media containing the Program shall be free
from defects in material and workmanship. In the event
that the media proves to be defective during that time
period, and upon presentation to Retro Army of proof
of purchase of the defective Program, Retro Army will
at its option 1) correct any defect, or 2) refund your
money. Because some jurisdictions do not allow the exclusion
or limitation of implied warranties or liability for
incidental damages, so the above limitations may not
apply to you.
7. Limitation of Liability. NEITHER RETRO ARMY,
IT'S SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE
FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO
PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT
OF OR RELATED TO THIS AGREEMENT OR THE SOFTWAWRE,
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT,
STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT RETRO ARMY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL RETRO ARMY’S LIABILITY FOR ALL DAMAGES
(EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL
PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT
BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC
PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL,
STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION.
8. Equitable Remedies. You hereby agree that
Retro Army would be irreparably damaged if the terms of
this License Agreement were not specifically enforced,
and therefore you agree that Retro Army shall be
entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with
respect to breaches of this License Agreement, in
addition to such other remedies as Retro Army may
otherwise have available to it under applicable laws.
In the event any litigation is brought by either party
in connection with this License Agreement, the
prevailing party in such litigation shall be entitled
to recover from the other party all the costs,
attorneys' fees and other expenses incurred by such
prevailing party in the litigation.
9. Miscellaneous. This Licence is governed by
Scottish law. Any dispute arising from, or related to,
any term of this Licence shall be subject to the
non-exclusive jurisdiction of the courts of Scotland.
This License Agreement may be amended, altered or
modified only by an instrument in writing, specifying
such amendment, alteration or modification, executed
by both parties. In the event that any provision of
this License Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable,
such provision will be enforced to the maximum extent
permissible and the remaining portions of this License
Agreement shall remain in full force and effect. I hereby
acknowledge that I have read and understand the foregoing
License Agreement and agree that the action of installing
the Program is an acknowledgment of my agreement to
be bound by the terms and conditions of the License
Agreement contained herein. I also acknowledge and
agree that this License Agreement is the complete and
exclusive statement of the agreement between Retro
Army and I and that the License Agreement supersedes
any prior or contemporaneous agreement, either oral
or written, and any other communications between
Retro Army and myself.
LICENSE AGREEMENT BEFORE INSTALLING THIS
SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT.IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE
SOFTWARE.
This software program (the "Program"), any printed
materials, any on-line or electronic documentation,
and any and all copies and derivative works of such
software program and materials are the copyrighted
work of Retro Army Limited. All use of the
Program is governed by the terms of the End User
License Agreement which is provided below ("License
Agreement"). The Program is solely for use by end
users according to the terms of the License Agreement.
Any use, reproduction or redistribution of the Program
not in accordance with the terms of the License
Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Retro Army Limited
("Retro Army") hereby grants, and by installing the
Program you thereby accept, a limited, non-exclusive
license and right to install and use one (1) copy of
the Program for your use on either a home or portable
computer. The Program is licensed, not sold. Your
license confers no title or ownership in the Program.
2. Ownership. All title, ownership rights and
intellectual property rights in and to the Program and
any and all copies thereof (including but not limited
to any titles, computer code, themes, objects,
characters, character names, stories, dialog, catch
phrases, locations, concepts, artwork, animations,
sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, any related
documentation, and "applets" incorporated into the
Program) are owned by Retro Army. The Program is
protected by applicable laws and treaties throughout
the world. All rights not expressly granted to you
herein are reserved by Retro Army.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove,
you may not, in whole or in part, copy, photocopy,
reproduce, translate, reverse engineer, derive source
code, modify, disassemble, decompile, create
derivative works based on the Program, or remove any
proprietary notices or labels on the Program without
the prior consent, in writing, of Retro Army.
B. The Program is licensed to you as a single
product. Its component parts may not be separated for
use on more than one computer.
C. You are entitled to use the Program for your
own use, but you are not entitled to sell, grant a security
interest in or transfer reproductions of the Program to
other parties in any way, nor to rent, lease or license
the Program to others without the prior written consent of
Retro Army.
4. Program Transfer. You may permanently transfer
all of your rights under this License Agreement,
provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program
and any New Materials from your home or portable
computer.
5. Termination. This License Agreement is effective
until terminated. You may terminate the License
Agreement at any time by destroying the Program and
any New Materials. Retro Army may, at its discretion,
terminate this License Agreement in the event that you
fail to comply with the terms and conditions contained
herein. In such event, you must immediately destroy
the Program and any New Materials.
6. Limited Warranty. Retro Army expressly disclaims
any warranty for the Program. The Program is provided
"as is" without warranty of any kind, either express or
implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular
purpose, or noninfringement. The entire risk arising
out of use or performance of the Program remains with
the User, however Retro Army warrants up to and including
90 days from the date of your purchase of the Program
that the media containing the Program shall be free
from defects in material and workmanship. In the event
that the media proves to be defective during that time
period, and upon presentation to Retro Army of proof
of purchase of the defective Program, Retro Army will
at its option 1) correct any defect, or 2) refund your
money. Because some jurisdictions do not allow the exclusion
or limitation of implied warranties or liability for
incidental damages, so the above limitations may not
apply to you.
7. Limitation of Liability. NEITHER RETRO ARMY,
IT'S SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE
FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO
PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT
OF OR RELATED TO THIS AGREEMENT OR THE SOFTWAWRE,
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT,
STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT RETRO ARMY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL RETRO ARMY’S LIABILITY FOR ALL DAMAGES
(EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL
PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT
BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC
PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL,
STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION.
8. Equitable Remedies. You hereby agree that
Retro Army would be irreparably damaged if the terms of
this License Agreement were not specifically enforced,
and therefore you agree that Retro Army shall be
entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with
respect to breaches of this License Agreement, in
addition to such other remedies as Retro Army may
otherwise have available to it under applicable laws.
In the event any litigation is brought by either party
in connection with this License Agreement, the
prevailing party in such litigation shall be entitled
to recover from the other party all the costs,
attorneys' fees and other expenses incurred by such
prevailing party in the litigation.
9. Miscellaneous. This Licence is governed by
Scottish law. Any dispute arising from, or related to,
any term of this Licence shall be subject to the
non-exclusive jurisdiction of the courts of Scotland.
This License Agreement may be amended, altered or
modified only by an instrument in writing, specifying
such amendment, alteration or modification, executed
by both parties. In the event that any provision of
this License Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable,
such provision will be enforced to the maximum extent
permissible and the remaining portions of this License
Agreement shall remain in full force and effect. I hereby
acknowledge that I have read and understand the foregoing
License Agreement and agree that the action of installing
the Program is an acknowledgment of my agreement to
be bound by the terms and conditions of the License
Agreement contained herein. I also acknowledge and
agree that this License Agreement is the complete and
exclusive statement of the agreement between Retro
Army and I and that the License Agreement supersedes
any prior or contemporaneous agreement, either oral
or written, and any other communications between
Retro Army and myself.