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END USERS LICENCE AGREEMENT
Please read the following terms and conditions carefully before using this Color Game. Your use, distribution or installation of this copy of "Color Game" indicates your acceptance of this License.
Color Game here means Software, image files, all accompanying files, data and materials received with your order of "Color Game".
If you do not agree to any of the terms of this License, then do not install, distribute or use the Color Game. If you have purchased a single copy from Thomas S Watson or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warrantee is applicable only to products bought within the United States of America. Products downloaded to or shipped out of the United States of America are strictly non-refundable.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This Color Game is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. Color Game may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Thomas S Watson and may not be taken apart, modified, used or published with other software or means except with the Color Game software and may not be distributed or copied in any manner.
This Color Game, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of Thomas S Watson will be limited exclusively to refund of purchase price. In addition, in no event shall Thomas S Watson, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of Color Game.
In addition, in no event does Thomas S Watson authorize you to use this Color Game in applications or systems where Color Game 's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Thomas S Watson harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the United States of America OR STATE.
Thomas S Watson the owner of the copyright of this Color Game, all of its derivatives, title and accompanying materials are the exclusive property of Thomas S Watson. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Thomas S Watson. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this Color Game. You may not make access to Color Game available to others in connection with a service bureau, application service provider, or similar business, or use this Color Game in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Thomas S Watson herein.
You may not disclose to other persons the data or techniques relating to this Color Game that you know or should know that it is a trade secret of the [Thomas S Watson] in any manner that will cause damage to Thomas S Watson.
This Color Game and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any the United States of America, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Thomas S Watson harmless from any claims resulting from the use of this Color Game, which may damage any other party.