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END USER LICENSE AGREEMENT
This copy of Metal Golem ("the Software Product") and accompanying documentation is licensed
and not sold. This Software Product is protected by copyright laws and treaties, as well as laws
and treaties related to other forms of intellectual property. Divine Vision LLC or its subsidiaries,
affiliates, and suppliers (collectively "Divine Vision") own intellectual property rights in the Software
Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software
Product is subject to these rights and to all the terms and conditions of this End User License
Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE
PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU
WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
"DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage
medium other than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple copies of the Software
Product, or the installation of the Software Product on more than one computer at any given time,
on a system that allows shared used of applications, on a multi-user network, or on any
configuration or system of computers that allows multiple users. Multiple copy use or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Divine Vision, you may not assign your rights
and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software Product by more than one
user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of computers
permitted by license, or permit the use, copying, or installation by more users, or on more
computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the
source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product
or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored
on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DIVINE VISION,
DIVINE VISION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN
FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED
WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Divine Vision makes no warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. Divine Vision makes no warranty that operation of
the Software Product will be secure, error free, or free from interruption. YOU MUST
DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DIVINE
VISION WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE
FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE
DEVICE.
UNDER NO CIRCUMSTANCES SHALL DIVINE VISION, ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS)
RESULTING FROM THIS AGREEMENT, OR FROM THE
FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE
PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, OR THE NEGLIGENCE OF DIVINE VISION OR ANY OTHER PARTY,
EVEN IF DIVINE VISION IS ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS
DIVINE VISION'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS
DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by Divine Vision to have been caused by
you. All limited warranties on the Software Product are granted only to you and are nontransferable. You agree to indemnify and hold Divine Vision harmless from all claims, judgments,
liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Montana, without regard to Montana's conflict or
choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect. To the extent any express or implied restrictions
are not permitted by applicable laws, these express or implied restrictions shall remain in force and
effect to the maximum extent permitted by such applicable laws.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace
shall be solely at the discretion of Divine Vision. Divine Vision reserves the right to substitute a
functionally equivalent copy of the Software Product as a replacement. If Divine Vision is unable to
provide a replacement or substitute Software Product or corrections to the Software Product,
your sole alternate remedy shall be a refund of the purchase price for the Software Product
exclusive of any costs for shipping and handling.
This copy of Metal Golem ("the Software Product") and accompanying documentation is licensed
and not sold. This Software Product is protected by copyright laws and treaties, as well as laws
and treaties related to other forms of intellectual property. Divine Vision LLC or its subsidiaries,
affiliates, and suppliers (collectively "Divine Vision") own intellectual property rights in the Software
Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software
Product is subject to these rights and to all the terms and conditions of this End User License
Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE
PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU
WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
"DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage
medium other than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple copies of the Software
Product, or the installation of the Software Product on more than one computer at any given time,
on a system that allows shared used of applications, on a multi-user network, or on any
configuration or system of computers that allows multiple users. Multiple copy use or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Divine Vision, you may not assign your rights
and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software Product by more than one
user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of computers
permitted by license, or permit the use, copying, or installation by more users, or on more
computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the
source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product
or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored
on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DIVINE VISION,
DIVINE VISION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN
FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED
WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Divine Vision makes no warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. Divine Vision makes no warranty that operation of
the Software Product will be secure, error free, or free from interruption. YOU MUST
DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DIVINE
VISION WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE
FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE
DEVICE.
UNDER NO CIRCUMSTANCES SHALL DIVINE VISION, ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS)
RESULTING FROM THIS AGREEMENT, OR FROM THE
FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE
PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, OR THE NEGLIGENCE OF DIVINE VISION OR ANY OTHER PARTY,
EVEN IF DIVINE VISION IS ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS
DIVINE VISION'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS
DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by Divine Vision to have been caused by
you. All limited warranties on the Software Product are granted only to you and are nontransferable. You agree to indemnify and hold Divine Vision harmless from all claims, judgments,
liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Montana, without regard to Montana's conflict or
choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect. To the extent any express or implied restrictions
are not permitted by applicable laws, these express or implied restrictions shall remain in force and
effect to the maximum extent permitted by such applicable laws.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace
shall be solely at the discretion of Divine Vision. Divine Vision reserves the right to substitute a
functionally equivalent copy of the Software Product as a replacement. If Divine Vision is unable to
provide a replacement or substitute Software Product or corrections to the Software Product,
your sole alternate remedy shall be a refund of the purchase price for the Software Product
exclusive of any costs for shipping and handling.