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LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and JAYJAY GAMES STUDIO.
BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Grant of License.
Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, JAYJAY GAMES STUDIO grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays.
You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks, or other rights related thereto.
For purposes of the first sentence of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device.
You agree that the Software will not be downloaded, shipped, transferred, exported or re-exported into any country in violation of any law governing such matters by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law.
The Software shall not be downloaded or otherwise exported.
In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes.
JAYJAY GAMES STUDIO reserves all rights not granted in this Agreement, including, without limitation, all rights to JAYJAY GAMES STUDIO' trademarks.
2. Prohibitions with Regard to the Software. You, whether directly or indirectly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
g. disassemble, reverse engineer, decompile, modify or alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 3. herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in section 4. below).
3. Permitted Copying.
You may make only the following copies of the Software:
(i) you may copy the Software from the CD ROM, which you purchase, onto your computer hard drive;
(ii) you may copy the Software from your computer hard drive into your computer RAM; and
(iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk.
4. Intellectual Property Rights.
Certain printed materials (the "Printed Materials") accompany the Software.
The Software, the Printed Materials and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by JAYJAY GAMES STUDIO and are protected by copyright laws, international treaty provisions and all applicable law.
You must treat the Software and the Printed Materials like any other copyrighted material, as required by any applicable law.
You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the New Creations complies with this Agreement.
You agree that you are receiving a copy of the Software and the Printed Materials by limited license only and not by sale and that the "first sale" does not apply to your receipt or use of the Software or the Printed Materials.
This section shall survive the cancellation or termination of this Agreement.
5. NO JAYJAY GAMES STUDIO WARRANTIES.
JAYJAY GAMES STUDIO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS, THE SOFTWARE IMAGES AND OTHERWISE.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. JAYJAY GAMES STUDIO DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS.
ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY JAYJAY GAMES STUDIO AND SHOULD NOT BE RELIED UPON.
This section shall survive the cancellation or termination of this Agreement.
6. General Provisions.
Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you.
JAYJAY GAMES STUDIO may assign its respective rights under this Agreement in the assigning party's sole discretion.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.
Failure of JAYJAY GAMES STUDIO to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND JAYJAY GAMES STUDIO MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.
Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, or the Printed Materials in any manner, and you shall immediately destroy all copies of the Software and the Printed Materials in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in JAYJAY GAMES STUDIO.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN JAYJAY GAMES STUDIO AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER HEREOF.
THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN JAYJAY GAMES STUDIO AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and JAYJAY GAMES STUDIO.
BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Grant of License.
Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, JAYJAY GAMES STUDIO grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays.
You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks, or other rights related thereto.
For purposes of the first sentence of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device.
You agree that the Software will not be downloaded, shipped, transferred, exported or re-exported into any country in violation of any law governing such matters by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law.
The Software shall not be downloaded or otherwise exported.
In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes.
JAYJAY GAMES STUDIO reserves all rights not granted in this Agreement, including, without limitation, all rights to JAYJAY GAMES STUDIO' trademarks.
2. Prohibitions with Regard to the Software. You, whether directly or indirectly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
g. disassemble, reverse engineer, decompile, modify or alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 3. herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in section 4. below).
3. Permitted Copying.
You may make only the following copies of the Software:
(i) you may copy the Software from the CD ROM, which you purchase, onto your computer hard drive;
(ii) you may copy the Software from your computer hard drive into your computer RAM; and
(iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk.
4. Intellectual Property Rights.
Certain printed materials (the "Printed Materials") accompany the Software.
The Software, the Printed Materials and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by JAYJAY GAMES STUDIO and are protected by copyright laws, international treaty provisions and all applicable law.
You must treat the Software and the Printed Materials like any other copyrighted material, as required by any applicable law.
You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the New Creations complies with this Agreement.
You agree that you are receiving a copy of the Software and the Printed Materials by limited license only and not by sale and that the "first sale" does not apply to your receipt or use of the Software or the Printed Materials.
This section shall survive the cancellation or termination of this Agreement.
5. NO JAYJAY GAMES STUDIO WARRANTIES.
JAYJAY GAMES STUDIO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS, THE SOFTWARE IMAGES AND OTHERWISE.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. JAYJAY GAMES STUDIO DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS.
ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY JAYJAY GAMES STUDIO AND SHOULD NOT BE RELIED UPON.
This section shall survive the cancellation or termination of this Agreement.
6. General Provisions.
Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you.
JAYJAY GAMES STUDIO may assign its respective rights under this Agreement in the assigning party's sole discretion.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.
Failure of JAYJAY GAMES STUDIO to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND JAYJAY GAMES STUDIO MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.
Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, or the Printed Materials in any manner, and you shall immediately destroy all copies of the Software and the Printed Materials in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in JAYJAY GAMES STUDIO.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN JAYJAY GAMES STUDIO AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER HEREOF.
THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN JAYJAY GAMES STUDIO AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.