postal fudge pack license

fudge_pack (text/plain), 13.52 KB, created by Paul Seidler on 2007-11-19 17:26:50 UTC

Software License Agreement


1.	READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BEFORE INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE
AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL
OR A SINGLE ENTITY "YOU") ON ONE HAND, AND RWS, INC. AND
ITS SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY REFERRED TO
AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT
ENTITLED "POSTAL 2," WHICH INCLUDES COMPUTER SOFTWARE AND
ANY ASSOCIATED MEDIA AND/OR PRINTED MATERIALS (TOGETHER
CALLED "PROGRAM"). BY OPENING THE PACKAGING MATERIALS FOR
THE PROGRAM, OR INSTALLING, COPYING, OR OTHERWISE USING THE
PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE
LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.  IF
YOU DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE
AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM AND DELETE ALL
COPIES IN YOUR POSSESSION.
2.	Company grants you a non-exclusive,
non-transferable license to use the Program, but retains
all property rights in the Program and all copies thereof. 
You may install the Program on a single computer for use by
a single, particular user.  All rights not specifically
granted under this Agreement are reserved by Company and,
as applicable, Company's licensors. This Program is
licensed, not sold, for your use. Your license confers no
title or ownership in this Program and should not be
construed as a sale of any rights in this Program.
3.	You acknowledge that the Program in source code
form remains a confidential trade secret of Company. You
agree not to modify or attempt to reverse engineer,
decompile, or disassemble the Program, except and only to
the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
4.	OWNERSHIP. All right, title and interest and
intellectual property rights in and to the Program
(including but not limited to any titles, computer code,
themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork,
images, photographs, animations, video, sounds,
audio-visual effects, music, musical compositions, text and
"applets," incorporated into the Program), the accompanying
printed materials, and any copies of the Program, are owned
by Company or its licensors. This Agreement grants you no
rights to use such content other than as part of the
Program. All rights not expressly granted under this
Agreement are reserved by Company.
5.	This Agreement is effective upon your opening of
the packaging materials, installation, or your first use of
the Program and shall continue until revoked by Company or
until you breach any term hereof; upon termination you
agree to destroy or delete all copies of the Program in
your possession. 
6.	Except as specifically set forth herein, you shall
not modify the Program or merge the Program into another
computer program (except to the extent the Program is made
to operate within a computer operating system and in
connection with other computer programs) or create
derivative works based upon the Program.  Subject to the
terms and conditions of this Agreement and so long as you
fully comply at all times with all the terms and conditions
of this Agreement, Company grants you a limited, revocable,
non-exclusive and limited right to create for the Program
(but specifically excluding the right to use any software
code from the Program) your own modifications and levels
("Derivative Materials") which shall operate solely with
the Program and not any other version of the Program,
including, demos or updated versions.  You represent and
warrant that the Derivative Materials shall (i) not
infringe on the rights of any third parties; (ii) not be
libelous, defamatory, obscene, false, misleading, or
otherwise illegal or unlawful; (iii) not be downloaded,
shipped, transferred, exported or re-exported in violation
of any laws governing such matters, including the U.S.
Export Administration Act; (iv) not be rented, sold,
leased, licensed, sublicensed, or otherwise commercially
exploited.  You shall fully indemnify the Company and its
distributors, licensors, licensees and their respective
officers, directors,  in connection with any and all claims
arising from or based on the Derivative Materials.  You
acknowledge that you are only granted a license to create
the Derivative Materials and that you shall not own the
Derivative Materials.  Any breach of this Agreement by you
shall result in the automatic termination of such license,
without notice or any further action, and you shall not
have any right to use the Program or any Derivative
Materials.
7.	Do not run, use, or install the Program if you
reside in a country to which the use or installation of the
Program would violate U.S. export laws or regulations, and
do not distribute the Program in violation of such laws or
regulations. The Program may not be transferred or
otherwise exported or re-exported into (or to a national or
resident of) any country to which the U.S. has embargoed
goods or to anyone on the U.S. Treasury Department list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. If you do not meet these
criteria or are not sure, do not run or install the
software and destroy any copies in your possession.  If you
live in such a country, no license is granted hereunder.
8.	To the maximum extent allowed by law, Company, its
licensors and subcontractors do not warrant any connection
to, transmission over, or results or use of, any network
connection or facilities provided (or failed to be
provided) through the Program. You are responsible for
assessing your own computer needs and, if applicable,
transmission network needs, and the results to be obtained
therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS
AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. EXCEPT WITH RESPECT TO THE LIMITED
CD-ROM WARRANTY AS SET FORTH IN SECTION 9 BELOW, COMPANY
AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE
PROGRAM. COMPANY AND ITS LICENSORS ASSUME NO RESPONSIBILITY
FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED
TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM DELAYS,
NON-DELIVERIES, ERRORS, CAUSED BY COMPANY, ITS LICENSORS,
LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OWN ERRORS
AND/OR OMISSIONS. Company and its Licensors make no
warranty with respect to any related software or hardware
used or provided by Company in connection with the Program
except as expressly set forth above.
9.	LIMITED CD-ROM WARRANTY. Notwithstanding anything
to the contrary contained herein, and solely with respect
to Programs distributed on DVD-ROM, Company warrants to the
original consumer purchaser of this Program on DVD-ROM that
the recording medium on which the Program is recorded will
be free from defects in material and workmanship for 90
days from the date of purchase. If the recording medium is
found defective within 90 days of original purchase, you
may return the Program and all accompanying materials along
with your original receipt to the place you obtained it for
a full refund or replacement, subject to such retailers
return policy. This warranty is limited to the recording
medium containing the Program as originally provided by
Company and is not applicable to normal wear and tear. This
warranty shall not be applicable and shall be void if the
defect has arisen through abuse, mistreatment, or neglect.
Any implied warranties prescribed by statute are expressly
limited to the 90-day period described above. 
10.	LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE
THAT COMPANY AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY
LIABILITY FOR ANY ACTION BY COMPANY OR ITS CONTENT
PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH
RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE
PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR
MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY,
LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO
THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT
AS EXPRESSLY PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS'
ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY
BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL
AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES COMPANY'S AND
ITS LICENSORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW. 
11.	INJUNCTION. Because Company would be irreparably
damaged if the terms of this License Agreement were not
specifically enforced, you agree that Company shall be
entitled, without bond, other security or proof of damages,
to appropriate equitable remedies with respect to breaches
of this Agreement, in addition to such other remedies as
Company may otherwise have under applicable laws.
12.	INDEMNITY. At Company's request, you agree to
defend, indemnify and hold harmless Company, its
affiliates, contractors, officers, directors, employees,
agents, licensors, licensees, distributors, content
providers, and other users of the Program, from all
damages, losses, liabilities, claims and expenses,
including attorneys' fees, arising directly or indirectly
from your acts and omissions to act in using the Program
pursuant to the terms of this License Agreement or any
breach of this License Agreement by you. Company reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you hereunder, and in such event, you
shall have no further obligation to provide indemnification
for such matter. 
13.	U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and
documentation have been developed entirely at private
expense and are provided as "Commercial Computer Software"
or "restricted computer software." Use, duplication or
disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clauses in DFARS 252.227-7013 or as set
forth in subparagraph (c)(1) and (2) of the Commercial
Computer Software Restricted Rights clauses at FAR
52.227-19, as applicable. The Contractor / Manufacturer is
RWS, Inc. RWS 3661 N. Campbell #280, Tucson, AZ 85719
14.	TERMINATION. Without prejudice to any other rights
of Company, this License Agreement and your right to use
the Program may automatically terminate without notice from
Company if you fail to comply with any provision of this
Agreement, or any terms and conditions associated with the
Program. In such event, you must destroy all copies of this
Program and all of its component parts.
15.	GENERAL PROVISIONS. You may not use, copy, modify,
sublicense, rent, sell, assign or transfer the rights or
obligations granted to you in this Agreement, except as
expressly provided in this Agreement. Any assignment in
violation of this Agreement is void, except that you may
transfer your Program to another person provided that
person accepts the terms of this License Agreement. If any
provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and such decision
shall not affect the enforceability of: (i) such provision
under other circumstances, or (ii) the remaining provisions
hereof under all circumstances. Company's failure to
enforce at any time any of the provisions of this Agreement
shall in no way be construed to be a present or future
waiver of such provisions, nor in any way affect the right
of any party to enforce each and every such provision
thereafter. The express waiver by Company of any provision,
condition or requirement of this Agreement shall not
constitute a waiver of any future obligation to comply with
such provision, condition or requirement. Notwithstanding
anything else in this Agreement, no default, delay or
failure to perform on the part of Company shall be
considered a breach of this Agreement if such default,
delay or failure to perform is shown to be due to causes
beyond the reasonable control of Company. This Agreement
shall be governed by the laws of the State of Arizona and
the United States without regard to its conflicts of laws
rules and you consent to the exclusive jurisdiction of the
state and federal courts in Pima County, Arizona. The
United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this
Agreement. This Agreement represents the complete agreement
concerning this License Agreement between you and Company. 

If you have any questions concerning this license, you may
contact RWS 3661 N. Campbell #280, Tucson, AZ 85719

Postal(TM) Fudge Pack (c) 2006 RWS, Inc.  Developed by RWS,
Inc.  Published by RWS Inc, LLC.  Unreal(TM) Engine (c)
1997-2002 Epic Games, Inc.  All Rights Reserved. 
MathEngine Karma (c) 2002 MathEngine PLC. Postal, Postal 2,
the Postal 2 logo, Running With Scissors, and the Running
With Scissors logo are trademarks or registered trademarks
of RWS, Inc. Epic Games and Unreal are registered
trademarks or trademarks of Epic Games, Inc, used under
license.  MathEngine and Karma and the MathEngine and Karma
logos are registered trademarks or trademarks of MathEngine
PLC, used under license.  All rights reserved.