|Power Game Factory Software License Agreement|
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE, AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
The enclosed computer program ("Software") is the work of Sawblade Software, for use only under the terms of this License Agreement. You own the software and the media on which the Software is recorded or fixed.
1. License Agreement. This License allows you to:
(a) Use the Software for personal or commercial projects. To "use" the Software means that the Software is loaded in the temporary memory (i.e., RAM) of a computer.
(b) Make copies of the Software in machine readable form for backup purposes. Additionally, the primary user of the computer on which the Software is installed may make a copy for his or her exclusive use on a second computer. As an express condition of this License Agreement, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Sawblade Software.
(c) Make one (1) copy of the Software to give to a friend. Only the original purchaser of the Software may give it away, and may do so only once. The purchaser of the Software may not sell the software for a fee unless it has been removed from his or her own computer prior to the transaction as explained in section 1(e). Although the purchaser owns the Software, he or she does not own the right to duplicate and distribute the Software to the extent that Sawblade Software loses potential sales.
(d) Store or install the Software on a storage device (e.g., a network server) which is used only to install or run the Software on your other computers over an internal network, however, you must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device. The Software license may not be shared or used concurrently on different computers with the exception of the criteria outlined in section 1(c).
(e) Permanently transfer all your rights under this License Agreement to another party by providing to such party all copies of the Software licensed under this License Agreement together with a copy of this License Agreement and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License Agreement. The recipient party foregos the privledges expressed in section 1(c).
(f) Notwithstanding any other terms in this License Agreement, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
2. Restrictions. The Software is provided in compiled, machine readable form. It may be modified, decompiled or reverse engineered for personal educational purposes only. You may not sell modified copies of the Software, and you may share modified copies of the Software with one person as outlined in section 1(c) of this License Agreement.
3. Termination. This License Agreement is effective until terminated. This License Agreement will terminate immediately without notice from Sawblade Software if you fail to comply with any provision of this License Agreement. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. If, in an attempt to destroy the software in an innovative manner, you accidentally maim, burn, or drown yourself, Sawblade Software will not assume liability.
4. LIMITED WARRANTY. Sawblade Software warrants for a period of sixty (60) days from your date of purchase that (i) the media provided by Sawblade Software, on which the Software is recorded will be free from defects in materials and workmanship under normal use and operating conditions, and (ii) the Software as provided by Sawblade Software will substantially conform to Sawblade Software’s published specifications for the Software. Sawblade Software’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Sawblade Software's option, replacement of the media, or refund of the purchase price.
5. Quality Guarantee. If at any point during the first thirty (30) days from your date of purchase you decide that the Software does not meet your personal requirements, Sawblade Software will refund the purchase price of the Software. Sawblade Software will require that you return the Software in its original packaging. Sawblade Software may request, but will not require, details regarding the cause of your dissatisfaction, so that the Software may be improved in the future.
All warranties or guarantees given or made by Sawblade Software with respect to the Software (1) are for the benefit of the original purchaser/licensee of the Software and are not transferable, and (2) shall be null and void if a purchaser/licensee breaches any terms or conditions of this Agreement.
6. Limitation of Remedies and Damages. To the maximum extent permitted by applicable law, Sawblade Software is not liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages arising from a loss of business profits, business interruption, or the limiting of quality time spent with loved ones), whether foreseeable or unforeseeable, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Sawblade Software has been advised of the possibility of such damage and even if a remedy set forth herein is found to have failed its essential purpose. Sawblade Software’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Software that caused the damages.
The limitation of damages set forth above are fundamental elements of the basis of the bargain between Sawblade Software and you. Sawblade Software would not have provided this product or services without such limitations.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. General. In the event that any of the terms of this License Agreement are in conflict with any rule of law or statutory provision or otherwise unenforceable under the laws of regulations of any government or subdivision thereof, such terms shall be deemed stricken from this License Agreement.
If you have any questions concerning the above license, please contact Sawblade Software.