End user agreement for Favorite Fox Sudoku
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "CLOSE" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF FAVORITE FOX SUDOKU SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS FAVORITE FOX SUDOKU
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the FAVORITE FOX SUDOKU software package ("FAVORITE FOX SUDOKU") with which this Agreement is
included by Favorite Fox ("FF").
Different license terms may apply to other software packages or other
materials from FF, and license terms for later versions of FAVORITE FOX SUDOKU may
also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received FAVORITE FOX SUDOKU in the form of an original FAVORITE FOX SUDOKU distribution package
as distributed by FF, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for FAVORITE FOX SUDOKU are available from FF and FF-authorized FAVORITE FOX SUDOKU
distributors. Copies of FAVORITE FOX SUDOKU not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use FAVORITE FOX SUDOKU free of charge, for the purpose of playing and creating,
changing, storing, distributing and transmitting data files in KSN file format(s).
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of FAVORITE FOX SUDOKU to others, as
long as it is deemed current by FF.
· store, and distribute and transmit to others, the software
description data files created in KSN file format(s) by proper use of
this version of FAVORITE FOX SUDOKU ("proper use" is defined below).
· describe and designate the software description data files created
in KSN file format(s) by proper use of this version of FAVORITE FOX SUDOKU
program ) to others as "KSN" files.
"Proper use" of FAVORITE FOX SUDOKU is use of the FAVORITE FOX SUDOKU program fully in
accordance with FF guidelines, as such guidelines may be changed,
clarified or corrected by FF from time to time. If you have any
questions as to proper use of this FAVORITE FOX SUDOKU program, or other guidelines
regarding use of the terms "KSN", you may contact FF via the contact information included
in this Original Distribution Package.
(c) You may not:
· permit others to use this FAVORITE FOX SUDOKU program unless they are properly
licensed by FF, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this FAVORITE FOX SUDOKU program.
· copy FAVORITE FOX SUDOKU except as described above.
· sell or license copies of FAVORITE FOX SUDOKU to others.
· remove any proprietary notices or labels on FAVORITE FOX SUDOKU or any other FF
· use FAVORITE FOX SUDOKU in or for High Risk Activities (defined below)
(d) All rights not expressly granted by FF in this Agreement are
entirely and exclusively reserved to FF.
4. SUPPORT. FAVORITE FOX SUDOKU contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. KSN FILE FORMAT AND OTHER LICENSES.
(a) The KSN file formats are data file formats that are owned by
solely by FF, and specified and changed from time to time solely by
(b) This FAVORITE FOX SUDOKU program, as distributed in this Original Distribution
Package and when properly used as designated solely by FF, is
intended to create data files in KSN file format(s) endorsed by FF at
the time this Original Distribution Package was first made publicly
available by FF. FF reserves the right to change any KSN file
format at any time at its sole discretion.
6. DISCLAIMER OF WARRANTY. FF DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST FAVORITE FOX SUDOKU BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING FAVORITE FOX SUDOKU AND DISTRIBUTING FILES CREATED THROUGH
USE OF FAVORITE FOX SUDOKU, AND THAT IF YOU USE FAVORITE FOX SUDOKU IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF FAVORITE FOX SUDOKU
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL FF, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF FAVORITE FOX SUDOKU, FILES
CREATED USING FAVORITE FOX SUDOKU, OR YOUR RELATIONSHIP WITH FF. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement.
9. TITLE. FF or its licensors own the FAVORITE FOX SUDOKU software, all other
materials in this FAVORITE FOX SUDOKU Original Distribution Package, the KSN File
Format, and the names and marks "FF" and "FAVORITE FOX SUDOKU", under the copyright, trademark, and trade
secret laws and all other laws that may apply.
10. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
FAVORITE FOX SUDOKU software and all other materials in this FAVORITE FOX SUDOKU Original
Distribution Package and, at FF's sole discretion, any or all of the
files created by you using FAVORITE FOX SUDOKU and distributed to others.
11. HIGH RISK ACTIVITIES. FAVORITE FOX SUDOKU is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of FAVORITE FOX SUDOKU
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). FF and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
12. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and FF. Waiver by FF of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to FAVORITE FOX SUDOKU or to
this Agreement shall be governed by the laws of the United States and
the laws of the State of Washington, without regard to U.S. or
Washington choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to FF or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by FF herein.