End user agreement for iTambal
BORNTHINKER (EPH SOFTWARE)
LICENSE AGREEMENT AND LIMITED WARRANTY
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING
THIS SOFTWARE. THIS DOCUMENT IS AN AGREEMENT
BETWEEN YOU AND BORNTHINKER. BORNTHINKER IS
WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU
ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE
TERMS CONTAINED IN THIS AGREEMENT. BY
INSTALLING, COPYING, PLAYING OR OTHERWISE
USING THIS SOFTWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE.
"BornThinker is owned by Eph Software.
Any reference of BornThinker implies and embodies
Eph Software and its affiliates."
EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE TERMS
OF THIS LICENSE AGREEMENT APPLY TO ALL VERSIONS
OF THIS SOFTWARE, INCLUDING VERSIONS DOWNLOADED
OR ACQUIRED WITHOUT CHARGE ("SHAREWARE"), FULL
VERSIONS FOR WHICH A FEE IS CHARGED, AND ANY
LICENSE KEYS IF APPLICABLE.
REDISTRIBUTION NOT PERMITTED EXCEPT AS
SPECIFICALLY PROVIDED BELOW.
THE SHAREWARE VERSION OF THIS SOFTWARE MAY
CONTAIN USE, FEATURE, LEVEL OR TIME LIMITATIONS.
IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY
PURCHASE THE FULL VERSION OF THIS SOFTWARE AT
1. GRANT OF LICENSE. BORNTHINKER hereby grant
to you a non-exclusive license to use this
Software and Documentation, provided you may:
(a) Install this software on any single computer
(b) Use this software on a second computer so
long as the first and second computers are not
(c) Copy this software for back-up, archival
purposes provided any copy must contain all of
the original software's proprietary notices and
are kept in your possession.
2. LICENSE RESTRICTIONS. The following uses of
this software are prohibited. You may not:
(a) Permit other individuals to use this software
except under the terms listed above
(b) Modify, translate, reverse engineer,
decompile, disassemble (except to the extent that
this restriction is expressly prohibited by law)
or create derivative works based upon this
Software or Documentation
(c) Copy this software or documentation (except
for back-up or archival purposes)
(d) Rent, lease, transfer, or otherwise transfer
rights to this software or documentation
(e) Remove any proprietary notices or labels on
this Software or Documentation.
(f) Upload or transmit this software or any
portion of it, to the Internet, any electronic
bulletin board, network, or other type of
multi-use computer system regardless of purpose
(g) Incorporate or include this software with
any other software product.
3. SEVERABILITY. This agreement shall be governed
by the laws of the United States of America and
all applicable laws in the jurisdiction in which
you use this software and documentation,
including, but not limited to, applicable
restrictions concerning copyright and other
intellectual property rights. If any provision,
or any portion of this agreement is found to be
unlawful, void, or for any reason unenforceable,
it shall be severed from, and shall in no way
affect the validity or enforceability of the
remaining provisions of this agreement.
4. PRIVATE USE ONLY. This Software is for
private use only. Commercial use is prohibited.
You may not use or display this software for any
commercial purpose. Under no circumstances shall
you, the end user, be permitted, allowed or
authorized to commercially exploit the Software.
Neither you nor anyone at your direction shall:
(a) Profit in any manner or through any medium
whatsoever to commercially exploit the software,
including compilation discs, level packs, theme
packs or use the software for any commercial
purpose without the express written permission
5. SHAREWARE VERSION. You may distribute only
the Shareware version of this software to third
parties. You may not distribute any other
version of this software, or any applicable
license keys, to any third party.
6. COPIES OF SOFTWARE AND ENHANCEMENTS. If you
receive the first copy of this software
electronically and a second copy on physical
media (e.g., CD, diskette, etc.), the second copy
may be used for archival purposes only and may
not be transferred to or used by any other person.
This license does not grant you any right to any
enhancement or update.
7. TITLE. Title, ownership, rights, and
intellectual property rights in and to this
Software and Documentation shall remain in
BornThinker (Eph Software). This Software is
protected by the copyright laws of the United
States and international copyright treaties.
Title, ownership rights and intellectual property
rights in and to the content accessed through
this Software including any content contained in
this Software media demonstration files shall be
retained by the applicable content owner and may
be protected by applicable copyright or other law.
This license gives you no rights to such content.
8. DISCLAIMER OF WARRANTY: THE SOFTWARE AND
DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BORNTHINKER FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION
REMAINS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
BORNTHINKER OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS AGREEMENT OR THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF
BORNTHINKER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
9. TERMINATION: This License Agreement shall
terminate automatically if you fail to comply
with the limitations described in this license.
No notice shall be required from BornThinker to
effectuate such termination. Upon termination,
you must destroy all copies of the software
10. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT
RESTRICTIONS: U.S. GOVERNMENT RESTRICTED RIGHTS:
This Software and Documentation may be provided
with RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to
restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer
Software--Restricted Rights 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, and in similar
clauses in the NASA FAR supplement, as applicable.
Manufacturer is Eph Software. You are
responsible for complying with all trade
regulations and laws both foreign and domestic.
You acknowledge that none of the software or
underlying information or technology may be
downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba,
Iraq, Libya, Sudan, North Korea, Iran, Syria or
any other country subject to a U.S. embargo; or
(ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the
U.S. Commerce Department's Denied Parties List
or Entity List. By using the Software you are
agreeing to the foregoing and are representing
and warranting that
(i) no U.S. federal agency has suspended,
revoked, or denied you export privileges,
(ii) you are not located in or under the control
of a national or resident of any such country or
on any such list, and
(iii) you will not export or re-export this
Software to any prohibited county, or to any
prohibited person, entity, or end-user as
specified by U.S. export controls.
11. MISCELLANEOUS. This License Agreement shall
constitute the complete and exclusive agreement
between us. The terms and conditions contained
in this License Agreement may not be modified
except in a writing duly signed by you and an
authorized representative of BORNTHINKER.
If any provision of this License 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
such provision under other circumstances, or of
the remaining provisions hereof under all
circumstances. This License Agreement shall be
governed by the laws of the State of Missouri,
without regard to conflicts of law provisions,
and you hereby consent to the exclusive
jurisdiction of the state and federal courts
sitting in the State of Missouri. Any and all
unresolved disputes arising under this License
Agreement shall be submitted to arbitration in
the State of Missouri; except that, to the extent
that you have breached or have indicated your
intention to breach this License Agreement in
any manner which may cause continuing or
irreparable harm to BORNTHINKER (including, but
not limited to, any breach that may impact
BORNTHINKER's intellectual property rights, or a
breach by reverse engineering), BORNTHINKER may
seek injunctive relief, or any other appropriate
relief, in any court of competent jurisdiction.
Any arbitration of a dispute under this
Agreement shall be conducted under the rules
then prevailing of the American Arbitration
Association. The arbitrator's award shall be
binding and may be entered as a judgment in any
court of competent jurisdiction. This License
Agreement will not be governed by the United
Nations Convention of Contracts for the
International Sale of Goods, the application of
which is hereby expressly excluded.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND
BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND
BORNTHINKER AND SUPERSEDES ALL PROPOSALS OR PRIOR
ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN YOU AND BORNTHINKER OR ANY
REPRESENTATIVE OF BORNTHINKER RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
Copyright © 2004 BornThinker.
All rights reserved.