End user agreement for Fat Cat Hearts
END USER LICENSE AGREEMENT
Software License for Fat Cat Hearts
IMPORTANT -- READ CAREFULLY: This License Agreement for the software you are about to
install is a legal agreement between you (either an individual or an entity) and Accidental
Software. By installing, copying,playing or otherwise using the Game, you agree to be
bound by the terms of this License Agreement. If you do not agree to the terms of this
License Agreement, do not install the Game.
EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE TERMS OF THIS LICENSE AGREEMENT APPLY
TO ALL VERSIONS OF THE GAME, INCLUDING VERSIONS DOWNLOADED OR ACQUIRED WITHOUT
CHARGE ("SHAREWARE"), FULL VERSIONS FOR WHICH A FEE IS CHARGED, AND ANY LICENSE
KEYS IF APPLICABLE.
THE SHAREWARE VERSION OF THIS GAME MAY CONTAIN USE, FEATURE OR TIME LIMITATIONS.
IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE
GAME BY REGISTERING.
The shareware version of this game may be freely distributed and used by any person, but may
not be sold without prior permission from Accidental Software.
1. GRANT OF LICENSE. Accidental Software hereby grants to you a non-exclusive license
to use the Game and Documentation, provided you may: (i) use the registered version of this
game on any single computer; (ii) use the registered version of this game on a second
computer so long as the first and second computers are not used simultaneously; (iii) copy
the Game for back-up, archival purposes provided any copy must contain all of the original
Game's proprietary notices.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Game except under the terms
listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to
the extent that this restriction is expressly prohibited by law) or create derivative works
based upon the Game or Documentation; (iii) copy the Game or Documentation (except for
back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to
the Game or Documentation; or (v) remove any proprietary notices or labels on the Game or
b) You agree that you shall only use the Game and Documentation in a manner that complies
with all applicable laws in the jurisdiction in which you use the Game and Documentation,
including, but not limited to, applicable restrictions concerning copyright and other
intellectual property rights.
c) The Game is for private use only. You may not use or display this Game for any
d) You may distribute only the Shareware version of this Game to third parties. You may not
distribute any other version of this Game, or any applicable license keys, to any third
3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first copy of the Game
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.
4. TITLE. Title, ownership, rights, and intellectual property rights in and to the
Game and Documentation shall remain in Accidental Software and/or its suppliers. The Game
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 the Game including any content contained in the Game 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.
5. DISCLAIMER OF WARRANTY: THE GAME AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCIDENTAL
SOFTWARE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE GAME AND DOCUMENTATION REMAINS WITH
YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCIDENTAL
SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, 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 GAME, EVEN IF
ACCIDENTAL SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCIDENTAL
SOFTWARE'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES IS LIMITED TO THE
FEES YOU PAID FOR THIS GAME. 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.
6. 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
Accidental Software to effectuate such termination. Upon termination, you must destroy all
copies of the Game and Documentation.
7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: U.S. GOVERNMENT
RESTRICTED RIGHTS: This Game and Documentation may be provided with RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions set forth in
sub paragraphs (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 Accidental Software, 13245 Skiomah Rd, Apple
Valley, CA 92308. You are responsible for complying with all trade regulations and laws
both foreign and domestic. You acknowledge that none of the Game 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 Game 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 the Game to
any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S.
8. 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
Accidental Software. 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 enforce ability 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 Washington, 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 California. Any and all unresolved
disputes arising under this License Agreement shall be submitted to arbitration in the State
of California; 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 Accidental Software (including, but not limited to, any breach that may
impact Accidental Software's intellectual property rights, or a breach by reverse
engineering), Accidental Software 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. Copyright (c) 2001 Accidental Software and/or its
suppliers. 13245 Skiomah Rd, Apple Valley, Ca. U.S.A. All rights reserved. All trademarks
are the property of their respective owners.