End user agreement for Hardwood Hearts
SILVER CREEK ENTERTAINMENT
SOFTWARE LICENSE AGREEMENT
Shareware (trial) Version of Hardwood Hearts (tm), including all versions, patches and upgrades (the
"product") Copyright 1999
Silver Creek Entertainment
P.O. Box 518, Grants Pass, Oregon, 97528
TEL: 1-888-GAMENET (1-888-426-3638), FAX: 1-541-474-3353.
All rights reserved.
This LICENSE also describes the terms and conditions by which Silver Creek Entertainment ("SCE") will
license other parties to distribute this software program which is intended solely for distribution as "shareware"
(the "Product") No use, reproduction or distribution of the Program, or of copies of the Program, is authorized
except in compliance with the terms and conditions set forth below.
The key points to our
LIMITED DISTRIBUTION RIGHTS
As provided in detail below:
Individuals can, and are entirely encouraged! to give away copies of the Product without charge. You are NOT
allowed to give your registration code or the full game to others or make it possible for others to play the full
product, not excluding hacks or patches. You are only allowed to play the full product if you get a registration
code or full version CD from Silver Creek Entertainment.
Online services (including BBSs, and WWW and FTP sites) that are free (except for any subscription fees or
incidental Internet access charges), and BBSs may make the Product available for downloading.
*ALL* OTHER DISTRIBUTION, including by CD-ROM, shareware catalog, or retail rack REQUIRES:
WRITTEN PERMISSION (WHICH SILVER CREEK ENTERTAINMENT MAY WITHHOLD IN ITS
PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT.
DISTRIBUTION OTHERWISE IS PROHIBITED BY LAW AND INFRINGES UPON THE RIGHTS OF
SILVER CREEK ENTERTAINMENT.
======= LICENSE ======
The "Trademarks" consist of the "Silver Creek Entertainment" words and logo, the name of the Product,
product characters, and all other marks used by SCE in connection with the Product. Other trademarks used
for description or comparison purposes are the property of their respective owners.
Except to the extent expressly licensed, Silver Creek Entertainment owns and reserves the exclusive right to
distribute the Product, and the right to use the Trademarks, trade secrets, copyrights and all intellectual property
in connection with it. Its content, layout and format are the property of SCE to the extent permitted by law.
SCE grants a non-exclusive, non-transferable, royalty-free license to distribute the Product only as follows:
(A) INDIVIDUALS are encouraged to share and give copies of the Product to friends, family, coworkers, and
members of any not-for-profit organization, but only without charge, and subject to (E) below.
(B) ONLINE SERVICES (including BBSs, and WWW and FTP sites) that are free(except for any
subscription fees or incidental Internet access charges), and BBSs may make the Product available for
downloading, and subject to (E) below.
(C) These grants are subject to the conditions that no copyright information or trademark will be added or
removed, and all of the Product's files as released by SCE will be included without modification. The only file
you may distribute is the Hardwood Hearts installation file, which is a self-extracting file containing product files
& may NOT be uncompressed and repackaged.
(D) ALL other distribution, including by lease, rental, online service that charges for online access time,
CD-ROM, catalog, and retail rack REQUIRES WRITTEN PERMISSION (which Silver Creek Entertainment
may withhold in its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY
AGREED BENEFIT the Silvercrk may request. Interested persons are invited to contact SCE (proposals are
(E) ALSO EXPRESSLY EXCLUDED are any use or treatment, including decompiling, reverse engineering,
modification, or adoption with or a part from licensor limited to ordinary end-user play
Unless terminated for cause, grants by SCE under this LICENSE terminate 30 days after receipt of written
notice, or such longer period as the notice may provide. Sections (2), and (5) survive termination.
(5) LIMITED WARRANTY AND LIMITATION OF REMEDIES:
THE PRODUCT IS PROVIDED "AS IS", AND NO WARRANTIES OF ANY KIND (INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE),
EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. UNDER NO
CIRCUMSTANCES WILL WE PROVIDE ANY REMEDY FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM IT,
INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR
CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
======= Multiplayer Gameplay ======
=== Normal Guy Comment ===
You still need to read the legal stuff below, but basically it says that we provide the multiplayer game server out
of the kindness of our hearts and we can stop providing, and are not required to provide these servers. You are
only allowed to use the server through the game we provide. Also, we aren't responsible for any costs you
might incur, like internet fees, etc.
=== End Normal Guy Comment ===
(6)GAME SERVERS: The ability to operate this Product over the Internet is dependent on the availability of
servers to connect your game with other game players. Without limiting the generality of any other provision of
this License, although at the time of the initial commercial release of this Product, SCE maintains servers with
which you can connect to play the Product over the Internet, SCE does not guarantee that it will continue to
maintain those servers or that any server will be adequate for your use or maintained for any period of time and
there is no guarantee that pricing for access to servers will not change in the future.
The only authorized method of accessing any game server is to use the unmodified Product as distributed by
SCE. You shall select and then use any such server all at your sole cost, expense and risk, including any
communication costs, such as telephone charges and/or Internet access costs.
SCE shall not have any responsibility or liability to you or any other person or entity for selecting a server, any
technical, service or other problems or difficulties that you may experience in connection with connecting to or
using a server, any player’s or server operator's compliance with any rules or procedures set forth in this
License, the acts or omissions of any player or server operator or any cost or expense incurred by you in
connection with the selection or use of a server, or otherwise in connection with any server.
(7) APPROPRIATE GAME PLAY; RESPONSIBILITY FOR GAME PLAY.
=== Normal Guy Comment ===
You still need to read the legal stuff below, but basically it says that if you are being not very cool, we have the
right to boot you off our server. So be polite to other players and us. We want you to have fun but not at others
=== End Normal Guy Comment ===
You agree to not take any action or pass along any communication, either in or through the Product, that
interferes with another player’s ability to enjoy his or her play of the game or which is objectionable or
inappropriate. Without limiting the previous statement, examples of unacceptable behavior include harassing,
threatening, embarrassing or intimidating another player or person or entity, transmitting a product registration
code (unlock key), transmitting any unlawful, harmful, threatening, profane, offensive, abusive, obscene,
harassing, vulgar or hateful communication or material, or any racially, ethnically or otherwise objectionable
communication or material; impersonating another person or entity, including, without limitation, a SCE
employee or representative, an employee or representative of the operator of the server, another player or an
information provider; disparaging the Product, SCE or any of their representatives or employees, the server
operator or its representatives or employees, any other player or any other person or entity; and, intentionally or
unintentionally violating any applicable local, state, national or international law, regulation or treaty. You are
solely and completely liable for all communications and other activities of every kind and nature conducted by or
through your player name/login name.
(8)LOSS OF PRIVILEGES.
In the event that you engage in conduct prohibited by this License, or otherwise commit any other breach of this
License, then one or more of the following may occur: you may be issued a warning; your account's chat or
other communication abilities may be turned off; use of your account may be temporarily or permanently
blocked; and your use of any other on-line gaming or other similar account that you then or may in the future
maintain with the operator of the server, SCE or their respective affiliates may be temporarily or permanently
(9) NO MONITORING OR PRIVACY.
Communications in connection with the Product are not private and often occur in real-time. Although the rules
regarding appropriate game play are set forth in this License, no person or entity will, as a matter of policy,
screen, edit, monitor or police the content of the communications or other materials transmitted by players, and
therefore there is no promise or guarantee that other players will not provide content or access to content that
players or their parents may find objectionable or inappropriate. Notwithstanding the lack of any policy of
screening, editing, monitoring or policing the content of the materials or communications transmitted by players,
you acknowledge and agree that, to the extent permitted by applicable law, the operator of the server may, in
its sole discretion, monitor some, all or none of the "chat" and other areas of the game for adherence to this
License, choose to act upon inappropriate use of "chat" features or game play, collect, disclose, distribute,
compile and otherwise use for its purposes, as it deems appropriate, any and all data and information gathered
from use of the Product and its "chat" features.
(A) Since we (SCE ) would be irreparably damaged if Sections (2), (3), or (10)(D) were not specifically
enforced, we will be entitled without bond, other security or proof of damages, to appropriate equitable
remedies with respect to breaches of such sections, in addition to such other remedies as we may have.
(B) You will indemnify and hold us, our partners, affiliates, contractors, employees and agents harmless from
damage, loss and expense arising directly or indirectly from your acts and omissions in copying, distributing or
modifying the Product.
(C) With respect to every matter arising under this, you consent to the exclusive jurisdiction and venue of the
state and federal courts sitting in Oregon, and to service by certified mail, return receipt requested, or as
otherwise permitted by law.
(D) You will not modify the Product. You will not decompile, disassemble, or reverse engineer the Product, or
use or disclose any confidential information that it contains.
This version of the license supercedes any previous versions of said document relating to the Product.