End user agreement for 52-Pickup
52-PICKUP COPYRIGHT. 1992-2009 LingBring Inc. ALL RIGHTS RESERVED
SOFTWARE LICENSE AGREEMENT
This software is copyright and as such you must agree to the terms contained in this agreement to install and use the software. If you do not agree to the terms specified herein, do not proceed to install this software.
This software is FREEWARE.
You may share the Software with others for no charge or for no more than the cost of duplication.
You may not: (i) distribute the Software for more than a modest duplication fee; (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 Software or Documentation; (iii) alter, manipulate, or spoof in any way data transmitted from the Software to the upwithabang.com server; (iv) copy, alter, or otherwise manipulate any images used in the Software or replicate them for use elsewhere; (v) alter the software or its packaging in such a way as to prohibit Internet access of the game (however, the game may be installed as-is on a system without Internet access.)
THIS SOFTWARE IS SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. IN NO CASE WILL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES INCURRED BY THE USE OF THIS SOFTWARE.
The author expressly disclaims all warranties, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, of fitness for a particular purpose, noninfringement of third party intellectual property rights, and any warranty that may arise by reason of trade usage, custom, or course of dealing. Without limiting the foregoing, you acknowledge that the software is provided "as is" and that the author does not warrant that the software will run uninterrupted or error free nor that the software will operate with hardware and/or software not provided by the author. This disclaimer of warranty constitutes an essential part of the agreement.
The entire risk as to results and performance of the software is assumed by you. Under no circumstances will the author or its licensors be liable for any direct or special, indirect, incidental, exemplary or consequential damages of any kind or nature whatsoever, whether based on contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in any way related to the software or this agreement, even if the author or its licensors have been advised of the possibility of such damage or if such damage could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided in this agreement. Such limitation on damages includes, but is not limited to, damages for loss of goodwill, lost profits, loss of data or software, work stoppage, computer failure or malfunction or impairment of other goods. In no event will the author or its licensors be liable for the costs of procurement of substitute software or services. In addition, in no event will the total liability of the author in connection with this agreement or the software exceed the actual amount paid to the author, if any, for the software giving rise to the claim. You acknowledge that this software is not designed or licensed for use in on-line equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or life-critical applications. The author expressly disclaims any liability resulting from use of the software in any such on-line equipment in hazardous environments and accepts no liability in respect of any actions or claims based on the use of the software in any such on-line equipment in hazardous environments by you. For purposes of this paragraph, the term "life-critical application" means an application in which the functioning or malfunctioning of the software may result directly or indirectly in physical injury or loss of human life.
This agreement shall be governed by the laws of the Province of Alberta Canada.
The SOFTWARE may not be distributed.
Visit http://UpWithABang.com/52Pickup/ for updates/changes to this document.