End user agreement for #1free Minesweeper
Silver Creek Entertainment Freeware License Agreement
You must read this product license carefully. By using this software, you are acknowledging that you have read and understand this license and are agreeing to be bound by it's terms.
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 Product 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).
(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.
(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.