The following is the distribution agreement for the Shareware version of Enigmacross
for Windows, hereinafter referred to as the SOFTWARE.
The SOFTWARE is protected by United States copyright law and international treaty
provisions. You acknowledge that no title to the intellectual property in the
SOFTWARE is transferred to you. You further acknowledge that title and full ownership
rights to the SOFTWARE will remain the exclusive property of Crossdown and you will
not acquire any rights to the SOFTWARE except as expressly set forth in this license.
You agree that any copies of the SOFTWARE will contain the same proprietary notices
which appear on and in the SOFTWARE.
You agree that you will not attempt to reverse compile, modify, translate, or disassemble
the SOFTWARE in whole or in part. You may not use, copy, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as
provided in this agreement. Any such unauthorized use shall result in immediate and
automatic termination of this license.
All distribution of SOFTWARE is further restricted with regard to sources which also
distribute virus source code and related virus construction/creation materials. The
SOFTWARE may not be made available on any site, CD-ROM, or with any package which makes
available or contains viruses, virus source code, virus construction programs, or virus
Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or
franchisable. Each entity wishing to distribute the package must independently satisfy the
terms of the distribution license.
You agree that the SOFTWARE will not be shipped, transferred or exported into any country
or used in any manner prohibited by the United States Export Administration Act or any
other export laws, restrictions or regulations.
Use, duplication, or disclosure by the U.S. Government of the computer software and
documentation in this package shall be subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is Crossdown, 133 Akron
Street, Rochester, NY 14609-7618.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. CROSSDOWN DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CROSSDOWN NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF CROSSDOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO CROSSDOWN, IF ANY.
In the event of invalidity of any provision of this license, the parties agree that such
invalidity shall not affect the validity of the remaining portions of this license.
This agreement shall be governed by the laws of the State of New York excluding
the application of its conflicts of law rules and shall inure to the benefit of
Crossdown and any successors, administrators, heirs and assigns. Any action or proceeding
brought by either party against the other arising out of or related to this agreement shall
be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Monroe
County, New York. The parties hereby consent to in personam jurisdiction of said courts.
The United Nations Convention on Contracts for the International Sale of Goods is specifically
You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of
your purposes upon commencement of your use.
This is the entire agreement between you and Crossdown which supersedes any prior agreement
or understanding, whether written or oral, relating to the subject matter of this
All rights not expressly granted here are reserved to Crossdown.