End user agreement for OceanDive
OceanDive - Ocean Diving Adventure
Copyright (C) 2005 SCS Software. All Rights Reserved.
END-USER LICENSE AGREEMENT
THIS END-USER LICENSE AGREEMENT (EULA) IS A LEGAL CONTRACT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SCS SOFTWARE.
This EULA governs your use of OceanDive - Ocean Diving Adventure (OCEANDIVE), which includes computer software (including data, online and electronic documentation), authorization to use OCEANDIVE (REGISTRATION), and ORIGINAL DISTRIBUTION PACKAGE (defined below).
BY CLICKING "I AGREE" OR DOWNLOADING, INSTALLING, ACCESSING OR USING OCEANDIVE WHETHER ONLINE OR FROM A DISK, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, CEASE USING AND PROMPTLY DELETE OCEANDIVE FROM YOUR COMPUTER.
Original Distribution Package Necessary
In order to qualify terms below, you must have downloaded or received OCEANDIVE in the form of an Original Distribution Package as distributed by SCS SOFTWARE or an authorized distributor, including all files contained in such package. Current distribution packages for OCEANDIVE are available from SCS SOFTWARE`s website at http://www.scssoft.com and http://www.oceandive.com and from authorized distributors. Copies of OCEANDIVE not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
OCEANDIVE is protected by copyright and other intellectual property laws and treaties. You are granted a license only to use OCEANDIVE subject to the terms of this EULA but do not own the software. SCS SOFTWARE retains all title to and ownership of OCEANDIVE. OCEANDIVE includes trade secrets and information that is confidential and proprietary to SCS SOFTWARE or third parties and you agree to take all necessary actions to protect the confidentiality of such information.
Grant and Scope of License
SCS SOFTWARE grants you the following rights, conditioned on your compliance with all the terms and conditions of this EULA:
1. Installation - You may install OCEANDIVE using Original Distribution Package only. You are not limited in number and placements of installation you can perform. You may create any desired number of backup copies of Original Distribution Package of OCEANDIVE.
2. Use - You may use each unmodified version of OCEANDIVE in free trial mode (screensaver mode) indefinitely without ownership of REGISTRATION CODE. If you REGISTER OCEANDIVE, additional functionality will become accessible (additional scenes and free exploration game mode), but it will only be accessible on the computer where the REGISTRATION CODE was generated. In trial mode, OCEANDIVE may remind you to obtain valid REGISTRATION from time to time.
3. Transmission - You may transmit SOFTWARE in the form of DISTRIBUTION PACKAGE only. Other forms of transmission are prohibited.
Limitation on Reverse Engineering, Decompilation, and Dissassembly
You may not modify, disclose, emulate, reverse engineer, decompile, or disassemble OCEANDIVE, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
SCS SOFTWARE grants the end user a non-exclusive and non-transferable license to give exact copies of the Original Distribution Package to others. You may not charge any fee for the copy or use of the Software. OCEANDIVE is "Not for Resale" and you may not resell it or otherwise transfer it for value. You must not represent in any way that you are selling OCEANDIVE itself. You must not represent in any way, express or implied, as to SCS SOFTWARE sponsorship, affiliation or endorsement of your company, or your products or services. Your distribution of OCEANDIVE will not entitle you to any compensation from SCS SOFTWARE. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software. You may not modify the Original Distribution Package in any way.
Limitation of liability, Disclaimer of Warranty
To the maximum extent permitted by applicable law, SCS SOFTWARE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO OCEANDIVE, ITS NON-INFRINGEMENT, QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, OCEANDIVE IS LICENSED “AS IS” AND YOU ASSUME THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. No SCS SOFTWARE authorized distributor, reseller, dealer, agent or employee is authorized to enter into any representation, warranty or guaranty with respect to OCEANDIVE. SCS SOFTWARE's entire liability under this EULA is limited to the amount actually paid by you for OCEANDIVE. IN NO EVENT WILL SCS SOFTWARE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OCEANDIVE, even if advised of the possibility of such damages.
You may not export, ship, transmit, or re-export OCEANDIVE in violation of any applicable law or regulation, including, without limitations, the Export Administration Regulations.
This EULA will terminate automatically without notice from SCS SOFTWARE if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of OCEANDIVE, its Original Distribution Package and REGISTRATION codes.
Severability, Entire agreement
This EULA is the entire agreement between you and SCS SOFTWARE relating to OCEANDIVE, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to OCEANDIVE or any other subject matter covered by this EULA. To the extent the terms of any SCS SOFTWARE policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control unless the parties otherwise agree in writing. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.