VortHex 1.10

EULA - End User License Agreement

VortHex - JOLLY BEAR GAMES END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:

This is an agreement between you ("the User") and Jolly Bear Games ("Jolly Bear") setting out the terms and conditions ("the Terms") upon which you are licensed to use the Jolly Bear product "VortHex" and all related documentation and materials (collectively, the "Software").

By installing, copying, downloading, accessing or otherwise using the Software, you are agreeing to be bound by the Terms of this agreement. If you do not agree to the Terms, do not use or install the Software and promptly return the Software to the place from which you purchased it for a full refund.

EXCEPT AS EXPRESSLY PROVIDED BELOW, THE TERMS OF THIS AGREEMENT APPLY TO ALL COMPONENTS AND VERSIONS OF THE SOFTWARE, INCLUDING ANY COMPONENTS OR VERSIONS JOLLY BEAR AUTHORIZES FOR ACCESS OR USE WITHOUT CHARGE ("TRIAL VERSION"), ANY COMPONENTS OR VERSIONS JOLLY BEAR AUTHORIZES FOR ACCESS AND USE FOR A FEE OR OTHER AMOUNT ("RETAIL VERSION"), AND ANY ACCESS CODES OR LICENSE KEYS PROVIDED TO THE USER BY JOLLY BEAR OR ITS AUTHORIZED RETAILER FROM WHOM THE USER PURCHASES OR OTHERWISE RECEIVES A RETAIL VERSION FOR USE WITH SUCH RETAIL VERSION ("LICENSE KEY").

SOFTWARE LICENSE

The Software is the confidential and proprietary property of Jolly Bear and is protected by state, federal and international copyright and intellectual property laws and treaties. The Software is licensed, not sold.

GRANT OF LICENSE

This agreement hereby grants the User, a non-exclusive, non-transferable license to use the Software for personal, non-commercial home use only. The User may use the Software on any single computer and also on a second computer, provided the Software will not be in use on both computers simultaneously. The User may make one copy of the Software to floppy disk, or other means as appropriate for the purpose of backup.

LICENSE LIMITATIONS

The Software, or any component thereof, may not be used for any commercial purpose, including without limitation, licensed, sublicensed, resold, rented, leased, distributed or used on a for-charge basis.

The User may not: (a) provide access to or allow the use of the Software by or to another person or entity, including without limitation, the use of any License Key; (b) modify, adapt, translate, publicly display, prepare derivative works from, reverse engineer, decompile, disassemble or attempt to derive source code from the Software; (c) circumvent or disable any access or licensing control features of the Software; (d) obscure, remove or modify any intellectual property or proprietary notices or labels contained in or provided with the Software; or (v) access, install or otherwise use any Retail Version of the Software except through the use of the License Key issued to the User for such Retail Version.

The user may only use the Trial Version of the Software for evaluation purposes during the trial period.

OWNERSHIP

Jolly Bear owns and retains all rights, title to and interest in the Software and all copies and derivative works thereof, including all copyrights, patents, trade secret rights, trademarks and other intellectual property and proprietary rights therein.

LICENSE KEY

The User shall access and use the Retail Version of the Software by means of the License Key provided to the User by Jolly Bear or its authorized retailer from whom the User purchased or otherwise received the Retail Version. The User agrees to keep all License Keys confidential and to use them only in conjunction with the User's permitted use of the Software as expressly authorized by the Terms of this agreement and in accordance with any instructions provided to the User with the License Keys.

TERMINATION

This agreement will terminate automatically and without notice if the User breaches or otherwise fails to comply with the Terms of this agreement; or upon notice from Jolly Bear. Upon any termination of this agreement, the User must refrain from any further use of the Software and promptly destroy the Software, as well as all copies of the Software, whether made under the Terms of this agreement or otherwise.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED "AS IS", WITH ALL DEFECTS, ERRORS, MALFUNCTIONS AND OTHER PROBLEMS, AND WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. JOLLY BEAR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. THE USER (AND NOT JOLLY BEAR) ASSUMES THE RISK AND ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL JOLLY BEAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JOLLY BEAR OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. JOLLY BEAR'S SOLE AND EXCLUSIVE LIABILITY TO THE USER FOR ACTUAL DIRECT DAMAGES IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE.

EXPORT RESTRICTIONS

The User acknowledges and agrees that the Software may be subject to applicable export control laws and regulations of the United States of America. The User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to the United States of America export restrictions.

GENERAL

Any action related to these Terms will be governed exclusively by California law and controlling United States of America federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire agreement relating to the use of the Software and prevail over any prior or contemporaneous, conflicting or additional, communications. Part or all of any provision of these Terms that is invalid or unenforceable will be severed from these Terms and the remaining provisions of these Terms continue in force. The Terms of this agreement cannot be modified by any terms in any printed forms used by the parties in performing the agreement, and can only be modified by express written consent of both parties.

Copyright (c) 2004 Jolly Bear Games. All Rights Reserved.