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Expansion
Pack - Software License Agreement
This Software License Agreement (the "Agreement")
is a legal agreement between you, the end user (the "Licensee"),
and BlitWise Productions, LLC. (BlitWise Productions). By
continuing the installation of this weapon expansion for [Insert
Game Name] Deluxe entitled [Insert Expansion Name] Pack, by
loading or using the data, or by placing or copying the data
onto your computer hard drive, computer RAM or other storage,
you are agreeing to be bound by the terms of this Agreement.
1. SOFTWARE LICENSE
BlitWise
Productions hereby grants, and Licensee hereby accepts, a
license to operate the Software provided hereunder in accordance
with the following terms:
(a) BlitWise
Productions grants to Licensee a limited, non-exclusive, nontransferable,
non-assignable royalty-free license to use the expansion pack
with a registered copy of the program [Insert Product Name]
Deluxe that is installed on a CPU at the Licensee's premises.
(b) Except
as otherwise expressly provided herein, all rights are exclusively
reserved to BlitWise Productions. Licensee shall not rent,
lease, sell, sublicense, assign, mortgage, pledge, or otherwise
transfer or encumber the Software, including any accompanying
Documentation and information. Licensee shall not reverse
engineer, de-compile, or disassemble the Software except to
the extent that this restriction is expressly prohibited by
applicable law. BlitWise Productions shall retain title and
all ownership rights to the Software.
(c) The
Software and related information is proprietary and confidential
information of BlitWise Productions. Licensee agrees not to
disclose or provide the Software, Documentation, or any related
information (including the Software features or the results
of use) to any third party or use the Software for any purpose
other than expressly provided in this Agreement. However,
Licensee may disclose confidential information in accordance
with judicial or other governmental order, provided Licensee
shall give BlitWise Productions reasonable written notice
prior to such disclosure and shall comply with any applicable
protective order or equivalent. Further, Licensee shall not
be obligated to maintain the confidentiality of information
which Licensee can prove: (i) is already known to Licensee
without an obligation to maintain the same as confidential;
(ii) becomes publicly known through no wrongful act of Licensee;
(iii) is rightfully received from a third party without breach
of an obligation of confidentiality owed to BlitWise Productions;
or (iv) was independently developed by Licensee prior to receipt
of the Software. This provision shall survive the termination
or expiration of this Agreement with respect to any information
that has not been made public by BlitWise Productions.
2. WARRANTY;
DISCLAIMER OF WARRANTIES.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BlitWise Productions FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
AND DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BlitWise Productions,
ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS OPPORTUNITIES, OR OTHER PECUNIARY LOSS) ARISING OUT
OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF Blitwise Productions HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO LICENSEE.
3. GOVERNING
LAW; ATTORNEYS' FEES. This Agreement shall be governed by
those laws of the State of New York which are applicable to
agreements entered into and performed entirely within the
State of New York. Licensee consents to exclusive jurisdiction
by the state and federal courts sitting in the County of Broome,
State of New York. If either BlitWise Productions or Licensee
employs or engages attorneys to enforce any rights arising
out of or relating to this Agreement, or brings any claim
against the other based in whole or in part upon the Software,
the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs from the other party.
4. U.S.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the
United States government, its agencies and/or instrumentalities
is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of The Rights in Technical Data and Computer Software clause
of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the
Commercial Computer Software -- Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is BlitWise Productions,
LLC.
5. EXPORT
RESTRICTIONS. Licensee acknowledges that the Software licensed
hereunder is subject to the export control laws and regulations
of the USA, and any amendments thereof. Licensee confirms
that with respect to the Software, it will not export or re-export
it directly or indirectly, to: (i) any countries that are
subject to USA export restrictions (currently including, but
not necessarily limited to, Cuba, the Federal Republic of
Yugoslavia (Serbia and Montenegro), Haiti, Iran, Iraq, Libya,
North Korea, and Syria), (ii) any end user who Licensee knows
or has reason to know will utilize the Product in the design,
development or production of nuclear, chemical, or biological
weapons; or (iii) any end user who has been prohibited from
participating in the USA export transactions by any federal
agency of the USA government. Recipient further acknowledges
that the Software may include technical data subject to export
and re-export restrictions imposed by USA law.
6. PARTIES
BOUND. If Licensee is accepting the terms and conditions of
this Agreement on behalf of a company, then the individual
accepting this Agreement represents that he/she has authorization
to accept on behalf of such company, also agrees that in addition
to the applicable company, he or she will be personally bound
by this Agreement, and agrees that the Software shall remain
on the company premises, unless otherwise agreed in writing
by BlitWise Productions.
YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY
PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE
OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
SEPARATE BETWEEN BlitWise Productions AND YOU, IF ANY, THIS
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS
AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES
ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND
ANY OTHER COMMUNICATIONS BETWEEN BlitWise Productions AND
YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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