BY ACCEPTING THIS LICENSE AGREEMENT FOR THE NAME
GENERATOR (THE "SOFTWARE"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME
A PARTY TO THIS AGREEMENT AS THE "LICENSEE." IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE,
AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
License Agreement.
As used in this Agreement, "Developer" shall mean Ambulocetus
Entertainment. Developer grants Licensee a non-exclusive and non-transferable
license to reproduce and use for personal or business purposes the executable
code version of the Software, provided any copy must contain all of the
original proprietary notices and documentation. This license does not entitle
Licensee to receive from Developer hard-copy documentation, technical support,
telephone assistance, or enhancements or updates to the Software. Developer
may terminate this Agreement at any time, for any reason or no reason.
Developer may also terminate this Agreement if Licensee breaches any of
its terms and conditions. Upon termination, Licensee shall destroy all
copies of the Software.
Restrictions.
Without Developer's prior written consent, Licensee may
not: (i) modify or create any derivative works of the Software or
documentation, including customization, translation or localization, but
excluding modifications to the name sets provided with the Software or
added independently; (ii) decompile, disassemble, reverse engineer,
or otherwise attempt to derive the source code for the Software (except
to the extent applicable laws specifically prohibit such restriction);
(iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise
transfer rights to the Software; (iv) remove or alter any trademark,
logo, copyright or other proprietary notices, legends, symbols or labels
in the Software; Fees. There is no license fee for the Software.
Proprietary Rights.
Name Generator : Developed and Copyrighted (C)
2003 by Ambulocetus Entertainment. All Rights Reserved.
Disclaimer of Warranty.
THE SOFTWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE,
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS,
VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL DEVELOPER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT
OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
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