License
Mopius - Andreas Jakl Reinhard.
Software License
Last Updated: November 1st, 2004
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL.
1. License.
The software and documentation you receive by downloading this software are licensed, not sold, to you by Mopius. Mopius retains title to the software, and the software and any copies which this License authorizes you to make are subject to this License.
2. Demo version.
a) Permitted Uses.
You may install and use the demo version of the software on an unlimited number of devices. You may also make copies of the game for archival or distributional purposes.
b) Restrictions.
You may not sublicense, rent, sell or lease the demo version or any portion of it. It is not allowed to decompile, reverse engineer or modify the demo version or any portion of it.
3. Registered version.
a) Permitted Uses.
You may install and use the registered version of the game on one device. You may make a copy of the game for archival purposes only.
b) Restrictions.
You may not sublicense, rent, lease or transfer your personal registration number. You may not sublicense, rent, sell or lease the registered version or any portion of it. It is not allowed to decompile, reverse engineer or modify the registered version or any portion of it.
c) No refunds.
The free demonstration version is identical to the registered version. You are responsible to try the free version on your mobile phone before buying the activation code. If it does not work, you understand that we can not refund money if you bought the game without trying out the free version.
4. Disclaimer of Warranty.
The software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the software is at your sole risk. The software is provided "AS-IS" and without warranty of any kind and Mopius EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. MOPIUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, MOPIUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOPIUS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MOPIUS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING MOPIUS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MOPIUS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Mopius' total liability to you for all damages exceed the amount that you have paid for the software.
5. Controlling Law and Severability. This License shall be governed by the laws of Austria. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
6. Waiver and Modifications.
All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document signed by both parties. If you have any questions about this License, please contact Mopius.
6. Term and Termination.
6.1 Term.
The term of this License will begin as of the date that you install the Product and will remain in effect perpetually unless terminated under this Section 5.
6.2 Termination for Cause.
Mopius may terminate this License if you breach your obligations hereunder. Mopius will effect such termination by giving you notice of termination, specifying therein the alleged breach. If your breach is curable, you will have a grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty (30) day grace period, then this License will remain in effect; otherwise, this License will automatically terminate upon the conclusion of the thirty (30) day grace period.
6.3 Effect of Termination.
Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the Software; (b) you must return to Mopius or destroy all copies of the Product provided to or made by you, and will, within ten (10) days after the effective date of termination, provide Mopius with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License with the exception of the licenses granted in Sections 2, 3 and 4, will survive termination of this License for any reason.
Mopius
Andreas Jakl Reinhard
Widerinstr. 22
3100 St. Pölten
Austria
http://www.mopius.com/
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