Jezz Cubed distribution permissions and end-user license agreement

JezzCubed

Copyright (C) 2006 Silverware Games
All Rights Reserved


PRODUCT LICENSE AGREEMENT
=========================

This Software Licensing Agreement ("Agreement") is a legal agreement between
you and Silverware Games. By installing this Software, by loading or running the
Software, by placing or copying the Software onto your hard drive, or by distributing
the Software, you agree to be bound by the terms of this Agreement. These are the
only terms by which Silverware Games permits copying or use.

SILVERWARE GAMES SOFTWARE LICENSE AGREEMENT FOR JezzCubed

General terms:

1. THE SOFTWARE.

The Software licensed under this agreement is the computer program JezzCubed,
which consists of executable files, data files, and documentation, if any.

2. GRANT OF LICENSE.

Silverware Games grants you the right to use the Software in accordance with the
terms of this Agreement. You may load the software into RAM as well as install
it on a hard disk or other storage device. You may not modify, translate,
disassemble, reverse engineer, decompile, or create derivative works based
on the Software. You agree not to violate any international copyright law, and if
Interpol drops by your house, it’s your problem.

2.1. SHAREWARE OR DEMO VERSION LICENSE.

You may distribute copies of the shareware or demo version of the Software freely
to other users, provided that any copy must contain the original, unaltered
files and proprietary notices. You may register the shareware or demo
version by purchasing a registration key from Silverware Games

2.2. REGISTERED VERSION LICENSE.

When you purchase the Software, you will receive a registration key.
You agree not to distribute the registration key to others and to use
it only for your own personal use. You acknowledge that distributing
a registration key to others, intentionally or unintentionally, could damage
Silverware Games both financially and professionally and it is a low-life,
skuzzy thing to do. If you distribute your registration key without authorization,
this license is automatically terminated, and you agree you’re a jerk .

3. COPYRIGHT.

The Software is owned by Silverware Games and is protected by international
copyright laws and treaties. You must treat the Software like any other copyrighted
material, except that you may make copies of the shareware or demo version
of the Software to give to other people under this Agreement’s terms. You may
not distribute copies of the registered version or the registration key to others.
Except as expressly licensed by Silverware Games in writing, Silverware Games reserves
the exclusive copyright and all other rights, title and interest to distribute the Software,
and to use Trademarks in connection with them. "Trademarks" refers to the name of
the Software, the name Silverware Games, and the Silverware Games logo, which
are Silverware Games’ trademarks.

4. NO WARRANTY.

THE SOFTWARE IS PROVIDED "AS-IS." NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE
ON. SILVERWARE GAMES WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH
FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR
CONTRACT EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

5. TERM.

This license grant is perpetual. You may terminate this Agreement by destroying
all copies of the Software in your possession. Your license to use the Software
terminates automatically if you breach this Agreement’s terms.

6. GENERAL PROVISIONS.

This Agreement is the sole and entire Agreement relating to its subject
matter, and supercedes all prior understandings, agreements, and
documentation relating to the subject matter. If any provision in this
Agreement is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions will continue in full force
without being impaired or invalidated in any way. This Agreement does not
create any agency or partner relationship. Your rights under this Agreement
are personal and do not include any right to sublicense the Software. This
Agreement may be terminated by Silverware Games by giving a 30-day advance
written notice.

7. DISTRIBUTION.

Silverware Games allows and encourages all web sites, on-line services, shareware
disk vendors, CD-ROM vendors, bulletin board systems, and end-users to distribute the
shareware or demo version of this Software freely. If you wish to distribute the shareware or
demo Software, you may obtain the most recent version from www.silverwaregames.com.
It is generally not necessary to contact Silverware Games for authorization, and you
may offer the shareware or demo version immediately.

8. SOFTWARE LICENSE.

The Software and related information is proprietary and confidential information of Silverware Games. You promise 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.

9. GOVERNING LAW; ATTORNEYS` FEES.

This Agreement shall be governed by the substantive and procedural laws of the State of Delaware. You consent to exclusive jurisdiction by the state and federal courts sitting in New Castle County, Delaware. If Silverware Games hires attorneys to enforce any rights arising out of or relating to this Agreement, or brings any claim based in whole or in part upon the Software, Silverware Games shall be entitled to its attorneys` fees and costs, and those guys have no shame. They charge an arm and a leg.

10.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY INSTALLING 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 THIS AGREEMENT’S TERMS AND CONDITIONS.

Thank you for using this Software in accordance this Agreement, fair and square.


______________________


MICROSOFT DirectX 9.0c

SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA")

IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS
Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.

NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"),
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.

Capitalized terms used in this Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to them in the applicable OS Product
EULA.

General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA.

Additional Rights and Limitations.

* If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are
reserved by Microsoft.

* If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm
that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions.

* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.

* You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft’s prior written approval.

SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.

IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE
LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.

IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.

EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF
MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

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