Thomas and the Magical Words distribution permissions and end-user license agreement

END USER LICENSE AGREEMENT (EULA)

This Software Licensing Agreement ("Agreement") is a legal agreement between ViquaSoft Co., Ltd. and you. 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.

1. THE SOFTWARE

The Software licensed under this agreement is the computer program Thomas and the Magical Words (Software), which consists of executable files, data files, and documentation.

All copyrights to the Software are exclusively owned by ViquaSoft Co., Ltd.

2. GRANT OF LICENSE.

ViquaSoft Co., Ltd. grants you the right to use the Software in accordance with the terms of this Agreement. Subject to the terms below, ViquaSoft Co., Ltd. hereby grants you a non-exclusive, non-transferable license to install and to use Thomas and the Magical Words (`Software`).

Under this license, you may: (i) install and use the Software on a single computer for your personal, internal use (ii) copy the Software for back-up or archival purposes.

You may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of ViquaSoft Co., Ltd.; (iii) remove any proprietary notices or labels on the Software; (iv) resell, lease, rent, sublicense, or otherwise transfer rights to the Software.

2.1. UNREGISTERED TRIAL VERSION

Anyone may use this software during a trial period enforced by the Software. Once the trial period is over, you MUST register the Software to continue using it.

ViquaSoft Co., Ltd. allows and encourages all web sites, on-line services, shareware disk vendors, CD-ROM vendors, bulletin board systems, and end-users to freely distribute the Unregistered Trial Version of this Software. If you wish to distribute the unregistered trial version of this Software, you may obtain the most recent version from http://www.viquagames.com. It is generally not necessary to contact ViquaSoft Co., Ltd. for authorization, and you may begin offering the unregistered trial version immediately.

2.2 REGISTERED VERSION

The registered version of this software can be obtained by purchasing online at http://www.viquagames.com. You agree not to distribute the registered version to others and to use it only for your own personal use. Any unauthorized distribution of your registered version will result in immediate and automatic termination of your license and may result in criminal and/or civil prosecution

3. TITLE

You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of ViquaSoft Co., Ltd.. The Software is protected by Thai and international copyright laws.

4. DISCLAIMER OF WARRANTY

YOU AGREE THAT VIQUASOFT CO., LTD. HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU `AS IS` WITHOUT WARRANTY OF ANY KIND. VIQUASOFT CO., LTD. DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
VIQUASOFT CO., LTD. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL VIQUASOFT CO., LTD. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF VIQUASOFT CO., LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIQUASOFT CO., LTD. BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

6. TERMINATION

Any actions in violation of this agreement by you shall result in immediate and automatic termination of your license. Upon termination, you must remove and destroy all copies of the Software.

7. MISCELLANEOUS:

Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

Governing Law.
This Agreement will be governed by the laws of Thailand and all related international laws. With respect to every matter arising under this Agreement, you consent to the exclusive jurisdiction of the courts sitting in Thailand.

Entire Agreement.
You agree that this is the entire agreement between you and ViquaSoft Co., Ltd., which supersedes any prior agreement, whether written or oral, and all other communications between ViquaSoft Co., Ltd. and you relating to the subject matter of this Agreement.

Reservation of rights.
All rights not expressly granted in this Agreement are reserved by ViquaSoft Co., Ltd..


Thomas and the Magical Words is based in part on:

LoadJPG by by Olivier Thill (http://members.aol.com/olivthill/)
JpegFile by smallest@smalleranimals.com (http://www.smalleranimals.com/jpegfile.htm)
This software is based in part on the work of the Independent JPEG Group.

Ogg-Vorbis Copyright (c) 2002, Xiph.org Foundation
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS`` AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE

WordNet 2.1 Copyright 2005 by Princeton University. All rights reserved.
THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON
UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PRINCETON
UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANT-
ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE
OF THE LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT
INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR
OTHER RIGHTS.

ViquaSoft Co., Ltd. allows and encourages all web sites, on-line services, shareware disk vendors, CD-ROM vendors, bulletin board systems, and end-users to freely distribute the Unregistered Trial Version of this Software. If you wish to distribute the unregistered trial version of this Software, you may obtain the most recent version from http://www.viquagames.com. It is generally not necessary to contact ViquaSoft Co., Ltd. for authorization, and you may begin offering the unregistered trial version immediately.

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