on each copy of
the Softheon Software or portion thereof, all copyright or other proprietary
notices contained on the original.
(b)
You may also make one copy of the Softheon Software in machine-readable form for
backup purposes only.
You may not rent, lease, loan, sublicense or otherwise
redistribute the Softheon Software, in whole or in part.
Except as and only to
the extent permitted by applicable law, you may not decompile, reverse engineer,
disassemble, modify, or create derivative works of the Softheon Software or any
part thereof.
3. Termination.
This License is effective until terminated.
Your rights under
this License will terminate automatically without notice from Softheon:
(a) if
you fail to comply with any term(s) of this License after receipt of written
notice and thirty (30) day opportunity to cure; (b) upon Softheon's release of
an updated or revised version of the Softheon Software; or (c) if a new version
of Softheon's operating system software is released which is incompatible with
this version of the Softheon Software. Upon the termination of this License, you
shall immediately cease all use and copying of the Softheon Software, in whole
or in part.
You may terminate this License at any time by providing at least
ninety (90) prior written notice to Softheon.
Software Distribution Agreement - R 2011.02
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ADNAS-2011-001 DivineRune Software Distribution Agreement 2012-01-25 FINAL draft
4. Limited Warranty on Media (if applicable).
Softheon warrants the media on
which the Softheon Software is recorded and delivered by Softheon (if any) to be
free from defects in materials and workmanship under normal use for a period of
ninety (90) days from the date of original retail purchase.
Your exclusive
remedy under this Section shall be, at Softheon's option, a refund of the
purchase price of the product containing the Softheon Software or replacement of
the Softheon Software, which is returned to Softheon or a Softheon authorized
representative with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY
IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
ORIGINAL RETAIL PURCHASE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE
LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS
PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION,
PACKAGING OR OTHERWISE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
SOFTHEON SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR
THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AND WITHOUT WARRANTY OF ANY KIND,