This Limited Use Software License Agreement (the "Agreement") is a legal
agreement between you, the end-user, and Crack dot Com. ("Crack"). By
continuing the installation of this game program, by loading or running
the game, or by placing or copying the game program onto your computer
hard drive, you are agreeing to be bound by the terms of this Agreement.
CRACK SOFTWARE LICENSE
1. Grant of License. Crack grants to you the right to use the
Crack dot Com game program (the "Software"), which is the shareware
version of the game program. For purposes of this section, "use" means
loading the Software into RAM, as well as installation on a hard disk or
other storage device. You may not: modify, translate, disassemble,
decompile, reverse engineer, or create derivative works based upon the
Software. You agree that the Software will not be shipped, transferred
or exported into any country in violation of the U.S. Export
Administration Act and that you will not utilize, in any other manner,
the Software in violation of any applicable law.
2. Copyright. The Software is owned by Crack and is protected
by United States copyright laws and international treaty provisions.
You must treat the Software like any other copyrighted material. You
agree to use your best efforts to see that any user of the Software
licensed hereunder complies with this Agreement.
3. Limited Warranty. Crack warrants that if properly installed
and operated on a computer for which it is designed, the Software will
perform substantially in accordance with its designed purpose for a
period of ninety (90) days from the date the Software is first obtained
by an end-user. Crack's entire liability and your exclusive remedy
shall be, at Crack's option, either (a) return of the retail price paid,
if any, or (b) repair or replacement of the Software that does not meet
Crack's Limited Warranty. To make a warranty claim, return the Software
to the point of purchase, accompanied by proof of purchase, your name,
your address, and a statement of defect, or return the Software with the
above information to Crack. This Limited Warranty is void if failure of
the Software has resulted in whole or in part from accident, abuse,
misapplication or violation of this Agreement. Any replacement Software
will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. This warranty allocates risks of
product failure between Licensee and Crack. Crack's product pricing
reflects this allocation of risk and the limitations of liability
contained in this warranty.
4. NO OTHER WARRANTIES. CRACK DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. CRACK DOES NOT
WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR
FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH
ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR
WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF CRACK ARE
NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL
WARRANTIES ON BEHALF OF CRACK. ADDITIONAL STATEMENTS SUCH AS DEALER
ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE
WARRANTIES BY CRACK AND SHOULD NOT BE RELIED UPON.
5. Exclusive Remedies. You agree that your exclusive remedy
against Crack, its affiliates, contractors, suppliers, and agents for
loss or damage caused by any defect or failure in the Software
regardless of the form of action, whether in contract, tort, including
negligence, strict liability or otherwise, shall be the return of the
retail purchase price paid, if any, or replacement of the Software.
This Agreement shall be construed in accordance with and governed by the
laws of the State of Texas. Copyright and other proprietary matters
will be governed by United States laws and international treaties. IN
ANY CASE, Crack SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS,
LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF CRACK OR ITS AGENT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
6. General Provisions. Neither this Agreement nor any part or
portion hereof shall be assigned or sublicensed, except as described
herein. Should any provision of this Agreement be held to be void,
invalid, unenforceable or illegal by a court, the validity and
enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable, you agree to a
modification of such provision to provide for enforcement of the
provision's intent, to the extent permitted by applicable law. Failure
of a party to enforce any provision of this Agreement shall not
constitute or be construed as a waiver of such provision or of the right
to enforce such provision. If you fail to comply with any terms of this
Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF
THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR
COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE
BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT,
EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN CRACK AND YOU, THIS
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL
AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS
BETWEEN CRACK AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
