LICENSE AGREEMENT AND LIMITED WARRANTY

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING 
THIS SOFTWARE. THIS DOCUMENT IS AN AGREEMENT 
BETWEEN YOU AND FRESHGAMES, L.L.C. AND ITS AFFILIATES 
(COLLECTIVELY, "THE COMPANY"). THE COMPANY IS 
WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU 
ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS 
CONTAINED IN THIS AGREEMENT. BY USING 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, PROMPTLY RETURN THE UNUSED SOFTWARE 
(INCLUDING ALL PACKAGING AND YOUR ORIGINAL, DATED 
SALES RECEIPT) WITHIN 90 DAYS OF PURCHASE TO: 
FRESHGAMES, L.L.C., 240 N. 5TH ST. SUITE 380, 
COLUMBUS, OH 43215, AND YOUR MONEY WILL BE REFUNDED.

1. Ownership and License. This is a license 
agreement and NOT an agreement for sale. The 
software contained in this package is the property 
of the Company or its Licensors. You own the 
physical medium (such as a CD), on which this 
software is supplied, but the Company or its 
Licensors retain title to this software and related 
documentation. Your rights to use this software are 
specified in this agreement. The Company and its 
Licensors retain all rights not expressly granted 
to you in this agreement.

2. Permitted Uses. You are granted the following 
rights to this software:
(a) Right to Install and Use. You may install and 
use this software on a single computer. If you wish 
to use this software on more than one computer, 
please contact the Company for information 
concerning an upgraded license allowing use of 
this software with additional computers.
(b) Right to Copy. You may make and maintain one 
copy of this software for backup and archival 
purposes, provided that the original and each copy 
of the software are kept in your possession.

3. Prohibited Uses. The following uses of this 
software are prohibited. If you wish to use this 
software in a manner prohibited below, please 
contact the Company at the address, phone number, 
or email address as listed below for information 
regarding a "Special Use License". Otherwise, you 
may not:

(a)Make, sell, display, publish, or distribute 
copies of this software or documentation, or any 
portion of it, except as expressly provided in this 
agreement;
(b) Use any backup or archival copy of this software 
(or allow someone else to use such copy) for any 
purpose other than to replace the original copy in 
the event it is destroyed or becomes defective;
(c) Alter, decompile, or disassemble this software, 
create derivative works based upon this software, or 
make any attempt to bypass, reverse engineer, unlock 
or disable any protective or initialization system 
on this software;
(d) Rent, lease, sub-license, time-share, or transfer 
this software or documentation, or your rights under 
this agreement; 
(e) Remove or obscure any copyright or trademark 
notices on this software or documentation;
(f) Upload or transmit this software or any portion 
of it, to the Internet, any electronic bulletin board, 
network, or other type of multi-use computer system 
regardless of purpose;
(g) Incorporate or include this software with any 
other software product.

4. Commercial Use.  Commercial use is prohibited. Under 
no circumstances shall you, the end user, be permitted, 
allowed or authorized to commercially exploit the Software.
Neither you nor anyone at your direction shall:

(a) Profit in any manner or through any medium whatsoever 
to commercially exploit the software, including 
compilation discs, level packs, theme packs or use the 
software for any commercial purpose without the express 
written permission of the Company.

5. Third Party Additions.  This software is capable of 
utilizing external game packs and themes created by parties
other than the Company ("third party additions").  The 
Company makes no representation whatsoever regarding the 
content, correctness, accuracy, effectiveness, reliability, 
currentness or otherwise of any third party additions to 
this software.  Use third party additions completely at 
your own risk.

6. Termination. This license is effective upon the 
first use, installation, loading or copying of this 
software. You may terminate this agreement at any 
time by destruction and disposal of this software and 
all related documentation. This license will terminate 
automatically without notice from the Company if you 
fail to comply with any provisions of this agreement. 

7. Copyright Notice. The Company and/or its Licensors 
hold valid copyright in this software. Nothing in this 
agreement constitutes a waiver of any rights under 
U.S. Copyright law or any other Federal or state law, 
or the laws of any other country.

8. Severability. This agreement shall be governed by 
the laws of the United States of America and the 
State of Ohio. If any provision, or any portion of 
this agreement is found to be unlawful, void, or for 
any reason unenforceable, it shall be severed from, 
and shall in no way affect the validity or 
enforceability of the remaining provisions of this 
agreement.

9. Limited Warranty and Disclaimer of Warranty. For 
a period of 90 days from the date on which you 
purchased this software, the Company warrants that 
the medium on which this software is supplied will 
be free from defects in materials and workmanship 
under normal use. If this software fails to conform 
to this warranty, you may, as your sole and 
exclusive remedy, obtain a replacement free of 
charge if you return the defective software to us 
with a dated proof of purchase. The Company does not 
warrant that this software or its operations or 
functions will meet your requirements, nor that the 
use of it will be without interruption or error.

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, 
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR 
IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE 
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS 
FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS 
WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT 
WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION 
REGARDING THE USE OR THE RESULTS OF THE USE OF THE 
SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, 
EFFECTIVENESS, RELIABILITY, CURRENTNESS OR OTHERWISE.

IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES OR 
LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, 
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR 
IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS 
AGREEMENT INCLUDING AND WITHOUT LIMITATION, LOSS OF 
COMPUTER TIME, DESTRUCTION, DAMAGE OR LOSS OF DATA, 
LOSS OF INCOME OR PROFIT, OR OTHER LOSS SUSTAINED AS 
A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR 
DAMAGE TO COMPUTERS, PERIPHERALS, SOFTWARE, OR ANY 
OTHER PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF 
THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE 
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE 
COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE 
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE, AS 
SHOWN ON YOUR RECEIPT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF 
IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL, 
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO 
THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY TO YOU.

10. Notice to Government End Users. If this software 
is acquired under the terms of: GSA contract: Use, 
reproduction or disclosure is subject to the 
restrictions set forth in the applicable ADP 
Schedule contract; U.S. DOD contract: Use, 
duplication or disclosure by the U.S. Government is 
subject to restrictions set as forth in subparagraph 
(c)(1)(ii) of 252.227-7013. Civilian agency 
contract: Use, reproduction, or disclosure is 
subject to this agreement.

ACKNOWLEDGMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, 
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS 
AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT 
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE 
AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERSEDES 
ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, 
AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE 
COMPANY OR ANY REPRESENTATIVE OF THE COMPANY 
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


Cubis Deluxe
Copyright © 2002 FRESHGAMES, L.L.C. 
All Rights Reserved.
http://www.freshgames.com


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