ATTENTION
Here is a brief summary of certain of the terms and conditions in our Limited
Software Warranty and License Agreement. You must read the full text of the
agreement before using this product so that You understand all of the terms and
conditions of our agreement regarding this product.
WHAT IS OKAY FOR YOU TO DO:
* Playing and enjoying the shareware and/or registered/full retail version of
the game, demo and/or level editor.
* Setting up a shareware, demo, level editor and/or registered/full retail
version based server on a not-for-profit and non-commercially exploited basis.
* Playing the shareware, demo and/or registered/full retail version of the game
and/or setting up a registered/full retail version of the game using user-developed
levels on a not-for-profit and non-commercially exploited bases.
WHAT IS NOT OKAY FOR YOU TO DO:
* You cannot sell or otherwise commercially exploit or utilize the shareware,
registered/full retail version, demo or level editor in any way or sell user-
developed levels and/or tools. This includes any sale, trade in or other transfer
of the shareware, registered/full retail version, demo or level editor to any third
party, including without limitation a computer game retail store.
* Commercially exploiting or otherwise utilizing any copyrighted and/or
trademarked property of Gathering of Developers, the developer of the product or
any other party contained in or associated with the shareware, demo, level editor
or registered/full retail version, demo, single player game and/or level editor,
including without limitation game names, logos, graphics, characters, etc.
LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this Agreement), including
the Limited Warranty and other special provisions, is a legal agreement between You
(either an individual or an entity) and Phantagram Ltd. and Gathering of Developers
I, Ltd., (collectively, the Owner) regarding this software product and the
materials contained therein and related thereto. Your act of downloading,
installing and/or otherwise using the software constitutes Your agreement to be
bound by the terms of this Agreement. If You do not agree to the terms of this
Agreement cease loading or installing this product and, if applicable, promptly
return the software packaging and the accompanying materials (including any
hardware, manuals, other written materials and packaging) to the place You obtained
them, along with Your receipt, for a full refund.
Grant of Limited Non-Exclusive License. (A) In the event that You are currently
encountering this Agreement in conjunction with or as a result of Your
downloading or otherwise installing the SOFTWARE (as defined herein), this
Agreement permits You to use one (1) copy of the software program(s), in executable
or object code form only, contained in the registered/full retail version of the
game program entitled Kingdom Under Fire, as contained in the disk(s) making up all
or part of the registered/full retail software product, including without
limitation the data files, images, level editors, death match levels, charters and
screen displays (the SOFTWARE), included in this download for Your personal use on
a single home or portable computer. This license also permits You to use the
SOFTWARE's level editor to create new game levels, weapons, characters and/or
entities for non-commercial personal use, and to non-commercially distribute such
game levels, weapons, characters, and/or entities to personal acquaintances for
non-commercial use via the Internet pursuant to subparagraph (C) below. This
license does NOT authorize You to sell, lease or otherwise profit from or
commercially distribute the SOFTWARE (see Restrictions below). The SOFTWARE is in
use on a computer when it is loaded into temporary memory (i.e., RAM) or installed
into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of
that computer. Installation on a network server is strictly prohibited, except
under a special and separate network license obtained from Owner; this Agreement
shall not serve as such necessary special network license. Installation on a
network server constitutes use that must comply with the terms of this Agreement.
This license is not a sale of the original SOFTWARE or any copy thereof. YOU MAY
NOT SELL, RENT, TRADE IN, BARTER, LEND OR OTHERWISE TRANSFER THE SOFTWARE AND/OR
ACCOMPANYING MATERIALS TO ANY OTHER INDIVIDUAL OR ENTITY.
(B) In the event that You are currently encountering this Agreement in
conjunction with or as a result of Your downloading or otherwise installing a DEMO
PRODUCT (as defined herein), this Agreement permits You to use the software
program(s) included in and received solely as a result of the loaded or otherwise
installed version of the demo, free standing level editor and/or shareware version
of the game entitled Kingdom Under Fire, as the case may be, for Your personal use
(each such item referred to herein, individually as a DEMO PRODUCT and collectively
as the DEMO PRODUCTS). This license also permits You to use the level editor, as
contained in and received solely as a result of the downloading or other
installation or utilization of such DEMO PRODUCT, to create new game levels,
weapons, characters and/or entities for non-commercial personal use, and to non-
commercially distribute such games levels, weapons, characters, and/or entities to
personal acquaintances for non-commercial use via the Internet pursuant to
subparagraph (C) below. This license does NOT authorize You to sell, lease or
otherwise profit from or commercially exploit a DEMO PRODUCT (see Restrictions
below). A DEMO PRODUCT is in use on a computer when it is loaded into temporary
memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM,
or other storage device) of that computer or accessed via the Internet.
Installation of any DEMO PRODUCTS on a network server for profit or other
commercial benefit to You or any other person is strictly prohibited, except under
a special and separate network license obtained from Owner; this Agreement shall
not serve as such necessary special network license. Installation on a network
server constitutes use that must comply with the terms of this Agreement. This
license is not a sale of the original DEMO PRODUCTS or any copy thereof.
(C) Subject to the terms and conditions of this Agreement, Owner grants to You
the non-exclusive and limited right to create additional levels (the USER LEVELS)
which are operable with the SOFTWARE. You may include within the USER LEVELS
certain textures and other images (the Owner Images) from the SOFTWARE or DEMO
PRODUCT, as the case may be. You agree that the USER LEVELS will not be shipped,
transferred or exported into any country in violation of the U.S. Export
Administration Act (or any other law governing such matters) by You or anyone at
Your direction and that You will not utilize and will not authorize anyone to
utilize, in any other manner, the USER LEVELS in violation of any applicable law.
The USER LEVELS may not be downloaded or otherwise exported or re-exported into (or
to a national or resident of) any country to which the United States has embargoed
goods or to anyone or unto any country who/which are prohibited by applicable law,
from receiving such property. You shall not rent, sell, lease, lend, offer on a
pay-per-play basis or otherwise commercially exploit or commercially distribute any
USER LEVELS. You are only permitted to distribute for free, without any cost or
charge, the USER LEVELS to other end-users. As noted below, in the event You
commercially distribute or commercially exploit any USER LEVELS or commit any other
breach of this Agreement, Your license, as granted in this Agreement, shall
automatically terminate, without notice. IN ADDITION TO YOUR INDEMNIFICATION
OBLIGATIONS AS SET FORTH BELOW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS OWNER AND OWNER'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS AND ASSIGNS
FROM AND AGAINST ANY AND ALL DIRECT AND/OR INDIRECT LOSSES, LAWSUITS, DAMAGES,
CAUSES OF ACTIONS AND CLAIMS RELATING TO AND/OR ARISING FROM THE USER LEVELS AND/OR
THE DISTRIBUTION OR OTHER USE OF ANY USER LEVELS.
Intellectual Property Ownership. Owner retains all right, title and interest to
the SOFTWARE and/or DEMO PRODUCTS and any accompanying instructions or other
documentation (collectively, the ACCOMPANYING MATERIALS), including, but not
limited to, all copyrights, trademarks, trade secrets, trade names, proprietary
rights, patents, titles, computer codes, audiovisual effects, themes, characters,
character names, stories, dialog, settings, artwork, sounds effects, musical works,
and moral rights. The SOFTWARE, DEMO PRODUCTS and ACCOMPANYING MATERIALS are
protected by United States copyright law and applicable copyright laws and treaties
throughout the World. All rights are reserved. The SOFTWARE and ACCOMPANYING
MATERIALS may not be copied or reproduced in any manner or medium, in whole or in
part, without prior written consent from Owner except as specifically provided
under A Grant of Limited Non-Exclusive License above. Any persons copying or
reproducing all or any portion of the SOFTWARE or ACCOMPANYING MATERIALS, except as
specifically provided under A Grant of Limited Non-Exclusive License above, in any
manner or medium, will be willfully violating the copyright laws and may be subject
to civil or criminal penalties. THE SOFTWARE AND/OR THE ACCOMPANYING MATERIALS MAY
NOT BE SOLD, RENTED, LOANED, TRADED IN, BARTER, OR OTHERWISE TRANSFERRED TO ANY
OTHER INDIVIDUAL OR ENTITY.
SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent
memory of a computer, You may keep and use the original disk(s) and/or CD-ROM (the
Storage Media) only for backup or archival purposes. You are expressly prohibited
from transmitting the SOFTWARE or ACCOMPANYING MATERIALS electronically or
otherwise over the Internet or through any other media or to any other party.
Restrictions. Other than as provided specifically in this Agreement, You are not
permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING MATERIALS;
modify or prepare derivative copies based on the SOFTWARE or ACCOMPANYING
MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING MATERIALS by sale or
other transfer of ownership; rent, lease, or lend the SOFTWARE, DEMO PRODUCTS or
ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING MATERIALS
publicly. You are expressly prohibited from selling, leasing, charging for access
to, or otherwise using for profit or commercially exploiting any USER LEVELS, level
packs, add-on packs, sequels, characters or other components or items created by
utilization of the SOFTWARE's or DEMO PRODUCT's level editor and/or based upon or
related to the SOFTWARE, DEMO PRODUCT or ACCOMPANYING MATERIALS. YOU ARE NOT
PERMITTED TO REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE OR ANY DEMO
PRODUCT IN ANY WAY. Any copying or distribution of the SOFTWARE or ACCOMPANYING
MATERIALS not specifically allowed in this Agreement is a violation of this
Agreement. You may create USER LEVELS for the SOFTWARE or any DEMO PRODUCT;
provided, however, that such USER LEVELS are created in accordance with the non-
exclusive license set forth above and no USER LEVELS may be sold or otherwise
commercially exploited, whether by You or by any other person or entity, but You
may exchange USER LEVELS at no charge with other end-users.
Limited Warranty and Warranty Disclaimers.
LIMITED WARRANTY. Owner warrants that the original Storage Media holding the
SOFTWARE is free from defects in materials and workmanship under normal use and
service for a period of ninety (90) days from the date that You downloaded the
SOFTWARE. If for any reason You find defects in the Storage Media, or if You are
unable to install the SOFTWARE on Your home or portable computer, You may return
the SOFTWARE, ACCOMPANYING MATERIALS and all packaging related thereto to the place
you purchased such products for a full refund or replacement thereof. This limited
warranty does not apply if You have damaged the SOFTWARE by accident or abuse.
CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner,
shall be replacement of the SOFTWARE or DEMO PRODUCT, as the case may be. By
downloading, installing and/or otherwise using the SOFTWARE, DEMO PRODUCT or
ACCOMPANYING MATERIALS, as the case may be, You hereby agree to waive any and all
other remedies You may have at law or in equity. Any such remedies You may not
waive as a matter of public policy, You hereby assign, or shall assign as they
become available, over to Owner.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WITH RESPECT TO THE
DEMO PRODUCTS, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR
OTHERWISE), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE DEMO PRODUCTS ARE
PROVIDED GRATUITOUSLY TO YOU AS IS AND YOU TAKE, INSTALL, LOAD OR OTHERWISE USE
SUCH DEMO PRODUCTS AT YOU OWN RISK. OWNER HAS NO LIABILITIES ARISING FROM OR
RELATED TO YOUR USE OF ANY DEMO PRODUCTS.
WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE,
OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE
PRODUCTS REFERENCED HEREIN OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES
THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST
EXTENT ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT
REPRESENT, WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE,
DEMO PRODUCTS OR ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE
LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE
SOFTWARE, DEMO PRODUCTS OR ACCOMPANYING MATERIALS CAPABILITIES WILL MEET YOUR NEEDS
OR THAT THE SOFTWARE OR DEMO PRODUCTS WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR
THAT PROBLEMS WILL BE CORRECTED. OWNER DOES NOT REPRESENT THAT THE SOFTWARE OR
DEMO PRODUCTS WILL OPERATE IN A MULTI-USER ENVIRONMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBUTORS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES SHALL CREATE ANY
OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON
ANY SUCH INFORMATION OR ADVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and
regardless of whether any remedy set forth herein fails of its essential purpose,
IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSES
(EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU) OR AFFILIATES NOR ANYONE ELSE
INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE, THE DEMO
PRODUCTS, THE ACCOMPANYING MATERIALS OR THE USER LEVELS (OTHER THAN YOU) BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOLIMITATION, DIRECT OR INDIRECT;
INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
TEXT OR DATA STORED IN OR USED WITH SUCH PRODUCT INCLUDING THE COST OF RECOVERING
OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT
OF THE USE OR INABILITY TO USE THIS SOFTWARE, THE DEMO PRODUCTS OR ANY USER LEVELS.
THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR
ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF
SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR
CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
Product Support and Updates. This SOFTWARE is intended to be user-friendly and
limited product support is provided by Owner as specified in the ACCOMPANYING
MATERIALS.
Jurisdiction. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF SUCH STATE=S CHOICE
OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This Agreement
may be modified only by a written instrument specifying the modification and
executed by both parties. In the event that any provision of this Agreement shall
be held to be unenforceable, such provision shall be enforced to the greatest
possible extent, with the other provisions of this Agreement to remain in full
force and effect.
Entire Agreement. This Agreement represents the entire agreement between the
parties, and supersedes any oral or written communications, proposals or prior
agreements between the parties or any dealers, distributors, agents or employees.
U.S. Government Restricted Rights. Each of the SOFTWARE, DEMO PRODUCTS and the
ACCOMPANYING MATERIALS is provided with RESTRICTED RIGHTS (as found in 48 C.F.R.
>52.227-7013). This provision only applies if the U.S. Government or any of its
entities obtains the SOFTWARE or DEMO PRODUCTS either directly or indirectly.
Owner created the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS
exclusively with private funds. Additionally, information contained in the
SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING MATERIALS is a trade secret of Owner
for all purposes of the Freedom of Information Act or otherwise. Furthermore, the
SOFTWARE and the DEMO PRODUCTS are commercial computer software subject to limited
use as set forth in any contract that may be entered into between the seller and
the governmental entity. Owner owns, in all respects, the proprietary information
and proprietary data found in the SOFTWARE, DEMO PRODUCTS and the ACCOMPANYING
MATERIALS.
U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE, DEMO
PRODUCTS and the ACCOMPANYING MATERIALS with Restricted Rights as defined in DFARS
52.227-7013 (also found at 48 C.F.R. ' 252.227-7013). Any U.S. Government use,
duplication, or disclosure is subject to the restrictions including, but not
limited to those found in the Rights in Technological Data clause at DFARS 52.227-
7013 (48 C.F.R. ' 252.227-7013) that may be amended from time to time.
NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice
through this Agreement that any use of the SOFTWARE, DEMO PRODUCTS and/or the
ACCOMPANYING MATERIALS is subject to similar limitations as those stated above,
including but not limited to, those stated in Commercial Computer Software --
Restricted Rights found in 48 C.F.R. ' 52.227-19, that may also be amended from
time to time. Manufacturer is Owner at the location listed below.
U.S. Export Laws Prohibitions. By downloading, installing or otherwise using the
SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS, You also agree and confirm
that the SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS and any of the
SOFTWARE=s or DEMO PRODUCTS' direct products are not being and will not be
transported, exported or re-exported (directly or indirectly through the Internet
or otherwise) into (or to a national or resident of) any country forbidden to
receive such SOFTWARE, DEMO PRODUCTS and/or ACCOMPANYING MATERIALS by any U.S.
export laws or accompanying regulations or otherwise violate such laws or
regulations, that may be amended from time to time. You also agree and confirm
that the SOFTWARE, DEMO PRODUCTS and ACCOMPANYING MATERIALS will not be used for
any purpose that may be restricted by the same laws and regulations.
Termination. This Agreement is valid until terminated. This Agreement ceases
automatically (without any form of notice) if You do not comply with any Agreement
provision. You can also end this Agreement by destroying the SOFTWARE and
ACCOMPANYING MATERIALS or DEMO PRODUCTS, as the case may be, and all copies and
reproductions of the SOFTWARE and ACCOMPANYING MATERIALS or DEMO PRODUCTS, as the
case may be, and deleting and permanently purging the SOFTWARE or DEMO PRODUCTS, as
the case may be, from any client server or computer on which it has been installed.
Equitable Remedies You hereby agree that if the terms of this Agreement are not
specifically enforced, Owner will be irreparably damaged, and therefore You agree
that Owner shall be entitled, without bond, other security, proof of damages, to
appropriate equitable remedies with respect any breach(es) of this Agreement, in
addition to any other available remedies.
Owner If You have any questions regarding this Agreement, the enclosed materials,
or otherwise, please contact in writing:
Gathering of Developers
2700 Fairmount Street
Dallas, Texas 75201
Attn: Customer Service