» version 1.01 - posted on 2005-04-09
File structure update for future expansion.
EULA - End User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
This software program including any and all subsequent patches (the "Program"), any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of Living Tree Software, LLC, or licensors or suppliers. All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction, or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Unlimited Use License. Living Tree Software, LLC hereby grants user the unlimited use to install and copy this program for use in playing games against the computer or a friend at the PC the game is installed at. With purchase of a registration code, the player is entitled to play unlimited games by email with opponents from around the world using the Jo-Go server system. This agreement will not constitute an unlimited time frame in which to play email games with others using our server, and may be subject to change at any time at the companys discretion including the changeover to a subscription based model.
2. Ownership. All title, ownership rights, and intellectual property rights in and to the Program and any and all copies thereof are owned by Living Tree Software, LLC or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties, and conventions and other laws. All rights are reserved and the software is considered patent pending.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, sublicense, translate, reverse engineer, derive source code, modify, disassemble, decompile, create a source code equivalent, create derivative works based on the Program, or remove any proprietary notices or labels on the Program, or allow others to do so, without the prior consent, in writing, of Living Tree Software, LLC.
B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. Nor may you remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
C. You are entitled to use the Program for your own use, but you are not entitled to:
(i) sell, grant a security interest in, or transfer reproductions of the Program to other parties in any way, nor to rent, lease, or license the Program to others without the prior written consent of Living Tree Software, LLC;
(ii) host or provide matchmaking services for the Program, or emulate or redirect the communication protocols used by Living Tree Software, LLC in the play-by-email feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other techniques now known or hereafter developed, for any purpose including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks without the prior written consent of Living Tree Software, LLC;
4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the registration code from your home, business, or portable computer.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program. Living Tree Software, LLC may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, your registration code will be blacklisted and you will be unable to play games by email. You may or may not be able to obtain a refund solely at the discretion of Living Tree Software, LLC.
6. Limited Warranty. Living Tree Software, LLC expressly disclaims any warranty for the Program. The Program is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Program remains with the User;
7. Limitation of Liability. NEITHER Living Tree Software, LLC, ITS SUBSIDIARIES, OR LICENSORS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, OR THE Hosting Service, OR OTHER ON-LINE PROVIDER AUTHORIZED BY Living Tree Software, LLC, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. NEITHER Living Tree Software, LLC, SUBSIDIARIES, OR LICENSORS, SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON THE Hosting Service OR OTHER ON-LINE PROVIDER AUTHORIZED BY Living Tree Software, LLC, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply.
8. Equitable Remedies. You hereby agree that Living Tree Software, LLC would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Living Tree Software, LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Living Tree Software, LLC may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party, in such litigation shall be entitled to recover from the other party all the costs, attorneys fees and other expenses incurred by such prevailing party in the litigation.
9. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of Utah, and any dispute arising hereunder shall be resolved in accordance with the law of Utah. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Utah, County of Utah, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered, or modified only by an instrument in writing, specifying such amendment, alteration, or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. I also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Living Tree Software, LLC and me and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Living Tree Software, LLC and me.