262 lines
14 KiB
Plaintext
262 lines
14 KiB
Plaintext
Homeworld © 1999-2000 Sierra On-Line, Inc. All Rights Reserved.
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Homeworld is a registered trademark, and Sierra and Sierra Studios are
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registered trademarks of Sierra On-Line, Inc. Relic is a trademark of Relic
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Entertainment, Inc.
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This port of Homeworld is based on the original Homeworld source code released
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by Relic Entertainment through the Relic Developers Network. It has been
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edited for content and formatted to fit your OS.
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The original Homeworld source code in its entirety is available from the Relic
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Developers Network website at http://www.relic.com/rdn/
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This file contains a copy of the end-user license agreement presented with the
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Homeworld source code from the Relic Developers Network. If you are using a
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pre-built version of Homeworld, other pre-built libraries have been included
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with the distribution which utilize their own licenses (particularly the GPL
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and LGPL). Copies of these licenses have been included in additional
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"COPYING_*" files with the pre-built package.
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Simple DirectMedia Layer (SDL) is licensed under the LGPL. The source code to
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SDL is available at http://www.libsdl.org/
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Headers for Glide 2 have also been thrown into the source package. They are
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taken from the open-source Glide 2 library, which is licensed under the 3dfx
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Glide General Public License. A copy of the license is included in the
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"include/glide2" directory in the source package.
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------------------------------------------------------------------------------
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Relic Entertainment Inc. TM
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END-USER LICENSE AGREEMENT FOR
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RELIC ENTERTAINMENT INC. ("RELIC") SOFTWARE
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IMPORTANT-READ CAREFULLY:
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This RELIC End-User License Agreement (the "Agreement") is a legal agreement
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between you (either an individual or a single entity) and RELIC, for the use
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of one or more elements of RELIC proprietary software, which may at RELIC's
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discretion include computer code related to Homeworld 1 TM, tools or other
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material related to creating content related to Homeworld 2 TM and/or
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Impossible Creatures TM including without limitation associated media, printed
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materials, and "online" or electronic documentation (individually or
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collectively referred to as the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT may
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also include any updates and supplements to the original SOFTWARE PRODUCT
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provided to you by RELIC. Any software provided along with the SOFTWARE
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PRODUCT that is associated with a separate end-user license agreement is
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licensed to you under the terms of that license agreement.
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BY CLICKING "AGREE" BELOW, AND/OR BY INSTALLING, COPYING, DOWNLOADING,
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ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY
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THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
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AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
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This Agreement is made by and between you (the "LICENSEE") and RELIC.
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WHEREAS, RELIC is a game development company that owns certain tools, game
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engines and other technology used to develop interactive entertainment
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software games; and
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WHEREAS, LICENSEE wishes to utilize the SOFTWARE PRODUCT for non-commercial
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purposes in accordance with the terms set forth herein; and
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WHEREAS, LICENSEE wishes to license from RELIC and RELIC wishes to license to
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LICENSEE, the SOFTWARE PRODUCT and other information as deemed from time to
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time appropriate by RELIC, all on the terms set forth herein;
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NOW, THEREFORE, in consideration of the mutual promises made herein, the
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receipt and sufficiency of which is hereby acknowledged, the parties agree as
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follows:
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1. License
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1.1 License Grant. Provided that the LICENSEE complies with the terms set
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forth herein, RELIC hereby grants LICENSEE a limited purpose, nonexclusive,
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royalty-free, terminable, worldwide, non-transferable license to:
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(a) use, reproduce and modify the SOFTWARE PRODUCT and the MODIFIED SOFTWARE
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(as defined in section 2.1) solely for non-commercial purposes; and
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(b) distribute the SOFTWARE PRODUCT and the MODIFIED SOFTWARE, solely for
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non-commercial purposes, and only to registered members of RDN-RELIC
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Developer's Network who have agreed to abide by the terms of this Agreement.
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For greater certainty, the term "for non-commercial purposes" as used in this
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Agreement means that the use, reproduction, modification and/or distribution
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of the SOFTWARE PRODUCT and/or MODIFIED SOFTWARE must be made free of any and
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all charges or payments and, without limitation, must not entitle, directly or
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indirectly, the LICENSEE, any related parties or third parties to receive any
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financial consideration or compensation related to such use, reproduction,
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modification and/or distribution.
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1.2 Updates. RELIC may from time to time, in its sole discretion, and without
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any obligation on the part of RELIC, provide updates, error corrections, and
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future versions of SOFTWARE PRODUCT to LICENSEE. Upon delivery, such updates,
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error corrections and future versions shall be deemed part of the SOFTWARE
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PRODUCT, as applicable, and governed by the terms and conditions of this
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Agreement.
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1.3 Reservation of Rights. RELIC reserves all rights not explicitly granted
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herein.
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1.4 Indemnity. LICENSEE hereby agrees that it is solely responsible for any
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and all liability, claims, damages or losses arising, directly or indirectly,
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from any and all LICENSEE use, reproduction, modification and distribution of
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the SOFTWARE PRODUCT. LICENSEE shall defend, indemnify, and hold harmless
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RELIC, its officers, directors, employees and agents against any and all
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claims, damages, losses, or liabilities whatsoever arising out of LICENSEE's
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use, reproduction, modification and/or distribution of the SOFTWARE PRODUCT.
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1.5 Trademarks. LICENSEE acknowledges and agrees that this Agreement does not
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grant LICENSEE any right to use any trademarks or trade names of RELIC or
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their licensors. All such marks shall remain the property of the respective
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owner.
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2. Intellectual Property
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2.1 Ownership. The LICENSEE acknowledges and agrees that if the SOFTWARE
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PROGRAM is improved, modified, developed or otherwise amended by the LICENSEE
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("MODIFIED SOFTWARE") the LICENSEE shall have, save and except for the limited
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license granted to the LICENSEE pursuant to the terms and conditions of this
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Agreement, no right, title or interest in and to the MODIFIED SOFTWARE as
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modified or altered, whether modified by the LICENSEE or RELIC and whether or
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not such modifications are authorized pursuant to this Agreement.
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Specifically, the LICENSEE hereby assigns all right, title and interest
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arising out of any such MODIFIED SOFTWARE to RELIC or any other entity as
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RELIC shall require and the LICENSEE will execute such further and other
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documents and do such further and other acts as may be necessary, in the sole
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opinion of RELIC, to transfer all such right, title and interest in and to the
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MODIFIED SOFTWARE from the LICENSEE to RELIC. If, to the extent that it may
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be deemed that an assignment or grant of right under this section cannot be
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made until after relevant works are in existence, the LICENSEE's acceptance of
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the terms and conditions of this Agreement shall constitute an irrevocable
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assignment of all right, title and interest in and to all complete or
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incomplete works that make up the MODIFIED SOFTWARE. The LICENSEE hereby
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irrevocably waives in whole any and all moral rights arising under the
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Copyright Act (Canada), as amended from time to time, or other similar
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legislation in any jurisdiction or at common law, which the LICENSEE may have
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in the MODIFIED SOFTWARE.
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3. Term
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3.1 Term. This Agreement shall become effective as of the date LICENSEE
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downloads or installs the SOFTWARE PRODUCT and shall expire five (5) years
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after such date.
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3.2 Termination. RELIC may, at its sole discretion and authority, terminate
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this Agreement immediately upon notice including without limitation notice via
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email to LICENSEE. The Agreement will terminate automatically upon LICENSEE's
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breach of any term of this Agreement. Any notice sent or transmitted by RELIC
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to the LICENSEE's last known or registered address will be deemed to have been
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sent by RELIC and received by LICENSEE one (1) day after such sending or
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transmission by RELIC. In the event that this Agreement is terminated for any
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reason, the LICENSEE shall immediately and permanently cease use,
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reproduction, modification or distribution of the SOFTWARE PRODUCT and
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MODIFIED SOFTWARE and will destroy any and all software, code, associated
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media and printed materials related to, directly or indirectly, the SOFTWARE
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PRODUCT and/or the MODIFIED SOFTWARE.
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3.3 Survival. Sections 1.4, 1.5, 2.1, 3.2, 3.3, 4.1, 4.2, 5.1 and 7 shall
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survive any expiration or termination of this Agreement.
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4. Disclaimers, Warranties and Limitation of Liability
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4.1 NO WARRANTIES. RELIC AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES
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WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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PARTICULAR PURPOSE. THE LICENSEE ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY
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WARRANTY MADE BY RELIC OR ITS SUPPLIERS. THE SOFTWARE PRODUCT IS PROVIDED ON
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AN "AS IS" BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED AND RELIC HAS NO
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OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR
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MODIFICATIONS WITH RESPECT TO THE SOFTWARE PRODUCT TO THE LICENSEE.
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4.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL RELIC OR ITS SUPPLIERS BE
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LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY THE LICENSEE OR ANY OTHER
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PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL,
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INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REVENUE, BUSINESS
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INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
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ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
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RELIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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5.
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5.1 COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
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(including but not limited to any images, photographs, animations, video,
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audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the
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accompanying printed materials, and any copies of the SOFTWARE PRODUCT are
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owned by RELIC or its suppliers. All title and intellectual property rights
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in and to the content which may be accessed through use of the SOFTWARE
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PRODUCT is the property of the respective content owner and may be protected
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by applicable copyright or other intellectual property laws and treaties.
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This Agreement grants LICENSEE no rights to use such content. If this
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SOFTWARE PRODUCT contains documentation, which is provided only in electronic
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form, LICENSEE may print one copy of such electronic documentation. LICENSEE
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may not copy the printed materials accompanying the SOFTWARE PRODUCT.
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5.2 COPY PROTECTION. Use of the SOFTWARE PRODUCT may require additional RELIC
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software for use of the SOFTWARE PRODUCT which may employ copy protection
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technology to prevent the unauthorized copying of the SOFTWARE PRODUCT and/or
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additional RELIC software. It is illegal to make unauthorized copies of the
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SOFTWARE PRODUCT and/or additional RELIC software or circumvent any copy protection technology employed by RELIC.
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6. No Exclusivity
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Nothing in this Agreement nor the license of the SOFTWARE PRODUCT shall
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constitute or imply any promise to or intention to make any purchase of
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products or services by either party or its affiliated companies or any
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commitment by either party or its affiliated companies with respect to the
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present or future marketing of any product or service or any commitment to
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enter into any other business relationship.
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7. General
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7.1 Modification. No amendment or modification of this Agreement shall be
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valid or binding on RELIC unless made in writing and signed on behalf of RELIC
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by its respective duly authorized officers or representatives. RELIC may,
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without notice to the LICENSEE, modify, alter or vary the terms of this
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Agreement without the consent of the LICENSEE, however, such modification,
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alteration or variance shall be displayed on the RELIC website located at
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www.relic.com .
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7.2 Assignment. LICENSEE may not assign this Agreement without the prior
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written consent of RELIC. Subject to the limitations set forth in this
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Agreement, this Agreement will inure to the benefit of and be binding upon the
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parties, their successors and permitted assigns.
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7.3 Separation of Components. The SOFTWARE PRODUCT is licensed as a single
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product. Its component parts may not be separated for use license,
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distribution or replacement by the LICENSEE.
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7.4 Severability. If any provision of this Agreement shall be held by a court
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of competent jurisdiction to be illegal, invalid or unenforceable, the
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remaining provisions will not be affected and will be deemed to be in full
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force and effect.
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7.5 Governing Law, Jurisdiction and Venue. This Agreement shall be governed by
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the laws of the Province of British Columbia. Each of the parties hereto
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submits and attorns to the exclusive jurisdiction and venue in the provincial
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and federal courts sitting in Vancouver, BC.
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7.6 Entire Agreement. This Agreement constitutes the entire understanding
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between the parties hereto and supersedes all previous communications,
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representations and understandings, oral or written, between the parties, with
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respect to the subject matter of this Agreement.
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7.7 The LICENSEE agrees that RELIC would be irreparably injured by breach of
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this Agreement by LICENSEE and that RELIC shall be entitled to equitable
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relief, including injunctive relief and specific performance, in addition to
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any and all monetary damages, in the event of any breach of the provisions of
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this Agreement by the LICENSEE.
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