| Software License Agreement |
| |
| 1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE |
| INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL |
| AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE |
| HAND, AND RWS, INC. AND ITS SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY |
| REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT |
| ENTITLED "POSTAL 2," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED |
| MEDIA AND/OR PRINTED MATERIALS (TOGETHER CALLED "PROGRAM"). BY OPENING |
| THE PACKAGING MATERIALS FOR THE PROGRAM, OR INSTALLING, COPYING, OR |
| OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS |
| SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU |
| DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT |
| INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION. |
| 2. Company grants you a non-exclusive, non-transferable license to |
| use the Program, but retains all property rights in the Program and all |
| copies thereof. You may install the Program on a single computer for |
| use by a single, particular user. All rights not specifically granted |
| under this Agreement are reserved by Company and, as applicable, |
| Company's licensors. This Program is licensed, not sold, for your use. |
| Your license confers no title or ownership in this Program and should |
| not be construed as a sale of any rights in this Program. |
| 3. You acknowledge that the Program in source code form remains a |
| confidential trade secret of Company. You agree not to modify or attempt |
| to reverse engineer, decompile, or disassemble the Program, except and |
| only to the extent that such activity is expressly permitted by |
| applicable law notwithstanding this limitation. |
| 4. OWNERSHIP. All right, title and interest and intellectual |
| property rights in and to the Program (including but not limited to any |
| titles, computer code, themes, objects, characters, character names, |
| stories, dialog, catch phrases, locations, concepts, artwork, images, |
| photographs, animations, video, sounds, audio-visual effects, music, |
| musical compositions, text and "applets," incorporated into the |
| Program), the accompanying printed materials, and any copies of the |
| Program, are owned by Company or its licensors. This Agreement grants |
| you no rights to use such content other than as part of the Program. All |
| rights not expressly granted under this Agreement are reserved by |
| Company. |
| 5. This Agreement is effective upon your opening of the packaging |
| materials, installation, or your first use of the Program and shall |
| continue until revoked by Company or until you breach any term hereof; |
| upon termination you agree to destroy or delete all copies of the |
| Program in your possession. |
| 6. Except as specifically set forth herein, you shall not modify |
| the Program or merge the Program into another computer program (except |
| to the extent the Program is made to operate within a computer operating |
| system and in connection with other computer programs) or create |
| derivative works based upon the Program. Subject to the terms and |
| conditions of this Agreement and so long as you fully comply at all |
| times with all the terms and conditions of this Agreement, Company |
| grants you a limited, revocable, non-exclusive and limited right to |
| create for the Program (but specifically excluding the right to use any |
| software code from the Program) your own modifications and levels |
| ("Derivative Materials") which shall operate solely with the Program and |
| not any other version of the Program, including, demos or updated |
| versions. You represent and warrant that the Derivative Materials shall |
| (i) not infringe on the rights of any third parties; (ii) not be |
| libelous, defamatory, obscene, false, misleading, or otherwise illegal |
| or unlawful; (iii) not be downloaded, shipped, transferred, exported or |
| re-exported in violation of any laws governing such matters, including |
| the U.S. Export Administration Act; (iv) not be rented, sold, leased, |
| licensed, sublicensed, or otherwise commercially exploited. You shall |
| fully indemnify the Company and its distributors, licensors, licensees |
| and their respective officers, directors, in connection with any and |
| all claims arising from or based on the Derivative Materials. You |
| acknowledge that you are only granted a license to create the Derivative |
| Materials and that you shall not own the Derivative Materials. Any |
| breach of this Agreement by you shall result in the automatic |
| termination of such license, without notice or any further action, and |
| you shall not have any right to use the Program or any Derivative |
| Materials. |
| 7. Do not run, use, or install the Program if you reside in a |
| country to which the use or installation of the Program would violate |
| U.S. export laws or regulations, and do not distribute the Program in |
| violation of such laws or regulations. The Program may not be |
| transferred or otherwise exported or re-exported into (or to a national |
| or resident of) any country to which the U.S. has embargoed goods or to |
| anyone on the U.S. Treasury Department list of Specially Designated |
| Nationals or the U.S. Commerce Department's Table of Deny Orders. If you |
| do not meet these criteria or are not sure, do not run or install the |
| software and destroy any copies in your possession. If you live in such |
| a country, no license is granted hereunder. |
| 8. To the maximum extent allowed by law, Company, its licensors and |
| subcontractors do not warrant any connection to, transmission over, or |
| results or use of, any network connection or facilities provided (or |
| failed to be provided) through the Program. You are responsible for |
| assessing your own computer needs and, if applicable, transmission |
| network needs, and the results to be obtained therefrom. YOU EXPRESSLY |
| AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS |
| PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE |
| LEGALLY INCAPABLE OF EXCLUSION. EXCEPT WITH RESPECT TO THE LIMITED |
| CD-ROM WARRANTY AS SET FORTH IN SECTION 9 BELOW, COMPANY AND ITS |
| LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR |
| WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED |
| WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
| PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM |
| A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY |
| AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY |
| YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER |
| MATERIALS FROM DELAYS, NON-DELIVERIES, ERRORS, CAUSED BY COMPANY, ITS |
| LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OWN ERRORS AND/OR |
| OMISSIONS. Company and its Licensors make no warranty with respect to |
| any related software or hardware used or provided by Company in |
| connection with the Program except as expressly set forth above. |
| 9. LIMITED CD-ROM WARRANTY. Notwithstanding anything to the |
| contrary contained herein, and solely with respect to Programs |
| distributed on CD-ROM, Company warrants to the original consumer |
| purchaser of this Program on CD-ROM that the recording medium on which |
| the Program is recorded will be free from defects in material and |
| workmanship for 90 days from the date of purchase. If the recording |
| medium is found defective within 90 days of original purchase, you may |
| return the Program and all accompanying materials along with your |
| original receipt to the place you obtained it for a full refund or |
| replacement, subject to such retailers return policy. This warranty is |
| limited to the recording medium containing the Program as originally |
| provided by Company and is not applicable to normal wear and tear. This |
| warranty shall not be applicable and shall be void if the defect has |
| arisen through abuse, mistreatment, or neglect. Any implied warranties |
| prescribed by statute are expressly limited to the 90-day period |
| described above. |
| 10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY |
| AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION |
| BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER |
| LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE |
| PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, |
| INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
| RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING |
| DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION |
| AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN |
| IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY |
| PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS' ENTIRE LIABILITY TO YOU |
| AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED |
| SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE |
| SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR |
| CERTAIN DAMAGES, IN SUCH STATES COMPANY'S AND ITS LICENSORS' LIABILITY |
| IS LIMITED TO THE EXTENT PERMITTED BY LAW. |
| 11. INJUNCTION. Because Company would be irreparably damaged if the |
| terms of this License Agreement were not specifically enforced, you |
| agree that Company shall be entitled, without bond, other security or |
| proof of damages, to appropriate equitable remedies with respect to |
| breaches of this Agreement, in addition to such other remedies as |
| Company may otherwise have under applicable laws. |
| 12. INDEMNITY. At Company's request, you agree to defend, indemnify |
| and hold harmless Company, its affiliates, contractors, officers, |
| directors, employees, agents, licensors, licensees, distributors, |
| content providers, and other users of the Program, from all damages, |
| losses, liabilities, claims and expenses, including attorneys' fees, |
| arising directly or indirectly from your acts and omissions to act in |
| using the Program pursuant to the terms of this License Agreement or any |
| breach of this License Agreement by you. Company reserves the right, at |
| its own expense, to assume the exclusive defense and control of any |
| matter otherwise subject to indemnification by you hereunder, and in |
| such event, you shall have no further obligation to provide |
| indemnification for such matter. |
| 13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation |
| have been developed entirely at private expense and are provided as |
| "Commercial Computer Software" or "restricted computer software." Use, |
| duplication or disclosure by the U.S. Government or a U.S. Government |
| subcontractor is subject to the restrictions set forth in subparagraph |
| (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses |
| in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of |
| the Commercial Computer Software Restricted Rights clauses at FAR |
| 52.227-19, as applicable. The Contractor / Manufacturer is RWS, Inc. PO |
| 64309, Tucson, AZ 85728. |
| 14. TERMINATION. Without prejudice to any other rights of Company, |
| this License Agreement and your right to use the Program may |
| automatically terminate without notice from Company if you fail to |
| comply with any provision of this Agreement, or any terms and conditions |
| associated with the Program. In such event, you must destroy all copies |
| of this Program and all of its component parts. |
| 15. GENERAL PROVISIONS. You may not use, copy, modify, sublicense, |
| rent, sell, assign or transfer the rights or obligations granted to you |
| in this Agreement, except as expressly provided in this Agreement. Any |
| assignment in violation of this Agreement is void, except that you may |
| transfer your Program to another person provided that person accepts the |
| terms of this License Agreement. If any provision of this Agreement is |
| held to be unenforceable for any reason, such provision shall be |
| reformed only to the extent necessary to make it enforceable, and such |
| decision shall not affect the enforceability of: (i) such provision |
| under other circumstances, or (ii) the remaining provisions hereof under |
| all circumstances. Company's failure to enforce at any time any of the |
| provisions of this Agreement shall in no way be construed to be a |
| present or future waiver of such provisions, nor in any way affect the |
| right of any party to enforce each and every such provision thereafter. |
| The express waiver by Company of any provision, condition or requirement |
| of this Agreement shall not constitute a waiver of any future obligation |
| to comply with such provision, condition or requirement. Notwithstanding |
| anything else in this Agreement, no default, delay or failure to perform |
| on the part of Company shall be considered a breach of this Agreement if |
| such default, delay or failure to perform is shown to be due to causes |
| beyond the reasonable control of Company. This Agreement shall be |
| governed by the laws of the State of Arizona and the United States |
| without regard to its conflicts of laws rules and you consent to the |
| exclusive jurisdiction of the state and federal courts in Pima County, |
| Arizona. The United Nations Convention on Contracts for the |
| International Sale of Goods shall not apply to this Agreement. This |
| Agreement represents the complete agreement concerning this License |
| Agreement between you and Company. |
| |
| If you have any questions concerning this license, you may contact RWS |
| at PO Box 64309, Tucson, AZ 85728 |
| |
| Postal(TM) 2 © 2002 RWS, Inc. Developed by RWS, Inc. Published by |
| Medium Rare, LLC. Unreal(TM) Engine © 1997-2002 Epic Games, Inc. All |
| Rights Reserved. MathEngine Karma © 2002 MathEngine PLC. Postal, |
| Postal 2, the Postal 2 logo, Running With Scissors, and the Running With |
| Scissors logo are trademarks or registered trademarks of RWS, Inc. Epic |
| Games and Unreal are registered trademarks or trademarks of Epic Games, |
| Inc, used under license. MathEngine and Karma and the MathEngine and |
| Karma logos are registered trademarks or trademarks of MathEngine PLC, |
| used under license. All rights reserved. |