IV. END-USER LICENSE AGREEMENT FOR ADD-ON COMPONENTS -- NO ONE LIVES FOREVER Source Code v1.003
THIS END-USER LICENSE AGREEMENT (THIS "EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND MONOLITH PRODUCTIONS, INC. ("MONOLITH") FOR NO ONE LIVES FOREVER Source Code v1.003, WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MATERIALS (THE "SOFTWARE").
YOU MAY ONLY BECOME A PARTY TO THIS AGREEMENT IF YOU ARE A LICENSED USER OF MONOLITH'S The Operative: "No One Lives Forever" PRODUCT.
BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND DO NOT USE THE SOFTWARE.
1. GRANT OF LICENSE. You may use and publicly display one copy of the Software on one personal computer. A license for the Software may not be shared or used concurrently on different computers.
2. LIMITATIONS. You may not reverse engineer, decompile, or disassemble the Software. You may not rent or lease the Software. You may make one additional copy of the Software solely for backup or archival purposes. You may not copy any printed materials accompanying the Software.
3. SOFTWARE TRANSFER. You may permanently transfer all of your rights under this EULA, provided (a) you retain no copies, (b) you transfer all of the Software (including all component parts, the media on which the Software was delivered, all printed materials, any upgrades, and this EULA), and (c) the recipient agrees to the terms of this EULA in writing delivered to Monolith. Any transfer must include all prior versions and upgrades of the Software. Otherwise, you have no right to distribute copies of the Software.
4. TERMINATION. Without prejudice to any other rights, Monolith may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
5. NO SUPPORT. Because Monolith is offering this Software to you free of charge, Monolith will not provide any telephone, online or other support for the use of the Software.
6. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONOLITH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.
7. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONOLITH OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MONOLITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW SUCH EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. EDITOR, SOURCE CODE AND END-USER VARIATIONS.
(a) The Software may include an "Editor." An "Editor" is a feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non-playable. An Editor includes its associated tools and utilities. An Editor is NOT shareware. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale.
(b) The Software may include "Source Code." "Source Code" is a feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non-playable. Source Code is NOT public domain. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale.
(c) Using the Editor and/or Source Code, you may create modifications or enhancements to the Software, including the construction of new levels (collectively referred to as "Variations"), subject to the following restrictions:
i. Your Variations must only work with the full copy of the Software, not independently or with any other software.
ii. Your Variations must not contain modifications to any executable file.
iii. Your Variations must not contain any libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contains any trademarks, copyright-protected work, or other recognizable property of third parties.
iv. At least once in every online description and with reasonable duration on the opening screen, your Variations must prominently identify (i) the names and email addresses of its creators, and (ii) the words "This add-on is not made by or supported by Monolith Productions, or any of its affiliates and subsidiaries."
v. Your Variations must be distributed solely for free. Neither you nor any other person or party may sell them to anyone, commercially exploit them in any way, or charge anyone for using them. You may exchange them at no charge among other end-users.
vi. By distributing or permitting the distribution of any of your Variations, you hereby grant back to Monolith Productions an irrevocable royalty-free right to use and distribute them by any means.
vii. The prohibitions and restrictions in this section apply to anyone in possession of the Software or any of your Variations.
9. MISCELLANEOUS. This EULA is governed by the laws of the State of Washington, U.S.A. Each of the parties hereto submits to jurisdiction in the state and federal courts sitting in King County, Washington. Should you have any questions concerning this EULA, or if you desire to contact Monolith for any reason, please write: Monolith Productions, Inc., 10516 NE 37th Circle, Kirkland, WA 98033.