OpenWorlds(tm) ONLINE LICENSE AGREEMENT
Before you download any software, here are a few important things to know:
The software is subject to the terms and conditions detailed in the license agreement below.
Version 2.0 Software: OpenWorldsTM Merchant
and Horizon
Developed by DRaW Computing Assoc., Inc.
3508 Market St., Philadelphia PA 19104
Copyright© 1999, DRaw Computing Assoc., Inc. All Rights Reserved
OpenWorldsTM and the "OW" logo are trademarks of DRaW Computing Assoc, Inc.
OpenWorlds(tm) ONLINE LICENSE AGREEMENT
DRaW Computing Associates, Inc. ("DRaW") IS WILLING TO LICENSE OpenWorldsTMOpenWorlds SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOU WILL BE AGREEING TO THE TERMS OF THIS AGREEMENT BY CLICKING ON THE SEND BUTTON BELOW. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.
1. GRANT OF LICENSE
You may use one copy of the enclosed OpenWorlds software program (the "Licensed Software") on a single computer. The Licensed Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed onto permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. If installed on a network, the Licensed Software may not be accessed by more than one computer simultaneously.
2. COPYRIGHT
The Licensed Software is owned by DRaW Computing Associates, Inc. (DRaW) and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Licensed Software like any other copyrighted material (e.g. a book or musical recording), except that you may either (i) make one copy of the Licensed Software solely for backup or archival purposes, provided you reproduce and include DRaW's copyright and trademark notices, or (ii) transfer the Licensed Software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Licensed Software.
3. OTHER RESTRICTIONS
a. You may not use, copy, or modify the files containing the licensed software, or any backup copy, in whole or in part, or translate such files into any other file format or language, except as expressly provided for in this agreement. You may not rent, lease or sublicense the Licensed Software, but you may transfer the Licensed Software and accompanying written materials on a permanent basis, provided you retain no copies, the recipient agrees to the terms of this License Agreement, immediately contacts DRaW to inform DRaW of such transfer and pays to DRaW a transfer fee in an amount to be determined by DRaW and in effect at the time in question. Upon such transfer, your license under this License Agreement is automatically terminated.
b. You may not reverse engineer, decompile or disassemble the Licensed Software for any purpose whatsoever.
c. Any use of DRaW's trademarks shall be pursuant to DRaW's guidelines and only with DRaW's prior written approval.
4. TERM
Your license is effective upon payment for and the opening of the package containing the Licensed Software. You may terminate it at any time by destroying the Licensed Software together with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy all copies of the Licensed Software in any form in your possession or under your control.
5. LIMITED WARRANTY
DRaW warrants that for a period of ninety (90) days from date of receipt, the Licensed Software will perform substantially in accordance with the accompanying written materials. THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY DRAW. DRAW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.
6. CUSTOMER REMEDY
DRaW's entire liability and your exclusive remedy shall be, at DRaW's option, either (a) return of the price paid, or (b) repair or replacement of the Licensed Software that does not meet DRaW's Limited Warranty and which is returned to DRaWwithin the warranty period. The Limited Warranty is void if failure of the Licensed Software has resulted from accident, abuse or misapplication. Any replacement Licensed Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7. DISCLAIMER OF DAMAGES
You assume responsibility for, among other things, (i) the selection of the Licensed Software to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the Licensed Software, and (iii) the installation, use and results obtained from the Licensed Software. Further, in as much as the price paid for the license rights granted to you to use the Licensed Software may be substantially disproportionate to the value of products to be used in conjunction with the Licensed Software, and for the express purpose of limiting the liability against DRaW to an extent which is reasonably proportionate to the commercial value of this transaction, you agree that, to the maximum extent permitted by law, DRAW SHALL IN NO EVENT BE LIABLE FOR ANY 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 OR INABILITY TO USE THE LICENSED SOFTWARE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF DRAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. UPDATES & TECHNICAL SUPPORT
Upon your acceptance of the fully executed License Agreement, DRaW will make available to you Technical Support in the manner and under the guidelines set forth in the Licensed Software user documentation, which may be modified from time to time by DRaW at its discretion without notice. DRaW may, from time to time, revise or update the Licensed Software. In so doing, DRaW incurs no obligation to furnish such revision or updates to you. Updates and further support terms are available to you on the same basis as DRaW makes them available to its other licensees at then current prices.
9. PUBLICITY
DRaW may use the Developer's name in publicity materials as a licensee of OpenWorldsTM . The Developer may identify itself as a licensee of OpenWorldsTM subject to Section 3(c).
9. GENERAL
a. This License is personal between you and DRaW. It is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder, except as provided in Section 3, above, is void. This Agreement and the conduct of the parties hereto shall be governed by the laws of the State of Pennsylvania.
b. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DRAW WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND DRAW OR DRAW'S AGENT(S) RELATING TO THE LICENSED SOFTWARE.
Please select the "Accept License" button below to indicate your agreement with the terms outlined herein.
Click on the "Accept License" button to continue. If you do not agree to be bound by this agreement, use the "back" button of your browser to exit the installation pages.
By clicking on the "Accept License" button, it will bring you to our download site:
Copyright © 1999 DRaW Computing Associates, Inc.