License not available onsite. Downloaders might want to check for
one in the zip, and see what it looks like, before installing.
1.9MB.
Not available in the zip. The installer must be run before the
license is available to read. Here it is:
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a
legal agreement between you, the end-user, and Macallan.
BY CONTINUING THE INSTALLATION OF THIS PROGRAM, BY LOADING OR RUNNING
THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Grant of License. Subject to the terms and provisions of this
Agreement, ID grants to you the non-exclusive and limited right to
use the Software only in executable or object code form.
The term "Software" includes all elements of the Software, including,
without limitation, data files and screen displays.
You are not receiving any ownership or proprietary right, title or
interest in or to the Software or the copyright, trademarks, or other
rights related thereto.
For purposes of this section, "use" means loading the Software into
RAM and/or onto computer hard drive, as well as installation of the
Software on a hard disk or other storage device and means the uses
permitted in section 3. hereinbelow.
You agree that the Software will not be shipped, transferred or
exported into any country in violation of the European Export
Administration Act (or any other law governing such matters) by you
or anyone at your direction and that you will not utilize and will
not authorize anyone to utilize, in any other manner, the Software in
violation of any applicable law.
The Software may not be downloaded or otherwise exported or exported
into (or to a national or resident of) any country to which the
Europe has embargoed goods or to anyone or into any country who/which
are prohibited, by applicable law, from receiving such property.
2. Prohibitions. You, either directly or indirectly, shall not do
any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a "pay-per-play" basis;
e. distribute the Software (except as permitted by section 3.
hereinbelow);
f. in any other manner and through any medium whatsoever
commercially exploit the Software or use the Software for any
commercial purpose;
g. disassemble, reverse engineer, decompile, modify or alter the
Software including, without limitation, creating or developing extra
or add-on levels for the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section
3. hereinbelow);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any legal notices or other markings or legends,
such as trademark and copyright notices, affixed on or within the
Software.
3. Permitted Distribution and Copying. So long as this Agreement
accompanies each copy you make of the Software, and so long as you
fully comply, at all times, with this Agreement, Macallan grants to
you the non-exclusive and limited right to copy the Software and to
distribute such copies of the Software free of charge for non-
commercial purposes which shall include the free of charge
distribution of copies of the Software as mounted on the covers of
magazines; provided, however, you shall not copy or distribute the
Software in any infringing manner or in any manner which violates any
law or third party right and you shall not distribute the Software
together with any material which is infringing, libelous, defamatory,
obscene, false, misleading, or otherwise illegal or unlawful.
You agree to label conspicuously as "FREEWARE" each CD or other non-
electronic copy of the Software that you make and distribute.
Macallan reserves all rights not granted in this Agreement.
You shall not commercially distribute the Software unless you first
enter into a separate contract with Macallan, a copy of which you may
request, but which Macallan may decline to execute.
For more information visit
http://perso.club-internet.fr/macallan.
4. Intellectual Property Rights. The Software and all copyrights,
trademarks and all other conceivable intellectual property rights
related to the Software are owned by Macallan and are protected by
European copyright laws, international treaty provisions and all
applicable law, such as the Lanham Act.
You must treat the Software like any other copyrighted material, as
required by other applicable laws.
You agree to use your best efforts to see that any user of the
Software licensed hereunder complies with this Agreement.
You agree that you are receiving a copy of the Software by license
only and not by sale.
5. NO WARRANTIES. Macallan DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE SOFTWARE.
Macallan DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
SPECIFIC REQUIREMENTS.
ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN,
DO NOT CONSTITUTE WARRANTIES BY Macallan AND SHOULD NOT BE RELIED
UPON.
THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
AGREEMENT.
6. Governing Law, Venue, Indemnity and Liability Limitation. This
Agreement shall be construed in accordance with and governed by the
applicable laws of the Europe and applicable European law.
Copyright and other proprietary matters will be governed by European
laws and international treaties.
You agree to indemnify, defend and hold harmless Macallan and
Macallan's officers, employees, directors, agents, licensees
(excluding you), successors and assigns from and against all losses,
lawsuits, damages, causes of action and claims relating to and/or
arising from your breach of this Agreement.
You agree that your unauthorized use of the Software, or any part
thereof, may immediately and irreparably damage Macallan such that
Macallan could not be adequately compensated solely by a monetary
award and that at Macallan's option Macallan shall be entitled to an
injunctive order, in addition to all other available remedies
including a monetary award, appropriately restraining and/or
prohibiting such unauthorized use without the necessity of Macallan
posting bond or other security.
IN ANY CASE, Macallan AND Macallan'S OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND ASSIGNS SHALL NOT BE
LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR
DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL
THEORY EVEN IF Macallan OR ITS AGENT HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE,
OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.
Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
This Section 6. shall survive cancellation or termination of this
Agreement.
7. European Restricted Rights. To the extent applicable, the
European Governments shall only have those rights to use the Software
as expressly stated and expressly limited and restricted in this
Agreement.
8. General Provisions. Neither this Agreement nor any part or
portion hereof shall be assigned or sublicensed by you. Macallan may
assign its rights under this Agreement in Macallan's sole discretion.
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a court of competent jurisdiction, the
validity and enforceability of the other provisions shall not be
affected thereby.
If any provision is determined to be unenforceable by a court of
competent jurisdiction, you agree to a modification of such provision
to provide for enforcement of the provision's intent, to the extent
permitted by applicable law.
Failure of Macallan to enforce any provision of this Agreement shall
not constitute or be construed as a waiver of such provision or of
the right to enforce such provision.
Immediately upon your failure to comply with or breach of any term or
provision of this Agreement, THIS AGREEMENT AND YOUR LICENSE SHALL
AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND Macallan MAY PURSUE ALL
RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE
LAW AND/OR THIS AGREEMENT.
In the event this Agreement is terminated, you shall have no right to
use the Software, in any manner, and you shall immediately destroy
all copies of the Software in your possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF
THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR
COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS
BETWEEN Macallan AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.
THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR
UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN Macallan AND YOU
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
