AVMAKER AND ARLINN TOWER ENT END USER LICENSE AGREEMENT
BY CLICKING ON THE "PURCHASE " 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,
EXIT THIS PAGE AND THE DOWNLOAD PROCESS WILL NOT CONTINUE.
IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS
EXPRESSLY LIMITED TO THESE TERMS. YOU WILL ALSO FIND A
COPY OF THIS AGREEMENT INSTALLED IN THE SOFTWARE PROGRAM
DIRECTORY OF YOUR HARDDRIVE.
GRANT. Subject to the terms of this Agreement,
Arlinn Tower Ent. ("ATE") hereby grants you a limited,
personal, nontransferable, nonsublicensable, royalty-free,
nonexclusive license to use one copy of the software product
you are about to download in object code form ("Software")
for the purpose of creation of Personal Use Avatars in your
"world". Use of this software for commercial avatar production
is expressly prohibited. A separate business user license is
required and will be negotiated on a case-by-case basis.
You may: produce one copy the Software for archival purposes,
provided any copy contains all of the original Software's
proprietary notices; you may use the ATE Software subject
to the terms and conditions of this license.
You may not, directly or indirectly: modify, translate,
reverse engineer, reconfigure,decompile, disassemble (except
to the extent applicable laws specifically prohibit such
restriction), create derivative works based on, or otherwise
attempt to discover the source code or underlying ideas or
algorithms of the Software or ATE Software; or copy (except
for archival purposes as set forth above), rent, lease,
distribute, transfer or otherwise transfer rights to the
Software or ATE Software; use the Software or ATE Software
for timesharing or service bureau purposes; or remove any
proprietary notices or labels on the Software or ATE Software
or provide any version of the Software for download from any
internet site or provide it on any recording material to any
other party.
SOFTWARE. This license does not grant you any right to any
enhancement or update. Furthermore, this license does not
grant you continued access to ATE Software.
SUPPORT. This Agreement does not entitle you to any maintenance,
upgrades, patches, enhancements, fixes, new versions or other
support ("Support Programs") for the Software or ATE Software;
provided, however, that if you download or otherwise obtain in
any manner any Support Programs they shall become part of the
Software and the terms of this Agreement shall apply.
TITLE. As between the parties, title, ownership rights, and
intellectual property rights in and to the Software and ATE
Software, and any copies or portions thereof, shall remain in
Arlinn Tower Ent. and its suppliers or licensors. The Software
and all ATE Software are protected by the copyright laws of the
United States and international copyright treaties. This License
gives you no rights, title, or interest to Content except the
limited license to use the ATE Software as described above.
DISCLAIMER OF WARRANTY. THE SOFTWARE, ATE SOFTWARE, AND ANY
SERVICES THAT YOU RECEIVE FROM ARLINN TOWER ENT, ARE PROVIDED
"AS IS." ATE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. You assume the entire risk as to the
quality and performance of the Software or ATE Software. Arlinn
Tower Ent assumes no liability for the cost of any service or
repair if the Software or ATE Software is defective. Further,
you assume the responsibility of, and any costs or liability
associated with, making a connection (by any means) to any
ActiveWorlds(TM) server to display your avatars.
Arlinn Tower Ent exercises no screening, editorial, or other
control over Content available to you through your use of the
Software and ATE Software, and Content may include material
that could be deemed distasteful, misleading, inaccurate,
offensive, pornographic or otherwise objectionable. Furthermore,
use of the Software or ATE Software does not guarantee any
privacy or confidentiality of any Content you post or make
available through the Software and Arlinn Tower Ent assumes
no responsibility or liability for the preservation or display
of such Content. Your world hoster may modify or remove it at
their sole discretion. You hereby release Arlinn Tower Ent from
any and all liability for all claims related to Content as well
as claims related to the security or level of privacy provided.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
STRICT LIABILITY, OR OTHERWISE, SHALL ARLINN TOWER ENT OR ITS
LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL ARLINN TOWER ENT BE LIABLE FOR ANY DAMAGES IN EXCESS
USD$0.01, EVEN IF ARLINN TOWER ENT SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION. Arlinn Tower Ent may, at its sole discretion,
terminate this Agreement, the license granted herein, and
your right to use or access the Software at any time. On
termination, you must destroy all copies of the Software in
your possession or under your control.
ARBITRATION. Arbitration is specificly denied. Any claim
alleging a violation of any duty incident to this Agreement,
or your use of the Software or the ATE Software, or your
copying, or modification of the software packaging structure,
or giving, loaning, or receiving unlicensed copies of the
Software or ATE Software must be heard in the Fond du Lac County
Circuit Court, Fond du Lac, WI. User agrees to accept all costs
arising from any violations or alleged violations on his part.
Punitive or consequent damages (including without limitation
statutory "multiplied," e.g. treble, damages) may be awarded
and the Court shall be made aware of this agreement.
EXPORT CONTROLS. None of the Software, ATE Software or
underlying information or technology may be downloaded or
otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria
or any other country to which the U.S. has embargoed goods;
or (ii) into any country in which the U.S. has embargoed goods,
or to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you are
agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
MISCELLANEOUS. This Agreement represents the complete license
agreement and supersedes all prior agreements and representations
and may only be amended by a writing executed by the parties.
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. This Agreement shall
be governed by and construed under Wisconsin law.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure
by the Government is subject to restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause in DFARS 252.227-7013, and in similar
clauses in the NASA FAR Supplement.
Created and produced by Arlinn Tower Ent., P.O. Box 583, Ripon, WI 54971.
