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Astraware Sudoku

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END USER LICENSE AGREEMENT

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
  • License.
    The application(s), system and other software accompanying this License, whether on the disk, in read only memory, or on any other media (the "Software") and the related documentation are licensed, not sold, to you by Astraware Limited ("Astraware") and all are subject to this License. You own the disk on which the Software is recorded but Astraware and/or Astraware's licensors retain title to the Software and related documentation, and reserve all rights not expressly granted to you. This license allows you to use the Software on one (1) single digital assistant operating EITHER the Palm OS platform OR the Windows Mobile for Pocket PC platform OR the Windows Mobile for Smartphone platform OR Windows Mobile Professional OR Windows Mobile Classic OR Windows Mobile Standard OR Symbian S60 OR Symbian UIQ OR BlackBerry OS (the "Device").
    This license also allows you to make one (1) copy of the Software in machine-readable form, for backup purposes only, which is also subject to this License, providing that you reproduce on such a copy, the copyright notices and any other proprietary legends that were on the original copy of the Software. You may transfer all of your license rights, the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License and you retain no copies of the Software or related documentation and materials.
    This license also allows you access to limited technical support, errata and updates to the Software, providing that you have complied with the procedure for Software registration.
  • Restrictions.
    The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, you may not decompile, reverse engineer, disassemble or other-wise reduce this Software to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify, network, rent, lease, loan, sublicense, broadcast, distribute or otherwise use the Software for commercial purposes. You may not create derivative works based upon the Software in a whole or in part. You may not use the Software on a personal computer except on a temporary basis, that is solely necessary to read the Software from the media into the storage memory of a single Device. You may not use the Software on or over a network, including the Internet, except in a manner using the network and on-line functions specifically included in the Software. You may only transmit the Software from one Device to another Device in the event that the Software specifically includes a feature that permits you to transmit demonstration versions of the Software from your Device to one or more additional Devices. All such demonstration versions of the Software shall be subject to the terms of this License.
  • Termination.
    This license is effective until terminated. You may terminate this license at any time by destroying the Software and related documentation and all copies thereof. This license will terminate immediately, without notice from Astraware, if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.
  • Export Law Assurances.
    You agree and certify that neither the Software nor any other technical data received from Astraware, nor the direct product thereof (whether a process or service or other-wise), will be directly, or indirectly exported or transmitted outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export or transmit, directly or indirectly, the Software nor any other technical data received from Astraware, except as authorized by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. You agree that you will not export in any manner the Software without first obtaining all necessary approvals from the appropriate agencies in the United States and any other applicable countries.
  • Government End Users.
    If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and the documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, subparagraph (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, or in the clause 18 -52.227-896(d) of the NASA Supplement to the FAR, as applicable. Manufacturer is Astraware Ltd, IC2, Keele Science Park, Newcastle-under-Lyme, ST5 5NH, United Kingdom.
  • Disclaimer of Warranty on Software.
    You expressly acknowledge and agree that use of the Software and the media on which it is recorded, is at your sole risk. For ninety (90) days from the date of your purchase of the Software, the media containing the Software shall be free from defects in material and workmanships. Astraware's sole liability, and your sole remedy, with respect to any such media that proves to be defective during such time period shall be to replace the defective media.
    Except explicitly as set forth herein, the Software, related documentation and media are provided "AS IS" and without warranty of any kind and Astraware and Astraware's licensor(s) (for the purposes of provisions 6 and 7, Astraware and Astraware's licensor(s) shall be collectively referred to as "Astraware") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Astraware DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS IN THE SOFTWARE OR THE MEDIA WILL BE CORRECTED. FURTHERMORE, Astraware DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Astraware OR AN Astraware AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE OR MEDIA PROVE DEFECTIVE, YOU (AND NOT Astraware OR AN Astraware AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING REPAIR OR CORRECTION. THE FEES FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK. FURTHERMORE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  • Limitation of liability.
    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Astraware BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF AN Astraware AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Astraware's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you for the Software.
  • Controlling Law and Severability.
    This License shall be governed by and construed in accordance with the laws of the United Kingdom. If for any other reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
  • Complete Agreement.
    This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Astraware.