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DUNGEON OF THE ENDLESS END-USER LICENCE AGREEMENT
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes and markets this Dungeon of the Endless video game. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use this Dungeon of the Endless video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Dungeon of the Endless End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of Dungeon of the Endless video game, including: computer software, programs, its code, objects including their API's, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, downloading, creating a back-up, or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE PRODUCT or must destroy the SOFTWARE PRODUCT and any copies thereof.
1. GRANT OF LICENSE.
In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE, as of the paying of the purchase price, a limited non-exclusive and non-transferable license to use the SOFTWARE PRODUCT.
If the LICENSOR releases and distributes Dungeon of the Endless video game subsequent versions, the LICENSOR shall freely and at any time, alter prices, features, licensing terms, or other characteristics of the commercial release, what the LICENSEE expressly accepts.
2. RIGHTS AND LIMITATIONS.
The LICENSEE may download, install and use the SOFTWARE PRODUCT on any computer free of charge without restrictions. More generally, the LICENSEE shall use the SOFTWARE PRODUCT in accordance with its destination, the documentation and the terms and conditions of this EULA.
The LICENSEE shall not: - Incorporate the SOFTWARE PRODUCT into any other "commercial" software product, - Display, distribute, resell, rent, loan or make available the SOFTWARE PRODUCT to a third party, on any basis and for any reason, - Make more copies of the SOFTWARE PRODUCT than allowed by applicable law, - Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT,
The LICENSEE understands that the source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Nevertheless, the LICENSOR allows the LICENSEE, under its sole responsibility and at its own risks, to reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE PRODUCT to create or to perform a function not originally conceived or intended by the LICENSOR and/or to create new or altered content. The LICENSOR makes no express or implied representations or warranties whatsoever regarding (i) the SOFTWARE PRODUCT as modified by the LICENSEE and (ii) any consequences of any kind arising out of or relating to the SOFTWARE PRODUCT as modified by the LICENCEE.
3. PROPERTY RIGHTS.
This EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the SOFTWARE PRODUCT and any copy of the SOFTWARE PRODUCT made by the LICENSEE are and remain exclusively owned by the LICENSOR. The SOFTWARE PRODUCT is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE PRODUCT like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy of the SOFTWARE PRODUCT. Except as specifically provided for in this EULA, the LICENSOR reserves all of its other rights.
4. USE RESTRICTIONS.
The LICENSEE agrees that the SOFTWARE PRODUCT will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.
5. DISCLAIMERS.
THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE PRODUCT IS AT THE LICENSEE SOLE RISK.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS SOFTWARE PRODUCT, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT.
6. APPLICABLE LAW.
This EULA shall be governed by French law unless the LICENSEE acquired the SOFTWARE PRODUCT outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.
* * *
By downloading the SOFTWARE PRODUCT, you might also be downloading Microsoft DirectX 9.0c and Microsoft Visual C++ 2008, thus you will found hereafter reproduced the licences for those two Microsoft softwares.
MICROSOFT DirectX 9.0c
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates, * supplements, * Internet-based services, and * support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Microsoft Visual C++ 2008
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates, * supplements, * Internet-based services, and * support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR ITS CONTENT INCLUDED IN THE SETUP PROGRAM AND ITS DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Amplitude Studios (“the LICENSOR”) publishes and markets this Dungeon of the Endless video game. You, either an individual or a single entity (“You” or “the LICENSEE”), wish to purchase and use this Dungeon of the Endless video game. To this end, the LICENSEE consents to be bound by and are becoming a party to the Dungeon of the Endless End-User License Agreement ("EULA") which is a legal agreement between the LICENSEE and the LICENSOR for the downloading and use of Dungeon of the Endless video game, including: computer software, programs, its code, objects including their API's, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, downloading, creating a back-up, or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE PRODUCT or must destroy the SOFTWARE PRODUCT and any copies thereof.
1. GRANT OF LICENSE.
In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, the LICENSOR grants to the LICENSEE, as of the paying of the purchase price, a limited non-exclusive and non-transferable license to use the SOFTWARE PRODUCT.
If the LICENSOR releases and distributes Dungeon of the Endless video game subsequent versions, the LICENSOR shall freely and at any time, alter prices, features, licensing terms, or other characteristics of the commercial release, what the LICENSEE expressly accepts.
2. RIGHTS AND LIMITATIONS.
The LICENSEE may download, install and use the SOFTWARE PRODUCT on any computer free of charge without restrictions. More generally, the LICENSEE shall use the SOFTWARE PRODUCT in accordance with its destination, the documentation and the terms and conditions of this EULA.
The LICENSEE shall not: - Incorporate the SOFTWARE PRODUCT into any other "commercial" software product, - Display, distribute, resell, rent, loan or make available the SOFTWARE PRODUCT to a third party, on any basis and for any reason, - Make more copies of the SOFTWARE PRODUCT than allowed by applicable law, - Grant sub-licenses, either directly or indirectly, in part or in whole to the SOFTWARE PRODUCT,
The LICENSEE understands that the source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Nevertheless, the LICENSOR allows the LICENSEE, under its sole responsibility and at its own risks, to reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE PRODUCT to create or to perform a function not originally conceived or intended by the LICENSOR and/or to create new or altered content. The LICENSOR makes no express or implied representations or warranties whatsoever regarding (i) the SOFTWARE PRODUCT as modified by the LICENSEE and (ii) any consequences of any kind arising out of or relating to the SOFTWARE PRODUCT as modified by the LICENCEE.
3. PROPERTY RIGHTS.
This EULA does not operate any transfer, on whatever basis. Thus, all rights, titles and interests in and to the SOFTWARE PRODUCT and any copy of the SOFTWARE PRODUCT made by the LICENSEE are and remain exclusively owned by the LICENSOR. The SOFTWARE PRODUCT is protected by copyright laws, other laws, and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE PRODUCT like any other protected material. The LICENSEE may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy of the SOFTWARE PRODUCT. Except as specifically provided for in this EULA, the LICENSOR reserves all of its other rights.
4. USE RESTRICTIONS.
The LICENSEE agrees that the SOFTWARE PRODUCT will not be used, sub-licensed, transferred or otherwise disposed of in violation of any national or international copyright laws.
5. DISCLAIMERS.
THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE PRODUCT’S USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS, FINAL OR NOT, OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS FURTHER UNDERSTOOD BY THE LICENSEE THAT NO COMMITMENT EXISTS ON THE PART OF THE LICENSOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR A SPECIFIC USE BY THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE PRODUCT IS AT THE LICENSEE SOLE RISK.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS SOFTWARE PRODUCT, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, INREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT.
6. APPLICABLE LAW.
This EULA shall be governed by French law unless the LICENSEE acquired the SOFTWARE PRODUCT outside France and the mandatories provisions of the laws of the state where the LICENSEE lives are more favorable.
* * *
By downloading the SOFTWARE PRODUCT, you might also be downloading Microsoft DirectX 9.0c and Microsoft Visual C++ 2008, thus you will found hereafter reproduced the licences for those two Microsoft softwares.
MICROSOFT DirectX 9.0c
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates, * supplements, * Internet-based services, and * support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Microsoft Visual C++ 2008
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates, * supplements, * Internet-based services, and * support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.