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Kabang! by Scidian™ Software LC
Copyright 2005, ALL RIGHTS RESERVED
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Scidian™ Software LC with regard to the Software ("SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by Scidian™ Software LC in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA Scidian™ Software LC is unwilling to license the SOFTWARE PRODUCT to you.
1. Distribution. The Software is released as Freeware and may be downloaded and copied free of charge. You agree not to re-release the software under any other name or to take credit for the software as your own.
2. Disclaimer of Warranty. The Software is provided "AS IS" without warranty of any kind. Scidian™ Software LC and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Scidian™ Software LC nor its suppliers 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. Scidian™ Software LC IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
3. Limitation of Liability. Scidian™ Software LC's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Scidian™ Software LC or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Scidian™ Software LC or its supplier has been advised of the possibility of such damages, or any claim by a third party.
4. No Liability for Consequential Damages. In no event shall Scidian™ Software LC or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Scidian™ Software LC product, even if Scidian™ Software LC has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5. Indemnification By You. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Scidian™ Software LC and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
Scidian™ Software LC
www.scidian.com
support@scidian.com
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