End User License Agreement
Microsoft software includes an End User License Agreement
(EULA) more or less indemnifying Microsoft from liability arising
from your use of their software. As free software, Porta-Pinball
should enjoy equal or greater legal protections. The EULA for
your Windows desktop operating system is contained in the operating
system help and as eula.txt somewhere under the operating system
directory. Reread it now if you need a refresher.
Specifically of interest are the following claims:
1) To the maximum extent permitted under applicable law,
Manufacturer's entire liability and your exclusive remedy
shall be return of the price paid.
2) To the maximum extent permitted by applicable law,
Manufacturer disclaims all other warranties, either express
or implied, including, but not limited to implied warranties
of merchantability and fitness for a particular purpose.
3) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MANUFACTURER BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
PRODUCT, EVEN IF MANUFACTURER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
MANUFACTURER'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
In short, no guarantee is made by Manufacturer of Porta-Pinball
of the suitability of Porta-Pinball for any purpose, including
but not limited to providing the End User with fun, and no responsibility
is taken by Manufacturer for the consequences of your running
it.
Porta-Pinball is freeware and shall not be sold except as
part of a compilation of
software of which Porta-Pinball represents an insignificant portion
of the total value,
nor shall the copyright notices and author attributions be removed,
modified, or
augmented.
Because Porta-Pinball is freeware, there are few restrictions
on how you as an individual can use it. In contrast to Microsoft
software, you are allowed and encouraged to install multiple
copies, use it with two or more processors, network with more
than five workstations while connected to the Internet (not that
it will do you any good), make multiple back-up copies, even
share it with a friend.
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