MMOGer 2.0

EULA - End User License Agreement

===========================
QuinWorks EULA
===========================

All of the documentation and software included is copyrighted by QuinWorks.com.

Copyright (C) 2002 - 2008 QuinWorks.com. All rights reserved.

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY CLICKING THE "ACCEPT" BUTTON OR BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE "DECLINE" BUTTON, DO NOT USE THIS SOFTWARE.

The enclosed computer program(s) ("Software") is licensed, not sold, to you by QuinWorks.com. QuinWorks.com reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but QuinWorks.com retains ownership of the Software itself.

1) License. This License allows you to: Install one copy of the Software on a single computer. To "install" the Software means that the Software is either loaded or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.).

Make one copy of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by QuinWorks.com.

Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).

2) Restrictions. The Software contains trade secrets and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM EXCEPT AS PERMITTED UNDER APPLICABLE LAW. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, OR OTHER ENVIRONMENTS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU MAY NOT TRANSFER OR ASSIGN YOUR RIGHTS UNDER THIS LICENSE TO ANOTHER PARTY WITHOUT QuinWorks.com’S PRIOR WRITTEN CONSENT.

Notwithstanding any other terms in this License, you may not use the Software with a client or guest which substantially duplicates the capabilities of MMOGer or, in the reasonable opinion of QuinWorks.com, competes with MMOGer.

3) Termination. This License is effective until terminated. This License will terminate immediately without notice from QuinWorks.com or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 5, 6, and 7 will survive any termination or cancellation of this License.

4) Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or reexported into (or to a national or resident of) any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Department of Commerce’s Table of Denial Orders. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

5) Limited Warranty. QuinWorks.com warrants for a period of ninety (90) days from your date of purchase that (i) the media provided by QuinWorks.com, if any, on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (ii) the Software as provided by QuinWorks.com will substantially conform to QuinWorks.com’s published specifications for the Software. QuinWorks.com’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at QuinWorks.com’s option, replacement of the media, refund of the purchase price or repair or replacement of the Software.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY QuinWorks.com AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 6 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY QuinWorks.com’S NEGLIGENCE.

6) Limitation of Remedies and Damages. In no event will QuinWorks.com, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if QuinWorks.com or a QuinWorks.com representative has been advised of the possibility of such damage. QuinWorks.com’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $20 (U.S.) or the money paid for the Software that caused the damages. The parties agree that this limitation of remedies and damages provision shall be enforced independently of and survive the failure of essential purpose of any warranty remedy.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY CAUSED BY QuinWorks.com’S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7) General. If there is a local subsidiary of QuinWorks.com in the country in which this License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Utah. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended, is specifically excluded from application to this License. This License constitutes the entire agreement between you and QuinWorks.com concerning the subject matter, and any proposals for additional or different terms, including but not limited to the terms set forth in any purchase order, are hereby rejected. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by both you and QuinWorks.com. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Software are as provided in clause 52.227-19 of the FAR.

**************************************
QuinWorks.com
info@quinworks.com
http://www.quinworks.com
**************************************