Lost Admiral Returns 1.19

EULA - End User License Agreement

FOGSTONE GAMES
LOST ADMIRAL RETURNS LICENSE AGREEMENT
(FULL AND TRIAL LICENSES)

BEFORE YOU DOWNLOAD AND INSTALL THIS PRODUCT (THE "PRODUCT"), PLEASE CAREFULLY REVIEW ALL TERMS AND CONDITIONS AND BE SURE YOU UNDERSTAND THEM. BY CHOOSING "I ACCEPT" YOU BECOME A PARTY WITH FOGSTONE GAMES (HEREIN "FOGSTONE") TO THIS LICENSE AND LEGALLY BOUND BY ITS TERMS AND CONDITIONS AS SHOWN. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SHOWN, YOU MUST NOT COMPLETE THE INSTALLATION OF THE PRODUCT.

1. Grant of License.

A. Full Registered License. Fogstone grants you a non-exclusive, non-transferable license to use the Product, including any accompanying documentation, printed or electronic (the "Documentation") on a single personal computer workstation and to make one backup copy of the Product, provided that: (i) the Product is installed on only one personal computer; (ii) the Product is NOT modified; (iii) all copyright notices are maintained on the Product; and (iv) you agree to be bound by the terms of this Agreement. The Product and accompanying Documentation shall be used only by you, only for your own personal use and not for the benefit of any other person or entity.

B. Trial License. Fogstone grants you a non-exclusive, non-transferable license to use the Product, FOR A THIRTY (30) DAY TRIAL PERIOD on a single personal computer workstation, provided that (i) the Product is installed on only such personal computer, (ii) the Product is NOT modified; (iii) all copyright notices are maintained on the Product; and (iv) you agree to be bound by the terms of this Agreement. The Product and accompanying Documentation shall be used only by you, only for your own personal use and not for the benefit of any other person or entity. The Product will cease functioning at the end of this period and may be converted to a full license as described in subparagraph C below.

C. Upgrading from Trial to Full License. At the end of the thirty-day trial period, you may convert your trial license to a full license by obtaining an unlocking "key" from Fogstone.

D. Sharing of Product. Fogstone encourages you to pass a 30-day trial copy of the Product along to your friends for evaluation. Please encourage them to register their copy if they find that they enjoy the product. All registered users will receive a copy of the latest version of the product. You may not, under any circumstances, share your full version unlocking key with any other person. Sharing your key is a misappropriation of the Product pursuant to paragraph 2(C) below and will result in its invalidation and termination of this Agreement.

2. Intellectual Property Rights.

A. Ownership. You have no ownership fights in the Product and accompanying Documentation. Rather, you have a license to use the Product and Documentation as long as this Agreement remains in full force and effect. Ownership of the Product, Documentation and all intellectual property rights therein shall remain at all times with Fogstone. Any other use of the Product by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.

B. Copyright. The Product and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Fogstone. You may not remove any proprietary notice of Fogstone from any copy of the Product or Documentation.

C. Misappropriation. You may not publish, display, disclose, rent, lease, assign, pledge, modify, loan, distribute, or create derivative works based on the Product, Documentation or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Product, nor shall you attempt to create the source code from the object code for the Product.

3. Creation of Account; Privacy. By going online with the Product to post scores, play multiplayer games, or update, you automatically agree to the creation of an account used to (1) facilitate posting of your high scores, (2) coordinate between players in multiplayer matchup server scenarios, and (3) update the Product. You also have the option of posting your journal notes to Fogstone, providing your email to us for feedback purposes inside the Journal notes and can opt-out at any time by selecting to not upload Journal notes during updates, and by not providing your email. When posting a high score online, a short description of the battle you just fought and your officer will be created for use on the high score chart. You can opt-out at any time by choosing NOT to post your high score. Any information gathered is subject to the Fogstone privacy policy as amended from time to time.

4. Distribution. Anyone distributing the product for any kind of remuneration must first contact Fogstone at the address below for authorization. This authorization will be automatically granted to distributors recognized by the Association of Shareware Professionals as adhering to its guidelines for shareware distributors, and such distributors may begin offering the product immediately, provided, however, that Fogstone is advised so that Fogstone may provide the distributor with the latest version of the Product.

5. License Fees. The Product is provided without charge during the 30-day trial period. A license fee set by Fogstone is required for use beyond the 30-day trial period.

6. Term. This Agreement is effective upon the earlier of your execution of this Agreement or your first use of the Product and shall continue until the expiration of the trial period at which time the Product shall cease functioning until reactivation by use of the proper key that will be supplied by Fogstone. Thereafter, you may terminate this Agreement at any time by returning the Product and all copies thereof and extracts therefrom to Fogstone. Fogstone may terminate this Agreement immediately upon your breach of any of the terms of this Agreement. Upon termination for any reason, you shall uninstall or otherwise remove the Product from your computer.

7. Warranty and Disclaimer. Fogstone warrants for a period of thirty (30) days after purchase that the Product will operate substantially in accordance with the documentation. Should the Product not so operate, your exclusive remedy, and Fogstone's sole obligation under this warranty, shall be, at Fogstone's sole discretion, correction of the defect or refund of the purchase price paid for the Product. ANY USE BY YOU OF THE PRODUCT IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY FOGSTONE REGARDING THE PRODUCT. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE PRODUCT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOGSTONE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOGSTONE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE PRODUCT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCT WILL BE CORRECTED, OR THAT THE PRODUCT IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

8. Limitation of Liability. IN NO EVENT WILL FOGSTONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF FOGSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOGSTONE'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCT AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE PRODUCT AND DOCUMENTATION. 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.

9. Error Reporting. Please remember that any use of computers is subject to a likelihood of human and machine errors, omissions, delays and losses, including loss or corruption of data or media. You should adopt such measures as you believe proper to limit the impact of those problems, including backing up data and verifying the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. You are asked to report any error or malfunction in the Product to Fogstone. Although Fogstone assumes no legal obligation with respect to your use of the Product, it is Fogstone's intent that errors and malfunctions will be addressed through reasonable corrective efforts based on priorities and available resources Fogstone may assign to such errors or malfunctions.

10. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Maine. In the event of any dispute arising under this Agreement or use of the Product, you irrevocably submit to the jurisdiction of the state and federal courts in the state of Maine, USA, with venue in Cumberland County.

11. General Provisions. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Fogstone Games
355 Libby Road
Pownal, Maine 04069
Phone/Fax 207-688-4677
www.fogstonegames.com
Email: support@fogstone.com
Privacy policy: www.lostadmiralreturns.com/privacy.html