Days of Sail: Wind over Waters End user license agreement

ICE BYTES GAMES - END USER LICENSE AGREEMENT (EULA) YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE DAYS OF SAIL: WIND OVER WATERS PROGRAM. INSTALLING AND USING THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. 1) GRANT OF LICENSE Ice Bytes Games grants you, the Licensee, a non-exclusive license to the Days of Sail: Wind over Waters program on one hardware system at a time. 2) OTHER RIGHTS AND LIMITATIONS 2.1) You may not reverse engineer, de-compile, or disassemble the Days of Sail: Wind over Waters program. 2.2) The Days of Sail: Wind over Waters program is licensed as a single product. Its component parts may not be separated for use on more than one computer. 2.3) You may not rent or lease the Days of Sail: Wind over Waters program. 2.4) You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the Days of Sail: Wind over Waters program (including all component parts, any upgrades and this Agreement), and the recipient agrees to the terms of this Agreement. 2.5) Without prejudice to any other rights, Ice Bytes Games may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Days of Sail: Wind over Waters program and all of its component parts. 3) WARRANTY 3.1) Limited Warranty. Subject to any other provisions in this Agreement, Ice Bytes Games warrants to you the original licensee, that the media on which the Days of Sail: Wind over Waters program is recorded will be free of defects in material and workmanship under normal use for a period of ninety (90) days from purchase provided that your CDROM drive speed is not greater than 45 X, and that the Days of Sail: Wind over Waters program will perform substantially in accordance with the user guide for a period of ninety (90) days from purchase. Ice Bytes Games sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct any defects that are reported to it within the foregoing warranty period or (2) to replace the program. Ice Bytes Games does not warrant that the Days of Sail: Wind over Waters program will be error free, nor that all the program errors will be corrected. 3.2) Limitations on Remedies Ice Bytes Games liability in contract, tort or otherwise arising out of or in connection with the Days of Sail: Wind over Waters program, shall not exceed the purchase price of the Days of Sail: Wind over Waters program. IN NO EVENT SHALL ICE BYTES GAMES BE LIABLE FOR SPECIAL, INCIDENTAL TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE DAYS OF SAIL: WIND OVER WATERS PROGRAM. EVEN IF ICE BYTES GAMES HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES