Software License for Topaz

SOFTWARE END USER LICENSE AGREEMENT: PUBLIC REDISTRIBUTION NOT PERMITTED

This License Agreement sets forth the terms and conditions of your use of the accompanying software. By using the software, you consent to the terms of this License Agreement.

OWNERSHIP. This is a license agreement and NOT an agreement for sale. The members of the Vista Map Cartel (the “Members” shall be meant to include any and all members of the group of people which make of the Vista Map Cartel at the time of the distribution of this software) continue to own the copy of the computer programs, documentation, data, and other content transmitted to you, and all other copies that you are authorized by this Agreement to make (the “Software”). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under U.S. or international copyright law or any other federal or state law.

LICENSE GRANT. The Members (hereinafter, the "Licensor") grant you, (hereinafter, the "User") a free, non-exclusive license for use of the above named software product (hereinafter, the "Software") and the accompanying documentation (hereinafter. The "Documentation").

LIMITATION ON DISTRIBUTION. Unless you obtain prior written consent from Licensor stating otherwise, LICENSOR DOES NOT GRANT PERMISSION TO PUBLICLY DISTRIBUTE THE SOFTWARE OR THE DOCUMENTATION IN ANY FORM, including but not limited to, electronic information service distribution, whether by the Internet or any other means, bulletin board distribution, and magnetic or optical medium distribution.

LIMITATION ON USE. With respect to the Software, you may not: modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software or the Documentation; rent, lease, grant a security interest in, or otherwise transfer rights to the Software or the Documentation; or remove or alter any Trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or the Documentation, or in copies you have made of the Software or the Documentation.

LIMITATION OF LIABILITY. Licensor’s liability to User for any losses shall be limited to direct damages and shall not exceed the amount you originally paid for the software. Licensor is not responsible for any damage to the User's computer system or data and in no event will Licensor, his agents or affiliates be responsible to the User or any other person for any consequential, special, incidental, or indirect damages (including, without limitation, damages for loss of goodwill, loss of business profits, business work stoppage, loss of business information, computer failure or malfunction, or any and all other commercial damages or losses) arising out of the use or inability to use the Software, even if Licensor has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

DISCLAIMER OF WARRANTY. This disclaimer of warranty constitutes an essential part of this License Agreement. No use of the Software is authorized hereunder except under this Disclaimer. The Software and the Documentation are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software or the Documentation is borne by you. Should the Software prove defective in any respect, you and not Licensor or his agents or affiliates assume the entire cost of any service and repair.

LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO AGENT OR AFFILIATE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.

TITLE. Title, ownership rights, and intellectual property rights in the Software and the Documentation shall remain in Licensor. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor's ownership of or rights with respect to the Software and the Documentation. The Software and the Documentation are protected by copyright and other intellectual property laws and by international treaties.

CANADIAN TRANSACTIONS: If the User acquired this Software in Canada, the User agrees to the following:

The parties hereto have expressly required that the present Agreement and its Exhibits be drawn up in the English language./ Les parties aux presentes ont expressement exige que la presente convention et ses Annexes soient redigees en langue anglaise.

TERMINATION. This Agreement is effective until terminated. User may terminate this Agreement at any time by destroying all copies of the Software in User’s possession or by returning all such copies to Licensor. This Agreement and User’s right to use this Software automatically terminate if the User fails to comply with any material provision of this Agreement. This license to use this Software also terminates if the User assigns this Agreement to someone else. Upon termination, the User must stop all use of the Software and must destroy any copies that remain in the User’s possession. Otherwise, the restrictions on the User’s rights to use the Software will end upon expiration of the copyright to the Software.

MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

LIMITATION OF RIGHTS. The Vista Map Cartel and its Member recognize the pre-existing rights and responsibilities of Bungie Software Products Corporation (“Bungie”). All appropriate graphics © 1997-1999, All Rights Reserved. Bungie Software Products Corporation. Portions of the Software made with Fear and/or Loathing and/or other Bungie products, tools or generally published documentation remain under the prior license agreements for the use of those software products. Myth: The Fallen Lords, Myth II: Soulblighter, Fear, and Loathing © 1996-1999. All Rights Reserved. Bungie Software Products Corporation.

If you have any question concerning the above License, including questions regarding distribution of the Software, please contact the members of the Vista Map Cartel at http://www.vista.i-craft.net and/or Bungie Software Products Corporation at http://www.bungie.com.