Active Ball 1.1

LICENSE AGREEMENT for Software distributed by Activekitten LLC.

Copyright (c) 2005, programming and design by Dmitry Yakimov

Activekitten IS WILLING TO LICENSE SOFTWARE PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT WITHIN 30 DAYS OF THE DATE OF PURCHASE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.

LICENSE AGREEMENT for Software distributed by Activekitten LLC.

Copyright (c) 2005, programming and design by Dmitry Yakimov

Activekitten IS WILLING TO LICENSE SOFTWARE PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT WITHIN 30 DAYS OF THE DATE OF PURCHASE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.

1. Definitions. The software in binary form (hereafter "Software") is provided to you subject to Activekitten's copyrights and other intellectual property rights.

2. License Grant and Notices. Activekitten and its licensors retain exclusive distribution ownership of the Software. Activekitten hereby grants to you ("you") a personal, non-exclusive license to use the number of copies of the Software equal to the number of licenses you have purchased, and to make a single copy of the Software for archive purposes. No license is granted to you for any other purpose. The above license is subject to all terms of this Agreement including, without limitation:

- you agree not to reverse engineer, disassemble or

modify the Software and its parts;

- you agree not to remove, alter or obscure proprietary

notices of Activekitten or its suppliers;

- you agree not to use Activekitten's or Activekitten's suppliers' name,

logos or trademarks except as necessary to affix

the appropriate copyright notices required in this Agreement;

- you agree not to publish the software, its parts, screen-shots

of the software interface, if you have no permission from Activekitten;

3. Transfer Restrictions. You may permanently transfer the right to use any licensed copy of the Software and all licenses and rights in that copy of the Software granted to you under this Agreement to a third party provided that:

- such transferee agrees to accept the terms and conditions

of this Agreement, and

- you transfer all Software to such transferee and retain

no copies. Except as provided in this Section, you may not

transfer or assign this Agreement or any of your rights

or obligations under this Agreement, in whole or in part.

5. Enforcement Of Terms; Termination. If you fail to fulfill any of your material obligations under this Agreement, Activekitten and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Activekitten may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you hereunder. You agree that Activekitten's licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You further agree that, if Activekitten terminates this Agreement for your default, you will, within thirty (30) days after any such termination, deliver to Activekitten or render unusable all Software originally provided to you hereunder and any copies thereof embodied in any medium.

8. Limited Warranty. Activekitten warrants that the media containing the Software, if provided by Activekitten, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Your sole remedy, for any breach of this warranty shall be, in Activekitten's sole discretion:

- to replace your defective media;

- if the above remedy is impracticable, to refund the license fee you paid for the Software. Replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software. You must inform Activekitten of a defect in media during the applicable warranty period and provide evidence of the date you acquired the Software for this warranty to be effective.

APART FROM THE FOREGOING, Activekitten MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

9. Limitation Of Liability. IN NO EVENT SHALL Activekitten OR IT LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT Activekitten HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Activekitten'S LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEE FOR THE SOFTWARE PROVIDED UNDER THIS AGREEMENT. This provision shall survive the expiration or termination of this Agreement.

10. Laws Governing Warranties And Liability. The law(s) of a jurisdiction may define the scope of warranty to be provided for products or the manner in which a supplier's liability may be limited, and such law(s) shall govern this Agreement only to the extent a party protected by such law(s) cannot waive the protection thereof by contract.

11. Complete Agreement. This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and Activekitten relating to the Software or the terms of its license to you, and may only be modified by written amendment signed by you and Activekitten.

(c) Activekitten. 2005

http://www.activekitten.com

support@activekitten.com