Twisted Pine Software License Agreement

WinGenius Game Series

This is a legal agreement between you (either an individual or an entity), the end user, and Twisted Pine Software Corporation.  If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.

TWISTED PINE SOFTWARE CORPORATION SOFTWARE LICENSE
1.  GRANT OF LICENSE.  This Twisted Pine Software License Agreement ("License") permits you to use one copy of the specified version of the Twisted Pine Software, software product identified above ("SOFTWARE") on any single computer, provided the SOFTWARE is in use on only one computer at any time.  If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses.  The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".  If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of
Licenses.  If the SOFTWARE is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.

2.  COPYRIGHT.  The SOFTWARE is owned by Twisted Pine Software or its suppliers and is protected by United States copyright laws and international treaty provisions.  Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording) except that, once you have installed the original disk, you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.  You may not copy the written materials accompanying the SOFTWARE.

3.  OTHER RESTRICTIONS.  This Twisted Pine Software License Agreement is your proof of license to exercise the rights granted herein and must be retained by you.  You may not rent or lease the SOFTWARE, but you may transfer your rights under this Twisted Pine Software License Agreement on a permanent basis provided you transfer this License Agreement, the SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement.  You may not extract resources (e.g. icons or bitmaps) from, reverse engineer, decompile, or disassemble the SOFTWARE.  Any transfer of the SOFTWARE must include the most recent update and all prior versions.

4.  DUAL MEDIA SOFTWARE.  If the SOFTWARE package contains both 3.5-inch and 5.25-inch disks, then you may use only the disks appropriate for your single designated computer or network server.  You may not use the other disks on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use as expressly permitted by this Twisted Pine Software License Agreement.

LIMITED WARRANTY.  Twisted Pine Software warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt; and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt.  Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year, respectively.  Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES.  Twisted Pine Software's entire liability and your exclusive remedy shall be, at Twisted Pine Software's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE or hardware that does not meet Twisted Pine Software's Limited Warranty and that is returned to Twisted Pine Software with a copy of you receipt.  This Limited Warranty is void if failure of the SOFTWARE or hardware had resulted from accident, abuse, or misapplication.  Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  Neither these remedies nor any product support services offered by Twisted Pine Software are available for this U.S.A. version product outside of the United States of America.

NO OTHER WARRANTIES.  Twisted Pine Software disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware.  This limited warranty gives you specific legal rights.  You may have others, which vary from state to state.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  In no event shall Twisted Pine Software or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Twisted Pine Software product, even if Twisted Pine Software has been advised of the possibility of such damages.  Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.  Contractor/manufacturer is Pinnacle Software / Box 714 / Airport Road / Swanton, VT 05488.

This Agreement is governed by the laws of the State of Minnesota.

For more information about Twisted Pine Software's licensing policies, please write Pinnacle Customer Service at: Pinnacle Software Customer Sales and Service / Box 714 / Airport Road / Swanton, VT 05488.
