Simon Says Blackjack

License Agreement:

ACCIDENTAL SOFTWARE
END USER LICENSE AGREEMENT

Software License for Simon Says Blackjack

IMPORTANT -- READ CAREFULLY: This License Agreement for the software you are about to

install is a legal agreement between you (either an individual or an entity) and Accidental

Software. By installing, copying,playing or otherwise using the Game, you agree to be

bound by the terms of this License Agreement. If you do not agree to the terms of this

License Agreement, do not install the Game.

EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL

VERSIONS OF THE GAME, INCLUDING VERSIONS DOWNLOADED OR ACQUIRED WITHOUT CHARGE

("SHAREWARE"), FULL VERSIONS FOR WHICH A FEE IS CHARGED, AND ANY LICENSE KEYS IF APPLICABLE.

THE SHAREWARE VERSION OF THIS GAME MAY CONTAIN USE, FEATURE OR TIME LIMITATIONS. IN ORDER

TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE GAME BY REGISTERING.

The shareware version of this game may be freely distributed and used by any person, but may

not be sold without prior permission from Accidental Software.


1. GRANT OF LICENSE. Accidental Software hereby grants to you a non-exclusive license

to use the Game and Documentation, provided you may: (i) use the registered version of this

game on any single computer; (ii) use the registered version of this game on a second

computer so long as the first and second computers are not used simultaneously; (iii) copy

the Game for back-up, archival purposes provided any copy must contain all of the original

Game`s proprietary notices.

2. LICENSE RESTRICTIONS.

a) You may not: (i) permit other individuals to use the Game except under the terms

listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to

the extent that this restriction is expressly prohibited by law) or create derivative works

based upon the Game or Documentation; (iii) copy the Game or Documentation (except for

back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to

the Game or Documentation; or (v) remove any proprietary notices or labels on the Game or

Documentation.

b) You agree that you shall only use the Game and Documentation in a manner that complies

with all applicable laws in the jurisdiction in which you use the Game and Documentation,

including, but not limited to, applicable restrictions concerning copyright and other

intellectual property rights.

c) The Game is for private use only. You may not use or display this Game for any

commercial purpose.

d) You may distribute only the Shareware version of this Game to third parties. You may not

distribute any other version of this Game, or any applicable license keys, to any third

party.

3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first copy of the Game

electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second

copy may be used for archival purposes only and may not be transferred to or used by any

other person. This license does not grant you any right to any enhancement or update.

4. TITLE. Title, ownership, rights, and intellectual property rights in and to the

Game and Documentation shall remain in Accidental Software and/or its suppliers. The Game

is protected by the copyright laws of the United States and international copyright

treaties. Title, ownership rights and intellectual property rights in and to the content

accessed through the Game including any content contained in the Game media demonstration

files shall be retained by the applicable content owner and may be protected by applicable

copyright or other law. This license gives you no rights to such content.

5. DISCLAIMER OF WARRANTY: THE GAME AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT

WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCIDENTAL

SOFTWARE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE

ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE GAME AND DOCUMENTATION REMAINS WITH

YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCIDENTAL

SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,

PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY

LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE GAME, EVEN IF

ACCIDENTAL SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCIDENTAL

SOFTWARE`S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES IS LIMITED TO THE

FEES YOU PAID FOR THIS GAME. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION

OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY

NOT APPLY TO YOU.

6. TERMINATION: This License Agreement shall terminate automatically if you fail to

comply with the limitations described in this license. No notice shall be required from

Accidental Software to effectuate such termination. Upon termination, you must destroy all

copies of the Game and Documentation.

7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: U.S. GOVERNMENT

RESTRICTED RIGHTS: This Game and Documentation may be provided with RESTRICTED RIGHTS.

Use, duplication or disclosure by the Government is subject to restrictions set forth in

sub paragraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR

52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and

Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR

supplement, as applicable. Manufacturer is Accidental Software, 13245 Skiomah Rd, Apple

Valley, CA 92308. You are responsible for complying with all trade regulations and laws

both foreign and domestic. You acknowledge that none of the Game or underlying information

or technology may be downloaded or otherwise exported or re-exported (i) into (or to a

national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other

country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department`s list

of Specially Designated Nationals or the U.S. Commerce Department`s Denied Parties List or

Entity List. By using the Game you are agreeing to the foregoing and are representing and

warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export

privileges, (ii) you are not located in or under the control of a national or resident of

any such country or on any such list, and (iii) you will not export or re-export the Game to

any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S.

export controls.

8. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive

agreement between us. The terms and conditions contained in this License Agreement may not

be modified except in a writing duly signed by you and an authorized representative of

Accidental Software. If any provision of this License Agreement is held to be unenforceable

for any reason, such provision shall be reformed only to the extent necessary to make it

enforceable, and such decision shall not affect the enforce ability of such provision under

other circumstances, or of the remaining provisions hereof under all circumstances. This

License Agreement shall be governed by the laws of the State of Washington, without regard

to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the

state and federal courts sitting in the State of California. Any and all unresolved

disputes arising under this License Agreement shall be submitted to arbitration in the State

of California; except that, to the extent that you have breached or have indicated your

intention to breach this License Agreement in any manner which may cause continuing or

irreparable harm to Accidental Software (including, but not limited to, any breach that may

impact Accidental Software`s intellectual property rights, or a breach by reverse

engineering), Accidental Software may seek injunctive relief, or any other appropriate

relief, in any court of competent jurisdiction. Any arbitration of a dispute under this

Agreement shall be conducted under the rules then prevailing of the American Arbitration

Association. The arbitrator`s award shall be binding and may be entered as a judgment in

any court of competent jurisdiction. This License Agreement will not be governed by the

United Nations Convention of Contracts for the International Sale of Goods, the application

of which is hereby expressly excluded.

Copyright (c) 2003 Accidental Software and/or its suppliers. 13245 Skiomah Rd, Apple

Valley, Ca. U.S.A. All rights reserved. All trademarks are the property of their

respective owners.