End User Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THIS SOFTWARE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT PROCEED TO DOWNLOAED, COPY, INSTALL OR USE ALL OR ANY PORTION OF THIS SOFTWARE, IN WHICH CASE IF YOU ALREADY PURCHASED THIS SOFTWARE YOU MAY EITHER: (A) RETURN THIS SOFTWARE ALONG WITH PROOF OF PAYMENT TO THE PLACE YOU PURCHASED IT FOR A REFUND; OR (B) IF YOU PURCHASED THIS SOFTWARE DIRECTLY FROM THE MANUFACTURER'S WEBSITE AT WWW.INKWELLIDEAS.COM, YOU MAY FOLLOW THE RETURN INSTRUCTIONS ON SAID WEBSITE FOR A REFUND.
1. AGREEMENT. This End User Software License Agreement (referred to as 'Agreement') is made and entered into between a person, or an entity created by law, who is an initial or successor end user of this Software (referred to as 'You') and Inkwell Ideas, Inc., a corporation created under the laws of the Commonwealth of Virginia (referred to as 'Inkwell'), in consideration of the mutual obligations described in this Agreement. The date of this Agreement shall be the date when You first downloaded, copied, installed or used this Software.
2. SOFTWARE. In this Agreement the word 'Software' shall mean: 
(a) all of the information with which this Agreement is provided, including but not limited to: (i) Inkwell and bundled third party software code, files and other computer information whether fully or partially operational; (ii) sample and stock photographs, textual works, images, sounds, clip art and other artistic and written works bundled with Inkwell and third party software code, files and other computer information, and (iii) related explanatory written materials and files; 
(b) copies of, and upgrades, updates, patches and additions to, such information provided to You, and 
(c) information that collectively may have registered and unregistered trade names and marks including but not limited to Worldographer(TM), Hexographer(TM), Cityographer(TM), and Dungeonographer(TM).
3. OWNERSHIP. This Software, together with any and all associated intellectual property rights, is owned by Inkwell. This Software is licensed, not sold, to You; and Inkwell reserves all rights not expressly granted to You in this Agreement. You own the media on which the Software is recorded, but Inkwell retains ownership of the Software itself. By this Agreement You acknowledge and agree to comply with all provisions of applicable copyright, trademark, intellectual property, export control, and other laws in the United States, and treaties to which the United States is obligated, that preserve and protect Inkwell's ownership and rights in connection with this Software.
4. LICENSE. If You purchased a code which activates a fully operational version of this Software, then You have a non-exclusive right to use this Software (referred to as 'License') in perpetuity during which You may (i) install and use this software on up to three computers or devices owned by You whether they be networked together or not; (ii) copy or transfer this Software from one computer or device owned by You to another computer or device owned by You, provided that after the transfer you uninstall this Software such that this Software is installed and usable on no more than three computers or devices owned by You; and (iii) copy or transfer this Software on up to three devices used exclusively for archival, backup and disaster recovery purposes.
5. LIMITED TERM. If You purchased a code which activates a fully operational version of this Software for a specific period of time (referred to as 'Term'), then the License granted to You by this Agreement shall only be for such Term; and upon the expiration of such Term this Software shall be automatically disabled; provided that the terms and conditions of this Agreement shall survive the expiration of such Term, and further provided that You may purchase and use a code which can re-activate this Software on either an unlimited or Term basis.
6. TRIAL VERSION. If You download, copy, install or use a trial version of this Software, which may be limited in one or more ways including but not limited to being partially operational or having a Term, then the License granted to You by this Agreement shall be subject to all the terms and conditions of this Agreement and You shall not have the right to use any feature or part of this Software that has been disabled nor use this Software after the Term has expired, provided that the terms and conditions of this Agreement shall survive the expiration of such Term.
7. PERMITTED USE. You may, subject to all the terms and conditions of this Agreement, including but not limited to the restrictions contained in Section 8 of this Agreement, use the Software, including the map icons included therein, to create original maps for publication in books, games or other media; Inkwell requires that you include in such books, games or other media a citation adjacent to or on the corner of the map that such maps were created using this Software, including reference to the appropriate registered and unregistered trade names and marks associated with this Software. "Map made using Worldographertm" is a typical attribution.
8. RESTRICTIONS. You may not, nor allow any third party to, violate any of the terms and conditions of this Agreement, including the following restrictions: 
(a) You may only use this Software to legally reproduce materials, and therefore this License only grants You authority to reproduce non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce; 
(b) You may not modify, translate, adapt, alter, or create derivative works from this Software; 
(c) You may not merge this Software with any other software or documentation; 
(d) You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of this Software; 
(e) YOU MAY NOT SELL, DISTRIBUTE, SUBLICENSE, RENT, LEASE, LEND, GIVE OR OTHERWISE TRANSFER THIS LICENSE, THIS SOFTWARE OR ANY CODE DESIGNED TO ACTIVATE THIS SOFTWARE, TO ANY PERSON OR ENTITY CREATED BY LAW; and 
(f) You may not copy, or allow others to copy, this Software for any use other than those expressly permitted by this Agreement.
9. TERMINATION. Your rights under this License will terminate automatically without notice form Inkwell if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this License you shall cease all use of this Software and destroy all copies, full or partial, of this Software.
10. LIMITED WARRANTY ON MEDIA. If you purchased this Software on media, Inkwell warrants the media on which this Software is recorded and delivered to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of the original retail purchase. Your exclusive remedy under this Section shall be, at Inkwell's option, a refund of the purchase price or the replacement of this Software. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTEES ON THE MEDIA INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGNIAL RETAIL PURCHASE. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLEY ACKNOWLEGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THIS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY FOR THE MEDIA SET FORTH IN SECTION 9 ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED 'AS IS,' WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INKWELL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUATORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGMENT OF THIRD PARTY RIGHTS. INKWELL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THIS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS SOFTWARE WILL BE CORRECTED.
12. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL INKWELL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF INKWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INKWELL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. GOVERNMENT END USERS. This Software is within the definitions of 'Commercial Items,' 'Commercial Computer Software' and 'Commercial Computer Software Documentation' as such terms are used in United States federal law, and therefore this Software shall only be licensed to United States government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.
14. PATENT AND COPYRIGHT INDEMNITY. Inkwell shall have no liability for any claim of infringement based on any computer code within this Software which was not created by Inkwell; or on the combination, operation or use of this Software with programs or data not furnished by Inkwell. In the event this Software is enjoined or otherwise restricted by a court of competent jurisdiction, Inkwell shall have the option, at its expense, to: 
(a) modify this Software to cause it to become non-infringing; 
(b) obtain for You a license to continue using this Software; 
(c) substitute all or part of this Software with other reasonably comparable Software; or 
(d) terminate this License.
15. SUPPORT. At any time and without notice to You, Inkwell has the right under this Agreement to cease technical or other support of this Software; and in connection with any future Term extensions, upgrades, updates, patches or additions to this Software, Inkwell has the right to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of this Software.
16. ENTIRE AGREEMENT. This Agreement, including any addendum or amendment to this Agreement which is included with any Term extensions, upgrades, updates, patches or additions to this Software, is the entire agreement between You and Inkwell relating to this Software, and together they supersede all prior or contemporaneous oral or written communications, advertisements, proposals, and representations with respect to this Software or any other subject matter covered by this Agreement.
17. SEVERABILITY. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Any incidence of waiver or breech by Inkwell of any term or condition of this Agreement shall not constitute a waiver of the same or any other of the terms and conditions of this Agreement. All terms and conditions of this Agreement survive any expiration of the Term of this Agreement or any other termination of this Agreement.
18. NOTICES. All warranty or other matters regarding this Agreement and the License granted hereunder shall be addressed to Inkwell Ideas, Inc., 23124 Red Admiral Place, Brambleton, VA 20148.
19. ASSIGNMENT. Inkwell may assign any and all of Inkwell's rights, duties and obligations under this Agreement to a third party at any time without notice to You.
20. GOVERNING LAW. This Agreement, together with the License and the limitations of warranties contained herein, shall be governed by the laws of the Commonwealth of Virginia in the United States of America.
21. JURISDICTION. The federal and state courts located in the Commonwealth of Virginia in the United States of America shall have exclusive jurisdiction over any disputes between You and Inkwell arising out of this Agreement or pertaining to the subject matter hereof.