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Eric

End User License Agreements

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A couple of game magazines want to include my demo on their "covermount" CDs, so I thought I should get my crap together regarding an EULA. The demo is freeware; I want it to be freely distributable as long as it remains intact. Also, I don''t want to be responsible if my program blows up the user''s monitor or whatever. Anyway, I was hoping a short little paragraph would suffice, but all I''ve found are huge, 14-paragraph agreements that seem like overkill in my case. Any suggestions on this? Can anyone maybe point me towards a template form I can use?

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There''s no certain guide line you must follow, although it may look a wee little bit unprofessional if not done appropriately.

You pretty much just have to say is this programe can be freely distributed as long as everything stay''s intact and that you will take no responsability for what ever may happen etc etc, and anything else you''d like to add.

Take a look at microsoft''s then make your own "cut-down" version.

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I''ve been using the same "Disclaimer of Warranty" for the past 4 years with only minor modifications...I''ve pasted it below (copied from the Artifact "Terms of Service"):

9. Limited Warranty; Limitation of Remedies. THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAMU GAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL SAMU GAMES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, EVEN IF SAMU GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL SAMU GAMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE STANDARD MEMBERSHIP FEE(S) FOR THE SERVICE. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.



DavidRM
Samu Games

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