[projectaon] Proposed draft of ROM distribution legalese
- From: "Jonathan Blake" <blake.jon@xxxxxxxxx>
- To: "Project Aon List" <projectaon@xxxxxxxxxxxxx>
- Date: Wed, 5 Apr 2006 13:39:36 -0700
The following is a rough draft of a notice to appear with the ROMs
Simon proposes to distribute. Anyone have thoughts or suggestions?
~~~~~~~~~~
5 April 2006
Project Aon is distributing these files (those found in the archive
containing this notice) in good faith with the understanding that it
is lawful to do so. Efforts have been made to verify the correctness
of this understanding.
PROJECT AON WILL IMMEDIATELY CEASE DISTRIBUTION OF ANY OF THESE FILES
IF THE COPYRIGHT HOLDERS REQUEST IT.
PROJECT AON DISTRIBUTES THESE FILES FOR THE SOLE PURPOSE OF THE
PERSONAL USE OF THE RECIPIENT. PROJECT AON NEITHER SUGGESTS NOR
CONDONES THE SUBSEQUENT REDISTRIBUTION OF THESE FILES BY ANY PARTY WHO
ACCESSES THEM FROM THE PROJECT AON INTERNET SITE.
These files are electronic copies of the following software titles:
Flight from the Dark & Fire on the Water (1984)
Written by: Five Ways Software
Published By: Hutchinson Computer Publishing
Neither Five Ways Software nor Hutchinson Computer Publishing
currently exists. Project Aon is unable to determine who currently
holds the copyrights for these titles, or further, if a copyright
holder exists.
The Mirror of Death (1991)
Written by: Mr Micro
Published by: Audiogenic
Audiogenic has ignored all attempts at correspondence by those
interested in distributing Audiogenic's titles which are no longer
available for purchase. Further, Audiogenic is no longer involved in
the computer games industry and has not sought to protect its
copyrights against the distribution of similar titles by other
individuals.
None of these titles distributed by Project Aon are currently
available for purchase from their copyright holders. Our distribution
should, therefore, have negligible financial impact on the sales of
these products as said sale are nonexistent.
THE ACT OF DISTRIBUTION WAS INITIATED BY PROJECT AON WITHOUT THE
DIRECTION, CONSENT, OR KNOWLEDGE OF ANY THIRD PARTY (INCLUDING IN PART
JOE DEVER AND THE COMPANY WHO PROVIDES WEB HOSTING TO PROJECT AON).
PROJECT AON HEREBY INDEMNIFIES ALL SUCH THIRD PARTIES AGAINST ANY
LIABILITY THAT MAY ARISE FROM THE ACT OF DISTRIBUTING THESE FILES.
THERE IS NO WARRANTY FOR THESE FILES, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, PROJECT AON
PROVIDES THESE FILES "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE FILES IS
WITH THE RECIPIENT. SHOULD THESE FILES PROVE DEFECTIVE, THE RECIPIENT
ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL PROJECT AON BE LIABLE TO THE RECIPIENT FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
THE RECIPIENT OR THIRD PARTIES OR A FAILURE OF THE FILES TO OPERATE
WITH ANY PROGRAMS), EVEN IF PROJECT AON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
~~~~~~~~~~
--
Jon
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