CACTUS LEAGUE GAMES INC.
SOFTWARE LICENSE AGREEMENT WITH END USER

This legal document is an agreement between you, the end user, and Cactus League Games Inc. By ordering a Cactus League product, you are agreeing to become bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not order Cactus League products.

License
Pursuant to this agreement, you may: (a) use a single copy of the program on a single computer; (b) copy the program into any computer-readable or printed form for backup or modification purposes in support of your use of the program on the single computer; and (c) transfer the program and license to another party if the other party agrees to accept the terms and conditions of this Agreement.

If you transfer the program, you must at the same time either transfer all copies whether in printed or computer-readable form to the same party or destroy any copies not transferred, including all modifications and portions of the program contained or merged into other programs.

You may not use, copy, modify, or transfer the program, or any copy, modification, or merged portion in whole or in part, except as expressly permitted by this Agreement. If you transfer possession of any copy, modification, or merged portion of the program to another party, your license is automatically terminated and you must destroy all copies that remain in your possession or transfer them to the party who acquired the other copy(ies).

Term
The license is in effect until terminated. You may terminate it at any other time by destroying the program together with all copies, modifications, and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with all copies, modifications, and merged portions in any form.

Limited Warranty and Remedies
Cactus League Games Inc. warrants the diskette(s) on which the program is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. This warranty is limited to you and is not transferable with the program. All returns of warranted diskettes must be delivered to Cactus League Games Inc., Inc., 8760A Research Blvd., Suite 258, Austin, Texas 78758-6420 together with written explanation of the suspected defect. You are responsible for the cost of shipping and insuring the full value of any diskettes returned to Cactus League Games Inc. You bear the risk of loss, damage, and misplacement of diskettes you return to Cactus League Games Inc. COD packages are not accepted. A restocking fee may be assessed. The foregoing warranty does not extend to any diskette that has been damaged as a result of accident, misuse, abuse, or as a result of service or modification by anyone other than Cactus League Games Inc.

Except as expressly set forth above, no other warranties, either expressed or implied, are made with respect to this program, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and Cactus League Games Inc. expressly disclaims all warranties not stated herein. You assume the entire risk as to the quality and performance of the program. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. 

"Guaranteed Next Day" delivery is for next business day. "Guaranteed 2nd Day Delivery is for second business day. Cactus League Games Inc. does not promise or guarantee delivery dates and is, in no way, responsible for delivery delays. There are absolutely no refunds on ancillary products, Team Disks, following trial period, if a Registration Code has been obtained, if the CD or diskettes have been installed, on Demo CDs, on non-copy-protected software, or if indicated on invoice, confirmation e-mail message, or order form. 

One hour download and e-mail guarantee after customer e-mail confirmation of order applies to Internet orders confirmed between 8AM-9PM  Central Time, that are fully approved, in a timely fashion, by the appropriate credit card processing company. Because of the inherent instability of the Internet, we are unable to guarantee when you will receive the e-mail messages. But, it is our experience that, with a reliable Internet Service Provider, the vast majority of customers receive our e-mail messages within a matter of minutes. This guarantee does not apply to orders with incomplete entries, information that cannot be verified with the customer's bank, orders submitted with a credit card that is not accepted for any reason by the issuing bank, or to orders charged using a credit card issued by a non-United States banking institution. There is no guarantee or remedy if e-mail delivery is not made within this time frame.

E-mail delivery or downloading of products will not be available if the cardholder's bank is unable to verify all information provided, for any reason.

Two Registration Codes are included in the price charged for "Download only" products. This allows you to download and install the product on two different computers. Additional codes are available for an additional fee. The product CD does not require Registration Codes and can be installed on all of your computers.

A fee will be charged for any check presented for payment by a customer that is returned unpaid by the bank and any credit card order that is declined, for any reason, by the bank.

A cancellation fee will be charged for canceling a Cactus League Professional Basketball Real-Time subscription before it has expired, not to exceed the remaining payments due. While Cactus will make every effort to deliver e-mail subscriptions on a timely basis, they will not be responsible for delivery delays or lost e-mail, of any kind, in any way.

A cancellation or restocking fee will be charged for canceling an order for any reason.

Special discount offers are valid for items sold at full price only. Only one special offer can apply per purchase.

There are no returns or refunds on Internet orders or orders paid via PayPal.

It is the customer's responsibility to have a reliable Internet connection and e-mail delivery service. The Internet is inherently unstable and cannot be relied upon for timely delivery of information. There will be no refund for delayed or missing deliveries of any kind. Most free e-mail accounts offer very limited storage space and may not have enough available to accommodate e-mail delivery files. Rejected e-mail messages returned to Cactus will be resent once without further charge. If you think you will have a problem with available storage space in your e-mail account, we recommend that you obtain a real account with a high amount or unlimited storage and/or upgrade to the products diskettes or CD.

Cactus League Games Inc. and its suppliers do not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error-free. You also assume responsibility for the selection of the program to achieve your intended results, and for the installation, use, and results obtained from the program. Your sole remedies and Cactus League Games Inc. and its suppliers' entire liability are set forth above. In no event will Cactus League Games Inc. or its suppliers be liable to you or any other person for damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of the use of or inability to use the program.

You may not charge a fee of any kind for using this program or its accessories in any way, unless all participants are required to own all Cactus League copyrighted items used. You will be required to provide to Cactus a complete listing of names, addresses, and phone number of all participants, as well as total access to all game related materials.

Some states do not allow the above limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

U.S. Government Restricted Rights
The program and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Cactus League Games Inc., Inc., 8760A Research Blvd., Suite 258, Austin, Texas 78758-6420.

General
You may not sublicense, assign, or transfer the license of the program except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is null and void.

This agreement is governed by the Laws of the State of Texas.