PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. BY USING THE PROGRAM, YOU AGREE TO ABIDE BY THESE TERMS AND APPLICABLE COPYRIGHT LAWS. IF YOU DO NOT AGREE, PLEASE PROMPTLY RETURN THE PROGRAM FOR A FULL REFUND OF THE AMOUNT YOU PAID.
As between You and Mattel, Inc. or its subsidiaries or affiliates ("Mattel"), the Program is owned by Mattel, and is licensed to You, not sold.
The term "Program" means the original program and all whole or partial copies of it, including portions merged into other programs. The Program is copyrighted and includes executable code and audio/visual content (A/V Content). The term "A/V Content" means any image, text, recording, picture or other audio and/or visual work.
1. License. Mattel grants You a nonexclusive license for the Program.
A. Under this license You may:
1. use the Program on only one machine at any one time;
2. make one copy of the Program for backup purposes only; and
3. transfer all of Your license rights in the Program to another party if and only if (a) You transfer this License Agreement and all other documentation provided with the Program, and the complete unaltered Program to the other party, (b) You destroy all copies of the Program in your possession, and (c) the other party reads and agrees to be bound by the terms of this License Agreement. It is your responsibility to ensure that all of these conditions are met. The rights licensed to You under this License Agreement are then terminated with respect to You and transferred to the other party, who, in order to be a valid user of the Program is then subject to all of the terms and conditions of this License Agreement.
B. You must reproduce the copyright notice(s) and any other notice of ownership on each copy or partial copy of the Program.
C. You may not:
1. use, copy, or transfer the Program (including any A/V Content) except as provided in this License Agreement;
2. modify or adapt any A/V Content without the express written consent of Mattel or as permitted by law;
3. reverse assemble, reverse compile or otherwise reverse engineer or translate the Program or attempt to derive source code from the object code version of the Program (except as allowed by mandatory provisions, if any, of the jurisdiction in which You obtained this License);
4. sublicense, rent, or lease the Program;
5. remove any proprietary notices or labels in the Program;
6. sell any items made using this Program or use the Program as part of a service bureau;
7. use this Program on any network or download, upload or exhibit the Program via the Internet/World Wide Web/WebTV/satellite or any similar technology; or
8. use this Program in a country other than the country in which it was purchased.
2. General. Your license will terminate automatically (which means that all rights licensed to You under this License Agreement terminate) without notice from Mattel if You fail to comply with the terms of this License Agreement. In such event, You must destroy or disable all Your copies of the Program. You agree to comply with all applicable import and export laws and regulations. This License Agreement shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. The provisions of this License Agreement are severable; if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced or reenacted from time to time.
90 DAY LIMITED WARRANTY
Mattel, Inc. warrants to "You" (the original consumer purchaser) that, under normal use, the "Product" (including the software program and the CD-ROM disk on which the software program is recorded and the other items included in the package) will be free from defects in material and workmanship for ninety (90) days from the date of purchase (Your receipt shall be evidence of the date of purchase). This Limited Warranty does not cover damage resulting from accident, misuse, unauthorized modification, or other conduct or conditions outside the control of Mattel, Inc. or its subsidiaries or affiliates (collectively, "Mattel"). If defective, return all contents of this package (including but not limited to the CD-ROM disk, user guide, and all other components of this package), postage prepaid, along with proof of the date-of-purchase, within the ninety (90) day warranty period, for replacement or refund at Mattel's election, to Consumer Adjustment Center, 15930 E. Valley Boulevard, City of Industry, California 91744. Immediately upon Your receipt of any refund, Your license to use the Product (including the software program) is terminated. THE FOREGOING LIMITED WARRANTY IS THE SOLE WARRANTY PROVIDED IN CONNECTION WITH THE PRODUCT AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATTEL OR ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS, CONTRACTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. This Limited Warranty gives You specific legal rights; You may have other rights which vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above exclusions or limitations may not apply to You. In that event, or in the event that
federal law restrictions apply, such warranties are limited in duration to a period of ninety (90) days from the date of delivery of the Product to the original end user. No warranties apply after that period.
IN NO EVENT SHALL MATTEL'S LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON EXCEED THE PRICE PAID FOR THE PRODUCT, REGARDLESS OF ANY FORM OF THE CLAIM (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, PRODUCT LIABILITY OR NEGLIGENCE).
MATTEL AND ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS, CONTRACTORS AND EMPLOYEES (COLLECTIVELY, THE "MATTEL GROUP") WILL NOT BE LIABLE FOR ANY LOST DATA, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF MATTEL OR ANY OF THE MATTEL GROUP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
For inquiries regarding the Product, please contact Mattel, Inc. at 333 Continental Boulevard, El Segundo, California 90245.
