Please read this License carefully before using the game (the "Multimedia Product").
This License is an agreement between you, the "User", and Cecilia Dart-Thornton ("Licensor") which grants the User the non-exclusive and non-transferable right to use the Multimedia Product.
By using the Multimedia Product, the User is agreeing to all the terms and conditions of the License. If you do not agree to all the terms of this License, you have no right to use the Multimedia Product and must uninstall it immediately.
1- The License
Licensor grants the User a non-exclusive and non-transferable License to use the Multimedia Product, but remains the owner of all the rights relating thereto.
Any rights not specifically transferred by this License remain the property of Licensor and/or its licensees.
The Multimedia Product is licensed and not sold to the User.
The License does not confer any right or title to the Multimedia Product and is not a transfer of copyright or any other intellectual property right to the Multimedia Product.
2- Ownership of the Multimedia Product
The User acknowledges that all of the rights associated with the Multimedia Product and its components (including, without limitation, the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Multimedia Product), as well as the rights relating to the trademark, royalties and copyrights, are the property of Licensor and/or its licensors and are protected by national laws and regulations, as well as treaties and international agreements concerning intellectual property.
3- Use of the Multimedia Product
The User is authorized to use the Multimedia Product only in accordance with the instructions provided in the manual or on the packaging of the Multimedia Product (if any) and the terms of this License.
The License is granted solely for private use.
The User expressly agrees that he/she shall not:
- Make copies of the Multimedia Product,
- Operate the Multimedia Product commercially,
- Use it in a manner which is contrary to any applicable law, regulation or
rule of any governmental or quasi-governmental body,
- Modify the Multimedia Product or create any derivative work,
- Transmit the Multimedia Product via a telephone network, cable or any
other electronic means,
- Broadcast or publicly perform the Multimedia Product,
- Create or distribute unauthorized levels and/or scenarios based on the
Multimedia Product,
- Decompile, reverse engineer or disassemble the Multimedia Product, or
- Authorize or permit any third party to do any of the foregoing.
The User cannot sell, sublicense or lease the Multimedia Product to a third party.
The User can only transfer the Multimedia Product if the recipient agrees to all terms and conditions of this License. In such event, the User agrees to transfer all components and documentation relating to the Multimedia Product, and to delete any copy of the Multimedia Product from his computer.
Upon such transfer and deletion, this License is automatically and immediately terminated with the User and the transferee shall be considered the User for all purposes under this License.
4- Termination of the License
The License is effective immediately upon use of the Multimedia Product.
The License shall terminate automatically without notice if the User fails to adhere to all the terms and conditions hereof.
5. DISCLAIMERS
THE MULTIMEDIA PRODUCT IS PROVIDED ON AN "AS-IS" BASIS, AND ITS USE IS AT YOUR SOLE RISK. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF NONINFRINGEMENT; THAT USE OF THE MULTIMEDIA PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE MULTIMEDIA PRODUCT WILL BE VIRUS-FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM INSTALLATION OR USE OF THE MULTIMEDIA PRODUCT.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES AS WRITTEN ABOVE, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER LICENSOR NOR TOM DOHERTY ASSOCIATES, LLC OR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS MULTIMEDIA PRODUCT.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE MULTIMEDIA PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Indemnification
You agree to indemnify, defend and hold harmless Licensor and Tom Doherty and Associates, LLC and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of this License or any third-party claim arising from or related to your use of the Multimedia Product.
