1. License. The Legacy Interactive software, documentation and any fonts accompanying this License whether on disc, in read-only memory, on any other media or in any other form (the "Legacy software") are licensed to you by Legacy Interactive, Inc. or its local subsidiary, if any ("Legacy"). You own the media on which the Legacy software is recorded but Legacy and/or LegacyÆs licensor(s) retain title to the Legacy software. The Legacy software in this package and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the Legacy software on a single computer at a time. This License does not allow the Legacy software to exist on more than one computer at a time. You may make one copy of the Legacy software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Legacy software in whole or part, or transmit the Legacy software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Legacy software to a party who agrees to accept the terms of this License and destroy any other copies of the Legacy software in your possession. Your rights under this License will terminate automatically without notice from Legacy if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media. Legacy warrants the media on which the Legacy software is recorded to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase, unless otherwise stated by law. Your exclusive remedy under this paragraph shall be, at LegacyÆs option, a refund of the purchase price of the product containing the Legacy software or replacement of the Legacy software which is returned to Legacy or a Legacy authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. LEGACY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Legacy Software. You expressly acknowledge and agree that use of the Legacy software is at your sole risk. The Legacy software is provided "AS IS" and without warranty of any kind, and Legacy and LegacyÆs licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LEGACY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LEGACY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LEGACY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LEGACY SOFTWARE WILL BE CORRECTED. FURTHERMORE, LEGACY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LEGACY SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEGACY OR A LEGACYAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE LEGACY SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LEGACY OR A LEGACY-AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. Limitation of Liability. Neither Legacy nor its licensors, specifically Vivendi Universal Games or Warner Bros, shall be liable in any way for loss or damage of any kind resulting from the use of the Legacy software, including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. Any warranty against infringement that may be provided in section 2-312(3) of the Uniform Commercial Code and/or in any other comparable state statute is expressly disclaimed. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply.
6. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered, or modified only by an instrument in writing, specifying such amendment, alteration, or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the program is an acknowledgement of my agreement to be bound by the terms and conditions of the License Agreement contained herein.
