This software consists of a preliminary release demonstration version of an interactive entertainment product and is being provided to you solely for your evaluation of an upcoming product release by Virgin. The software may contain significant and insignificant program errors, including errors which cause the interruption of operation of your computer system. Additionally, the interactive entertainment products displayed in the software may undergo significant changes prior to release of generally available final versions or may not be released at all.
As a result, the CD-ROM and the software contained thereon are provided "AS IS" and you assume the responsibility for determining the suitability of the software on your system and for results obtained.
YOU MUST READ THIS PRODUCT LICENSE (THIS "LICENSE") CAREFULLY. BY USING THIS SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AND ARE AGREEING TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY PROMPTLY RETURN THE UNUSED SOFTWARE AND RELATED MATERIALS TO THE PLACE WHERE YOU OBTAINED THEM, PRIOR TO INSTALLATION.
1. GRANT OF LICENSE. Virgin Interactive Entertainment, Inc. hereby grants you (either an individual or an entity), the end user, the limited, non-transferable right to use this one copy of this software/cartridge product, and any accompanying electronic files and printed materials (collectively the "Product"), on any single computer or game platform only for your personal use and enjoyment. This License is your proof of license to exercise the rights granted herein and must be retained by you. Virgin may terminate this License immediately if you fail to comply with any of the terms contained herein.
2. COPYRIGHT AND RESTRICTIONS. You have no ownership rights to the Product. The Product is owned by Virgin and/or its suppliers and is protected by the United States copyright laws and international treaty provisions. Virgin retains all rights not expressly granted herein. You must therefore treat the Product like any other copyrighted material (e.g. a book or musical recording).
The Product is licensed to you only for your personal use and enjoyment and may not be used for any commercial purpose whatsoever. You may not loan, rent, lease, give, sell, offer for sale, sublicense or otherwise transfer the Product, or any portion of the Product or anything incorporated therein, including any screen display, sound or accompanying documentation, to any third party, nor may you permit any other person to use the Product in exchange for remuneration. Further, you may not place the Product on a computer system that would allow multiple users to access it. Notwithstanding the foregoing, in one case you may transfer your rights under this License on a permanent basis provided you transfer this License and the Product, including all accompanying printed materials, while retaining no copies, and the recipient agrees to the terms of this License. If the Product is an update, any transfer must include this update and all prior revisions.
You also may not copy, modify, adapt, translate, create derivative works of, publicly perform, publicly display, distribute, transmit, decompile, disassemble, or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Product or anything incorporated therein, including any screen display, sound or accompanying documentation, or permit or encourage any third party to do so. Notwithstanding the foregoing, if the Product contains personal computer software, you may either (a) make one copy of the software solely for backup or archival purposes, or (b) transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes. Further, if the Product contains a map or level editor, you may use the editor in accordance with the instructions in the accompanying documentation to create maps or levels for your personal use and enjoyment, and you may allow others to use such maps or levels for their personal use and enjoyment, but in no event may such maps or levels be exploited commercially in any manner, by you or any other person or entity.
Without limiting the generality of the foregoing restrictions, specifically you may not offer the Product on a pay-per-play basis or on a computer system or network to which you lease or rent access to others, electronically distribute the Product, or any portion of the Product or anything incorporated therein, including any screen display, sound or accompanying documentation, or, if the Product contains a map or level editor, sell or permit any third party to sell maps or levels you create for use with the Product. Commercial exploitation licenses are available in certain circumstances. Please contact Virgin in the manner set forth at the end of this License for more information.
3. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product, including all accompanying written materials, are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Restricted Rights in Technical Data and Computer Software Clause at FAR 52.227-7013(c)(1)(ii) or FAR 52.227-19. Publisher is Virgin Interactive Entertainment, Inc. 18061 Fitch Avenue, Irvine, California, 92614.
4. LIMITED WARRANTY. You expressly acknowledge and agree that use of the Product is at your sole risk. The Product is provided "as is" and without warranty of any kind. IF YOU RESIDE IN A STATE/JURISDICTION THAT DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. NO OTHER WARRANTIES. VIRGIN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR, TO THE EXTENT PERMISSIBLE BY LAW, STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PRODUCT. VIRGIN DOES NOT WARRANT THAT THE PRODUCT WILL SATISFY THE REQUIREMENTS OF YOUR COMPUTER SYSTEM OR THAT THE PRODUCT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL VIRGIN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF VIRGIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VIRGIN'S LIABILITY BY OPERATION OF LAW, IF ANY, BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. NO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
7. GENERAL. This License sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral, between the parties hereto concerning the subject matter hereof. This License is governed by the laws of the State of California. This License is severable. Should any provision of this License be held to be void, invalid or unenforceable, the remaining provisions hereof shall not be affected and shall continue in effect as though such unenforceable provision(s) have been deleted herefrom. The name of this License and the headings of the sections of this License are inserted merely for convenience and shall not be used or relied upon in or in connection with the construction or interpretation of this License. For more information about Virgin's licensing policies, please write: Virgin Interactive Entertainment, Inc., 18061 Fitch Avenue, Irvine, CA 92614, attn.: Legal Affairs.
