This is a legal contract between you (the end-user) and Fox Interactive, Inc. ("Fox"). By indicating your acceptance below, you accept and agree to be bound by all the terms and conditions of this End-User License Agreement ("Agreement"). If you do not accept the terms and conditions of this Agreement, decline where instructed. If you decline to accept the terms and conditions of this Agreement, you will not be able to install, copy or otherwise use the Software.
This Agreement accompanies an interactive video game software product ("Software") and related instructional materials ("Documentation"). The term Software shall also include any upgrades, patches, and updates of the Software licensed to you by Fox.
Fox hereby grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software:
You may:
(a) Use only one copy of the Software on a single computer;
(b) Make one copy of the Software for archival purposes, or copy the Software on to the hard disk of your computer and retain the original for archival purposes;
(c) Use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network; and
(d) Transfer the Software and Documentation to another party if the other party agrees to accept the terms and conditions of this Agreement and you transfer all copies of the Software and related Documentation (including any upgrades, updates and/or patches) in your possession. You must also destroy any backup copy of the Software that you made for archival purposes upon transfer.
You may not:
(a) Copy the Software or Documentation;
(b) Lease, rent, sublicense or lend the Software or Documentation to any person or entity;
(c) Decompile, reverse engineer, disassemble or otherwise try to discover the source code of the Software;
(d) Use the Software other than as permitted by this license;
(e) Create derivative works of the Software, including total conversions or other modifications of the Software;
(f) Upload the Software or any portion thereof (including screen shots, trademarks or other copyrights contained in the Software, its packaging and the Documentation) to the Internet for any purpose, including, without limitation, making the Software available for download over the Internet, unless the Software is made available by Fox for Internet play. The Internet shall mean the world wide web, http:\\ sites, intranets, extranets, and all other computer networks;
(g) Use a previous version or copy of the Software 90 days after you have received an upgrade or updated version of the Software, at which time your license to use the previous version of the Software will expire.
2. Copyright: The Software and Documentation is protected by U.S. Copyright laws and international treaty provisions. All rights in and to the Software, including its packaging, and Documentation are owned by Twentieth Century Fox Film Corporation and/or other persons identified in the Documentation, the Software and/or on the packaging. All rights are reserved. The license granted to you hereunder does not transfer any intellectual property rights in and to the Software or Documentation other than as provided above. You agree, by accepting the terms and conditions of this Agreement, to prevent any unauthorized copying or duplication of the Software and Documentation. No part of the Software or Documentation may be copied, reproduced or translated in any form or medium without the prior written consent of Fox.
3. Limited Warranty: Fox reserves the right to make changes in the Software at any time and without notice. Fox warrants to the original user of the Software that the medium on which the computer program is recorded is free from defects in material and workmanship for a period of ninety (90) days from November 15, 1999.
THIS WARRANTY IS NOT APPLICABLE TO NORMAL WEAR AND TEAR OR FOR PROBLEMS RELATED TO OPERATING SYSTEM INCOMPATIBILITY. THIS WARRANTY SHALL NOT BE APPLICABLE IF A DEFECT ARISES OUT OF ABUSE, UNREASONABLE USE, MISTREATMENT OR NEGLECT OF THE SOFTWARE PRODUCT. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTY IS LIMITED TO THE 90-DAY PERIOD DESCRIBED ABOVE AND IN NO EVENT WILL FOX BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SOFTWARE PRODUCT.
The provisions of this warranty are valid in the United States and Canada only. Some states/provinces do not allow limitations on how long an implied warranty lasts or exclusion of consequential or incidental damages, so the above limitations and exclusion may not apply to you. This warranty gives you specific legal rights, and you also have other rights which may vary from location to location.
4. U.S. Government Restricted Rights: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Fox Interactive, Inc., P.O. Box 900, Beverly Hills, CA 90213-0900.
5. Termination: This Agreement shall automatically terminate if you fail to comply with any of its terms. Fox reserves all rights and remedies it may have in the event of breach of this Agreement by you.
6. Miscellaneous: This Agreement is governed by the laws of the State of California without giving effect to its conflict of law principles. This Agreement may only be modified by a writing signed by all parties. This Agreement may be freely assigned and/or transferred by Fox to any other person or entity.
(c) 1999 Fox Interactive, Inc. All rights reserved.
