IMPORTANT - READ CAREFULLY: USE OF THIS SOFTWARE IS SUBJECT TO THE END-USER LICENSE AGREEMENT ("EULA") TERMS SET FORTH BELOW. "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS EULA, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. THE SOFTWARE IS A DEMONSTRATION VERSION AND IS LIMITED IN ITS FUNCTIONALITY FROM THE FULL RETAIL VERSION SO AS TO PROVIDE A LIMITED PREVIEW OF THE FULL RETAIL VERSION. BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY SOFTWARE PROGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS EULA WITH TIMEGATE STUDIOS, INC. ("TIMEGATE").
1. LIMITED USE LICENSE: Subject to the conditions described below, Timegate grants you the non-exclusive, non-transferable, limited license to (a) install and use one copy of this Software in executable or object form solely and exclusively for your personal use and, (b) reproduce and distribute an unlimited number of copies of the Software; provided, however, that each copy shall be a true and complete copy, including without limitation, all trademark, copyright or other intellectual property notices, be accompanied by a copy of this EULA, and no fee, expense or any other amount is charged for the reproduction or distribution. If you are interested in distributing the Software in conjunction with other software or other demonstration versions of other software, please contact Timegate for the terms of such distribution and approval of such distribution. All rights not specifically granted under this Agreement are reserved by Timegate and, as applicable, Timegate's licensors. This Software is licensed, not sold, for your use. Your license confers no title or ownership in this Software and should not be construed as a sale of any rights in this Software. The Software is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
2. LICENSE CONDITIONS: You shall not:
* Exploit this Software or any of its parts commercially, including, but not limited to use at a cyber cafe, computer gaming center or any other location-based site.
* Use this Software, or permit use of this Software, on more than one computer, computer terminal, or workstation at the same time.
* Make copies of this Software or any part thereof, or make copies of the materials accompanying this Software.
* Copy this Software onto any other storage device; you must run this Software from your hard drive.
* Use the Software, or permit use of this Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by this EULA or the Software.
* Sell, rent, lease, license, distribute or otherwise transfer this Software, or any copies of this Software, other than as provided in Section 1(b), without the express prior written consent of Timegate. * Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Software, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Software.
* Export or re-export this Software or any copy or adaptation in violation of any applicable laws or regulations of the United Sates government.
* Host or provide matchmaking services for the Software or emulate or redirect the communication protocols used by Timegate in the network feature of the Software, through protocol emulation, tunneling, modifying or adding components to the Software, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without the prior written consent of Timegate.
* Create or maintain, under any circumstance, more than one simultaneous connection to the network provided in the Software (the "Network"). All such connections to the Network permitted by the Software, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by Timegate. Under no circumstances may you connect, or create tools that allow you to connect to the private binary interface or interfaces of the Network other than those explicitly provided by Timegate for public use.
3. OWNERSHIP: All title, ownership rights and intellectual property rights in and to this Software and any and all copies thereof (including but not limited to any titles, computer code, data format, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into this Software) are owned by Timegate, affiliates of Timegate or Timegate's licensors. This Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws, including, but not limited to, the Lanham Act. This Software contains certain licensed materials and Timegate's licensors may protect their rights in the event of any violation of this Agreement. You agree that you are receiving a copy of the Software by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. º109 does not apply to your receipt or use of the Software. This Section 3 shall survive the cancellation or termination of this EULA.
4. NO TIMEGATE WARRANTIES: TIMEGATE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. TIMEGATE DOES NOT WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN DO NOT CONSTITUTE WARRANTIES BY TIMEGATE AND SHOULD NOT BE RELIED UPON. THIS SECTION 4 SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS EULA.
5. NO WARRANTIES: TIMEGATE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
6. LIMITATION ON DAMAGES: IN NO EVENT WILL TIMEGATE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, THE NETWORK OR THE PERSONALIZED GAMING MATERIAL, INCLUDING DAMAGES TO PROPERTY, LOST PROFITS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF TIMEGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TIMEGATE SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON THE NETWORK. I UNDERSTAND AND ACKNOWLEDGE THAT TIMEGATE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON THE NETWORK INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS SECTION 7 SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
7. TERMINATION: Without prejudice to any other rights of Timegate, this EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of this Software and all of its component parts in your possession, custody or control. In such event, you shall have no right to use the Software or any and all of its component parts in any manner.
8. U.S. GOVERNMENT RESTRICTED RIGHTS: To the extent applicable, the United States Government shall only have those rights to use the Software and the Printed Materials as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. ºº 227.7201 through 227.7204, inclusive.
9. INJUNCTION: Because Timegate would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Timegate shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as Timegate may otherwise have under applicable laws.
10. INDEMNITY: You agree to indemnify, defend and hold Timegate and their respective partners, affiliates, licensors, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of this EULA.
11. MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. This EULA shall be construed under laws of the United States, State of Texas as such law is applied to agreements between Texas residents entered into and to be performed within Texas, except as governed by federal law and you consent to the exclusive jurisdiction of the State and Federal courts in Harris County, Texas.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TIMEGATE AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN TIMEGATE, DISTRIBUTOR AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
