GameStar 2003 February/Gamestar_48_2003-02_cd1.bin/Dema/vietcong_demo_us.exe/license.txt

Text File | 2002-12-13 | 13KB | 182 lines

LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT.

This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"),
including the Limited Warranty and other special provisions, is a legal
agreement between You (either an individual or an entity) and Take 2
Interactive Software (the "Owner") regarding this software product and
the materials contained therein and related thereto. Your act of
installing and/or otherwise using the software constitutes Your agreement
to be bound by the terms of this Agreement. If You do not agree to the
terms of this Agreement, promptly return the software packaging and the
accompanying materials (including any hardware, manuals, other written
materials and packaging) to the place You obtained them, along with your
receipt, for a full refund.

Grant of Limited Non-Exclusive License. This Agreement permits You to use
one (1) copy of the software program(s) (the "SOFTWARE") included in this
package for your personal use on a single home or portable computer. The
SOFTWARE is in "use" on a computer when it is loaded into temporary memory
(i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM,
or other storage device) of that computer. Installation on a network server
is strictly  prohibited, except under a special and separate network license
obtained from Owner; this Agreement shall not serve as such necessary special
network license. Installation on a network server constitutes "use" that must
comply with the terms of this Agreement. This license is not a sale of the
original SOFTWARE or any copy thereof.

Intellectual Property Ownership. Owner retains all right, title and interest
to this SOFTWARE and the accompanying manual(s), packaging and other written
materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not
limited to, all copyrights, trademarks, trade secrets, trade names, proprietary
rights, patents, titles, computer codes, audiovisual effects, themes,
characters, character names, stories, dialog, settings, artwork, sounds
effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING
MATERIALS are protected by United States copyright law and applicable copyright
laws and treaties throughout the World. All rights are reserved. The SOFTWARE
and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or
medium, in whole or in part, without prior written consent from Owner. Any
persons copying or reproducing all or any portion of the SOFTWARE or
ACCOMPANYING MATERIALS, in any manner or medium, will be wilfully violating
the copyright laws and may be subject to civil or criminal penalties.

SOFTWARE Backup or Archiving. After You install the SOFTWARE into the
permanent memory of a computer, You may keep and use the original disk(s)
and/or CD-ROM (the "Storage Media") only for backup or archival purposes

Restrictions. Other than as provided specifically in this Agreement, You are
not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING
MATERIALS; modify or prepare derivative copies based on the SOFTWARE or
ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING
MATERIALS by sale or other transfer of ownership; rent, lease, or lend the
SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING
MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE
or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or
through any other media or to any other party. You are expressly prohibited
from selling or using any characters or other components of the game for any
purpose. You are expressly prohibited from selling or otherwise profiting from
any levels, add-on packs, sequels or other items based upon or related to the
SOFTWARE and ACCOMPANYING MATERIALS or created by utilization of the SOFTWARE's
level editor. If you create levels, add-on packs, sequels or other items to the
Software using the SOFTWARE's level editor, including the construction of new
levels (collectively, the "Modifications"), you are subject to the following
restrictions: (i) the SOFTWARE's level editor and associated development tools
and documentation (collectively "SDK") are considered separate from the SOFTWARE
in the sense that they are not guaranteed or supported by the OWNER. However, the
OWNER retains all copyrights and intellectual rights to the SDK, as stated in this
license. (ii) your Modifications must require a full, registered copy of the Software
to run; (iii) you may not distribute a Modification that contains an executable file
which has been changed or modified in any way; (iv) your Modifications must not
contain any libelous, defamatory or other illegal material, material that is scandalous
or invades the rights of privacy or publicity of any third party, or contain any
trademarks, copyright-protected work or other property of third parties; (v) your
Modifications must be distributed solely for free. Neither you nor any other
person or party may sell them to anyone, commercially exploit them in any way, or
charge anyone for using them without a license from the OWNER. OWNER encourages
noncommercial distribution of quality Modifications. If you desire to commercially
distribute your Modifications, please contact OWNER at the address below for the
terms and conditions under which the Modifications may be commercially distributed;
(vi) your Modifications shall not be supported by the OWNER. The prohibitions and
restrictions in this Section apply to anyone in possession of the Software or any
of your Modifications. YOU ARE NOT PERMITTED TO REVERSE ENGINEER, DECOMPILE OR
DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying of the SOFTWARE or ACCOMPANYING
MATERIALS not specifically allowed in this Agreement is a violation of this Agreement.

LIMITED WARRANTY AND WARRANTY DISCLAIMERS.
LIMITED WARRANTY. Owner warrants that the original Storage Media holding the SOFTWARE
is free from defects in materials and workmanship under normal use and service for a
period of ninety (90) days from the date of purchase as evidenced by Your receipt.
If for any reason You find defects in the Storage Media, or if you are unable to
install the SOFTWARE on your home or portable computer, You may return the SOFTWARE
and all ACCOMPANYING MATERIALS to the place You obtained it for a full refund. This
limited warranty does not apply if You have damaged the SOFTWARE by accident or abuse.

CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner, shall
be (i) replacement of any original Storage Media with the SOFTWARE or (ii) full refund
of the price paid for this SOFTWARE. By opening the sealed software packaging, installing
and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree to waive
any and all other remedies you may have at law or in equity. Any such remedies you  may
not waive as a matter of public policy, you hereby assign, or shall assign as they become
available, over to Owner.

WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, OWNER
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE PRODUCTS OR
ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE
LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT ALLOWED AND TO THE DURATION OF
THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY OR
THE PERFORMANCE OF THE SOFTWARE OR ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN
THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT
THE SOFTWARE OR ACCOMPANYING MATERIALS' CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE
SOFTWARE WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED.
OWNER DOES NOT REPRESENT THAT THE SOFTWARE WILL OPERATE IN A MULTI-USER ENVIRONMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBUTORS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES SHALL CREATE ANY OTHER
WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. SOME TERRITORIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM TERRITORY
TO TERRITORY.

LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and regardless of
whether any remedy set forth herein fails of its essential purpose, IN NO EVENT WILL OWNER,
ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE
DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT;
INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF TEXT OR
DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF RECOVERING OR REPRODUCING
THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY
TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS
ADVISED OWNER OR ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES.
EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR
CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS
 OR AFFILIATES. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Product Support and Updates. This SOFTWARE is intended to be user-friendly and limited
product support is provided by Owner as specified in the ACCOMPANYING MATERIALS.

Jurisdiction. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S CHOICE OF LAW
PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This Agreement may be modified
only by a written instrument specifying the modification and executed by both parties.
In the event that any provision of this Agreement shall be held to be unenforceable, such
provision shall be enforced to the greatest possible extent, with the other provisions of
this Agreement to remain in full force and effect.

Entire Agreement. This Agreement represents the entire agreement between the parties, and
supersedes any oral or written communications, proposals or prior agreements between the
parties or any dealers, distributors, agents or employees.

Termination. This Agreement is valid until terminated.
This Agreement ceases automatically (without any form of notice) if You do not comply with
any Agreement provision. You can also end this Agreement by destroying the SOFTWARE and
ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and ACCOMPANYING
MATERIALS and deleting and permanently purging the SOFTWARE from any client server or computer
on which it has been installed. Program Transfer. You may permanently transfer all of your
rights under this Agreement, provided that the recipient agrees to all of the terms of this
Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related documents and
components and remove the SOFTWARE from Your computer prior. Transferring the SOFTWARE
automatically terminates Your license under this Agreement. Equitable Remedies You hereby
agree that if the terms of this Agreement are not specifically enforced, Owner will be
irreparably damaged, and therefore you agree that Owner shall be entitled, without bond,
other security, proof of damages, to appropriate equitable remedies with respect any of
this Agreement, in addition to any other available remedies.

Owner. If You have any questions regarding this Agreement, the enclosed materials, or
otherwise, please contact in writing:


Take 2 Interactive
9900 Franklin Square Dr. Ste A
Baltimore, MD 21236



⌐ 2002, 2003 Vietcong, Developed by Pterodon a.s. Pterodon and the Pterodon logo are
trademarks of Pterodon a.s.  Illusion Softworks a.s., Illusion Softworks and the
Illusion Softworks logo are trademarks of Illusion Softworks a.s. Gathering of
Developers, the Gathering of Developers logo, Take 2 Interactive Softwareand the
Take 2 logo are all trademarks of Take 2 Interactive Software. All other trademarks
are properties of their respective owners. Published by Gathering of Developers.
All rights reserved.