Your use of the file is evidence of your agreement to be bound by the terms.
1. OWNERSHIP. The Software is and shall remain a proprietary product of THQ and its suppliers. THQ and its suppliers shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets and other proprietary rights relating to or residing in the Software. Except as provided in Section 2, you shall have no right, title or interest in or to the Software. The Software is licensed, not sold, to you for use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement, you will only own the media on which the Software has been provided and not the Software itself.
2. GRANT OF LICENCE. THQ grants you a non-exclusive, non-transferable right to use one copy of the Software in the country in which you acquired the Software for your own personal use. All other rights are expressly reserved by THQ. You may not: (a) install the Software on multiple computers, timeshare the Software, or make it available to multiple persons, (b) reverse-engineer or decompile the Software, or (c) export the Software. You may make one copy of the Software solely for purposes of having a backup copy, provided that you reproduce on that copy all copyright notices and any other confidentiality or proprietary legends that are on the original copy of the Software. You understand that THQ or its suppliers may update the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement.
3. LIMITED WARRANTY. THQ warrants that the media on which the Software is provided will be free from faulty workmanship and defective materials for a period of ninety (90) days from your date of receipt of the Software. This limited warranty is void if failure of the Software to conform with the warranty has resulted from improper installation, misuse, neglect, accident, fire or other hazard, or after any breach of this Agreement. In the event of a breach of the foregoing limited warranty, you must return the Software to THQ or the THQ-authorised distributor that provided you with the Software, postage prepaid, before the expiration of the warranty period, with a copy of the invoice for the Software and this signed Agreement. THQ and its suppliers sole and exclusive liability and your sole and exclusive remedy shall be, at THQ sole discretion, either to (i) provide a replacement copy of the Software or (ii) refund the license fee you paid and terminate this Agreement. The replacement copy will be warranted for ninety (90) days. OTHER THAN THE FOREGOING LIMITED WARRANTY, WHICH IS MADE SOLELY BY THQ AND NOT BY ANY THQ SUPPLIER, THE SOFTWARE IS BEING LICENSED TO YOU IS, WITHOUT ANY WARRANTY OF ANY KIND. THQ AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO NINETY (90) DAYS FROM THE DATE THE SOFTWARE IS RECEIVED BY YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL THQ AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF THE ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), EXCEED THE LICENSE FEES RECEIVED BY THQ FOR THE SOFTWARE. NO THQ SUPPLIER SHALL HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT. IN NO EVENT SHALL THQ OR THQ SUPPLIERS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS), EVEN IF THQ OR SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THQ SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE. THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF THQ BARGAIN HEREUNDER, AND THQ WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH LIMITATION OR EXCLUSION OF LIABILITY IS LIMITED TO NINETY (90) DAYS FROM THE DATE THE SOFTWARE IS RECEIVED BY YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
5. TERMINATION. You may terminate this Agreement at any time. This Agreement shall terminate automatically upon your breach of any term of this Agreement. Upon termination, you shall destroy the Software and the backup copy, if any, you made pursuant to the Agreement.
THQ and the THQ logo are trademarks and/or registered trademarks of THQ Inc. All rights reserved.
