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PC Zone 96
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PC Zone #096.7z
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Dppcz1200.mdf
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Patches
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PGA Championship Golf 2000 v3.1.15.0
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patch31150.exe
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_user1.cab
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English_OS_Independent_Files
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betatest.txt
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2000-08-14
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8KB
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146 lines
THE SIERRA PRE MARKET EVALUATION AGREEMENT
AGREEMENT made between Sierra On-Line Inc ( "Licensor" ) and the user(s)
of this computer system ( "Licensee" ).
For valuable consideration, the parties hereby agree as follows:
1. Definitions - The following terms are defined for the purposes of this
Agreement:
Sierra Programs will mean the object code or machine-executable code
versions of the computer program(s) as specified in schedule A.
Copy will mean any material object in which information (such as, for
example, all or part of an Sierra Program) is temporarily or permanently
fixed by any means now known or later developed, and from which all or
part of such information can be perceived, reproduced, used or
communicated, either directly or by means of a machine or other device.
Sierra Materials will mean all copies of the Sierra Programs, and all
other materials in whatever form relating to any Sierra Program that are
provided by Licensor to Licensee during the term of this Agreement.
Designated Location will mean a location as specified in Schedule A to
this Agreement.
2. ACKNOWLEDGEMENT - THE SIERRA PROGRAMS ARE SOFTWARE PROGRAMS CURRENTLY
UNDER DEVELOPMENT AND TESTING BY LICENSOR. LICENSOR DESIRES TO OBTAIN
INPUT FROM LICENSEE TO ASSIST LICENSOR IN ITS ONGOING DEVELOPMENT OF THE
SIERRA PROGRAMS. LICENSEE IS WILLING TO PROVIDE THAT INPUT AND DESIRES TO
HAVE PRE-RELEASE EXPERIENCE WITH THE SIERRA PROGRAMS. ACCORDINGLY, THE
PARTIES ACKNOWLEDGE THAT THE SIERRA PROGRAMS LIKELY CONTAIN "BUGS" AND
OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE
SIERRA PROGRAMS; THE SIERRA PROGRAMS MAY CONTAIN INOPERABLE FEATURES; THE
SIERRA MATERIALS MAY CONTAIN ERRORS AND MAY BE INCOMPLETE; AND THE
LICENSEE SHOULD TAKE EXTRA CARE IN PRESERVING ITS DATA IN ORDER TO AVOID
ANY LOSS OF DATA AS A RESULT OF USING THE SIERRA PROGRAMS.
3. License - Licensor hereby grants to Licensee a non-exclusive license
(i) to use the Sierra Programs at the Designated Location on the
computer(s) specified in Schedule A for the limited purposes of becoming
familiar with the Sierra Programs and providing comments to Licensor and
(ii) to use the Sierra Materials at the Designated Location as required
for licensed use of the Sierra Programs.
Licensee may not sublicense, assign, or otherwise transfer any of its
rights in this license. Licensee agrees not to use the Sierra Programs or
Sierra Materials at any location other than at the Designated Location.
Licensee agrees that only the specific employees of Licensee listed in
Exhibit A and such others as may be approved in writing by Licensor in its
sole discretion (collectively, the "Authorized Persons") will be permitted
access to or use of the Sierra Programs, the Sierra Materials and the
results or other output generated by use thereof, and only such Authorized
Persons will be permitted to view the use or demonstration of the Sierra
Programs and Sierra Materials.
The license granted hereunder expires 45 days from the date of this
Agreement, but may be extended or terminated by Licensor at its option.
4. Limited Permission to Copy Sierra Programs - Licensee agrees not to
make any Copy of the Sierra Programs or Sierra Materials, in whole or in
part, except as expressly provided herein. Licensee may make object code
or machine-executable code Copies of part or all of the Sierra Programs
only to the extent reasonably required to fix the Sierra Programs in the
computer temporarily for the uses authorized in Paragraph 3. This
Agreement does not authorize Licensee to make any modifications to or
adaptations of any Sierra Programs or to merge any Sierra Program into
other programs or other materials, and any such modification, adaptation
or merging is expressly prohibited. Licensee agrees that it will not
decompile, disassemble, or otherwise reverse engineer the Sierra Programs,
or otherwise use the Sierra Programs in any manner except as expressly
permitted by this Agreement.
5. Security Precautions - Licensee hereby acknowledges that the Sierra
Programs and Sierra Materials constitute valuable trade secrets of
Licensor. Licensee agrees to use its best efforts to keep the Sierra
Programs and Sierra Materials confidential and to assure that no Sierra
Program or Sierra Material or any part thereof or output therefrom is
disclosed to any person other than Authorized Persons. As part of such
best efforts, Licensee agrees to use storage procedures and locations
which will minimize the risk of theft or unauthorized copying, and to take
appropriate action by instruction, agreement, or otherwise with the
Authorized Persons.
Upon any termination of the license granted herein, Licensee will (i)
erase or otherwise destroy all Copies of part or all of the Sierra
Programs that are fixed or resident in memory in computers owned or
controlled by Licensee and (ii) return to Licensor all other existing
Copies (including original Copies) of part or all of the Sierra Programs
or Sierra Materials in the possession or under the control of Licensee,
together with a description of the circumstances which resulted in the
destruction of any such Copies that were once (but no longer are) in the
possession or under the control of Client. All Sierra Programs and Sierra
Materials will be clearly marked "SIERRA ON-LINE CONFIDENTIAL
INFORMATION--UNAUTHORIZED USE IS STRICTLY PROHIBITED."
6. Ownership - Licensee acknowledges that, as between Licensor and
Licensee, the Sierra Programs and Sierra Materials and all copyrights and
other intellectual property rights with respect thereto, are and will at
all times be the property of Licensor, even if suggestions made by
Licensee are incorporated into subsequent versions of the Sierra Programs
or Sierra Materials.
7. Warranties, Etc - THE SIERRA PROGRAMS AND SIERRA MATERIALS ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. LICENSOR WILL HAVE NO LIABILITY OR RESPONSIBILITY TO LICENSEE
OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS, OR
DAMAGE CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY THE
SIERRA PROGRAMS OR THE SIERRA MATERIALS, AND LICENSEE WILL INDEMNIFY AND
HOLD LICENSOR HARMLESS FROM SAME. IN NO EVENT WILL LICENSOR BE LIABLE FOR
LOST DATA, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, OR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES RESULTING FROM THE USE OR OPERATION OF THE SIERRA
PROGRAMS OR SIERRA MATERIALS.
8. Effect of Termination - Upon termination of this Agreement, only (i)
the nonexclusive license to use the Sierra Programs and Sierra Materials
and (ii) the limited permission to make copies of the Sierra Programs will
terminate; all other rights and obligations will survive such termination.
9. Miscellaneous - This Agreement contains the entire agreement of the
parties with respect to the subject matter hereof, and supersedes all
prior oral and written agreements, negotiations, understandings and
communications regarding such subject matter. If any of the provisions of
this Agreement are invalid under any applicable statute or rule of law,
they are, to that extent, deemed omitted, and the balance of this
Agreement will be enforceable in accordance with its terms. Except as
otherwise provided herein, this Agreement will be governed by the laws of
the State of Washington, as applied to agreements made and performed
entirely in that state.
10. Reporting Problems and Concerns - A message board has been setup as a method
for discussing issues found in the pre-release version. The Licensee agrees to
report all problems and concerns that may be present in the pre-release version.
The Licensor will use its discretion in determining problems and concerns that
must be addressed in subsequent versions of the product. The message board URL is:
http://www.sierrasports.com/golf-qa/board2/index.shtml
Login: golfqa
Password: forE!
My action of clicking on the "I Agree" button represents my agreement to
comply with all terms of this agreement. I warrant that I am of legal age
(18 years or older) and if not, my parents/guardian have agreed to the
terms of this agreement on my behalf.