PLAYBOY ENTERPRISES, INC. (PLAYBOY) LICENSE AGREEMENT FOR PLAYMATE PORTFOLIO
PLEASE READ THIS LICENSE AGREEMENT BEFORE YOU INSTALL YOUR SOFTWARE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PLAYBOY. YOU WILL SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF THIS SOFTWARE BY DEPRESSING THE AGREE BUTTON BELOW. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE, SIMPLY CANCEL THIS SETUP PROGRAM AND DO NOT CONTINUE WITH THE INSTALLATION OF THIS SOFTWARE.
1. OWNERSHIP: Playboy and/or its licensing partners own the contents of the files included in Playmate Portfolio and all of its components (the "Software"). The Software is protected by the United States copyright laws and international treaty provisions. You may use the Software only as stated in this License. If you acquired this product in the United States, the laws of the State of Illinois govern this License.
2. LICENSE: Under this License you may: 1) have and use the Software; 2) copy installed portions of the Software for backup; and 3) transfer possession of the Software to another party. If you transfer the Software, you must transfer the Software in a complete and unaltered form including a copy of this License. This Software may never be transferred for any profit or fee in excess of the original costs paid by you.
3. CONDITIONS OF USE: You may not: 1) use, copy, modify, merge, and/or transfer copies of the Software except as provided in this License; 2) copy, modify, merge, transfer to any other media, display in any format that does not use the Software, and/or print any audio and/or visual work including but not limited to the images, text, recordings, video, files, or any portion thereof, contained in this Software without the express written consent of the copyright owner of such Content; 3) reverse engineer, reverse assemble or reverse compile the Software; 4) sublicense, rent, lease, sell, or assign the Software; or 5) publicly perform, display or broadcast the Software without the prior written consent of the Licensor.
4. LIMITED WARRANTY: Playboy warrants, for a period of ninety (90) days from the date you purchased the License, that: the physical media on which the Software was originally contained shall be free from defects in material and workmanship. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS LICENSED "AS IS." Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to you.
5. YOUR REMEDIES: Playboy and its suppliers entire liability and your exclusive remedy under this License is limited to the following: Playboy will, at its option, 1) replace defective software; or 2) refund to you the purchase price, if any, you paid for this Software. For any claim (including fundamental breach), in any form, related in any way to this License, Playboy's liability will be for actual damages only and will be limited to the purchase price, if any, you paid for this Software.
6. NO OTHER WARRANTIES: Playboy and/or its suppliers will not be liable for any lost profits, lost savings, or any incidental damages or other economic consequential damages (including loss of information), even if Playboy or its supplier has been advised of the possibility of such damages. Playboy will not be liable for any damages claimed by you based on any third party claim. This limitation of remedies also applies to any developer of Software supplied to Playboy. Playboy and the developer's limitation of remedies are not cumulative. Such developer is an intended beneficiary of this Section. This limitation of remedies also applies to any licensor of content supplied to Playboy. Playboy and the licensor's limitation of remedies are not cumulative. Such licensor is an intended beneficiary of this Section.
