Major League Baseball - The Year the Records Fell!

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Text File | 1999-02-17 | 10.4 KB | 245 lines

TERMS & CONDITIONS FOR USE CYBERVIEWER & CYBERACTION CARDS (PATENT PENDING) PLEASE READ THIS CYBERACTION LICENSE AGREEMENT ("AGREEMENT") FOR THE USE OF THE CYBERACTION CYBERVIEWER AND CYBERACTION CARDS CAREFULLY. YOU ARE ONLY PERMITTED TO USE THE ACCOMPANYING PROGRAMS - AS DEFINED BELOW - IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT YOUR INSTALLATION, COPYING OR OTHER USE OF THE ACCOMPANYING PROGRAMS CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. The Programs are owned by CyberAction, Inc. or one of its subsidiaries (collectively "CyberAction") or CyberAction's Suppliers (as defined below), and are copyrighted and licensed, not sold. The term "Programs" means the original software Programs, and associated control files, licensed hereunder called the CyberViewer or CyberAction Cards, including all, whole or partial copies thereof, and all related documentation. For purposes of this Agreement, "CyberAction Cards" means CyberAction's term for a protected digital container that consists of a multimedia composition constituting an electronic collectible trading card. When properly installed on a correctly configured computer system, the CyberViewer assists you in accessing and displaying one or more CyberAction Cards. PROGRAMS LICENSE CyberAction grants you a nonexclusive license to use the Programs for your own personal or internal purposes. You may not modify or create derivative works of the Programs. You must not allow copies of the Programs or any part of it to be made or distributed to anyone else. You may copy the Programs for backup purposes only. You agree to reproduce the copyright notice and any other legend of ownership on any copy or partial copy of the Programs. The Programs are licensed for use on a single computer only. You may delete the Programs from one computer and reinstall it on another, but you must not install the Programs on more than one computer at any given time without prior written permission from CyberAction. The Programs, in source code form, are CyberAction's confidential and protected trade secrets. You agree not to do any of the following: 1) use or copy the Programs except as provided in this Agreement; or 2) reverse engineer, de-compile, disassemble or otherwise decipher the Programs. All video, audio and other content accessed through the Programs remains the property of the applicable content owner and is protected by applicable copyright law. This Agreement gives you no rights to such content. CyberAction retains all ownership and intellectual property rights in and to the Programs. You agree to abide by the copyright law and all other applicable laws of the United States, including those related to export controls. NO WARRANTY - Although the information included in this set of CyberAction Cards was formulated with a reasonable standard of care, CyberAction makes no representation or warranty, express or implied, as to the accuracy, completeness, merchantability, or fitness for use of the data and information contained in these CyberAction Cards. The data may not be reproduced, stored in machine-readable form, or transmitted by any means without the written permission of the CyberAction. CyberAction provides all Programs on an "AS IS" basis without warranty of any kind. NEITHER CYBERACTION NOR ANY OF ITS SUBCONTRACTORS, SUPPLIERS, OR PROGRAMS DEVELOPERS (COLLECTIVELY CALLED "SUPPLIERS") MAKES ANY WARRANTIES OR CONDITIONS EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE PROGRAMS, ITS OPERATION, FUNCTION, PERFORMANCE OR DOCUMENTATION. LIMITATION OF LIABILITY - NEITHER CYBERACTION NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, CAUSED TO ANY PERSON AS A RESULT OF THE USE OF THE PROGRAMS OR THE DATA OR INFORMATION CONTAINED THEREIN REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE, EVEN IF CYBERACTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. GENERAL - Neither CyberAction nor its Suppliers are responsible for: 1) any loss or damage to your records or data; or 2) your use of, or results achieved from the Programs. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. CyberAction is not obligated to provide any Programs, services or technical support for the Programs. Your license to the Programs shall immediately terminate if you fail to comply with any of the terms or conditions of this Agreement. In addition, you or CyberAction may terminate this Agreement at any time. If your license terminates, you agree to immediately destroy the Programs and all copies you made of it. Neither of us will bring a legal action under this Agreement more than two years after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. This Agreement is the complete and exclusive agreement regarding the Programs and replaces any prior oral or written communications between you and CyberAction. This Agreement is entered into in the State of New York, USA and governed by the laws of the State of New York. CyberAction provides this Programs to you in the United States and you agree to comply with all applicable United States laws, including those regarding the export of data. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of these Programs. US GOVERNMENT RESTRICTED RIGHTS The Programs are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government or any of its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is CyberAction, Inc., 126 Fifth Avenue, New York, New York, 10011. ________________________________________________________________________ LICENSES / COPYRIGHTS _____________________ Copyright (c) 1996-1999 CyberAction, Inc. All worldwide rights reserved. "CyberViewer", CyberAction", "CyberAction - The Ultimate Digital Action Card" and the CyberAction logo are trademarks of CyberAction Inc. Other product and company names appearing in CyberAction products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any CyberAction, Inc. products and materials are the exclusive property of their respective owners. INTENDED SOLELY FOR PRIVATE HOME USE. PUBLIC PERFORMANCE OR OTHER USE IS EXPRESSLY PROHIBITED. BASEBALL CYBERACTION CARDS __________________________ Baseball photos in: a) the Cooperstown Collection: Sets 1, 2, 3, 4 and Bonus Cards 1 & 2; and b) Major League Baseball - Series 1: Bonus Card 1 - Bonus Card 2 - Al Kaline, Set 3 - Babe Ruth and Roger Maris, are reserved, owned and (c) by PhotoFile Inc. All rights reserved. Baseball photos included in the Major League Baseball - Series 1: Sets 1, 2, 3, 4, 5 and 6 are by Tom DiPace - with the exception of Cooperstown players: Rod Carew, Al Kaline, Babe Ruth, and Roger Maris - are reserved, owned and (c) by DiPace Photography Inc. All rights reserved. Baseball photo of Rod Carew included in the Major League Baseball - Series 1: Set 1 is from the National Baseball Hall of Fame. All baseball video is owned and (c) by and used with the permission of Phoenix Communications Inc. All rights reserved. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball Properties Inc. Official Licensee of Major League Baseball Players Association. Copyright MLBPA. MAJOR LEAGUE SOCCER CYBERACTION CARDS _____________________________________ (c) 1997 MLS. MLS, the MLS logo, Major League Soccer and MLS team identifications are proprietary rights of Major League Soccer, L.L.C. All rights reserved. Major League Soccer trademarks and copyrights are used with permission of Major League Soccer, L.L.C. Soccer photos include in Sets 1, 2, 3 and 4 and Bonus Cards 1 and 2 are owned and (c) CyberAction Inc. All rights reserved. HERCULES & XENA CYBERACTION CARDS _________________________________ Xena: Warrior Princess TM and (c) 1997, 1998, 1999 Universal Television Enterprises, Inc. Licensed by Universal Studios Licensing, Inc. and Universal Studios Online, Inc. All rights reserved. Hercules: The Legendary Journeys TM and (c) 1998, 1999 Universal Television Enterprises, Inc. Licensed by Universal Studios Licensing, Inc. and Universal Studios Online, Inc. All rights reserved. "Hercules: The Legendary Journeys" "Xena: Warrior Princess" Music by Joseph LoDuca All rights owned or administered by MCA Music Publishing, a division of MCA, Inc (ASCAP) International Rights secured. Not for broadcast transmission. All rights reserved. DO NOT DUPLICATE. NOT FOR RENTAL. (c) 1999 Anthony Quinn. Trademarks and copyrights are licensed and used with permission of Anthony Quinn. STAR TREK CYBERACTION CARDS ___________________________ TM, (r) & (c) 1999 Paramount Pictures. All Rights Reserved. STAR TREK and Related Marks are Trademarks of Paramount Pictures. CyberAction Authorized User. MACROMEDIA __________ DIRECTOR (r) COPYRIGHT (c) 1997 Macromedia,Inc. Made with Macromedia is a trademark of Macromedia, Inc. QuickTime QuickTime is a trademark of Apple Computer, Inc. CREDITS _______ All of us at CyberAction would like to recognize and extend special THANKS to the teams at IQ Productions and RASE Inc. who helped us make our dream a reality. CyberAction (TM) Trading Cards and the CyberViewer (TM), and existing back-end and other related technologies were designed and developed by CyberAction Inc. with iQ Productions, Inc. and RASE Inc.