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{\*\generator Microsoft Word 11.0.8106;}{\info{\title Eidos PC EULA.doc}{\author Steve Didd}{\operator DziD}{\creatim\yr2006\mo12\dy6\hr12\min15}{\revtim\yr2006\mo12\dy6\hr12\min15}{\version2}{\edmins1}{\nofpages4}{\nofwords1381}{\nofchars7876}
\af0\afs24\alang1025 \ltrch\fcs0 \fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \insrsid16007168\charrsid12602999 IMPORTANT NOTICE
\par
\par
\par LICENCE AGREEMENT AND LIMITED WARRANTY
\par
\par IMPORTANT - Please read this Licence Agreement carefully.
\par
\par This End-User Licence Agreement ("EULA") is a legal agreement between you and Eidos Interactive Limited ("Eidos" or "we") for the compute
r game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you ("Software Product").
\par Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
\par
\par WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS. IF YOU A
GREE TO BE BOUND BY THEM PLEASE CLICK [I ACCEPT] AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK [NOT ACCEPTED] AND THE SOFTWARE PRODUCT WILL NO
T
BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK UNUSED TOGETHER WITH ITS PACKAGING AND DOCUMENTATION TO THE POINT OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. THE SUPPLIER RESE
RVES THE RIGHT, WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, TO WITHHOLD SOME OR ALL OF THE REFUND IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY.
\par
\par 1. Technical Support
\par If you require technical assistance, please
refer to the manual accompanying the Software Product or our web site at http://www.eidos.com, or otherwise contact either: The European Technical Support helpline on: 0870 9000222 OR The North American helpline at 415-615-6220.
\par You will be responsible for all telephone charges.
\par
\par 2. Licence
\par You are permitted to:
\par (a) load the Software Product into and use it on a single computer which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
\par (b) transfer the Software from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
\par (c) transfer the Software Product (complet
e with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or d
estroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
\par All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Eidos and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
\par
\par 3. Restrictions
\par You are not permitted:
\par (a) to load the Software Product on to a network server for the purposes of distribution to
\par one or more other computer(s) on that network or to effect such distribution;
\par (b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit
for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce or deal in the Software Product or any part thereof in
Without prejudice to any other rights, Eidos may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Soft
ware Product and all of its component parts including any Software Product }{\rtlch\fcs1 \af0 \ltrch\fcs0 \b0\insrsid16007168\charrsid12602999
stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and Eidos\rquote proprietary rights shall survive termination.
\par You only own the media on which the Software Product is recorded. Eidos and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
\par }{\rtlch\fcs1 \af0 \ltrch\fcs0 \insrsid16007168\charrsid12602999 This limited warranty is in addition to, and does not affect your statutory rights.
\par Eidos warrants to the original purchaser of this Software Product that the physical medium on w
hich the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of Eidos under this limited warranty wil
l be, at Eidos' sole option, either (a) to return of the
\par purchase price paid; or (b) to repair or, at Eidos\rquote option, to replace free of charge the Software Product that does not meet this limited warranty provided you return the original physical medium in
its original condition to the point of purchase or Eidos at the address specified in the manual accompanying this Software Product, together with a dated proof of purchase, a statement describing the defects and a return address. Eidos will pay the costs
of sending a replacement Software Product to you.
\par
\par 6.2 The limited warranty in paragraph 6.1 above is void and shall not apply to media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of
\par the original warranty period or thirty (30) days, whichever is longer.
\par
\par
\par 6.3 THE LIMITED WARRANTY IN PARAGRAPH 6.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIDOS AND ITS LICENSORS DISCLAIMS ALL OTHER
\par REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTAB
ILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT
\par PREJUDICE TO THE GENERALITY OF THE FOREGOING, EIDOS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
\par
\par 6.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
\par (A) IN NO EVENT SHALL EIDOS OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT
\par OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF EIDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
\par (B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF EIDOS AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
\par
\par 6.5 Nothing in this EULA shall limit or exclude Eidos' liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
\par
\par 6.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
\par
\par
\par
\par 7. Governing Law
\par
\par 7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in acc
ordance with, the laws of England and Wales, unless and to the extent that the laws relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction in
order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.
\par
\par 7.2 If you acquired this Software Product in the {\*\xmlopen\xmlns2{\factoidname country-region}}United States of America{\*\xmlclose} this EULA and any claim or dispute of whatever nature
arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of {\*\xmlopen\xmlns2{\factoidname State}}California{\*\xmlclose}, {\*\xmlopen\xmlns2{\factoidname place}}
\b0\insrsid16007168\charrsid12602999 8.1\tab If you acquired this Software Product in the {\*\xmlopen\xmlns2{\factoidname country-region}}United States of America{\*\xmlclose}
, you will not export or re-export it except as authorized and permitted by the laws and regulations of the {\*\xmlopen\xmlns2{\factoidname country-region}}{\*\xmlopen\xmlns2{\factoidname place}}United States of America{\*\xmlclose}{\*\xmlclose}.
\par 8.2\tab This EULA constitutes the en
tire agreement between Eidos and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a
\par }}\ltrch\fcs0 \b0\f39\uldb\lang1036\langfe1033\langnp1036\insrsid5980793 Toutes les dispositions de ce CLUF concernant les d\'e9n\'e9
g>d supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a
\par PREJUDICE TO THE GENERALITY OF THE FOREGOING, EIDOS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
\par
\par 6.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
\par (A) IN NO EVENT SHALL EIDOS OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT
\par OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF EIDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
\par (B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF EIDOS AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
\par
\par 6.5 Nothing in this EULA shall limit or exclude Eidos' liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
\par
\par 6.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
\par
\par
\par
\par 7. Governing Law
\par
\par 7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in acc
ordance with, the laws of England and Wales, unless and to the extent that the laws relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction in
order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.
\par
\par 7.2 If you acquired this Software Product in the {\*\xmlopen\xmlns2{\factoidname country-region}}United States of America{\*\xmlclose} this EULA and any claim or dispute of whatever nature
arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of {\*\xmlopen\xmlns2{\factoidname State}}California{\*\xmlclose}, {\*\xmlopen\xmlns2{\factoidname place}}
\b0\insrsid16007168\charrsid12602999 8.1\tab If you acquired this Software Product in the {\*\xmlopen\xmlns2{\factoidname country-region}}United States of America{\*\xmlclose}
, you will not export or re-export it except as authorized and permitted by the laws and regulations of the {\*\xmlopen\xmlns2{\factoidname country-region}}{\*\xmlopen\xmlns2{\factoidname place}}United States of America{\*\xmlclose}{\*\xmlclose}.
\par 8.2\tab This EULA constitutes the en
tire agreement between Eidos and you with respect to the license and use of the Software Product anse and use of the Software Product an1a