END-USER LICENSE AGREEMENT FOR MONSTER TRUCK MADNESS ADD-ON TRACKS
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, down-loading, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you a nonexclusive license to use and to distribute to others for their personal noncommercial use this SOFTWARE PRODUCT subject, to the following conditions:
a) You may not distribute this SOFTWARE PRODUCT for any commercial purpose;
b) Any distribution of the SOFTWARE PRODUCT must be in its complete form;
c) You may not alter the SOFTWARE PRODUCT in any manner;
d) No copyright, trademark or attribution information may be removed from the SOFTWARE PRODUCT;
e) You may not modify, decompile, disassemble, or reverse engineer the SOFTWARE PRODUCT, or use or disclose any confidential information that it contains.
2) COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. This SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. All rights not expressly granted herein are reserved by Microsoft.
3) Use of the SOFTWARE PRODUCT. Although this license grants the user the right to distribute copies of the SOFTWARE PRODUCT to other parties, in order to receive current versions, it is highly recommended that third parties download their copy from Microsoft's web site located at http://www.microsoft.com/games/monster
4) TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
5) U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government 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 Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
6) THIS SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE PRODUCT FOR ANY PURPOSE. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SOFTWARE PRODUCT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SOFTWARE PRODUCT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MICROSOFT'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, AT MICROSOFT'S OPTION, SHALL BE THE COST OF THIS SOFTWARE PRODUCT OR ITS REPLACEMENT WITH ANOTHER COPY OF THE SOFTWARE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. HOLD HARMLESS. As a condition of your use of this SOFTWARE PRODUCT, you, agree to hold Microsoft and its suppliers harmless from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use or distribution of this SOFTWARE PRODUCT, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
8. This EULA shall be governed by the laws of the State of Washington, United States of America and you consent to jurisdiction and venue in the state and federal courts in King County, Washington, U.S.A. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party (as specifically determined by the court) shall be entitled to recover its costs, including reasonable attorney's fees.
