home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
LAUNCH 30
/
LAUNCH 30.iso
/
pc
/
AUSTIN_DEMO
/
EULA.TXT
next >
Wrap
Text File
|
1999-04-29
|
11KB
|
184 lines
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF
THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE AND MUST IMMEDIATELY RETURN
IT FOR A REFUND FROM YOUR RETAILER OR BERKELEY.
This software program, any printed materials, any on-line or electronic
documentation, and any and all copies and derivative works of such software
program and materials (the "Program") are the copyrighted work of Berkeley
Systems, Inc., its subsidiaries, licensors and/or its suppliers. All use of
the Program is governed by the terms of the End User License Agreement which
is provided below ("License Agreement"). The Program is solely for use by end
users according to the terms of the License Agreement. Any use, reproduction
or redistribution of the Program not in accordance with the terms of the
License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Berkeley Systems, Inc. ("Berkeley") hereby grants,
and by installing the Program you thereby accept, a limited, non-exclusive
license and right to install and use one (1) copy of the Program for your
personal use on either a home or portable computer. You may not network the
Program or otherwise install it or use it on more than one computer at a time.
The Program is licensed, not sold. Your license confers no title or ownership
in the Program.
2. Ownership. All title, ownership rights and intellectual property rights in
and to the Program and any and all copies thereof (including but not limited
to any titles, computer code, data, themes, objects, characters, character
names, stories, text, dialog, catch phrases, locations, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and "applets" incorporated
into the Program) are owned by Berkeley or its Licensors. The Program is
protected by the copyright laws of the United States, international copyright
treaties and conventions and other laws. All rights are reserved. The Program
may contain certain licensed materials and Berkeley and/or its licensors may
act to protect their rights in the event of any violation of this Agreement.
3. Responsibilities of End User.
A. Subject to the grant of license hereinabove, you may not, in whole or in
part, copy, photocopy, reproduce, translate, reverse engineer, derive source
code from, modify, disassemble, decompile, or create derivative works based
on the Program, or remove any proprietary notices or labels on the Program.
B. The Program is licensed to you as a single product. Its component parts
may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own personal use,but you are
not entitled to:
(i) sell or transfer reproductions of the Program to other parties in
any way, nor to rent, lease or license the Program to others;
(ii) exploit the Program or any of its parts for any commercial purpose
including, but not limited to, use at a cyber cafΘ, computer gaming center
or any other network or location-based site; or
(iii) host or provide matchmaking services for the Program or emulate or
redirect the communication protocols used by Berkeley in the network feature,
if any, of the Program, through protocol emulation, tunneling, modifying or
adding components to the Program, use of a utility program or any other
techniques now known or hereafter developed, for any commercial purpose
including, but not limited to commercial network play over the Internet,
network play utilizing commercial gaming networks or as part of content
aggregation networks.
D. You must back-up to another secure location, on a regular basis, any data
files concerning your use of the Program as Berkeley has no liability for lost
or corrupted data.
4. Program Transfer. You may permanently transfer all of your rights under
this License Agreement, provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program from your home or
portable computer.
5. Termination. This License Agreement is effective until terminated. You
may terminate the License Agreement at any time by destroying the Program.
Berkeley may, at its discretion, terminate this License Agreement in the
event that you fail to comply with the terms and conditions contained herein.
In such event, you must immediately destroy the Program.
6. Export Controls. The Program may not be re-exported, downloaded or
otherwise exported into (or to a national or resident of) any country to
which the U.S. has embargoed goods, or to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. By installing the Program, you are
agreeing to the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or resident of any
such country or on any such list.
7. Limited Warranty. BERKELEY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE
PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. BERKELEY FURTHER DISCLAIMS ALL
WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE. SPECIFICALLY,
BERKELEY MAKES NO WARRANTIES THAT THE PERFORMANCE OR FUNCTIONALITY OF THE
PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO, DURING OR AFTER THE YEAR
2000, OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY PROCESSING, PROVIDING,
AND/OR RECEIVING DATE INFORMATION WITHIN AND BETWEEN CENTURIES, INCLUDING
THE PROPER EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS OR APPLICATIONS.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3)
OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE
IS EXPRESSLY DISCLAIMED. The entire risk arising out of use or performance
of the Program remains with you, however Berkeley warrants up to and including
90 days from the date of your purchase of the Program that the master disk on
which the Program is furnished shall be free from defects in material and
workmanship. In the event that the master disk proves to be defective during
that time period, and upon presentation to Berkeley of proof of purchase of
the defective Program, Berkeley will at its option 1) correct any defect, 2)
provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. NEITHER BERKELEY, ITS PARENT, SUBSIDIARIES,
AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF
ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED
TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DATA
LOSS, DATA CORRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, or allow limitations on how long an implied warranty
lasts, so the above limitations may not apply to you.
9. Equitable Remedies. You hereby agree that Berkeley would be irreparably
damaged if the terms of this License Agreement were not specifically
enforced, and therefore you agree that Berkeley shall be entitled, without
bond, other security, or proof of damages, to appropriate equitable remedies
with respect to breaches of this License Agreement, in addition to such other
remedies as Berkeley may otherwise have available to it under applicable laws.
10. Miscellaneous. This License Agreement shall be deemed to have been made
and executed in the State of Washington and any dispute arising hereunder
shall be resolved in accordance with the law of the State of Washington.
You agree that any claim asserted in any legal proceeding by one of the
parties against the other shall be commenced and maintained in any state
or federal court located in the State of Washington, King County, having
subject matter jurisdiction with respect to the dispute between the parties.
This License Agreement may be amended, altered or modified only by an
instrument in writing specifying such amendment, alteration or modification,
which is executed by both parties. In the event that any provision of this
License Agreement shall be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provision will be enforced to the
maximum extent permissible and the remaining portions of this License
Agreement shall remain in full force and effect.
You hereby acknowledge that you have read and understand the foregoing
License Agreement and agree that the action of installing the Program
is an acknowledgment of your agreement to be bound by the terms and
conditions of the License Agreement contained herein. You also acknowledge
and agree that this License Agreement is the complete and exclusive statement
of the agreement between Berkeley and you and that the License Agreement
supersedes any prior or contemporaneous agreement, either oral or written
(including inconsistent statements in written materials and online help
accompanying the Program), and any other communications between Berkeley
and you.
THE BERKELEY NO-RISK GUARANTEE
The Promise: We want you to be happy with every Berkeley product you purchase
from us. Period. If for any reason you're unhappy with the Program, return it
within 90 days of your purchase for an exchange or a full refund.
The Only Catch: You've got to tell us why you don't like the Program. Otherwise,
we'll never get any better. Send the Program back to us within 90 days of your
purchase, postage prepaid, along with your original, dated sales receipt and we
promise we'll make things right.
Disk and or Manual Replacement:
Berkeley Fulfillment
4100 West 190th Street
Torrance, CA 90504
Product Returns:*
Berkeley Returns
4100 West 190th Street
Torrance, CA 90504
*Returns valid in North America only.
NOTE: To replace defective CD-ROM(s) please send all CD-ROM(s)and a copy of
your dated receipt to the above fulfillment address, if less then 90 days from
your purchase. After 90 days from your purchase, for replacement of defective
Programs, you must also include a $10.00 check payable to Berkeley Systems, Inc.
for shipping and handling fees along with all CD-ROM(s). For replacement
Program documentation, you must include a $5.00 check payable to Berkeley
Systems, Inc. for shipping and handling fees and a photocopy of the jewel case
from the Program. Payment must be made at the time of your request. Sorry,
no credit cards. Returns to this address valid in North America only.