END-USER LICENSE AGREEMENT (this "License Agreement") is between Ludia, Inc. ("Ludia" or the “Licensor”) and User ("You").
THIS LICENSE AGREEMENT RELATES TO ELECTRONICALLY DOWNLOADED COMPUTER SOFTWARE (ELECTRONIC SOFTWARE DELIVERY SHALL BE REFERRED TO HEREIN AS "ESD"), AND THE ACCOMPANYING USER DOCUMENTATION CONTAINED WITHIN THE DOWNLOADED CONTENT (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU. BY USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND LICENSOR CONCERNING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL THIS SOFTWARE, AND REMOVE ALL PORTIONS OF THE SOFTWARE, IF ANY, THAT HAVE BEEN INSTALLED.
YOU EXPRESSLY AGREE THAT YOU ARE NOT ALLOWED TO DISCLOSE ANY CONTENT, FEATURES OR ANY OTHER INFORMATION CONTAINED IN THE COMPUTER SOFTWARE THAT YOU INSTAL TO ANY THIRD PARTIES, EXCEPT ON APPROVED FORUM AND WEB REPORT FORMS EXCLUSIVELY FOUND ON www.playamericanidol.com
YOU ASLO UNDERSTAND THAT THE COMPUTER SOFTWARE INSTALLED IS A WORK IN PROGRESS AND THAT IT MAY CONTAIN BUGS OR ISSUES.
1. License Grant. Licensor hereby grants to you, and you accept, a non-exclusive and non-transferable license to use the Software in machine-readable, object code form only (collectively referred to as the "Software"). The Software may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use on a local area network or other network is permitted. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement, except that you may permanently transfer all of your rights under this License Agreement, provided that you retain no copies, transfer all of the Software (including all related media and printed materials and any upgrades), and the transferee agrees to the terms of this License Agreement. You agree that you will not reverse assemble, reverse compile, or otherwise translate the Software.
2. Licensor's Rights. You acknowledge and agree that the Software is the proprietary product of Licensor protected under Canadian copyright law. You further acknowledge and agree that all right, title and interest in and to the Software, including any associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Software, but only a revocable limited right of use revocable in accordance with the terms of this License Agreement. You are responsible for, and must use your best efforts to prevent the breaking of these terms by any other person.
3.1. Scope of Rights. You may:
a. Install/download the Software on your computer;
b. Retain the Software CD, if any, for backup purposes;
c. If not copy protected, make one copy of the Software on a second CD for the purpose of backup in the event the Software CD is damaged or destroyed (retaining any copyright and other proprietary notices that appear on the original CD); and
d. Make one copy of the User's Manual for backup purposes so long as any such copies of the Software or the User's Manual include Licensor's copyright and other proprietary notices.
3.2. Restrictions on Use. You may not:
a. Use, copy, modify, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Licensor;
b. Reverse assemble, reverse compile, or otherwise translate the Software;
c. Transfer, lease, assign, or sublicense your rights except for a transfer of the Software in its entirety.
d. Reproduce, republish or reuse any photograph or any other element or content of the Software, individually or in combination, but applicable copyright law may give you such rights. If you are uncertain about your rights, please contact an attorney.
4. Fees and Payments. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement.
5. Term. This License Agreement is effective upon your opening/downloading of this Software, as applicable, and shall continue until terminated. This License Agreement is terminated automatically by Ludia without notice if You fail to adhere to the terms and conditions of this agreement.
Upon such termination by Licensor, you agree to return to Licensor the Software and all copies and portions thereof, and/or to delete from your computer’s hard drive any and all electronic copies of the Software. There shall be no refund in the event of termination under the provisions of this paragraph.
6. Limited Warranty.
a. Excluding the internet website link(s), Ludia warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as "Warranty Period") that the Software is free from defects in material and workmanship. If during the Warranty Period, a defect in the Software appears, you may notify Ludia of such defect for either replacement, or, if so elected by Ludia, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Ludia of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS", AND LUDIA DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. You expressly recognize that you use the Software at your own risk. The Software is provided as is. You are responsible for any costs of repairing and/or correcting the Software. To the extent of what is laid down by the Law, Ludia rejects any warrantee relating to the market value of the Software, Your satisfaction or its capacity to perform a specific use. You are responsible for all risks connected with lost profit, lost data, errors and lost business or other information as a result of owning or using the Software. You are responsible to ascertain that your computer system meets the requirements as described in the documentation that accompanies the Software. As some legislations do not allow for the aforementioned warrantee limitation, it is possible that it does not apply to you.
b. This product may or may not contain hyperlinks to web sites on the World Wide Web (the "Linked Sites"). You acknowledge and agree that if the product contains links, (i) the Linked Sites are not under the control of Ludia; (ii) Ludia is not responsible or liable for the content, advertising, expiration, availability, changes or updates related to any Linked Sites or hyperlink contained in a Linked Site, or any goods or services made available on such Linked Sites; and (iii) Ludia is not responsible for webcasting, software, download or any other form of transmission or media received from any Linked Site. If Linked Sites are offered , they are provided to you only as a convenience, and the inclusion of any Linked Sites does not imply endorsement by Ludia of any such Linked Sites. You acknowledge and agree that Ludia shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any content, goods or services available on or through any such Linked Site.
YOU ASSUME RESPONSIBILITY FOR ALL USE OF OR ACCESS TO LINKED SITES (IF PROVIDED), AND ACCESS THE SAME AT YOUR OWN RISK. LUDIA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR LINKED SITES. LINKED SITESMAY BE MADE AVAILABLE TO YOU AND ARE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY LUDIA, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
Remedies
Your exclusive remedy shall be, at Ludia’s sole option, (i) the refund of the amount you paid for the Software; or (ii) repair or replacement of the Software., provided that, the originally purchased Software (for electronic downloads), proof of the date of purchase is submitted to Ludia within ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the Software is sold "as-is", without any express or implied warranties of any kind.
7. Limitation of Liability.
The cumulative liability of Licensor to you for all claims relating to the Software and this agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the license fee paid to Licensor for use of the Software. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST YOU, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Proprietary Protection. Licensor shall retain sole and exclusive ownership of all right, title, and interest in and to the Software and all modifications and enhancements. This License Agreement does not provide you with title or ownership of the Software, but only a right of limited use.
9. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
10. Severability. In the event that any terms of this License Agreement are or become or are declared to be invalid or void by any court of competent jurisdiction, such determination shall have no effect on the remaining terms of this Agreement, which shall remain in full force and effect.
11. Governing Law. This License Agreement shall be governed by and construed in accordance with the Quebec laws and the federal laws of Canada.. All actions or proceedings seeking the interpretation and/or enforcement of this Agreement shall be brought only in Canadian Federal Courts located in the province of Quebec. Licensor and User hereby submit themselves to the jurisdiction of such courts.
13. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in the event of future breaches.
14. No Adequate Legal Remedy. You acknowledge that, in the event of your breach of any of the foregoing provisions, Licensor will not have an adequate remedy in money or damages. Licensor shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Licensor's right to obtain injunctive relief shall not limit its right to seek further remedies.
15. Disclaimer
WARNING - Seizure
Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV or playing video games, even if they have never had a seizure before. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before playing a video game.
Parents should watch their children play video games. Stop playing and consult a doctor if you or your child has any of the following symptoms:
• Convulsions Eye or muscle twitching Loss of awareness
To reduce the likelihood of a seizure when playing video games:
• Sit or stand as far from the screen as possible.
• Play video games on the smallest available television screen.
• Do not play if you are tired or need sleep.
• Play in a well-lit room.
• Take a 10 to 15 minute break every hour.
Ludia and the Ludia logo are trademarks or registered trademarks of Ludia, Inc.
(c) 2009 Ludia, Inc. All rights reserved.
DirectX:
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
