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license.txt
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1997-09-02
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9KB
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YOU MUST READ THIS PRODUCT LICENSE (THIS "LICENSE") CAREFULLY.
BY USING THIS SOFTWARE AND CLICKING THE "AGREED" ICON BELOW,
YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS
LICENSE AND ARE AGREEING TO BE BOUND BY ITS TERMS. IF YOU DO
NOT AGREE TO THESE TERMS, YOU MAY CLICK THE "DENIED" ICON BELOW
AND PROMPTLY RETURN THE UNUSED SOFTWARE AND RELATED MATERIALS
TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
1. GRANT OF LICENSE. Virgin Interactive Entertainment, Inc.
hereby grants you (either an individual or an entity), the end
user, the limited, non-transferable right to use this one copy
of this software/cartridge product, and any accompanying
electronic files and printed materials (collectively the
"Product"), on any single computer or game platform only for
your personal use and enjoyment. This License is your proof of
license to exercise the rights granted herein and must be
retained by you. Virgin may terminate this License immediately
if you fail to comply with any of the terms contained herein.
2. COPYRIGHT AND RESTRICTIONS. You have no ownership rights
to the Product. The Product is owned by Virgin and/or its
suppliers and is protected by the United States copyright laws
and international treaty provisions. Virgin retains all rights
not expressly granted herein. You must therefore treat the
Product like any other copyrighted material (e.g. a book or
musical recording).
The Product is licensed to you only for your personal use and
enjoyment and may not be used for any commercial purpose whatsoever.
You may not loan, rent, lease, give, sell, offer for sale,
sublicense or otherwise transfer the Product, or any portion of
the Product or anything incorporated therein, including any screen
display, sound or accompanying documentation, to any third party,
nor may you permit any other person to use the Product in exchange
for remuneration. Further, you may not place the Product on a
computer system that would allow multiple users to access it.
Notwithstanding the foregoing, in one case you may transfer your
rights under this License on a permanent basis provided you
transfer this License and the Product, including all accompanying
printed materials, while retaining no copies, and the recipient
agrees to the terms of this License. If the Product is an update,
any transfer must include this update and all prior revisions.
You also may not copy, modify, adapt, translate, create derivative
works of, publicly perform, publicly display, distribute, transmit,
decompile, disassemble, or otherwise reverse engineer or attempt
to reverse engineer or derive source code from, all or any portion
of the Product or anything incorporated therein, including any
screen display, sound or accompanying documentation, or permit or
encourage any third party to do so. Notwithstanding the foregoing,
if the Product contains personal computer software, you may either
(a) make one copy of the software solely for backup or archival
purposes, or (b) transfer the software to a single hard disk
provided you keep the original solely for backup or archival
purposes. Further, if the Product contains a map or level editor,
you may use the editor in accordance with the instructions in the
accompanying documentation to create maps or levels for your
personal use and enjoyment, and you may allow others to use such
maps or levels for their personal use and enjoyment, but in no
event may such maps or levels be exploited commercially in any
manner, by you or any other person or entity.
Without limiting the generality of the foregoing restrictions,
specifically you may not offer the Product on a pay-per-play basis
or on a computer system or network to which you lease or rent
access to others, electronically distribute the Product, or any
portion of the Product or anything incorporated therein, including
any screen display, sound or accompanying documentation, or, if
the Product contains a map or level editor, sell or permit any
third party to sell maps or levels you create for use with the
Product. Commercial exploitation licenses are available in certain
circumstances. Please contact Virgin in the manner set forth at
the end of this License for more information.
3. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product, including
all accompanying written materials, are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in Restricted Rights in
Technical Data and Computer Software Clause at FAR 52.227-7013(c)
(1)(ii) or FAR 52.227-19. Publisher is Virgin Interactive
Entertainment, Inc. 18061 Fitch Avenue, Irvine, California, 92614.
4. LIMITED WARRANTY. You expressly acknowledge and agree that
use of the Product is at your sole risk. The Product is provided
"as is" and without warranty of any kind, except that Virgin
warrants that the software/cartridge will perform substantially in
accordance with the accompanying written materials for a period of
ninety (90) days from the date of the Product's initial purchase.
Any implied warranties on the Product are limited to ninety (90)
days. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION
OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. NO OTHER WARRANTIES. VIRGIN DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR, TO THE EXTENT PERMISSIBLE BY LAW, STATUTORY,
INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PRODUCT.
VIRGIN DOES NOT WARRANT THAT THE PRODUCT WILL SATISFY THE REQUIREMENTS
OF YOUR COMPUTER SYSTEM OR THAT THE PRODUCT IS WITHOUT DEFECT OR ERROR
OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED.
6. CUSTOMER REMEDIES. Virgin's entire liability and your exclusive
remedy shall be, at Virgin's option, either (a) return of the price
paid for the Product or (b) repair or replacement of the Product that
does not meet the Limited Warranty set forth in Section 4, and that is
returned to Virgin with a copy of your receipt. In no event shall
Virgin's liability with respect to this limited warranty exceed the
cost of replacement of the media on which the Product is recorded.
The Limited Warranty set forth in Section 4 is void if failure of the
Product has resulted from accident, abuse, misapplication or any
wrongful act by you. Any replacement of the Product will be warranted
for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Neither these remedies nor any product support
services offered by Virgin are available for this U.S.A. version
Product outside of the United States of America.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL VIRGIN OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, CONSEQUENTIAL, SPECIAL, INDIRECT, DIRECT, INCIDENTAL,
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE PRODUCT, EVEN IF VIRGIN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND/OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL VIRGIN'S LIABILITY BY OPERATION OF
LAW, IF ANY, BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT.
THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU
OF ALL OTHERS, ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
NO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE
ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
8. GENERAL. This License sets forth the entire agreement between
the parties with respect to the subject matter hereof and supersedes
all prior negotiations, understandings and agreements, whether written
or oral, between the parties hereto concerning the subject matter
hereof. This License is governed by the laws of the State of
California. This License is severable. Should any provision of this
License be held to be void, invalid or unenforceable, the remaining
provisions hereof shall not be affected and shall continue in effect
as though such unenforceable provision(s) have been deleted herefrom.
The name of this License and the headings of the sections of this
License are inserted merely for convenience and shall not be used or
relied upon in or in connection with the construction or
interpretation of this License. For more information about
Virgin's licensing policies, please write: Virgin Interactive
Entertainment, Inc., 18061 Fitch Avenue, Irvine, CA 92614, attn.:
Legal Affairs.
IF YOU AGREE WITH THE FOREGOING TERMS AND CONDITIONS, PLEASE CLICK
ON THE "AGREED" ICON. OTHERWISE, CLICK THE "DENIED" ICON BELOW AND
PROMPTLY RETURN THE UNUSED SOFTWARE AND RELATED MATERIALS TO THE
PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
For a printed version of this license, see the LICENSE.TXT file
stored on the Product media.