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Nerf Arena Blast
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License.txt
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1999-09-03
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10KB
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183 lines
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a
legal agreement between you, the end-user, and Visionary Media, Inc.
("VMI"). By continuing the installation of this program entitled Nerf
ArenaBlast Beta, by loading or running the game program, or by placing
or copying the program onto your computer hard drive, computer RAM or
other storage, you are agreeing to be bound by the terms of this
Agreement.
1) Definitions.
a) "The Software" means the computer program commonly known as Nerf
ArenaBlast. "Software" includes all elements of the Software such as
data files, images appearing in the Software and screen displays.
b) "Beta" means this version of the Software, which is a pre-release
version and intended for test purposes only.
c) "Materials" means any images, documents, and sounds accompanying
this product.
d) "Hasbro" and "VMI" refer to Hasbro Interactive, Inc. and Visionary
Media, Inc., respectively.
2) Grant of License for Software. Subject to the terms and conditions
of this Agreement, Hasbro and VMI grant to you the non-exclusive and
limited right to use the software program entitled Nerf ArenaBlast in
executable or object code form only (the "Software") for demonstration
purposes only. You are not receiving any ownership or proprietary
right, title or interest in or to the Software or the copyright,
trademarks, or other rights related thereto. For purposes of this
section, "use" means loading the Software into RAM and/or onto computer
hard drive, as well as installation of the Software on a hard disk or
other storage device.
3) Software Distribution. THIS SOFTWARE MAY NOT BE COPIED OR
DISTRIBUTED IN ANY FORM UNDER ANY CIRCUMSTANCES OTHER THAN WHEN LOADED
FROM ITS ORIGINAL CD ONTO A SINGLE COMPUTER FOR DEMONSTRATION.
4) You agree that the Software will not be shipped, transferred or
exported into any country in violation of the U.S. Export
Administration Act (or any other law governing such matters) by you or
any one at your direction and that you will not utilize and will not
authorize anyone to utilize, in any other manner, the Software in
violation of any applicable law. The Software may not be exported or
reexported into (or to a national or resident of) any country to which
the U.S. has embargoed goods or to anyone or into any country who/which
are prohibited, by applicable law, from receiving such property.
6) Prohibitions with Regard to Software. You, either directly or in-
directly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software;
f. in any other manner and through any medium whatsoever commercially
exploit the Software or use the Software for any commercial purpose;
g. disassemble, reverse engineer, disassemble, decompile, modify or
alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 7);
j. publicly display the Software; or
k. prepare or develop derivative works based upon the Software.
7) Permitted Copying. You may make only the following copies of the
Software: (i) you may copy the Software onto your computer hard drive;
(ii) you may copy the Software from your computer hard drive into your
computer RAM; and (iii) you may make one (1) "back up" or archival copy
of the Software on one (1) hard disk.
8) Intellectual Property Rights. The Software, including the Nerf
Images, and all materials accompanying the Software (the "Materials")
and all copyrights, trademarks and all other conceivable intellectual
property rights related to the Software, the Materials and the Nerf
Images are owned by Hasbro Interactive and/or Visionary Media, Inc. and
are protected by United States copyright laws, international treaty
provisions and all applicable law, such as the Lanham Act. You must
treat the Software, the Materials and the Nerf Images like any other
copyrighted material, as required by 17 U.S.C., 101 et seq. and other
applicable law. You agree to use your best efforts to see that any
user of the Software licensed hereunder, or the Materials complies
with this Agreement. You agree that you are receiving a copy of the
Software, including the Nerf Images, and the Material by license only
and not by sale and that the "first sale" doctrine of 17 U.S.C. º109
does not apply to your receipt or use of the Software, the Materials or
any Nerf Images. This section 5. shall survive the cancellation or
termination of this Agreement.
9) No Hasbro or VMI Warranties. HASBRO AND VMI DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS AND THE
NERF IMAGES. VMI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS,
WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY VMI AND SHOULD
NOT BE RELIED UPON. This section 9 shall survive the cancellation or
termination of this Agreement.
10) Venue and Liability Limitation. The rights and obligations under
this Agreement shall be governed by the laws of the State of California
excluding its conflicts of law rules and United States law and
international treaties governing copyrights. The application to this
Agreement of the United Nations Convention on Contracts for the
International Sale of Goods is hereby expressly excluded. The parties
hereby consent and agree that the United States District Court for the
Central District of California, Southern Division or the Orange County
Superior Court will have exclusive jurisdiction over any legal action
or proceeding arising out of or relating to this Agreement, and each
party consents to the personal jurisdiction of such courts for the
purpose of any such action or proceeding. Each party hereby waives all
rights it has or which may hereafter arise to contest such exclusive
jurisdiction.
11) IN ANY CASE, NEITHER HASBRO OR VMI, NOR ANY OF THEIR OFFICERS,
EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
(EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF
DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
LIABILITY, OR OTHER LEGAL THEORY EVEN IF VMI OR ITS AGENT(S) HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE
FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. This section 11 shall survive the cancellation or
termination of this Agreement.
12) U.S. Government Restricted Rights. To the extent applicable, the
United States Government shall only have those rights to use the
Software, the Materials and Nerf Images as expressly stated and
expressly limited and restricted in this Agreement, as provided in 48.
C.F.R. ºº 227.7202-1 through 227.7204. The Software and 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 Clause at FAR 52.227-7013(c)(1)(ii) or FAR 52.227-19.
13) General Provisions. Neither this Agreement nor any part or portion
hereof shall be assigned or sublicensed by you. VMI may assign its
rights under this Agreement in its sole discretion. Should any
provision of this Agreement be held to be void, invalid, unenforceable
or illegal by a court, the validity and enforceability of the other
provisions shall not be affected thereby. If any provision is
determined to be unenforceable, you agree to a modification of such
provision to provide for enforcement of the provision's intent, to the
extent permitted by applicable law. Failure of VMI to enforce any
provision of this Agreement shall not constitute or be construed as a
waiver of such provision or of the right to enforce such provision. If
you fail to comply with or breach any term or condition of this
Agreement, YOUR LICENSES AND THIS AGREEMENT ARE AUTOMATICALLY
TERMINATED, WITHOUT NOTICE. In the event this Agreement is terminated,
you shall have no right to use the Software in any manner, and you
shall immediately destroy all copies of the Software in your
possession, custody or control.
14) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY
PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN
VMI AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS
AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR
UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN VMI AND YOU
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
(c) Copyright 1999 Hasbro Interactive, Inc., and Visionary Media, Inc.
All rights reserved
June 16, 1999