Micromanía 85/CDMM85_2.ISO/AvP2 Multiplayer/avp2mpdemo2.exe/Disk1/data1.cab/AVP2_Demo_Files/EULA.txt

Text File | 2001-10-22 | 13.2 KB | 232 lines

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE
USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE
OR CONTACT SIERRA ON-LINE, INC. CUSTOMER SERVICE AT [phone]
FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN 30 DAYS OF THE
ORIGINAL PURCHASE.

This software program ("Aliens Vs. Predator 2 Multiplayer Demo"),
any printed materials, any on-line or electronic documentation,
and any and all copies and derivative works of such software
program (including materials created with a so called level editor,
if included) and materials are the copyrighted works of Twentieth
Century Fox Film Corporation ("Fox") and is distributed by Sierra
On-Line, Inc., a division of Vivendi Universal Interactive
Publishing North America, Inc. All rights reserved, except as
expressly stated herein.  All use of the Program is governed by
the terms of this End User License Agreement 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. Sierra On-Line, Inc. ("Sierra") 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 use on either a home, business
    or portable computer. In addition, the Program may have a multi-
    player capability that allows users to utilize the Program over
    the Internet via SierraÆs online game network Sierra.com or
    other gaming network. Use of the Program over Sierra.com is
    subject to your acceptance of Sierra.comÆs Terms of Use
    Agreement. Sierra On-Line, Inc. reserves the right to update,
    modify or change the Sierra.com Terms of Use Agreement at any
    time. The Program may also contain a Level Editor (the "Editor")
    that allows you to create custom levels or other materials for
    your personal use in connection with the Program ("New
    Materials"). All use of the Editor or any New Materials is
    subject to this License Agreement. 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,
    themes, objects, characters, character names, stories, 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 Fox 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 contains
    certain licensed materials and Fox and its licensors may 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, modify, disassemble,
        decompile, create derivative works based on the Program, or
        remove any proprietary notices or labels on the Program
        without the prior consent, in writing, of Sierra.

        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 use, but
        you are not entitled to:

            (i) sell, grant a security interest in or transfer
            reproductions of the Program to other parties in any
            way, nor to rent, lease or license the Program to others
            without the prior written consent of Sierra.

            (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
            location-based site. Sierra may offer a separate Site
            License Agreement to permit you to make the Program
            available for commercial use.  Please contact Sierra for
            details;

            (iii) host or provide matchmaking services for the
            Program or emulate or redirect the communication
            protocols used by Sierra in the network feature 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 purpose including, but not
            limited to network play over the Internet, network play
            utilizing commercial or non-commercial gaming networks
            or as part of content aggregation networks without the
            prior written consent of Sierra;

            (iv) create or maintain, under any circumstance, more
            than one simultaneous connection to Sierra.com. All such
            connections to Sierra.com, whether created by the
            Program or by other tools and utilities, may only be
            made through methods and means expressly approved by
            Sierra On-Line, Inc. Under no circumstances may you
            connect, or create tools that allow you to connect to
            Sierra.comÆs private binary interface or interfaces
            other than those explicitly provided by Sierra On-Line,
            Inc. for public use.

    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. Sierra 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 DepartmentÆs list of Specially
    Designated Nationals or the U.S. Commerce DepartmentÆs 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. Sierra and Fox expressly disclaim any
    warranty for the Program, Editor and Manual(s). The Program,
    Editor 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. The entire risk
    arising out of use or performance of the Program and Manual(s)
    remains with the User, however Sierra warrants up to and
    including 90 days from the date of your purchase of the Program
    that the media containing the Program shall be free from defects
    in material and workmanship. In the event that the media proves
    to be defective during that time period, and upon presentation
    to Sierra of proof of purchase of the defective Program, Sierra
    will at its option 1) correct any defect, 2) provide you with a
    product of equal or lesser value, or 3) refund your money. Some
    states do not allow the exclusion or limitation of implied
    warranties or liability for incidental damages, so the above
    limitations may not apply to you.

    8. Limitation of Liability. NEITHER FOX, SIERRA, VIVENDI
    UNIVERSAL INTERACTIVE PUBLISHING NORTH AMERICA, INC. ,OR THEIR
    PARENTS, SUBSIDIARIES OR AFFILIATES, SHALL BE LIABLE IN ANY WAY
    FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE
    PROGRAM OR USE OF SIERRA ON-LINE, INC.ÆS ONLINE GAME NETWORK,
    SIERRA.COM  INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
    WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
    OTHER COMMERCIAL DAMAGES OR LOSSES. SIERRA FURTHER DISCLAIMS ALL
    WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
    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. FURTHER,
    SIERRA ON-LINE, INC. SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS
    OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER
    PROFILE INFORMATION STORED ON SIERRA.COM. I UNDERSTAND AND
    ACKNOWLEDGE THAT SIERRA ON-LINE, INC. CANNOT AND WILL NOT BE
    RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE ON SIERRA.COM
    INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR
    HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS
    OF DATA OR DISRUPTION OF SERVICE. 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.

    9. Equitable Remedies. You hereby agree that Fox and/or Sierra
    would be irreparably damaged if the terms of this License
    Agreement were not specifically enforced, and therefore you
    agree that Fox and/or Sierra 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 Fox and/or Sierra may
    otherwise have available to it under applicable laws. In the
    event any litigation is brought by either party in connection
    with this License Agreement, the prevailing party in such
    litigation shall be entitled to recover from the other party all
    the costs, attorneysÆ fees and other expenses incurred by such
    prevailing party in the litigation.

    10. Limitations on License.  Nothing in this License Agreement
    shall preclude you from making or authorizing the making of
    another copy or adaptation of the Program provided, however,
    that (1) such new copy or adaptation is created as an essential
    step in your utilization of the Program in accordance with the
    terms of this License Agreement and for NO OTHER PURPOSE; or (2)
    such new copy or adaptation is for archival purposes ONLY and
    all archival copies are destroyed in the event of your Transfer
    of the Program, the Termination of this Agreement or other
    circumstances under which your continued use of the Program
    ceases to be rightful.

    11. Miscellaneous. This License Agreement shall be deemed to
    have been made and executed in the State of California and any
    dispute arising hereunder shall be resolved in accordance with
    the law of California. 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 California, County of Los Angeles,
    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, 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. This License Agreement constitutes and contains the
    entire agreement between the parties with respect to the subject
    matter hereof and supersedes any prior oral or written
    agreements.

I hereby acknowledge that I have read and understand the foregoing
License Agreement and agree that the action of installing the
Program is an acknowledgment of my agreement to be bound by the
terms and conditions of the License Agreement contained herein. I
also acknowledge and agree that this License Agreement is the
complete and exclusive statement of the agreement between Sierra and
I and that the License Agreement supersedes any prior or
contemporaneous agreement, either oral or written, and any other
communications between Sierra and myself.