Komputer for Alle 2001 #15/K-CD_2001-15.iso/Red Faction International/DATA1.CAB/D1_-_Text/license.txt

Text File | 2001-08-03 | 10.8 KB | 184 lines

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THQ Inc. Demo Software License Agreement

1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING
THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT
BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE HAND, AND
THQ INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY REFERRED TO
AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED
"RED FACTION", WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED
MEDIA, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC DOCUMENTATION
(TOGETHER CALLED THE "PROGRAM"). BY INSTALLING, COPYING, OR OTHERWISE
USING THE PROGRAM (OR, IN THE EVENT YOU HAVE PURCHASED THE PROGRAM AS
CONTAINED ON A CD-ROM, BY OPENING THE PACKAGING MATERIALS THEREOF),
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND
AGREE TO BE BOUND BY ITS TERMS.  IF YOU DO NOT AGREE TO THE TERMS OF
THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM AND
DELETE ALL COPIES IN YOUR POSSESSION.

2. Company grants you a non-exclusive, non-transferable license to use
the Program, but retains all property rights in the Program and all
copies thereof.  You may:  (i) use the Program on any supported computer
configuration, provided the Program is used on only one (1) such
computer; and (ii) permanently transfer the Program and its
documentation to another user provided you retain no copies and the
recipient agrees to the terms of this Agreement.  You may not transfer,
distribute, rent, sub-license, or lease the Program or documentation,
except as provided herein; or alter, modify, or adapt the Product or
documentation, or portions thereof.

3. You acknowledge that the Program in source code form remains a
confidential trade secret of Company.  You agree not to modify or
attempt to reverse engineer, decompile, or disassemble the Program,
except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. THIS
PROGRAM IS IN A PREPRODUCTION STATE AND IS NOT YET COMPLETE. YOU MAY
EXPERIENCE PROBLEMS USING THE PROGRAM, AS IS TO BE EXPECTED WITH
INCOMPLETE SOFTWARE STILL IN THE PROCESS OF BEING TESTED.  As a
precaution you should back up your system prior to installation.
Downloading and/or installing this Program indicates that you agree to
the terms of this Agreement and understand the potential issues
associated with using pre-release products.

4. OWNERSHIP: All right, title and interest and intellectual property
rights in and to the Program (including but not limited to any titles,
computer code, themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork, images,
photographs, animations, video, sounds, audio-visual effects, music,
musical compositions, text and "applets," incorporated into the
Program), the accompanying printed materials, and any copies of the
Program, are owned by Company or its licensors. This Agreement grants
you no rights to use such content other than as part of the Program.
All rights not expressly granted under this Agreement are reserved
by Company.

5. This Agreement is effective upon your installation of the Program
and shall continue until revoked by Company or until you breach any
term hereof; upon termination you agree to destroy or delete all
copies of the Program in your possession.

6. You shall not modify the Program or merge the Program into another
computer program (except to the extent the Program is made to operate
within a computer operating system and in connection with other
computer programs) or create derivative works based upon the Program.

7. The Program may not be downloaded or otherwise exported or
re-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 list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. If you do not meet these criteria
or are not sure, do not install the software and destroy any copies
in your possession. If you live in such a country, no license is
granted hereunder.

8. You are responsible for assessing your own computer and the results
to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM
IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION.  COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY AND ITS LICENSORS
ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS
OR OTHER MALFUNCTIONS CAUSED BY COMPANY, ITS LICENSORS, LICENSEE
AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN
ERRORS AND/OR OMISSIONS. Company and its licensors make no warranty
with respect to any related software or hardware used or provided by
Company in connection with the Program except as expressly set
forth above.

9. LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT COMPANY
AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY
ACTION BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR
OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF
THE PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM,
INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL
INJURIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT
AS EXPRESSLY PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS' ENTIRE
LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS
AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE
PROGRAM, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES COMPANY'S
AND ITS LICENSORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

10. INJUNCTION. Because Company would be irreparably damaged if the
terms of this License Agreement were not specifically enforced, you
agree that Company shall be entitled, without bond, other security or
proof of damages, to appropriate equitable remedies with respect to
breaches of this Agreement, in addition to such other remedies as
Company may otherwise have under applicable laws.

11. INDEMNITY. At Company's request, you agree to defend, indemnify
and hold harmless Company, its affiliates, contractors, officers,
directors, employees, agents, licensors, licensees, distributors,
content providers, and other users of the Program, from all damages,
losses, liabilities, claims and expenses, including attorneys' fees,
arising directly or indirectly from your acts and omissions to act in
using the Program pursuant to the terms of this License Agreement or
any breach of this License Agreement by you. Company reserves the
right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you hereunder,
and in such event, you shall have no further obligation to provide
indemnification for such matter.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation
have been developed entirely at private expense and are provided as
"Commercial Computer Software" or "restricted computer software." Use,
duplication or disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1)
and (2) of the Commercial Computer Software Restricted Rights clauses
at FAR 52.227-19, as applicable. The Contractor / Manufacturer is THQ
Inc., 27001 Agoura Road, Suite 325, Calabasas Hills, CA 91301.

13. TERMINATION. Without prejudice to any other rights of Company,
this License Agreement and your right to use the Program may
automatically terminate without notice from Company if you fail to
comply with any provision of this Agreement or any terms and
conditions associated with the Program. In such event, you must
destroy all copies of this Program and all of its component parts.

14. GENERAL PROVISIONS. You may not use, copy, modify, sublicense,
rent, sell, assign or transfer the rights or obligations granted to
you in this Agreement, except as expressly provided in this
Agreement. Any assignment in violation of this Agreement is void,
except that you may transfer your Program to another person provided
that person accepts the terms of this License Agreement. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall not affect the
enforceability of: (i) such provision under other circumstances, or
(ii) the remaining provisions hereof under all circumstances.
Company's failure to enforce at any time any of the provisions of
this Agreement shall in no way be construed to be a present or
future waiver of such provisions, nor in any way affect the right of
any party to enforce each and every such provision thereafter.
The express waiver by Company of any provision, condition or
requirement of this Agreement shall not constitute a waiver of any
future obligation to comply with such provision, condition or
requirement. Notwithstanding anything else in this Agreement, no
default, delay or failure to perform on the part of Company shall be
considered a breach of this Agreement if such default, delay or
failure to perform is shown to be due to causes beyond the reasonable
control of Company. This Agreement shall be governed by the laws of
the State of California and the United States without regard to its
conflicts of laws rules and you consent to the exclusive jurisdiction
of the state and federal courts in Los Angeles County, California.
The United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement. This Agreement represents
the complete agreement concerning this License Agreement between you
and Company.


Red Faction - Game and Software ⌐ 2001 THQ Inc.  Developed by
Volition, Inc.  Red Faction, Volition, Geo-Mod, THQ and their
respective logos are trademarks and/or registered trademarks of
THQ Inc. All Rights Reserved.