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

Text File | 2001-08-03 | 10.8 KB | 170 lines

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.