IMPORTANT--PLEASE READ CAREFULLY. This End-User License Agreement (the "EULA") is a legal agreement between The 3DO Company, a California corporation ("3DO") and you, the recipient of a pre-release demo copy ("You"), which product includes computer software and the associated audiovisual works, and may include printed materials, and electronic or "online" documentation and/or related items (collectively, the "Software Product"). By installing, copying, or otherwise using the Software Product, You agree to be bound by the terms and conditions of this EULA. If You do not agree to all of the provisions of this EULA, do not install or copy or otherwise use the Software Product. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), PLEASE HAVE A PARENT OR GUARDIAN READ THE ENTIRE EULA PRIOR TO INSTALLING OR COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT.
1. License Grant. 3DO hereby grants You a non-exclusive license to use the Software Product solely in accordance with the terms and subject to the conditions of this EULA. The Software Product incorporates various intellectual property rights, that may, include, without limitation, copyrights, trademarks, patents, trade secrets and other proprietary rights (collectively, the "Intellectual Property Rights"). While You have been provided with a copy of the physical media on which the Software Product is distributed, 3DO retains all rights, title and interests in and to the computer software comprising the Software Product and all Intellectual Property Rights embodied therein.
2. Rights and Restrictions. The Software Product is protected by U.S. and foreign copyright laws and international copyright treaties, as well as by other such intellectual property laws and treaties. The Software Product is licensed (and not sold) to You, and any and all rights not expressly granted to You herein are reserved by 3DO.
Installation. You may install and use one copy of the Software Product on your personal computer, and, if You also own a separate, portable computer, a second copy of the Software Product may be installed and used on such portable computer for your exclusive use. Except as expressly set forth in the user manual or other documentation for this 3DO Software Product, the installed copies of the Software Product that You are entitled to create hereunder may not be shared or otherwise used simultaneously on more than one computer.
Archival Copy. You may make one copy of the Software Product solely for archival (i.e., back-up) purposes, provided that all copyright and other proprietary notices are included in such back-up copy. Any copying or reproduction of the Software Product (or any portion thereof) except as permitted by this paragraph and/or the preceding paragraph is strictly prohibited. You are not entitled to copy any of the printed materials contained in or that accompany the Software Product.
Reverse Engineering. You shall not adapt or otherwise modify, create any derivative work, or decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code from, the Software Product (or any portion thereof) except and only to the extent that, notwithstanding such limitation, said activity is expressly permitted by applicable law.
Rental. You do not have the right to publicly perform, rent, lease, loan, or sublicense the Software Product, or to otherwise provide any third party with access to and the opportunity to use the Software Product.
Support Services. 3DO may provide You with support services relating to the Software Product (collectively, "Support Services"). Your use of any such Support Services shall be subject to 3DO's applicable policies and programs described in the end-user manual for the Software Product, in "online" documentation (if any), and in other such materials published by 3DO. Any supplemental computer software (if any) provided by 3DO as part of its Support Services shall be considered part of the Software Product for all intents and purposes and shall be governed by the provisions of this EULA. Any information that You disclose or provide in connection with the Support Services may be used by 3DO for its business purposes, including, but not limited to, product development and support.
Upgrades. 3DO may from time to time, at its sole discretion, make an upgrade or other such revised version of the Software Product (an "Upgrade") available and notify You of the applicable terms and conditions for receiving any such Upgrade, which may require You to return certain components of the Software Product prior to receiving the subject Upgrade.
Component Parts. The Software Product is licensed for use as a single product, and the component parts of the Software Product may not be separated for use in any other application(s) or for use on more than one computer.
Non-Assignment. You may not assign or otherwise transfer the Software Product or any of your rights under this EULA.
3. NO WARRANTIES. THE SOFTWARE PRODUCT AND ANY UPGRADE THERETO IS/ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE. 3DO AND ITS SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SOFTWARE PRODUCT AND ANY UPGRADE THERETO.
4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3DO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO, EVEN IF 3DO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND YOU HEREBY ASSUMES ALL RISK AS TO THE QUALITY, PERFORMANCE, OPERATION OF AND/OR INABILITY TO OPERATE THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO. IN NO EVENT SHALL 3DO'S LIABILITY HEREUNDER EXCEED THE PRICE WHICH YOU PAID FOR THE ITEM(S) WHICH IS/ARE THE SUBJECT OF ANY CLAIMED LIABILITY
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and all Upgrades (if any) thereto are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. "Manufacturer", as such term is used therein, is The 3DO Company, 600 Galveston Drive, Redwood City, California, 94063, U.S.A.
6. TERMINATION. Without prejudice to any of 3DO's other rights and remedies under applicable law, 3DO, at its discretion, may terminate this EULA immediately if You fail to comply with any of the terms or conditions of this EULA. In the event this EULA is terminated, You must destroy all copies of the Software Product (including all components thereof) and of each Upgrade thereto.
7. GOVERNING LAW. This EULA shall be governed by and construed under the laws of the State of California, excluding that body of law related to choice of laws, and of the United States of America.
8. Entire Agreement. This EULA constitutes the entire agreement and understanding of the parties relating to the subject matter hereof. The headings of the Sections and subsections of this EULA are for convenience of reference only and shall not be of any effect in construing the meanings of any Section or provision hereof. If any provision of this EULA (or part thereof) is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, such provision (or part thereof) shall be deemed deleted from this EULA, while the remaining provisions of this EULA shall continue in full force and effect. No failure or delay by either party in exercising any right, power or remedy under this EULA shall operate as a waiver of any such right, power or remedy.
BY CLICKING THE "YES" BUTTON WHICH APPEARS BELOW, YOU ARE PROVIDING A SYMBOL OF YOUR LEGAL SIGNATURE AND ACKNOWLEDGING AND ACCEPTING ALL OF THE PROVISIONS OF THIS EULA.
IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), PLEASE HAVE A PARENT OR GUARDIAN READ THIS ENTIRE EULA PRIOR TO INSTALLING OR COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT.
