GameStar 2005 April/Gamestar_72_2005-04_dvd.iso/Dema/Demo_Larry/Data1.cab/EULA.txt

Text File | 2004-09-16 | 12KB | 214 lines

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER
LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE
PROGRAM.

This software program, any printed materials, any on-line or electronic
documentation, and any and all copies and derivative works of such
software program and materials (the "Program") are the copyrighted work
of Vivendi Universal Games Intl., its subsidiaries, licensors and/or its
suppliers. All use of the Program is governed by the terms of the End
User License Agreement which is provided below ("License").  The Program
is solely for use by end users according to the terms of the License.
Any use, reproduction or redistribution of the Program not in accordance
with the terms of the License is expressly prohibited.


END USER LICENSE AGREEMENT

1. Limited Use License.
Vivendi Universal Games Intl. ("the Licensor") 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 or portable computer, or if applicable on your
console (regular or handled). You may not network the Program or
otherwise install it or use it on more than one computer at a time,
except if expressly authorised otherwise in the applicable documentation
which you should refer to if:
(a) The Program contains a Level Editor ("Editor") that allows you to
create custom levels or other materials for your personal use in
connection with the Program ("New Materials").
(b) The Program has a multi-player capability
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
relating to the Program and any and all copies thereof (including but
not limited to any titles, computer code, themes, objects, characters,
character names, stories, dialogue, 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 the Licensor or
its licensors.  The Program is protected by the English copyright laws,
international copyright treaties and conventions and any other
applicable laws. All rights are reserved. The Program may contain
certain licensed materials and the Licensor's licensors may act to
protect their rights in the event of any violation of this Agreement.

3. Responsibilities of End User.

A. Subject to the Grant of License herein above, 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 the Licensor.

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 Licensors prior written consent;

(ii) publish and/or distribute the computer images, sound, files, fonts,
graphics, clipart, animations, photographs, databases or other content
of the Program; use any of the computer images related to identifiable
individuals or entities in a manner which suggests their association
with or endorsement of any product or services;

(iii) exploit the Program or any of its parts, computer images, sound
files, fonts, graphics, clipart, animations, photographs, databases or
other content in the Program, for any commercial purpose including, but
not limited to, use at a cyber cafΘ, computer gaming centre or any other
location-based site;

(iv) host or provide matchmaking services for the Program or emulate or
redirect the communication protocols used by the Licensor in the network
feature of the Program, through protocol emulation, tunnelling,
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 Licensors prior
written consent.

4. Program Transfer.
You may permanently transfer all of your rights under this License,
provided the recipient agrees to the terms of this License and you agree
to remove the Program from your home or portable computer.

5. Termination.
This License is effective until terminated. You may terminate the
License at any time by destroying the Program and any New Material. The
Licensor may, at its discretion, terminate this License in the event
that you fail to comply with the terms and conditions contained herein.
In such event, you must immediately destroy the Program and any New
Material.

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 anyone on the U.S. Treasury Department's list of
Specially Designated National or the U.S. Treasury Department's 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. Customer Service/Technical Support.
Licensor agrees to provide Customer Service and Technical Support for
this Program until such time as the Program is "out of publication." The
Program shall be considered "Out of Publication" one (1) year following
the date that the Program is no longer manufactured and/or distributed
by Licensor, or its licensors. "Customer Service" as used herein may be
provided to you by Licensor representatives by telephone and/or by
electronic message (e-mail). "Technical Support" may be provided to you
by Licensor by telephone, electronic message (e-mail), or by posting of
information related to known technical support issues on a website. The
Licensor's representatives may require you to register as the owner of
the product prior to providing any form of Technical Support or Customer
Service. Unless otherwise stated in the Program's packaging or in the
Program's user manual, nothing herein shall be construed so as to place
a duty upon Licensor to provide Customer Service or Technical Support
via a toll free telephone number for an unlimited period of time.

8. Duration of the "On-Line" component of the Program.
If this Program contains an 'on-line' component that allows you to
utilize the Product over the Internet utilizing servers and software
maintained or authorized by Licensor.  Licensor agrees to provide the
servers and software technology necessary to utilize the "on-line"
component of the Program until such time as the Program is Out of
Publication, as defined above.  Thereafter, Licensor may, in its sole
discretion, continue to provide the servers and software technology
necessary to utilize the "on-line" component of the Program, or Licensor
may license to third parties the right to provide the servers and
software technology necessary to utilize the "on-line" component of this
Program. However, nothing contained herein shall be construed so as to
place an obligation upon Licensor to provide the servers and software
technology necessary to utilize the "on-line" component beyond the time
that the Program is Out of Publication.

9. Limited Warranty.
THE LICENSOR EXPRESSLY DISCLAIMS 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
NON-INFRINGEMENT.
The entire risk arising out of use or performance of the Program, Editor
and Manual(s) remains with you, However it is warranted that the media
containing the Program shall be free from defects in material and
workmanship under normal use and services and the Program will perform
substantially in accordance with the accompanying written materials, for
a period of 2 (two) years from the date of your purchase of the Program.
In the event that the media proves to be defective during that time
period please contact you retailer directly. In order to enforce the
above-mentioned warranty the retailer should be informed of the defect
at least 2 (two) months following its discovery.

Some states/jurisdictions do not allow limitation on duration of an
implied warranty, so the above limitation may not apply to you.

This Limited Warranty does not affect the application of any legal
warranty provided by the applicable laws and regulations.


10. Limitation of Liability.
NEITHER THE LICENSOR, ITS PARENT, SUBSIDIARIES,
AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY
FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE
OF THE PROGRAM OR EDITOR INCLUDING, BUT NOT LIMITED
TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES.

Some countries do not allow the exclusion or limitation of incidental or
consequential damages, or allow limitations on how long an implied
warranty lasts, so above limitations or exclusion may not apply to you.

11. Equitable Remedies.
You hereby agree that the Licensor would be irreparably damaged if the
terms of this License were not specifically enforced, and therefore you
agree that the Licensor shall be entitled, without bond, other security,
or proof of damages, to appropriate equitable remedies with respect to
breaches of this License, in addition to such other remedies as the
Licensor may otherwise have available to it under applicable laws.

12.  Miscellaneous.
The License shall be deemed to have been made and executed in England,
and any dispute arising hereunder shall be resolved in accordance with
English law. This License 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 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
shall remain in full force and effect.

The terms and conditions of a paper printed license eventually
accompanying the Program prevail on any terms and condition of a license
eventually included in the Program and that could appear on screen.

You hereby acknowledge that you have read and understand the foregoing
License and agree that the action of installing the Program is an
acknowledgement of your agreement to be bound by the terms and
conditions of the License contained herein. You also acknowledge and
agree that this License is the complete and exclusive statement of the
agreement between the Licensor and you and that the License supersedes
any prior or contemporaneous agreement, either oral or written, and any
other communications between the Licensor and you including any
inconsistent written license agreement or on-line help accompanying the
Program.