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- YOU SHOULD CAREFULLY READ THE FOLLOWING END USER
- LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE
- PROGRAM. BY INSTALLING, COPYING, 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, DO NOT INSTALL THE SOFTWARE.
-
- This software program including any and all subsequent patches (the
- "Program"), any printed materials, any on-line or electronic
- documentation, and any and all copies and derivative works of such
- software program and materials are the copyrighted work of Sierra
- Entertainment, Inc., or licensors or suppliers. All use of the Program
- is governed by the terms of the End User License Agreement which is
- 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 Entertainment, 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 a home, business, or
- portable computer.
-
- 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 Sierra 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
- Sierra' licensors may protect their rights in the event of any
- violation of this Agreement. The Program may access websites owned,
- controlled by, or operated by licensed affiliates of Sierra, and
- receive patches and/or updates to the Program from these websites.
- All patches, updates or other downloadable material used by, or
- incorporated into, the Program are the copyrighted property of
- Sierra, who reserves all rights therein, and shall be governed by
- the terms and conditions 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, sublicense,
- translate, reverse engineer, derive source code, modify,
- disassemble, decompile, create a source code equivalent, create
- derivative works based on the Program, or remove any proprietary
- notices or labels on the Program, or allow others to do so,
- 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; 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; and
-
- (v) create or maintain, under any circumstance, more than one
- simultaneous connection to a hosting service provide by
- Sierra, or other hosting services authorized by Sierra. All
- such connections, whether created by the Program or by
- other tools and utilities, may only be made through methods
- and means expressly approved by Sierra. Under no
- circumstances may you connect, or create tools that allow
- you to connect to the Hosting Service's private binary
- interface or interfaces other than those explicitly
- provided by Sierra 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, business, 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 Department's list of Specially Designated Nationals
- or the U.S. Commerce 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. 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 Sierra to provide
- Customer Service or Technical Support for this demonstration version
- product.
-
- 8. Limited Warranty. Sierra expressly disclaims any warranty for the
- Program and Manual(s). The Program 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 ninety (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 the defective nature of the Program,
- Sierra will at its option 1) correct any defect, or 2) provide you
- with a product of equal or lesser value. 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.
-
- 9. Limitation of Liability. NEITHER SIERRA
- ENTERTAINMENT, INC., ITS PARENT, SUBSIDIARIES,
- OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS
- OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF
- THE PROGRAM, OR THE HOSTING SERVICE, OR OTHER
- ON-LINE PROVIDER AUTHORIZED BY VIVENDI UNIVERSAL
- GAMES, INC., INCLUDING, BUT NOT LIMITED TO, LOSS
- OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
- MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
- DAMAGES OR LOSSES. 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. VIVENDI UNIVERSAL GAMES, INC., SHALL
- NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF
- SERVICE ON THE HOSTING SERVICE OR OTHER ON-LINE
- PROVIDER AUTHORIZED BY VIVENDI UNIVERSAL GAMES,
- INC., 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.
-
- 10. Equitable Remedies. You hereby agree that Sierra would be
- irreparably damaged if the terms of this License Agreement were
- not specifically enforced, and therefore you agree that 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 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, attorneys' fees and other expenses
- incurred by such prevailing party in the litigation.
-
- 11. 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.
-
- 12. 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 me and that the
- License Agreement supersedes any prior or contemporaneous agreement,
- either oral or written, and any other communications between Sierra and
- me.
-