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license.txt
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2004-08-31
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222 lines
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.