Revista CD Expert 31/CD Expert nº 31 Unreal Mission Pack I.iso/Chomp3D/EULA.txt

Text File | 1999-04-29 | 9KB | 134 lines

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF
THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE.

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 James Bryant, 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 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. James Bryant 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 personal use on either a home or portable computer. You
may not network the Program or otherwise install it or use it on more
than one computer at a time.  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 to the Program and any and all copies thereof (including
but not limited to any titles, computer code, data, themes, objects,
characters, character names, stories, text, 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
James Bryant 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 may contain certain
licensed materials and James Bryant'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 hereinabove, you may not, in
whole or in part, copy, photocopy, reproduce, translate, reverse
engineer, derive source code from, modify, disassemble, decompile, or
create derivative works based on the Program, or remove any proprietary
notices or labels on the Program.
    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 personal use,
but you are not entitled to:
(i)     sell or transfer reproductions of the Program to other parties in
any way, nor to rent, lease or license the Program to others;
(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 network or location-based site; or
(iii)     host or provide matchmaking services for the Program or emulate
or redirect the communication protocols used by James Bryant in the network
feature, if any, 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
commercial purpose including, but not limited to commercial network play
over the Internet, network play utilizing commercial gaming networks or
as part of content aggregation networks.
D.  You must back-up to another secure location, on a regular basis, any
data files concerning your use of the Program as James Bryant has no liability
for lost or corrupted data.
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 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. James Bryant 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. Limited Warranty. James Bryant 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. James Bryant FURTHER DISCLAIMS
ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
SPECIFICALLY, James Bryant MAKES NO WARRANTIES THAT THE PERFORMANCE OR
FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO,
DURING OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE OF
CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN
AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION
BETWEEN PRODUCTS OR APPLICATIONS. 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. The entire
risk arising out of use or performance of the Program remains with you.
8. Limitation of Liability. NEITHER James Bryant, 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 INCLUDING, BUT NOT LIMITED
TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
DATA LOSS, DATA CORRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. 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 to you.
9. Equitable Remedies. You hereby agree that James Bryant would be irreparably
damaged if the terms of this License Agreement were not specifically
enforced, and therefore you agree that James Bryant 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 James Bryant may otherwise have available to it under
applicable laws.
10. Miscellaneous. This License Agreement shall be deemed to have been
made and executed in the State of Iowa and any dispute arising
hereunder shall be resolved in accordance with the law of the State of
Iowa. 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 Iowa, 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, which is 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.
You hereby acknowledge that you have read and understand the foregoing
License Agreement and agree that the action of installing the Program is
an acknowledgment of your agreement to be bound by the terms and
conditions of the License Agreement contained herein. You also
acknowledge and agree that this License Agreement is the complete and
exclusive statement of the agreement between James Bryant and you and that the
License Agreement supersedes any prior or contemporaneous agreement,
either oral or written (including inconsistent statements in written
materials and online help accompanying the Program), and any other
communications between James Bryant and you.