This is a legal agreement between the end user ("You") and Hasbro Interactive, Inc., its affiliates and subsidiaries (collectively "Hasbro Interactive"). This Agreement is part of a package (the "Package") that also includes, as applicable, executable files that you may download, a game cartridge or disc, or a CD-ROM (collectively referred to herein as the "Software") and certain written materials (the "Documentation"). Any patch, update, upgrade, modification or other enhancement provided by Hasbro Interactive with respect to the Software or the Documentation, or bonus game provided by Hasbro Interactive at no extra charge as part of the Package, shall be included within the meanings of those terms, for the purposes of this Agreement, except to the extent expressly provided below.
BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU UNDERSTAND THAT, IF YOU PURCHASED THE PACKAGE FROM AN AUTHORIZED RESELLER OF HASBRO INTERACTIVE, THAT RESELLER IS NOT HASBRO INTERACTIVE'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, STATUTORY OR OTHERWISE, ON HASBRO INTERACTIVE'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
If You do not agree to the terms of this Agreement, do not download or install the Software and promptly return the entire Package to the place You obtained it for a full refund. If you should have any difficulty in obtaining such refund, please contact Hasbro Interactive at 800-683-5847 from the United States or at +44-1454 893-900 from outside the United States.
CONSUMER SAFETY WARNINGS AND PRECAUTIONS STATEMENT:
Epilepsy Warning
WARNING
READ THIS NOTICE BEFORE YOU OR YOUR CHILD
USE THIS SOFTWARE
A very small portion of the population have a condition which may cause them to experience epileptic seizures or have momentary loss of consciousness when viewing certain kinds of flashing lights or patterns. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If you or anyone in your family has an epileptic condition or has experienced symptoms like an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your physician before using this Software.
We recommend that parents observe their children while they play games. If you or your child experience any of the following symptoms: dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions, DISCONTINUE USE IMMEDIATELY and consult your physician.
FOLLOW THESE PRECAUTIONS WHENEVER USING THIS SOFTWARE:
╖ Do not sit or stand too close to the monitor. Play as far back from the monitor as possible.
╖ Do not play if you are tired or need sleep.
╖ Always play in a well lit room.
╖ Be sure to take a 10 to 15 minute break every hour while playing.
Repetitive Strain Statement
CAUTION
Some people may experience fatigue or discomfort after playing for a long time. Regardless of how you feel, you should ALWAYS take a 10 to 15 minute break every hour while playing. If your hands or arms become tired or uncomfortable while playing, stop and rest. If you continue to experience soreness or discomfort during or after play, listen to the signals your body is giving you. Stop playing and consult a doctor. Failure to do so could result in long term injury.
If your hands, wrist or arms have been injured or strained in other activities, use of this Software could aggravate the condition. Before playing, consult a doctor.
Motion Sickness Statement
CAUTION
This Software generates realistic images and 3-D simulations. While playing or watching certain video images, some people may experience dizziness, motion sickness or nausea. If you or your child experience any of these symptoms, discontinue use and play again later.
LIMITED LICENSE: You are entitled to download or install, and operate this Software solely for your own personal use, but may not sell or transfer reproductions of the Software or Documentation to other parties in any way. You may download or install, and operate one copy of the Software on a single terminal connected to a single computer. You may not network the Software or otherwise use it on more than one computer or computer terminal at the same time.
INTERNET-BASED PLAY; CHAT: This Software may include Internet-play features. If You choose to use such features, You will need to access the Internet. The Software or Documentation may also suggest links to certain Software-related web sites, including web sites operated by Hasbro Interactive or third parties. Your access to web sites operated by Hasbro Interactive is subject to the terms of use and privacy policies of such web sites. Children should check with a parent or guardian before accessing the Internet, including without limitation any chat function, on-line "arcade," or em@il Game. Internet game play may occur through one or more independent gaming or other web sites (each a "Web Site"), including without limitation the MSN Gaming Zone run by the Microsoft Corporation. Hasbro Interactive does not review or control, and disclaims any responsibility or liability for, the functioning and performance of any Web Site, the terms of use of any Web Site, the privacy policies of any Web Site, and any content on or available via a Web Site, including, without limitation, links to other web sites and comments or other contact between users of a Web Site. Hasbro Interactive does not endorse the Web Sites merely because a link to the Web Site is suggested or established. Hasbro Interactive does not monitor, control, endorse, or accept responsibility for the content of text or voice chat messages, if applicable, transmitted through the use of the Software. Use of the chat function, or other content or services of any Web Site is at Your own risk. You are strongly encouraged not to give out identity or other personal information through chat transmissions.
OWNERSHIP; COPYRIGHT: Title to the Software and the Documentation, and patents, copyrights and all other property rights applicable thereto, shall at all times remain solely and exclusively with Hasbro Interactive and its licensors, and You shall not take any action inconsistent with such title. The Software and the Documentation are protected by United States, Canadian and other applicable laws and by international treaty provisions. Any rights not expressly granted herein are reserved to Hasbro Interactive and its licensors.
OTHER RESTRICTIONS: You may not cause or permit the disclosure, copying, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Software or the Documentation by any means or in any form, without the prior written consent of Hasbro Interactive. You may not modify, enhance, supplement, create derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form.
LIMITED WARRANTY:
Hasbro Interactive warrants for a period of ninety (90) days following original retail purchase of this copy of the Software that the Software is free from substantial errors or defects that will materially interfere with the operation of the Software as described in the Documentation. This limited warranty: (i) applies to the initial purchaser only and may be acted upon only by the initial purchaser; and (ii) does not apply to any patch, update, upgrade, modification, or other enhancement provided by Hasbro Interactive with respect to the Software or the Documentation or to any bonus game provided by Hasbro Interactive at no extra charge as part of the Package, which are provided on an AS IS BASIS ONLY. EXCEPT AS STATED ABOVE, HASBRO INTERACTIVE AND ITS LICENSORS MAKE NO OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THIS SOFTWARE. THE IMPLIED WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY SHALL BOTH BE LIMITED TO THE NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY. THESE AND ANY OTHER IMPLIED WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, ARE OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. This limited warranty gives You specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
If you believe you have found any such error or defect in the Software during the warranty period, (i) if you are in the United States, call Hasbro Interactive's Consumer Affairs Department at 800-683-5847 between the hours of 8:00 a.m. and 4:45 p.m Monday through Friday (Eastern Time), holidays excluded, and provide your Product number; or (ii) if you are outside the United States, send your original CD-ROM disc, game cartridge or disc, or, if applicable, the executable files that you downloaded, to Hasbro Interactive at Caswell Way, Newport, Gwent, NP9 0YH, United Kingdom, together with a dated proof of purchase, your Product number, a brief description of such error or defect and the address to which the Software is to be returned. If you have a problem resulting from a manufacturing defect in the Software, Hasbro Interactive's and its licensors' entire liability and Your exclusive remedy for breach of this limited warranty shall be the replacement of the Software, within a reasonable period of time and without charge, with a corrected version of the Software. Some jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to You.
LIMITATION OF LIABILITY
HASBRO INTERACTIVE AND ITS LICENSORS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF HASBRO INTERACTIVE OR ITS LICENSORS ARE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HASBRO INTERACTIVE'S AND ITS LICENSORS' AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THIS PACKAGE. Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to You.
GENERAL: This Agreement constitutes the entire understanding between Hasbro Interactive and You with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by Hasbro Interactive and You. Terms and conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by Hasbro Interactive in writing. You shall be responsible for and shall pay, and shall reimburse Hasbro Interactive on request if Hasbro Interactive is required to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on Hasbro Interactive's net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Package.
EXPORT AND IMPORT COMPLIANCE: In the event You export the Software or the Documentation from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be.
GOVERNING LAW; ARBITRATION: This Agreement shall be governed by, and any arbitration hereunder shall apply, the laws of the Commonwealth of Massachusetts, U.S.A., excluding (a) its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention"); and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach hereof, including its interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by Hasbro Interactive, one to be appointed by You and a third being nominated by the two arbitrators so selected or, if they cannot agree on a third arbitrator, by the President of the American Arbitration Association ("AAA"). The arbitration shall be conducted in English and in accordance with the commercial arbitration rules of the AAA. The arbitration, including the rendering of the award, shall take place in Boston, Massachusetts, and shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent jurisdiction.
Notwithstanding anything contained in the foregoing Paragraph to the contrary, Hasbro Interactive shall have the right to institute judicial proceedings against You or anyone acting by, through or under You, in order to enforce Hasbro Interactive's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. For the purposes of this Paragraph, both parties submit to the jurisdiction of, and waive any objection to the venue of, the state and federal courts of the Commonwealth of Massachusetts.
