This is a legal agreement between the end user ("You") and Hasbro Interactive, Inc., its affiliates and subsidiaries (collectively "Hasbro Interactive"). This Agreement governs your use of, as applicable, the executable files that you may download or this CD-ROM (the "Software") and any accompanying written materials (the "Documentation").
BY 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.
If You do not agree to the terms of this Agreement, You may not download, install or otherwise use the Software or Documentation.
LIMITED LICENSE: You are entitled to use this Software for your own use, but may not sell or transfer reproductions of the Software or Documentation to other parties in any way. You may use 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.
If the Software is an em@ail game, you may need to access computer servers maintained by Hasbro Interactive or its agents for use of the Software. You acknowledge that Hasbro Interactive is not responsible for ensuring that such servers will be available or maintained. If the Software includes Internet-play features, you may have the ability to choose to use the Internet. If the Software is an em@ail game or includes Internet-play features, You acknowledge that Hasbro Interactive is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet.
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.
WARRANTY DISCLAIMER:
You expressly acknowledge and agree that the Software is being provided to you gratuitously and at your sole risk. THE SOFTWARE IS PROVIDED "AS-IS," AND HASBRO INTERACTIVE AND ITS LICENSORS MAKE NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY), REGARDING THIS SOFTWARE. Some jurisdictions do not allow disclaimers of certain warranties under certain circumstances, so some of the foregoing disclaimer may not be applicable to You, in whole or in part. To the extent any warranty may not be disclaimed, such warranty is hereby limited to the maximum extent permissible be law.
THE SOFTWARE IS PROVIDED GRATUITOUSLY TO YOU AND, THEREFORE, HASBRO INTERACTIVE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES) EVEN IF HASBRO INTERACTIVE OR SUCH LICENSORS HAVE BEEN ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of damages, so the above exclusion may not apply to You, in whole or in part. To the extent any damages may not be excluded, such damages are hereby limited to the maximum extent permissible be law.
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 your use of the Software.
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 this 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.
