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-
- LICENSE AGREEMENT
-
- *** IMPORTANT ***
-
- 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 includes everything in the Nerf ArenaBlast Demo (the "Demo") and certain
- written materials (the "Documentation").
-
- BY INSTALLING THE DEMO, 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 OBTAINED
- THE PACKAGE FROM ANY INTERMEDIARY, THAT
- INTERMEDIARY 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, promptly delete the
- entire Package and all copies from your computer.
-
- LIMITED LICENSE: You are entitled to use this free DEMO for your own use,
- and to transfer reproductions of the DEMO and Documentation
- to anyone for its whole use for demo purposes only.
-
- OWNERSHIP; COPYRIGHT: Title to the DEMO 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 DEMO 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 modify,
- enhance, supplement, create derivative work from, adapt, translate, reverse
- engineer, decompile, disassemble or otherwise reduce the DEMO to human
- readable form.
-
- HASBRO INTERACTIVE MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED,
- STATUTORY OR OTHERWISE, REGARDING THIS DEMO.
-
- HASBRO INTERACTIVE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF HASBRO
- INTERACTIVE IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 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.
-
- 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; 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.
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