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- TOM CLANCY'S RAINBOW SIX
- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is a legal
- agreement between you, the end-user, and Red Storm Entertainment Inc.
- (LICENSOR). By continuing the installation of this game program, by loading
- or running the game, or by placing or copying the game program onto your
- computer hard drive, you are agreeing to be bound by the terms of this Agreement.
-
- SOFTWARE LICENSE
-
- 1. Grant of License. LICENSOR grants to you the limited right to
- use one (1) copy of the enclosed or foregoing game program (the
- "Software"). For purposes of this section, "use" means loading the Software
- into RAM, as well as installation on a hard disk or other storage device.
- You agree that the Software will not be shipped, transferred or exported
- into any country in violation of the U.S. Export Administration Act (or
- any other law governing such matters) and that you will not utilize, in
- any other manner, the Software in violation of any applicable law. The
- Software is copyrighted and licensed (not sold); the LICENSOR does
- not transfer title to the Software to you. The Software is licensed to
- you, the end user alone; you agree not to transfer the software to others.
- You agree to destroy all copies of the Software within three months
- after license termination, although you may keep a single copy in your
- archives for recordkeeping purposes.
-
- 2. Commercial Use is Prohibited. Under no circumstances shall
- you, the end-user, be permitted, allowed or authorized to commercially
- exploit the Software, or any portion thereof, such as a screen display or
- a screenshot.
-
- Neither you nor anyone at your direction shall do any of the following
- acts:
-
- a. Rent the Software;
-
- b. Sell the Software;
-
- c. Lease or lend the Software;
-
- d. Offer the Software on a pay-per-play basis;
-
- e. Distribute the Software; or
-
- f. In any other manner and through any medium
- whatsoever commercially exploit the Software or use the Software for
- any commercial purpose.
-
- 3. Additional Prohibited Uses. Neither you, nor anyone at your
- direction, shall take the following action in regard to the Software, or
- any portion thereof, such as a screen display or a screenshot:
-
- a. Modify, disassemble, reverse engineer or decompile the
- Software;
-
- b. Translate the Software;
-
- c. Reproduce the Software;
-
- d. Publicly display the Software; or
-
- e. Prepare derivative works based upon the Software.
-
- 4. Use of Other Material is Prohibited. Use, in any manner, of
- the trademarks, logos, symbols, art work, images, screen displays or
- screenshots, sound effects, and other such material contained within,
- generated by, or relating to the Software is prohibited.
-
- 5. Restrictions Apply to Third Parties. The prohibitions and
- restrictions described herein apply to anyone in possession of the
- Software.
-
- 6. Copyright. The Software is owned by LICENSOR and its
- licensors and is protected by United States copyright laws and
- international treaty provisions. You must treat the Software like any
- other copyrighted material.
- You may not charge or receive any consideration from any other person
- for the receipt or use of the Software. You agree to use your best efforts
- to see that any user of the Software licensed hereunder complies with
- this Agreement.
-
- 7. Limited Warranty. LICENSOR warrants that if properly installed
- and operated on a computer for which it is designed, the Software will
- perform substantially in accordance with its designed purpose for a
- period of ninety (90) days from the date the Software is first obtained
- by an end-user. LICENSOR'S entire liability and your exclusive remedy shall
- be, at LICENSOR'S option, either (a) return of the retail price paid, if any,
- or (b) repair or replacement of the Software that does not meet
- LICENSOR'S Limited Warranty. To make a warranty claim, return the
- Software to the point of purchase, accompanied by proof of purchase,
- your name, your address, and a statement of defect, or return the
- Software with the above information to LICENSOR (2000 Aerial
- Center Suite 110 Morrisville NC 27560). This Limited Warranty is
- void if failure of the Software has resulted in whole or in part from
- accident, abuse, misapplication or violation of this Agreement.
- Any replacement Software will be warranted for the remainder of the
- original warranty period or thirty (30) days, whichever is longer. This
- warranty allocates risks of product failure between Licensee and
- LICENSOR. LICENSOR'S product pricing reflects this allocation of
- risk and the limitations of liability contained in this warranty.
-
- 8. NO OTHER WARRANTIES. LICENSOR DISCLAIMS ALL
- OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
- INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
- OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
- PURPOSE WITH RESPECT TO THE SOFTWARE AND THE
- ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS
- LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
- YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION
- TO JURISDICTION. LICENSOR DOES NOT WARRANT THAT
- THE OPERATION OF THE SOFTWARE WILL BE
- UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
- SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH
- ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES
- WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
- DISTRIBUTORS, AND DEALERS OF LICENSOR ARE NOT
- AUTHORIZED TO MAKE MODIFICATIONS TO THIS
- WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF
- LICENSOR. ADDITIONAL STATEMENTS SUCH AS DEALER
- ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
- WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LICENSOR
- AND SHOULD NOT BE RELIED UPON.
-
- 9. Limitation of Liabilities. LICENSOR SHALL NOT BE LIABLE
- FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
- SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
- OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
- WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR
- OTHER LEGAL THEORY EVEN IF LICENSOR OR ITS AGENT
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
-
- Some jurisdictions do not allow the exclusion or limitation of incidental
- or consequential damages, so the above limitation or exclusion may not
- apply to you. The limitations of liability described in this section also
- apply to any third party supplier of Redistributable Code. LICENSOR and its
- third party suppliers' limitations of liability are not cumulative. Each third
- party supplier is an intended beneficiary of this section.
-
- 10. General Provisions. Neither this Agreement nor any part or
- portion of the Software maybe assigned or sublicensed, except as
- described herein. Should any provision of this Agreement be held to be void,
- invalid, unenforceable or illegal by a court, the validity and enforceability
- of the other provisions shall not be affected thereby. If any provision is
- determined to be unenforceable, you agree to a modification of such
- provision to provide for enforcement of the provision's intent, to the
- extent permitted by applicable law. Failure of a party to enforce any
- provision of this Agreement shall not constitute or be construed as a
- waiver of such provision or of the right to enforce such provision. If
- you fail to comply with any terms of this Agreement, YOUR LICENSE
- IS AUTOMATICALLY TERMINATED. Note to United States government users -
- the Software is subject to restrictions and provided with restricted rights.
-
- 11. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
- AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND
- UNDERSTAND THAT BY CONTINUING THE INSTALLATION
- OF THE SOFTWARE, BY LOADING OR RUNNING THE
- SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE
- ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE
- BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.
- YOU FURTHER AGREE THAT, EXCEPT FOR ANY WRITTEN
- SEPARATE AGREEMENTS BETWEEN LICENSOR AND YOU,
- THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
- STATEMENT OF THE RIGHTS AND LIABILITIES OF THE
- PARTIES. THIS AGREEMENT SUPERSEDES ANY AND ALL
- PRIOR ORAL AGREEMENTS, PROPOSALS OR
- UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS
- BETWEEN LICENSOR AND YOU RELATING TO THE SUBJECT
- MATTER OF THIS AGREEMENT.