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- [GENERAL INTERNATIONAL VERSION, FOR USE IN THE UNITED STATES
- AND CANADA (EXCEPT QUEBEC) WITH PRODUCTS DISTRIBUTED FOR
- FREE]
- July 9, 1999
-
- 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 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.
-