PLEASE READ THIS END USER LICENSE AGREEMENT ("License") CAREFULLY BEFORE USING THIS SOFTWARE. By using this software, you are agreeing to be bound by all terms of this License. If you do not agree to the terms of this License, promptly return the software and its complete packaging for a full refund.
LICENSE
In consideration of payment of the License fee, which is a portion of the price you paid, the software, including any images incorporated in or generated by the software, and data accompanying this License (the "Software") and related documentation are licensed (not sold) to you by Walt Disney Co., Inc. ("WDC"). WDC does not transfer title to the Software to you; this License shall not be considered a "sale" of the Software. You own the CD-ROM and/or floppy disk(s) ("Disk Media") on which the Software is recorded, but WDC retains full and complete title to the Software on the Disk Media and the accompanying documentation, and all intellectual and industrial property rights therein. This non-exclusive and personal License gives you the right to use and display this copy of the software. You must treat the Software like any other copyrighted material except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install and use the software on the hard disk drive of a single computer provided you keep the original solely for backup or archival purposes. You may not copy the written material accompanying the Software.
RESTRICTIONS
The software contains copyrighted material, trade secrets, and other proprietary material. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Except as provided for in the License, you may not copy, modify, network, rent, lease, or otherwise distribute the Software; nor can you make the Software available via "bulletin boards," on-line services, remote dial-in, or network or telecommunications links of any kind; nor can you create derivative works or any other works that are based upon or derived from the Software in whole or in part. Within the terms of this License agreement, you may transfer all of the license rights to the Software to another party, provided that the original Disk Media containing the Software, the related documentation, all copyright notices, and a copy of this License are transferred to that party, and provided that party reads and agrees to accept the terms and conditions of this License. If you transfer the Software, you must remove the Software from your hard disk drive and you may not retain any copies of the Software for your own use. This Software is for your PERSONAL, NON-COMMERCIAL, and NON-GOVERNMENTAL use only.
TERMINATION
This License is effective until terminated by either party. You may terminate this License at any time by returning the Software to WDC or destroying the Software and all related documentation and all copies and installations thereof, whether made under the terms of this License or otherwise. This License will terminate immediately without notice from WDC if you fail to comply with any provision of this License. Upon termination, you must destroy or return to WDC the Software and related documentation and all copies thereof, whether made under the terms of this License or otherwise.
LIMITED WARRANTY AND DISCLAIMER
WDC WARRANTS THE DISK MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE AS EVIDENCED BY A COPY OF THE SALES RECEIPT OR PACKING SLIP. WDC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE REPLACEMENT OF THE DEFECTIVE DISK MEDIA OR REFUND OF THE PURCHASE PRICE (AT WDC'S ELECTION) UPON RETURN OF THE SOFTWARE WITH A COPY OF YOUR PROOF OF PURCHASE. WDC WILL HAVE NO RESPONSIBILITY TO REPLACE DISK MEDIA DAMAGED BY ACCIDENT, ABUSE, OR MISAPPLICATION. ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE DISK MEDIA, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OR DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AND/OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. WDC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WDC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, WDC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO THE THIRD PARTY SUPPLIERS OF MATERIALS USED IN THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY WDC OR A WDC AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTIES AND/OR CONDITIONS ON IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. YOU (AND NOT WDC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances shall WDC or its affiliates, or its or their officers, directors, employees and agents, be liable for any incidental, consequential, special or exemplary damages that result from the use of, or the inability to use, the Software or related documentation, even if WDC or a WDC authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall WDC's total liability to you for all damages, losses, and causes of action whether in contract, tort (including negligence), or otherwise exceed the amount paid by you for the Software.
GOVERNING LAW AND SEVERABILITY
This License shall be governed by and constructed in accordance with the laws of this State of California, without giving effect to any principles of conflicts of law. If any provision of this License shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by the authorized representatives of both parties.
