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- YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
- BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE
- USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF
- THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
- PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE
- OR CONTACT SIERRA ON-LINE, INC. CUSTOMER SERVICE AT (425) 746-5771
- FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN 30 DAYS OF THE
- ORIGINAL PURCHASE.
-
- This software program (the "Program"), any printed materials, any
- on-line or electronic documentation, and any and all copies and
- derivative works of such software program (including materials
- created with a so called level editor, if included) and materials
- are the copyrighted works of Twentieth Century Fox Film Corporation
- ("Fox") and is distributed by Sierra On-Line, Inc., a division of
- Vivendi Universal Interactive Publishing North America, Inc. All
- rights reserved, except as expressly stated herein. All use of the
- Program is governed by the terms of this End User License Agreement
- provided below ("License Agreement"). The Program is solely for use
- by end users according to the terms of the License Agreement. Any
- use, reproduction or redistribution of the Program not in accordance
- with the terms of the License Agreement is expressly prohibited.
-
- END USER LICENSE AGREEMENT
-
- 1. Limited Use License. Sierra On-Line, Inc. ("Sierra") hereby
- grants, and by installing the Program you thereby accept, a
- limited, non-exclusive license and right to install and use one
- (1) copy of the Program for your use on either a home, business
- or portable computer. In addition, the Program may have a multi-
- player capability that allows users to utilize the Program over
- the Internet via SierraÆs online game network Sierra.com or
- other gaming network. Use of the Program over Sierra.com is
- subject to your acceptance of Sierra.comÆs Terms of Use
- Agreement. Sierra On-Line, Inc. reserves the right to update,
- modify or change the Sierra.com Terms of Use Agreement at any
- time. The Program may also contain a Level Editor (the "Editor")
- that allows you to create custom levels or other materials for
- your personal use in connection with the Program ("New
- Materials"). All use of the Editor or any New Materials is
- subject to this License Agreement. The Program is licensed, not
- sold. Your license confers no title or ownership in the Program.
-
- 2. Ownership. All title, ownership rights and intellectual
- property rights in and to the Program and any and all copies
- thereof (including but not limited to any titles, computer code,
- themes, objects, characters, character names, stories, dialog,
- catch phrases, locations, concepts, artwork, animations, sounds,
- musical compositions, audio-visual effects, methods of
- operation, moral rights, any related documentation, and
- "applets" incorporated into the Program) are owned by Fox or its
- licensors. The Program is protected by the copyright laws of the
- United States, international copyright treaties and conventions
- and other laws. All rights are reserved. The Program contains
- certain licensed materials and Fox and its licensors may protect
- their rights in the event of any violation of this Agreement.
-
- 3. Responsibilities of End User.
-
- A. Subject to the Grant of License hereinabove, you may not,
- in whole or in part, copy, photocopy, reproduce, translate,
- reverse engineer, derive source code, modify, disassemble,
- decompile, create derivative works based on the Program, or
- remove any proprietary notices or labels on the Program
- without the prior consent, in writing, of Sierra.
-
- B. The Program is licensed to you as a single product. Its
- component parts may not be separated for use on more than
- one computer.
-
- C. You are entitled to use the Program for your own use, but
- you are not entitled to:
-
- (i) sell, grant a security interest in or transfer
- reproductions of the Program to other parties in any
- way, nor to rent, lease or license the Program to others
- without the prior written consent of Sierra.
-
- (ii) exploit the Program or any of its parts for any
- commercial purpose including, but not limited to, use at
- a cyber cafΘ, computer gaming center or any other
- location-based site. Sierra may offer a separate Site
- License Agreement to permit you to make the Program
- available for commercial use. Please contact Sierra for
- details;
-
- (iii) host or provide matchmaking services for the
- Program or emulate or redirect the communication
- protocols used by Sierra in the network feature of the
- Program, through protocol emulation, tunneling,
- modifying or adding components to the Program, use of a
- utility program or any other techniques now known or
- hereafter developed, for any purpose including, but not
- limited to network play over the Internet, network play
- utilizing commercial or non-commercial gaming networks
- or as part of content aggregation networks without the
- prior written consent of Sierra;
-
- (iv) create or maintain, under any circumstance, more
- than one simultaneous connection to Sierra.com. All such
- connections to Sierra.com, whether created by the
- Program or by other tools and utilities, may only be
- made through methods and means expressly approved by
- Sierra On-Line, Inc. Under no circumstances may you
- connect, or create tools that allow you to connect to
- Sierra.comÆs private binary interface or interfaces
- other than those explicitly provided by Sierra On-Line,
- Inc. for public use.
-
- 4. Program Transfer. You may permanently transfer all of your
- rights under this License Agreement, provided the recipient
- agrees to the terms of this License Agreement and you agree to
- remove the Program from your home or portable computer.
-
- 5. Termination. This License Agreement is effective until
- terminated. You may terminate the License Agreement at any time
- by destroying the Program. Sierra may, at its discretion,
- terminate this License Agreement in the event that you fail to
- comply with the terms and conditions contained herein. In such
- event, you must immediately destroy the Program.
-
- 6. Export Controls. The Program may not be re-exported,
- downloaded or otherwise exported into (or to a national or
- resident of) any country to which the U.S. has embargoed goods,
- or to anyone on the U.S. Treasury DepartmentÆs list of Specially
- Designated Nationals or the U.S. Commerce DepartmentÆs Table of
- Denial Orders. By installing the Program, you are agreeing to
- the foregoing and you are representing and warranting that you
- are not located in, under the control of, or a national or
- resident of any such country or on any such list.
-
- 7. Limited Warranty. Sierra and Fox expressly disclaim any
- warranty for the Program, Editor and Manual(s). The Program,
- Editor and Manual(s) are provided "as is" without warranty of
- any kind, either express or implied, including, without
- limitation, the implied warranties of merchantability, fitness
- for a particular purpose, or noninfringement. The entire risk
- arising out of use or performance of the Program and Manual(s)
- remains with the User, however Sierra warrants up to and
- including 90 days from the date of your purchase of the Program
- that the media containing the Program shall be free from defects
- in material and workmanship. In the event that the media proves
- to be defective during that time period, and upon presentation
- to Sierra of proof of purchase of the defective Program, Sierra
- will at its option 1) correct any defect, 2) provide you with a
- product of equal or lesser value, or 3) refund your money. Some
- states do not allow the exclusion or limitation of implied
- warranties or liability for incidental damages, so the above
- limitations may not apply to you.
-
- 8. Limitation of Liability. NEITHER FOX, SIERRA, VIVENDI
- UNIVERSAL INTERACTIVE PUBLISHING NORTH AMERICA, INC. ,OR THEIR
- PARENTS, SUBSIDIARIES OR AFFILIATES, SHALL BE LIABLE IN ANY WAY
- FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE
- PROGRAM OR USE OF SIERRA ON-LINE, INC.ÆS ONLINE GAME NETWORK,
- SIERRA.COM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
- WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
- OTHER COMMERCIAL DAMAGES OR LOSSES. SIERRA FURTHER DISCLAIMS ALL
- WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
- ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN
- SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY
- OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER,
- SIERRA ON-LINE, INC. SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS
- OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER
- PROFILE INFORMATION STORED ON SIERRA.COM. I UNDERSTAND AND
- ACKNOWLEDGE THAT SIERRA ON-LINE, INC. CANNOT AND WILL NOT BE
- RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE ON SIERRA.COM
- INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR
- HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS
- OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the
- exclusion or limitation of incidental or consequential damages,
- or allow limitations on how long an implied warranty lasts, so
- the above limitations may not apply.
-
- 9. Equitable Remedies. You hereby agree that Fox and/or Sierra
- would be irreparably damaged if the terms of this License
- Agreement were not specifically enforced, and therefore you
- agree that Fox and/or Sierra shall be entitled, without bond,
- other security, or proof of damages, to appropriate equitable
- remedies with respect to breaches of this License Agreement, in
- addition to such other remedies as Fox and/or Sierra may
- otherwise have available to it under applicable laws. In the
- event any litigation is brought by either party in connection
- with this License Agreement, the prevailing party in such
- litigation shall be entitled to recover from the other party all
- the costs, attorneysÆ fees and other expenses incurred by such
- prevailing party in the litigation.
-
- 10. Limitations on License. Nothing in this License Agreement
- shall preclude you from making or authorizing the making of
- another copy or adaptation of the Program provided, however,
- that (1) such new copy or adaptation is created as an essential
- step in your utilization of the Program in accordance with the
- terms of this License Agreement and for NO OTHER PURPOSE; or (2)
- such new copy or adaptation is for archival purposes ONLY and
- all archival copies are destroyed in the event of your Transfer
- of the Program, the Termination of this Agreement or other
- circumstances under which your continued use of the Program
- ceases to be rightful.
-
- 11. Miscellaneous. This License Agreement shall be deemed to
- have been made and executed in the State of California and any
- dispute arising hereunder shall be resolved in accordance with
- the law of California. You agree that any claim asserted in any
- legal proceeding by one of the parties against the other shall
- be commenced and maintained in any state or federal court
- located in the State of California, County of Los Angeles,
- having subject matter jurisdiction with respect to the dispute
- between the parties. This License Agreement may be amended,
- altered or modified only by an instrument in writing, specifying
- such amendment, alteration or modification, executed by both
- parties. In the event that any provision of this License
- Agreement shall be held by a court or other tribunal of
- competent jurisdiction to be unenforceable, such provision will
- be enforced to the maximum extent permissible and the remaining
- portions of this License Agreement shall remain in full force
- and effect. This License Agreement constitutes and contains the
- entire agreement between the parties with respect to the subject
- matter hereof and supersedes any prior oral or written
- agreements.
-
- I hereby acknowledge that I have read and understand the foregoing
- License Agreement and agree that the action of installing the
- Program is an acknowledgment of my agreement to be bound by the
- terms and conditions of the License Agreement contained herein. I
- also acknowledge and agree that this License Agreement is the
- complete and exclusive statement of the agreement between Sierra and
- I and that the License Agreement supersedes any prior or
- contemporaneous agreement, either oral or written, and any other
- communications between Sierra and myself.
-