Please read the following Software License Agreement. Use the scroll bar to view the rest of the agreement.
GAMESPY SOFTWARE LICENSE AGREEMENT IMPORTANT: DO NOT CLICK ON THE "YES" BUTTON UNTIL YOU HAVE READ THIS AGREEMENT. BY CLICKING ON THE "YES" BUTTON, YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT (1) DO NOT CLICK ON THE "YES" BUTTON, (2) DISCONTINUE INSTALLATION AND LICENSING PROCESS BY CLICKING ON THE "NO" BUTTON.
This software ("Software") is licensed, not sold, to you for use only under the terms of this License Agreement ("Agreement"). GameSpy ("GameSpy") continues to own the Software and reserves any rights not expressly granted to you.
1. LICENSE GRANT. GameSpy grants to you, subject to the terms and conditions of this Agreement, a nonexclusive, nontransferable right to use the Software. This Agreement grants to you the right to install and use the Software on a hard disk or other storage device on any computer. You may copy the Software in object code form only for archival and back-up purposes, provided such back-up copy is not installed or used on any computer. GameSpy and its licensors own all right, title and interest in and to the Software and any manuals, guides or any other printed material ("Documentation") that GameSpy provided to you for use with the Software. There are no implied licenses granted under this Agreement.
2. PROTECTION OF SOFTWARE. You agree to protect the Software and the Documentation from unauthorized copying or use. You acknowledge that the source code for the Software and other trade secrets embodied in the Software have not been, and are not going to be, disclosed to you. Modifications of, additions to, or deletions from the Software (including any deletion or addition of code) are strictly prohibited. Except as specifically permitted in this Agreement, you agree not to, directly or indirectly, (i) reverse engineer, reverse compile, reduce to human perceivable form, or disassemble the Software; (ii) encumber, transfer, sublicense, rent, lease, time-share or use the Software in any service bureau arrangement; or (iii) copy (except as provided in this Agreement), distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify Software or permit any third party to engage in any of the acts proscribed in Sections 2(i) through (iv). You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Software or the Documentation.
3. OWNERSHIP. GameSpy and/or GameSpy's licensors shall retain all right, title and interest, including all intellectual property rights (including for example and without limitation patents, patent applications, copyrights, trade secrets, trademarks) in and to the Software and the Documentation. You acknowledge that the Software is protected by United States copyright laws and international treaty provisions. You acknowledge and agree that the Software may have been developed by and may include software licensed by third party licensors named in the copyright notice(s) included with the Software, who shall be authorized to hold you responsible for any copyright infringement or violation of this Agreement. You agree not to take any action inconsistent with such title and ownership. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN CODE OR REQUIRE DEVICES THAT DETECT OR PREVENT UNAUTHORIZED USE OF THE SOFTWARE.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
5.1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT THE SOFTWARE WILL CEASE TO TRANSMIT AFTER EACH FIFTEEN (15) MINUTE PERIOD OF USE UNTIL IT HAS BEEN MADE FULLY FUNCTIONAL BY SUBMITTING REGISTRATION INFORMATION TO GAMESPY IN RETURN FOR A SOFTWARE LICENSE KEY (SECTION 6.1). YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO YOU ON AN "AS IS" BASIS. GAMESPY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SOFTWARE AND THE DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE AND COURSE OF DEALING. GAMESPY DOES NOT WARRANT THAT (a) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (c) DEFECTS WILL BE CORRECTED, OR (d) YOU WILL HAVE UNINTERRUPTED, ERROR-FREE OR CONTINUED ACCESS TO INTERNET VOICE CHAT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. To the extent permissible, any implied warranties are limited to thirty (30) days.
5.2 Limitation of Liability. GAMESPY'S LIABILITY FOR DAMAGES TO LICENSEE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED FIVE (5) DOLLARS. GAMESPY SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFITS, LOST REVENUE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN IF GAMESPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
5. USER INFORMATION.
6.1 Registration. Upon registering the Software with GameSpy, you will be issued an alphanumeric user identification and a license key that will allow full operation of the Software ("Registration"). You are responsible for maintaining the confidentiality of your user identification number and license key and are liable for any harm or loss resulting from disclosing or allowing disclosure of any license key or from use by any person of your license key to gain access to the Software.
6.2 Former Users. Users whose accounts have been terminated by GameSpy may not access the Software in any manner or for any reason without the express written permission of GameSpy. Active users may not knowingly allow former users who have been terminated to use the active user's accounts.
6. Support & UPGRADES. As long as GameSpy generally offers to third parties licenses to use the Software, GameSpy will: (i) maintain an e-mail address for responding to maintenance issues and users questions and (ii) provide generally offered updates or enhancements of the Software and the Documentation that GameSpy periodically makes available to users. Any updates or enhancements to the Software delivered by way of support services shall be treated for all purposes under this Agreement as Software and GameSpy retains all intellectual property rights in the Software and related updates or enhancements.
7. TERM AND TERMINATION. This Agreement is effective from the date you receive the Software and remains in force until terminated. You may terminate the license pursuant to this Agreement at any time by destroying all tangible embodiments or copies of the Software and the Documentation in your possession, including all backup copies and all related materials. Your license rights under this Agreement will automatically terminate without notice if you fail to comply with any provision in this Agreement. Upon termination, you must destroy all tangible embodiments or copies of the Software and the Documentation in your possession. GameSpy reserves the right without notice to disable (including remotely) the Software in the event of a breach of this Agreement by you. The rights and obligation of the parties under Sections 3 (Ownership), 4.1 (Warranty), 4.2 (Limitation of Liability), 9 (Compliance with Laws), 10 (General Provisions and this Section 7 survives the termination of this Agreement.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d), excluding subparagraph (c)(2)(iv), of FAR 52.227-19 when applicable, or in DFARS 227.7202-3, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is GameSpy, 665 Clyde Avenue, Mountain View, California, 94043. The use of the Software or Documentation by the Government constitutes acknowledgment of GameSpy's proprietary rights in the Software and Documentation.
9. COMPLIANCE WITH LAWS. You agree that you shall not export or re-export, directly or indirectly (including via remote access), Software, Documentation or other information or materials provided by GameSpy under this Agreement, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. It shall be your responsibility to comply with the latest United States export regulations, and you shall defend and indemnify GameSpy from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Software, Documentation, or other information or materials provided by GameSpy under this Agreement were exported or otherwise accessed, shipped or transported in violation of applicable laws and regulations. You shall comply with all laws, legislation, rules, regulations, and governmental requirements with respect to the Software, and the performance by Licensee of its obligations under this Agreement, of any jurisdiction in or from which Licensee directly or indirectly causes the Software to be used or accessed.
10. GENERAL.
10.1 This Agreement is governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. If any litigation or proceeding is brought by either party against the other in connection with this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorneysÆ fees and other expenses incurred by such prevailing party.
10.2 Neither party may assign its rights or obliga-tions under this Agreement, by operation of law or other-wise, without the express written consent of the others; except that a party may assign this Agreement to an affiliate commonly owned and controlled by or with the party or to any other third party in connection with the merger or acquisition of the party or sale of all or substantially all of its assets used primarily in connection with this Agreement. Each party agrees to provide no less than three (3) business daysÆ prior notification of any authorized assignment under this Agreement, including assignment to an affiliate or as part of an asset sale. Any attempted assign-ment except as allowed by the immediately preceding sentence is null and void. Subject to the foregoing, this Agreement will benefit and bind the successors and assigns of the parties.
10.3 No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given.
10.4 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions of this Agreement under all circumstances.
10.5 Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of GameSpy shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of GameSpy.
10.6 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties with regard to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. You acknowledge that (a) you have read and understand this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement. C'est la volentΘ expresse des parties que la prΘsente convention ainsi que les documents qui s'y rattachent soient rΘdigΘs en anglais.
GameSpy Industries
18002 Skypark Cir
Irvine, CA 92614
www.gamespy.com
IF YOU AGREE TO ALL OF THE FOREGOING, please select - "YES" -Clicking "YES" indicates your acceptance of the license terms. IF YOU DO NOT AGREE TO ALL OF THE FOREGOING, or are not authorized to agree, select - "NO". If authorized, you may accept at another time.
