This is a legal contract between you (the end-user) and Fox Interactive, Inc. ("Fox"). By indicating your acceptance below, you accept and agree to be bound by all the terms and conditions of this End-User License Agreement ("Agreement"). If you do not accept the terms and conditions of this Agreement, do not install, copy or otherwise use the Software.
This Agreement accompanies a demo of an interactive video game software product ("Software").
Fox hereby grants to you a non-exclusive license to use the Software, provided that you agree to the following:
1. Use of the Software:
You may:
(a) Use only one copy of the Software on a single computer;
(b) Make one copy of the Software for archival purposes, or copy the Software on to the hard disk of your computer and retain the original for archival purposes;
(c) Use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network; and
(d) Transfer the Software and Documentation, if any, to another party if the other party agrees to accept the terms and conditions of this Agreement and you transfer all copies of the Software and related Documentation (including any upgrades, updates and/or patches) in your possession. You must also destroy any backup copy of the Software that you made for archival purposes upon transfer.
You may not:
(a) Copy the Software or Documentation;
(b) Lease, rent, sublicense or lend the Software or Documentation to any person or entity;
(c) Decompile, reverse engineer, disassemble or otherwise try to discover the source code of the Software;
(d) Use the Software other than as permitted by this license;
(e) Create derivative works of the Software, including total conversions or other modifications of the Software;
(f) Upload the Software or any portion thereof (including screen shots, trademarks or other copyrights contained in the Software, its packaging and the Documentation) to the Internet for any purpose, including, without limitation, making the Software available for download over the Internet, unless the Software is made available by Fox for Internet play. The Internet shall mean the world wide web, http:\\ sites, intranets, extranets, and all other computer networks.
2. Copyright: The Software and Documentation, if any, is protected by U.S. Copyright laws and international treaty provisions. All rights in and to the Software, including its packaging, and Documentation are owned by Twentieth Century Fox Film Corporation and/or other persons identified in the Documentation, the Software and/or on the packaging. All rights are reserved. The license granted to you hereunder does not transfer any intellectual property rights in and to the Software or Documentation other than as provided above. You agree, by accepting the terms and conditions of this Agreement, to prevent any unauthorized copying or duplication of the Software and Documentation. No part of the Software or Documentation may be copied, reproduced or translated in any form or medium without the prior written consent of Fox.
3. Limited Warranty: THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOX FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOX, REALNETWORKS OR ANY THIRD PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOX, REALNETWORKS AND ANY THIRD PARTY ASSOCIATED WITH DEVELOPMENT OF THE SOFTWARE SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES IS LIMITED TO THE FEES YOU PAID FOR THIS SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. U.S. Government Restricted Rights: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Fox Interactive, Inc., P.O. Box 900, Beverly Hills, CA 90213-0900. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
5. Termination: This Agreement shall automatically terminate if you fail to comply with any of its terms. Fox reserves all rights and remedies it may have in the event of breach of this Agreement by you.
6. Miscellaneous: This Agreement is governed by the laws of the State of California without giving effect to its conflict of law principles, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. This Agreement constitutes the entire agreement between you and Fox. This Agreement may only be modified by a writing signed by all parties. This Agreement may be freely assigned and/or transferred by Fox to any other person or entity. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
(c) 1999, 2000 Twentieth Century Fox Film Corporation. All rights reserved.
