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- REALNETWORKS, INC. END USER LICENSE AGREEMENT
- THE LABYRINTH
-
- REDISTRIBUTION NOT PERMITTED
-
- Software License for The Labyrinth
-
- IMPORTANT -- READ CAREFULLY: This License
- Agreement for The Labyrinth ("Game") is a legal
- agreement between you (either an individual or an
- entity) and RealNetworks, Inc. and Nonstop
- Entertainment (collectively "RN"). By clicking on
- the "Yes" button, installing, copying, playing or
- otherwise using the Game, you agree to be bound by
- the terms of this License Agreement. If you do not
- agree to the terms of this License Agreement,
- click on the "No" button and/or do not install the
- Game.
-
- THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL
- VERSIONS OF THE GAME, INCLUDING SHAREWARE AND PAID
- VERSIONS.
-
- THE SHAREWARE VERSION OF THIS GAME MAY CONTAIN
- USE, FEATURE OR TIME LIMITATIONS. IN ORDER TO
- REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL
- VERSION OF THE GAME AT WWW.REAL.COM/GAMES.
-
- 1. GRANT OF LICENSE. RN hereby grant to you a
- non-exclusive license to use the Game and
- Documentation, provided you may: (i) use the Game
- on any single computer; (ii) use the Game on a
- second computer so long as the first and second
- computers are not used simultaneously; (iii) copy
- the Game for back-up, archival purposes provided
- any copy must contain all of the original Game's
- proprietary notices.
-
- 2. LICENSE RESTRICTIONS.
-
- a) You may not: (i) permit other individuals
- to use the Game except under the terms listed
- above; (ii) modify, translate, reverse engineer,
- decompile, disassemble (except to the extent that
- this restriction is expressly prohibited by law)
- or create derivative works based upon the Game or
- Documentation; (iii) copy the Game or
- Documentation (except for back-up or archival
- purposes); (iv) distribute, rent, lease, transfer,
- or otherwise transfer rights to the Game or
- Documentation; or (v) remove any proprietary
- notices or labels on the Game or Documentation.
-
- b) You agree that you shall only use the Game and
- Documentation in a manner that complies with all
- applicable laws in the jurisdiction in which you
- use the Game and Documentation, including, but not
- limited to, applicable restrictions concerning
- copyright and other intellectual property rights.
-
- c) The Game is for private use only. You may not
- use or display this Game for any commercial
- purpose. You may not distribute this Game to third
- parties in any manner.
-
- 3. COPIES OF SOFTWARE AND ENHANCEMENTS. If
- you receive the first copy of the Game
- electronically and a second copy on physical media
- (e.g., CD, diskette, etc.), the second copy may be
- used for archival purposes only and may not be
- transferred to or used by any other person. This
- license does not grant you any right to any
- enhancement or update.
-
- 4. TITLE. Title, ownership, rights, and
- intellectual property rights in and to the Game
- and Documentation shall remain in RN and/or its
- suppliers. The Game is protected by the copyright
- laws of the United States and international
- copyright treaties. Title, ownership rights and
- intellectual property rights in and to the content
- accessed through the Game including any content
- contained in the Game media demonstration files
- shall be retained by the applicable content owner
- and may be protected by applicable copyright or
- other law. This license gives you no rights to
- such content.
-
- 5. DISCLAIMER OF WARRANTY: THE GAME AND
- DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY
- OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, RN 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 GAME AND DOCUMENTATION REMAINS WITH YOU. TO
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
- NO EVENT SHALL RN OR ITS SUPPLIERS BE LIABLE FOR
- ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, 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 GAME, EVEN IF RN HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 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.
-
- 6. TERMINATION: This License Agreement shall
- terminate automatically if you fail to comply with
- the limitations described in this license. No
- notice shall be required from RN to effectuate
- such termination. Upon termination, you must
- destroy all copies of the Game and Documentation.
-
- 7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT
- RESTRICTIONS: U.S. GOVERNMENT RESTRICTED RIGHTS:
- This Game and Documentation may be provided with
- RESTRICTED RIGHTS. Use, duplication or disclosure
- by the Government is subject to restrictions set
- forth in subparagraphs (a) through (d) of the
- Commercial Computer Software--Restricted Rights at
- FAR 52.227-19 when applicable, or in subparagraph
- (c)(1)(ii) of the Rights in Technical Data and
- Computer Software clause at DFARS 252.227-7013,
- and in similar clauses in the NASA FAR supplement,
- as applicable. Manufacturer is RealNetworks,
- Inc./2601 Elliott, Suite 1000/ Seattle,
- Washington, 98121. You are responsible for
- complying with all trade regulations and laws both
- foreign and domestic. You acknowledge that none of
- the Game 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 Game 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 Game to any prohibited
- county, or to any prohibited person, entity, or
- end-user as specified by U.S. export controls.
-
- 8. MISCELLANEOUS. This License Agreement shall
- constitute the complete and exclusive agreement
- between us. The terms and conditions contained in
- this License Agreement may not be modified except
- in a writing duly signed by you and an authorized
- representative of RN. If any provision of this
- License 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 of such provision under other
- circumstances, or of the remaining provisions
- hereof under all circumstances. This License
- Agreement shall be governed by the laws of the
- State of Washington, without regard to conflicts
- of law provisions, and you hereby consent to the
- exclusive jurisdiction of the state and federal
- courts sitting in the State of Washington. Any and
- all unresolved disputes arising under this License
- Agreement shall be submitted to arbitration in the
- State of Washington; except that, to the extent
- that you have breached or have indicated your
- intention to breach this License Agreement in any
- manner which may cause continuing or irreparable
- harm to RN (including, but not limited to, any
- breach that may impact RN's intellectual property
- rights, or a breach by reverse engineering), RN
- may seek injunctive relief, or any other
- appropriate relief, in any court of competent
- jurisdiction. Any arbitration of a dispute under
- this Agreement shall be conducted under the rules
- then prevailing of the American Arbitration
- Association. The arbitrator's award shall be
- binding and may be entered as a judgment in any
- court of competent jurisdiction. 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.
-
- Copyright ⌐ 2000 RealNetworks, Inc. and/or its
- suppliers. 2601 Elliott Ave., Suite 1000, Seattle,
- Washington 98121 U.S.A. All rights reserved.
- RealNetworks is a registered trademark of
- RealNetworks, Inc.
-
-