Komputer for Alle 2001 #9/CD 9 (Black) - 2001.iso/StarTrek/_USER1.CAB/Language_Independent_OS_Independent_Files/License.txt

Text File | 2001-03-21 | 9.5 KB | 149 lines

SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE
LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH
THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE
OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND
MATERIALS. BY DOWNLOADING, INSTALLING, AND/OR USING THE PROGRAM AND
ANY SOFTWARE PROGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE
WITH ACTIVISION PUBLISHING, INC. ("ACTIVISION").

LIMITED USE LICENSE. Subject to the conditions described below, Activision
grants you the non-exclusive, non-transferable, limited right and license to
install and use one copy of this Program solely and exclusively for your
personal use. All rights not specifically granted under this Agreement are
reserved by Activision and, as applicable, Activision's licensors. This Program
is licensed, not sold, for your use. Your license confers no title or ownership
in this Program and should not be construed as a sale of any rights in this
Program.

LICENSE CONDITIONS.
You shall not:
- Exploit this Program or any of its parts commercially, including but not
limited to use at a cyber cafe, computer gaming center or any other
location-based site. Activision may offer a separate Site License Agreement to
permit you to make this Program available for commercial use; see the contact
information below.
- Use this Program, or permit use of this Program, on more than one computer,
computer terminal, or workstation at the same time.
- Make copies of this Program or any part thereof, or make copies of the
materials accompanying this Program.
- Copy this Program onto a hard drive or other storage device; you must
download this Program from an Activision authorized vendor (although this
Program itself may automatically copy a portion of this Program onto your
hard drive during installation in order to run more efficiently).
- Use the program, or permit use of this Program, in a network, multi-user
arrangement or remote access arrangement, including any online use, except
as otherwise explicitly provided by this Program.
- Sell, rent, lease, license, distribute or otherwise transfer this Program,
or any copies of this Program, without the express prior written consent of
Activision.
- Reverse engineer, derive source code, modify, decompile, disassemble, or
create derivative works of this Program, in whole or in part.
- Remove, disable or circumvent any proprietary notices or labels contained
on or within the Program.
- Export or re-export this Program or any copy or adaptation in violation of
any applicable laws or regulations of the United States government.

OWNERSHIP. All title, ownership rights and intellectual property rights in
and to this 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, animation,
sounds, musical compositions, audio-visual effects, methods of operation, moral
rights, any related documentation, and "applets" incorporated into this Program)
are owned by Activision, affiliates of Activision or Activision's licensors.
This Program is protected by the copyright laws of the United States,
international copyright treaties and conventions and other laws. This Program
contains certain licensed materials and Activision's licensors may protect
their rights in the event of any violation of this Agreement.

PROGRAM UTILITIES. This Program contains certain design, programming and
processing utilities, tools, assets and other resources ("Program Utilities")
for use with this Program that allow you to create customized new game levels
and other related game materials for personal use in connection with the Program
("New Game Materials"). The use of the Program Utilities is subject to the
following additional license restrictions:
- You agree that, as a condition to your using the Program Utilities, you will
not use or allow third parties to use the Program Utilities and the New Game
Materials created by you for any commercial purposes, including but not limited
to selling, renting, leasing, licensing, distributing, or otherwise transferring
the ownership of such New Game Materials, whether on a stand alone basis or
packaged in combination with the New Game Materials created by others, through
any and all distribution channels, including, without limitation, retail sales
and on-line electronic distribution. You agree not to solicit, initiate or
encourage any proposal or offer from any person or entity to create any New Game
Materials for commercial distribution. You agree to promptly inform Activision
in writing of any instances of your receipt of any such proposal or offer.
- If you decide to make available the use of the New Game Materials created by
you to other gamers, you agree to do so solely without charge.
- New Game Materials shall not contain modifications to any COM, EXE or DLL
files or to any other executable Product files.
- New Game Materials may be created only if such New Game Materials can be used
exclusively in combination with the retail version of the Program. New Game
Materials may not be designed to be used as a stand-alone product.
- New Game Materials must not contain any illegal, obscene or defamatory
materials, materials that infringe rights of privacy and publicity of third
parties or (without appropriate irrevocable licenses granted specifically for
that purpose) any trademarks, copyright-protected works or other properties of
third parties.
- All New Game Materials must contain prominent identification at least in any
on-line description and with reasonable duration on the opening screen: (a) the
name and E-mail address of the New Game Materials' creator(s) and (b) the words
"THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."

LIMITATION ON DAMAGES: IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR
MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL,
COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID
FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.

TERMINATION: Without prejudice to any other rights of Activision, this Agreement
will terminate automatically if you fail to comply with its terms and
conditions. In such event, you must destroy all copies of this Program and all
of its component parts.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Program and documentation have been
developed entirely at private expense and are provided as "Commercial Computer
Software" or "restricted computer software." Use, duplication or disclosure by
the U.S. Government or a U.S. Government subcontractor is subject to the
restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is
Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.

INJUNCTION: Because Activision would be irreparably damaged if the terms of
this Agreement were not specifically enforced, you agree that Activision shall
be entitled, without bond, other security or proof of damages, to appropriate
equitable remedies with respect to breaches of this Agreement, in addition to
such other remedies as Activision may otherwise have under applicable laws.
INDEMNITY: You agree to indemnify, defend and hold Activision, its partners,
affiliates, licensors, contractors, officers, directors, employees and agents
harmless from all damages, losses and expenses arising directly or indirectly
from your acts and omissions to act in using the Product pursuant to the terms
of this Agreement.

MISCELLANEOUS: This Agreement represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing executed by
both parties. 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 the remaining provisions of this Agreement shall not
be affected. This Agreement shall be construed under California law as such
law is applied to agreements between California residents entered into and to be
performed within California, except as governed by federal law and you consent
to the exclusive jurisdiction of the state and federal courts in Los Angeles,
California. If you have any questions concerning this license, you may contact
Activision at 3100 Ocean Park Boulevard, Santa Monica, California 90405,
[phone], Attn. Business and Legal Affairs, [e-mail].