END-USER LICENSE AGREEMENT | |
PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, | |
OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER | |
HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE | |
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. | |
IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE | |
INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE. | |
1. Thanks. Congratulations and thank you for licensing our | |
software. We're sorry to cramp your style, but out lawyers tell | |
us that if we want to keep control and ownership of the cool | |
stuff we're developing, we have to make sure you understand and | |
agree that you are just getting a right to use it and that that | |
right is limited in certain ways. So here's what follows is what | |
you need to know and agree to. | |
2. License. The server-only version of the software accompanying | |
this license and the related documentation (the "Server-Only | |
Software") are licensed for your use and gaming enjoyment, | |
subject to terms and limitations in this license agreement. This | |
is not a full fledged version of the software; it is a Server- | |
Only version. | |
3. Use Restrictions. We want you to enjoy our products for years to | |
come, and we want to be able to continue to send you awesome | |
games, so you need to be aware that there are some things you | |
cannot do with the Server-Only Software. The Server-Only | |
Software contains copyrighted material, trade secrets and other | |
proprietary material. You may not decompile, modify, reverse | |
engineer, prepare derivative works based on the Server-Only | |
Software, or disassemble the Server-Only Software. You may not | |
rent, sell, lease, barter, or sublicense the Server-Only | |
Software. You may not delete the copyright notices or any other | |
proprietary legends on the original copy of the Server-Only | |
Software. You may not offer the Server-Only Software on a | |
pay-per-play basis or otherwise commercially exploit the Server- | |
Only Software or use the Server-Only Software for any commercial | |
purpose. You may, however, exchange the Server-Only Software at | |
no charge among other end-users and distribute them to others | |
over the Internet, on magazine cover disks, or otherwise for | |
free. You may not ship or export the Server-Only Software to any | |
country other than where you bought it, in violation of the U.S. | |
Export Administration Act (or any other law governing such | |
matters) and you will not utilize and will not authorize anyone | |
to utilize the Server-Only Software in violation of any | |
applicable law. The Server-Only Software may not be 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 or | |
into any country who/which are prohibited by applicable law, from | |
receiving it. | |
4. Termination. This license is effective until one of us terminate | |
it. You may terminate this license at any time by destroying the | |
Server-Only Software and related documentation. In the unlikely | |
event that you are naughty and fail to comply with any provision | |
of this license, this license will terminate immediately without | |
notice from us. Upon termination, you must destroy the Server- | |
Only Software and related documentation. Please don't wait for | |
us to come after you; it would not be pleasant for either of us. | |
If we do have to come after you, we're going to expect you to pay | |
us for our troubles, including the cost of our lawyers. | |
5. Disclaimer of Warranty on Software. You are aware and agree that | |
use of the Server-Only Software and the media on which it is | |
recorded at your sole risk. The Server-Only Software, related | |
documentation and the media are provided "AS IS". INFOGRAMES | |
(OUR PUBLISHER) AND EPIC GAMES, INC. ("EPIC") EXPRESSLY DISCLAIM | |
ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT | |
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS | |
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS | |
CONTAINED IN THE SERVER-ONLY SOFTWARE WILL MEET YOUR | |
REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY | |
US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A | |
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME | |
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, | |
S0 THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. | |
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING | |
WITHOUT LIMITATION, NEGLIGENCE, SHALL INFOGRAMES, EPIC OR ANY OF | |
THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, | |
LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, | |
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR | |
INABILITY TO USE THE SERVER-ONLY SOFTWARE OR RELATED | |
DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE | |
POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW | |
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR | |
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY | |
NOT APPLY TO YOU. In no event shall our total liability to you | |
for all damages, losses, and causes of action (whether in | |
contract, tort or otherwise) exceed the amount paid by you for | |
the Software. | |
7. Controlling Law and Severability. This license is governed by | |
and construed in accordance with the laws of the State of North | |
Carolina, USA. Exclusive venue for all litigation shall be in | |
Wake County, North Carolina. If any provision of this license is | |
unenforceable, the rest of it shall remain in effect. | |
8. Complete Agreement. This license constitutes the entire | |
agreement between the parties with respect to the use of the | |
Server-Only Software and the related documentation. However, | |
Infogrames and Epic reserve the right to modify the terms of this | |
license from time to time and will post notice of material | |
changes somewhere within www.epicgames.com. | |
9. Copyright. The Server-Only Software and all copyrights, | |
trademarks and all other conceivable intellectual property rights | |
related to the Server-Only Software are owned by Infogrames, Epic | |
or such parties' licensors and are protected by United States | |
copyrights laws, international treaty provisions, an army of | |
clones, and all applicable law, such as the Lanham Act. You must | |
treat the Server-Only Software like any other copyrighted | |
material, as required by 17 U.S.C. section 101 et seq. and other | |
applicable law. This program you've licensed was produced | |
through the efforts of many people who earn their livelihood from | |
its lawful use. | |
10. Enjoyment Requirements. We are aware that there are rumblings | |
and grumblings within the gaming community about heavy handed, | |
legally onerous license agreements. You have our word that this | |
one is as fair and even handed as it gets and, as you have read | |
this far, you know it to be true. Now, be gone from this screen | |
and enjoy the Server-Only Software, and if you like it, be sure | |
to tell all your friends how great it is and make sure they try | |
it, too! | |