| 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 our 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 demonstration version of the software accompanying |
| this license and the related documentation (the "Demo 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 demonstration 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 |
| Demo Software. The Demo Software contains copyrighted material, trade |
| secrets and other proprietary material. You may not decompile, modify, |
| reverse engineer, prepare derivative works based on the Demo Software, |
| or disassemble the Demo Software. You may not rent, sell, lease, |
| barter, or sublicense the Demo Software. You may not delete the |
| copyright notices or any other proprietary legends on the original copy |
| of the Demo Software. You may not offer the Demo Software on a |
| pay-per-play basis or otherwise commercially exploit the Demo Software |
| or use the Demo Software for any commercial purpose. You may, however, |
| exchange the Demo 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 Demo 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 Demo |
| Software in violation of any applicable law. The Demo 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 Demo |
| 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 Demo 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 Demo Software and the media on which it is recorded at your |
| sole risk. The Demo 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 DEMO 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 |
| DEMO 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 Demo 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 Demo Software and all copyrights, trademarks and all |
| other conceivable intellectual property rights related to the Demo |
| 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 Demo 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. |
| These people like to eat, so please feel free to make as many copies of |
| only this Demo Software for your friends and acquaintances to enjoy it |
| as well............and maybe they'll license full versions like we know |
| you will. |
| |
| 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 Demo Software, |
| and if you like it, be sure to tell all your friends how great it is and |
| make sure they try it, too! |
| |