| EA TOOLS END USER LICENSE |
| |
| Electronic Arts Inc, and its subsidiaries, affiliates and licensors |
| (collectively, "EA") grants you a non- transferable non-exclusive license to |
| download and/or install and use one copy of the software tool ("Tool") and/or |
| materials ("Materials") (collectively the "Tools & Materials") solely for your |
| personal noncommercial use in connection with EA's products, in accordance with |
| the terms below. |
| |
| EA owns all of the rights, title and interest in the Tools & Materials. You may |
| not alter any of EA's trademarks or logos, or alter or remove any of EA's |
| trademark or copyright notices included in or with the Tools & Materials or |
| EA's products. Your right to use Tools & Materials is limited to the license |
| grant above, and you may not otherwise copy, display, distribute, perform, |
| publish, modify, create works from, or use any of the Tools & Materials. |
| Without limiting the preceding sentence, you may not modify, reverse engineer, |
| disassemble, license, transfer, distribute, create works from, or sell the |
| Tool, or use the Tools & Materials to further any commercial purpose. Without |
| limiting the foregoing, you may not use the Tools & Materials to promote |
| another product or business, or on any site that operates or promotes a server |
| emulator. |
| |
| You may include materials created with the Tools & Materials on your personal |
| noncommercial website for the noncommercial benefit of the fan community for |
| EA's products and provided that if you do so, you must also post the following |
| notice on your site on the same web page(s) where those materials are located: |
| "This site is not endorsed by or affiliated with Electronic Arts, or its |
| licensors. Trademarks are the property of their respective owners. Game |
| content and materials copyright Electronic Arts Inc. and its licensors. All |
| Rights Reserved." You will not represent that your site is endorsed or |
| approved by or affiliated with EA or our licensors or that any other content on |
| your site is endorsed or approved by or affiliated with EA or our licensors. |
| |
| THESE TOOLS & MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY |
| KIND, EXPRESS OR IMPLIED. EA SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS |
| FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. |
| |
| ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN BY YOU |
| ENTIRELY AT YOUR OWN RISK. EA DOES NOT WARRANT THAT THESE TOOLS & MATERIALS |
| WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER |
| TECHNOLOGY. |
| |
| EA WILL NOT PROVIDE SUPPORT FOR THESE TOOLS & MATERIALS. PLEASE DO NOT CALL OR |
| SEND EMAIL TO EA CUSTOMER SUPPORT REGARDING THESE TOOLS & MATERIALS, AS EA WILL |
| NOT BE ABLE TO ANSWER THESE INQUIRIES. |
| |
| IN NO EVENT SHALL EA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, |
| SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO |
| THIS LICENSE EVEN IF EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| |
| EA RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THESE TOOLS & |
| MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO ANYONE. |
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| At EA's request, you agree to defend, indemnify and hold harmless EA from all |
| liabilities, claims and expenses, including attorneys' fees, arising from any |
| breach of this License by you and/or your use or misuse of the Tools & |
| Materials. |
| |
| EA may make the Tools & Materials available at its site(s) located in the |
| United States and/or Canada and/or the European Union. You are solely |
| responsible for knowing and complying with all federal, state, and local laws |
| that may apply to your use of Tools & Materials in your own locale. By |
| downloading any Tools & Materials, you warrant that you are not located in any |
| country, or exporting the Tools & Materials to any person or place, to which |
| the United States and/or Canada and/or European Union or its member countries |
| has embargoed goods. |
| |
| EA may revoke or terminate this license at any time, for any reason or no |
| reason, in its sole discretion. Upon termination, you must destroy or return |
| to EA all Tools & Materials. This License is governed by United States |
| Copyright and California law (without regard to conflicts of law), and is the |
| entire agreement between EA and you regarding the Tools & Materials. |
| |
| Please type "accept" if you agree to the above terms, or "decline" to |
| discontinue. If you decline, you may not use the Tools & Materials. |
| |
| --- |
| |
| SOFTWARE LICENSE AGREEMENT |
| |
| The terms of this Software License Agreement (this "Agreement") shall apply to |
| all versions, editions, and future updates of PunkBuster software and |
| constitute a legal agreement between you (the "Licensee") and Even Balance, |
| Inc. (the "Licensor"). |
| |
| BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS |
| CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF |
| LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST |
| NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE. |
| |
| EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN. |
| |
| Licensor grants Licensee a non-exclusive and non-transferable license to use |
| PunkBuster software only for non-commercial entertainment purposes. Licensee |
| may not disassemble, decompile, reverse engineer, redistribute (in any form), |
| create derivative works of, or modify PunkBuster software in any way. Licensor |
| reserves the right to terminate the license at any time and for any reason, or |
| no reason at all, and without notice to licensee. Additionally, upon breach of |
| any term of this Agreement, the license granted under this Agreement shall |
| automatically terminate without any additional notice to Licensee. Upon |
| termination of the license, Licensee shall destroy all copies of PunkBuster |
| software in Licensee's possession. |
| |
| Licensee acknowledges that PunkBuster software is optional and is not a |
| requirement in any respect for using or enjoying games that integrate |
| PunkBuster software technology. Licensee also acknowledges and agrees that |
| PunkBuster software is self-updating, which means that future updates will, |
| from time to time and without any notice, automatically be downloaded and |
| installed as a normal and expected function of PunkBuster software. Licensee |
| further acknowledges and accepts that PunkBuster software may be considered |
| invasive. Licensee understands that PunkBuster software inspects and reports |
| information about the computer on which it is installed to other connected |
| computers and Licensee agrees to allow PunkBuster software to inspect and |
| report such information about the computer on which Licensee installs |
| PunkBuster software. Licensee understands and agrees that the information that |
| may be inspected and reported by PunkBuster software includes, but is not |
| limited to, devices and any files residing on the hard-drive and in the memory |
| of the computer on which PunkBuster software is installed. Further, Licensee |
| consents to allow PunkBuster software to transfer actual screenshots taken of |
| Licensee's computer during the operation of PunkBuster software for possible |
| publication. Licensee understands that the purpose and goal of PunkBuster is to |
| ensure a cheat-free environment for all participants in online games. Licensee |
| agrees that the invasive nature of PunkBuster software is necessary to meet |
| this purpose and goal. Licensee agrees that any harm or lack of privacy |
| resulting from the installation and use of PunkBuster software is not as |
| valuable to Licensee as the potential ability to play interactive online games |
| with the benefits afforded by using PunkBuster software. |
| |
| Licensee agrees not to export or re-export into any country subject to U.S. |
| trade sanctions or to which the U.S. has embargoed goods or to any nationals or |
| residents of such countries unless such nationals are permanent residents of a |
| country that is not subject either to such sanctions or embargoed goods. |
| LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A |
| COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE. |
| |
| This Software License Agreement shall be construed in accordance with and |
| governed by the applicable laws of the State of Texas and applicable United |
| States federal law. Exclusive venue for all litigation regarding this Agreement |
| shall be in Harris County, Texas. Licensee agrees that any portion of this |
| Agreement found to be invalid or unenforceable shall be modified, to the extent |
| allowed by law, so as to allow for the enforcement of the original intended |
| meaning of the portion found to be invalid or unenforceable. |
| |
| PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY |
| KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF |
| DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR |
| DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE |
| UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC |
| REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS |
| OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS |
| PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER |
| INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF |
| PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, |
| LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO |
| ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE |
| OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS |
| TERMINATED BY EVENBALANCE, INC. OR LICENSEE. |
| |
| This Agreement constitutes the entire agreement between Licensor and Licensee |
| and supercedes any prior statements, whether written or oral. |