END-USER LICENSE AGREEMENT
INFOGRAMES, INC. ("INFOGRAMES") IS WILLING TO LICENSE THE GAME CONTAINED ON THIS DISC OR CARTRIDGE AND ANY ACCOMPANYING DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT" BUTTON.
PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING THE "I ACCEPT" BUTTON, AS BY CLICKING THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE DISC OR CARTRIDGE IN ITS ORIGINAL PACKAGING TO THE PLACE OF PURCHASE.
1. Grant of License. The software accompanying this license and related documentation (the "Software") is licensed to you, not sold, by Infogrames, and its use is subject to this license. Infogrames grants to you a limited, personal, non-exclusive right to use the Software in the manner described in the user documentation. If the Software is configured for loading onto a hard drive, you may load the Software only onto the hard drive of a single machine and run the Software from only that hard drive. You may permanently transfer all rights Infogrames grants to you in this license, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, and any upgrades), and the recipient reads and accepts this license. Infogrames reserves all rights not expressly granted to you by this Agreement.
2. Restrictions. Infogrames or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software contains copyrighted material, trade secrets and other proprietary material. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lease, sublicense or distribute the Software. You may not electronically transmit the Software from one computer, console or other platform to another or over a network. Any attempt to transfer any of the rights, duties or obligations hereunder is void. Infogrames may, in its sole discretion, offer technical support for the Software for a period not exceeding two (2) years following the initial commercial shipment of the Software.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software. This License will terminate immediately without notice from Infogrames if you fail to comply with any provision of this license. Upon termination, you must destroy the Software.
4. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and the media are provided "AS IS." Unless otherwise provided by applicable law, Infogrames warrants to the original purchaser of this product that the Software storage medium will be free from defects of materials and workmanship for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. INFOGRAMES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFOGRAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INFOGRAMES OR ANY INFOGRAMES-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INFOGRAMES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INFOGRAMES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL INFOGRAMES' 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. 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.
6. Editor and End-User Variations. If the Software includes a feature that allows you to modify the Software or to construct new variations for use with it (an "Editor"), you may not sell it or repackage it for sale. If you create modifications or enhancements to the Software using the Editor, including the construction of new levels (collectively, the "Variations"), you are subject to the following restrictions: (i) your Variations must only work with the full, registered copy of the Software; (ii) your Variations must not contain modifications to any executable file; (iii) your Variations must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties; (iv) by distributing or permitting the distribution of any of your Variations, you hereby grant back to Infogrames an irrevocable royalty-free right to use and distribute them by any means. The prohibitions and restrictions in this Section apply to anyone in possession of the Software or any of your Variations.
7. Miscellaneous. This license shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law and/or conflicts of law jurisprudence, and controlling U.S. Federal law; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and state courts of New York County, New York. If any provision of this license is unenforceable, the rest of it shall remain in effect. This license (including any addendum or amendment to this license which is included with the Software) constitutes the entire agreement between you and Infogrames with respect to the use of the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this license.
