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