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137 lines
7.7 KiB
Plaintext
137 lines
7.7 KiB
Plaintext
=============================================================================
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Epic MegaGames, Inc.
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LIMITED USE SOFTWARE LICENSE AGREEMENT
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=============================================================================
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Epic MegaGames, Inc. ("Epic") grants to you, the end user, a limited
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license to install and use this game program, and to use the associated
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information and written materials (collectively the "Game Materials"),
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subject to the terms of this Limited Use Software License Agreement
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("Agreement"). This is a legal contract between you, the end user, and
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Epic. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE GAME
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PROGRAM.
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IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR
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USE THE GAME PROGRAM, AND YOU MUST RETURN THE GAME AND GAME MATERIALS TO
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EPIC MEGAGAMES IMMEDIATELY.
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1. Grant of License. Epic hereby grants to you, and you accept, a non-
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exclusive license to use the game program and the computer software
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contained therein in object-code-only form (collectively referred to as
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the "Game"), and the accompanying information and written materials
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(collectively referred to as the "Game Materials"), only as authorized
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in this Agreement. THE GAME MAY BE USED ONLY ON A SINGLE COMPUTER OWNED,
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LEASED, OR OTHERWISE CONTROLLED BY YOU; or in the event of the
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inoperability of that computer, on a backup computer selected by you.
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Neither concurrent use on two or more computers nor use in a local area
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network or other network is authorized without the advance written
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consent of Epic and the payment of additional license fees. You agree
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that you will not assign, sublicense, transfer, pledge, lease, rent, or
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share your rights under this Agreement.
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2. Copying Prohibited. Except as authorized under this paragraph, NO
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COPIES OF THE GAME OR ANY PORTIONS THEREOF MAY BE MADE BY YOU OR ANY
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PERSON UNDER YOUR AUTHORITY OR CONTROL. Upon downloading or installing
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the Game into your computer, you may make and retain one copy of the
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Game for the purpose of backup in the event that the Game is damaged or
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destroyed. Any such copy of the Game shall include Epic's copyright and
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other proprietary notices.
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3. Licensor's Rights. You acknowledge and agree that the Game consists
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of proprietary, published and unpublished products of Epic, protected
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under United States copyright law and trade secret laws of general
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applicability, and international treaty provisions. You further
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acknowledge and agree that ALL RIGHT, TITLE, AND INTEREST IN AND TO THE
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GAME ARE AND SHALL REMAIN WITH EPIC. This Agreement does not convey to
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you an interest in or to the Game, but only a limited right of use that
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may be revoked by Epic in accordance with the terms of this Agreement.
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4. Prohibited Uses. UNDER NO CIRCUMSTANCES SHALL YOU ENGAGE IN, OR
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KNOWINGLY PERMIT OTHERS TO ENGAGE IN, ANY OF THE FOLLOWING WITH RESPECT
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TO THE GAME AND RELATED MATERIALS:
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a. Renting the Game or related materials;
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b. Selling the Game or related materials;
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c. Leasing the Game or related materials;
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d. Offering the Game on a pay-per-play or similar
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basis;
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e. Distributing the Game for money or other
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consideration;
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f. Copying the Game or any portion thereof except as
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permitted above with respect to a single backup
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copy; or
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g. In any manner and through any medium whatsoever
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commercially exploit the Game or use the Game for
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any commercial purpose.
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5. License Fees. The license fees paid by you are paid in consideration
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of the limited use license granted under this Agreement.
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6. Term. THIS AGREEMENT IS EFFECTIVE UPON YOUR ACCESSING AND USING THE
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GAME ON YOUR COMPUTER, and shall continue until terminated. You may
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terminate this Agreement at any time by returning the Game and all copies
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thereof and extracts therefrom to Epic. Epic may terminate this Agreement
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upon the breach by you of any term hereof. Upon such termination by Epic,
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you agree to return to Epic the Game and all copies and portions thereof.
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7. Limited Warranty. Epic warrants, for your benefit alone, that the
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Game and the Game Materials shall, for a period of thirty (30) days from
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the date of commencement of this Agreement (referred to as the Warranty
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Period), be free from defects in material and workmanship. Epic further
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warrants, for your benefit alone, that during the Warranty Period the
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Game shall operate substantially in accordance with the functional
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specifications in the Game Materials. If, during the Warranty Period, a
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defect in the Game appears, you may return the Game to Epic for either
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replacement or, if so elected by Epic, refund of amounts paid by you
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under this Agreement. You agree that the foregoing constitutes your
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sole and exclusive remedy for breach by Epic of any warranties made under
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this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE GAME, AND
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THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND EPIC DISCLAIMS
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ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
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(WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
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FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE GAME WILL FUNCTION IN
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CONJUNCTION WITH OR ON ANY COMPUTER HARDWARE OR SOFTWARE NOT EXPRESSLY
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SUPPORTED BY THE GAME AT THE TIME THIS AGREEMENT FIRST BECOMES EFFECTIVE.
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8. Limitation of Liability. Epic's cumulative liability to you or any
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other party for any loss or damages resulting from any claims, demands,
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or actions arising out of or relating to this Agreement shall not exceed
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the license fee paid to Epic for the use of the Game. In no event shall
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Epic be liable for any indirect, incidental, consequential, special, or
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exemplary damages or lost profits, even if Epic has been advised of the
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possibility of such damages.
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9. Trademark. The names Epic and Epic MegaGames, as well as the names
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of the Game or Games licensed hereunder, are valuable registered and/or
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unregistered trademarks of Epic. No right, license, or interest to such
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trademark is granted hereunder, and you agree that no such right, license,
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or interest shall be asserted by you with respect to such trademarks.
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10. Governing Law and Choice of Forum. This Agreement shall be construed
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and governed in accordance with the laws of the State of Virginia, and any
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action brought by either party to this Agreement against the other party
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regarding the subject matter hereof, shall be brought in the United States
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District Court for the Eastern District of Virginia, Alexandria Division,
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unless the parties agree in writing to the adjudication of the dispute by
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another court.
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11. Costs of Litigation. If any action is brought by either party to
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this Agreement against the other party regarding the subject matter hereof,
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the prevailing party shall be entitled to recover, in addition to any other
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relief granted, reasonable attorney fees and expenses of litigation.
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12. Severability. Should any term of this Agreement be declared void or
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unenforceable by any court of competent jurisdiction, such declaration
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shall have no effect on the remaining terms hereof.
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13. No Waiver. The failure of either party to enforce any rights granted
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hereunder or to take action against the other party in the event of any
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breach hereunder shall not be deemed a waiver by that party as to
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subsequent enforcement of rights or subsequent actions in the event of
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future breaches.
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14. Entire Agreement. This Agreement constitutes the entire Agreement
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between the parties. This Agreement may not be amended or modified except
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in a writing signed by you and Epic.
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