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Wed Nov 30 09:43:32 2005 UTC (8 years, 7 months ago) by chriswhite
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1 seemant 1.1
2     YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
3     INSTALLING THIS VALVE PRIMARY SERVER, v.4.1.0.9 (WINDOWS) / v.3.1.0.9
4     (LINUX). BY INSTALLING OR OTHERWISE USING THIS SOFTWARE PROGRAM, YOU AGREE
5     TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
6     OF THIS AGREEMENT, CLICK THE CANCEL BUTTON BELOW AND DO NOT INSTALL THIS
7     SOFTWARE PROGRAM.
8    
9     This Valve Primary Server, v.4.1.0.9 (Windows) / v.3.1.0.9 (Linux) software
10     program, including any electronic documentation (collectively, the
11     "Program"), any printed materials, and any and all copies of such Program
12     and materials are the copyrighted work of Valve, L.L.C. and/or its wholly
13     owned subsidiaries, or its suppliers or licensors. All rights are reserved,
14     except as expressly stated below. Your use of the Program is governed by the
15     terms of the End User License Agreement provided below ("License
16     Agreement"). The Program is solely for use by end users according to the
17     terms of the License Agreement. Any use, reproduction or redistribution of
18     the Program not in accordance with the terms of the License Agreement is
19     expressly prohibited.
20     END USER LICENSE AGREEMENT
21    
22     1. Limited Use License. Valve, L.L.C ("Valve") hereby grants, and
23     by installing the Program you thereby accept, a limited, non-exclusive
24     license and right to:
25     (a) install and use the Program on an unlimited number of computers
26     for the purpose of hosting online multiplayer games of Half-Life and other
27     Valve computer games based on the Valve 1 Engine (as defined below); and
28     (b) reproduce and distribute exact copies of the Program without
29     charge, in the same form and with all associated files that the Program is
30     received by Licensee pursuant to this Agreement, provided that Licensee
31     will: (1) distribute copies of the Program only in object code format; (2)
32     only distribute copies of the Program with this Agreement included and
33     subject to the receiving party agreeing to the terms of this Agreement; and
34     (3) preserve in all copies of the Program all copyright and legal notices
35     that are attached to the copy of the Program received by Licensee pursuant
36     to this Agreement.
37     The "Valve 1 Engine" means the computer game engine on which Half-Life is
38     based. The Program is licensed, not sold. Your license confers no title or
39     ownership in the Program.
40     2. Ownership. All title, ownership rights and intellectual property
41     rights in and to the Program and any and all copies thereof (including but
42     not limited to any titles, computer code, themes, objects, characters,
43     character names, stories, dialog, catch phrases, locations, concepts,
44     artwork, animations, sounds, musical compositions, audio-visual effects,
45     methods of operation, moral rights, any related documentation, and "applets"
46     incorporated into the Program) are owned by Valve or its licensors. The
47     Program is protected by the copyright laws of the United States,
48     international copyright treaties and conventions and other laws. All rights
49     are reserved. The Program contains certain licensed materials and Valve’s
50     licensors may protect their rights in the event of any violation of this
51     Agreement.
52     3. Responsibilities of End User.
53     A. Subject to the license grant above, you may not, in whole
54     or in part, copy, photocopy, reproduce, translate, reverse engineer, derive
55     source code, modify, disassemble, decompile, or create derivative works
56     based on the Program, or remove any proprietary notices or labels on the
57     Program without the prior consent, in writing, of Valve.
58     B. The Program is licensed to you as a single product. Its
59     component parts may not be separated for use on more than one computer.
60     C. You are entitled to use the Program for use in hosting
61     online multiplayer games of Half-Life and other Valve computer games based
62     on the Valve 1 Engine, but you are not entitled to sell, grant a security
63     interest in or transfer reproductions of the Program to other parties in any
64     way, nor to rent, lease or license the Program to others without the prior
65     written consent of Valve.
66     D. If you wish to operate a game server using the Program,
67     you will be solely responsible for procuring any Internet access, bandwidth,
68     or hardware for such activities and will bear all costs associated
69     therewith.
70     4. No Transfer. You may not transfer or assign this License
71     Agreement or any of your rights or obligations under this License Agreement.
72     5. Termination. Any license agreement to which you may have
73     previously agreed that governs your use of prior versions of the Program is
74     hereby terminated. This License Agreement is effective until the earlier of
75     (i) termination of this License Agreement by you or Valve or (ii) the public
76     release of a new version of the Program. You may terminate the License
77     Agreement at any time by destroying all copies of the Program in your
78     possession. Valve may, at its discretion, terminate this License at any time
79     upon notifying you of such termination. In such event, you must immediately
80     destroy the all copies of the Program in your possession. The provisions of
81     Sections 2, 5, and 8-12 will survive any termination of the Agreement.
82     6. Updates; New Versions. Valve may, in its sole discretion,
83     provide updates or new versions of the Program in the future. Valve may
84     provide such updates or future versions subject to a separate license, which
85     may by its terms terminate this license pursuant to Section 5.
86     7. Export Controls. You agree to comply with all applicable laws,
87     regulations, rulings and executive orders of any governmental authority
88     relating to the exportation or importation of Program, including but not
89     limited to the export and destination control regulations for U.S. goods.
90     The Program may not be re-exported, downloaded or otherwise exported into
91     (or to a national or resident of) any country to which the U.S. has
92     embargoed goods, including without limitation Cuba, Iran, Iraq, Libya, North
93     Korea, Sudan, and Syria, or to anyone on the U.S. Treasury Department’s list
94     of Specially Designated Nationals or the U.S. Commerce Department’s Table of
95     Denial Orders. By installing the Program, you are agreeing to the foregoing
96     and you are representing and warranting that you are not located in, under
97     the control of, or a national or resident of any such country or on any such
98     list.
99     8. No Warranties. The entire risk arising out of use or performance
100     of the Program remains with you. THE PROGRAM IS PROVIDED "AS IS," WITHOUT
101     WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
102     LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
103     PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT
104     THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE
105     AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. Some
106     states do not allow the exclusion or limitation of implied warranties, so
107     the above limitations may not apply to you.
108     9. Limitation of Liability. VALVE SHALL NOT BE LIABLE TO YOU, OR TO ANY
109     PERSON ACCESSING ONLINE GAMEPLAY HOSTED BY YOU, IN ANY WAY FOR LOSS OR
110     DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE PROGRAM, (INCLUDING
111     WITHOUT LIMITATION, YOUR HOSTING OF ONLINE MULTIPLAYER GAMES OF HALF-LIFE OR
112     OTHER COMPUTER GAMES BASED ON THE VALVE 1 ENGINE), INCLUDING, BUT NOT
113     LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
114     MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT
115     OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF VALVE HAS BEEN
116     ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, VALVE SHALL NOT BE
117     LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS,
118     STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT
119     VALVE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF ONLINE
120     GAMEPLAY THAT YOU HOST, INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS,
121     SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS
122     OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some states do not allow the
123     exclusion or limitation of incidental or consequential damages, so the above
124     limitations may not apply.
125     10. Equitable Remedies. You hereby agree that Valve would be
126     irreparably damaged if the terms of this License Agreement were not
127     specifically enforced, and therefore you agree that Valve shall be entitled,
128     without bond, other security, or proof of damages, to appropriate equitable
129     remedies with respect to breaches of this License Agreement, in addition to
130     such other remedies as Valve may otherwise have available to it under
131     applicable laws. In the event any litigation is brought by either party in
132     connection with this License Agreement, the prevailing party in such
133     litigation shall be entitled to recover from the other party all the costs,
134     attorneys’ fees and other expenses incurred by such prevailing party in the
135     litigation.
136     11. Limitations on License. Nothing in this License Agreement shall
137     preclude you from making or authorizing the making of another copy or
138     adaptation of the Program provided, however, that (1) such new copy or
139     adaptation is created as an essential step in your utilization of the
140     Program in accordance with the terms of this License Agreement and for NO
141     OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes
142     ONLY and all archival copies are destroyed in the event of your transfer of
143     the Program, the termination of this Agreement or other circumstances under
144     which your continued use of the Program ceases to be rightful.
145     12. Miscellaneous. This License Agreement shall be deemed to have
146     been made and executed in the State of Washington and any dispute arising
147     hereunder shall be resolved in accordance with the law of Washington. You
148     agree that any claim asserted in any legal proceeding by you against Valve
149     or its licensors shall be commenced and maintained in any state or federal
150     court located in King County, Washington having subject matter jurisdiction
151     with respect to the dispute between the parties. This License Agreement may
152     be amended, altered or modified only by an instrument in writing, specifying
153     such amendment, alteration or modification, executed by both parties. In the
154     event that any provision of this License Agreement shall be held by a court
155     or other tribunal of competent jurisdiction to be unenforceable, such
156     provision will be enforced to the maximum extent permissible and the
157     remaining portions of this License Agreement shall remain in full force and
158     effect. This License Agreement constitutes and contains the entire agreement
159     between the parties with respect to the subject matter hereof and supersedes
160     any prior oral or written agreements.
161     You hereby acknowledge that you have read and understand the foregoing
162     License Agreement and agree that the action of installing the Program is an
163     acknowledgment of your agreement to be bound by the terms and conditions of
164     the License Agreement contained herein. You also acknowledge and agree that
165     this License Agreement is the complete and exclusive statement of the
166     agreement between Valve and you with regard to the subject matter hereof and
167     that the License Agreement supersedes any prior or contemporaneous
168     agreement, either oral or written, and any other communications between
169     Valve and you regarding the subject matter hereof.

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