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Revision 1.1 - (hide annotations) (download)
Sat Oct 5 21:26:41 2002 UTC (11 years, 9 months ago) by phoenix
Branch: MAIN
CVS Tags: GENTOO_1_4_SNAP_2003010800, HEAD
Branch point for: RELEASE-1_4
Switching license layout for ut2003

1 phoenix 1.1 END-USER LICENSE AGREEMENT
2    
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.
9    
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.
17    
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-
23     Only version.
24    
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
51     receiving it.
52    
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.
63    
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.
78    
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
92     the Software.
93    
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.
99    
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.
106    
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
117     its lawful use.
118    
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
126     it, too!

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