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