This section contains important information about warranties and
limitations of liability license.
In consideration of the license fee, which is a portion of the
price you paid, the software and data accompanying this license
(the "software") and related documentation are licensed
(not sold) to you by GT Interactive Software Corp. 417 Fifth
Avenue, New York N.Y 10016 U.S.A, and its co-licensors hereafter
collectively referred to as GT). GT does not transfer title to
the software to you; this license shall not be considered a
"sale" of the software. You own the compact disc on
which the software is recorded, but GT and its co-licensors
retain full and complete title to the software on that disc and
the accompanying documentation. This non-exclusive license gives
you the right to use and display this copy of the software for
your personal use only. Since the software is shipped on a
read-only medium (a compact disc), there is no need for backup or
archival copies of the software to be made; if you should receive
updates to this software on floppy disk(s), you are entitled to
make two archival backup copies of that disk(s). You are not
permitted to copy the software off the compact disc, beyond the
installation of the software itself, to any storage medium. This
license allows you to use the software on a single computer at a
single location at any one time.
RESTRICTIONS
The software
provides you with the ability to save and print specifically
selected information contained within the software. You may
exploit these features, where such capability is provided for
within the software, for your personal, non-commercial use only,
preserving all copyright notices that are embedded by the
software within those printed elements.
The software contains copyrighted material, trade secrets, and
other proprietary material and in order to protect them you may
not decompile, except as permitted by law, reverse engineer,
disassemble or otherwise reduce the software to a
human-perceivable form.
Except as provided for in this license, you may not copy, modify,
network, rent, lease or otherwise distribute the software; nor
can you make the software available by "bulletin
boards," online services, remote dial-in, network or
telecommunications link of any kind; nor can you create
derivative works based upon the software in whole or in part.
You may not electronically transmit or remotely operate the
software by any means, nor may you use the software over any type
of network.
Within the terms of this license agreement, licensee may transfer
all of the licence rights to the software to another party
providing that the original compact disc containing the software,
the related documentation, all copyright notices and a copy of
this license are transferred to that party, and providing that
party reads and agrees to accept the terms and conditions of this
license. Software updates.
Updated versions of the software may be created by GT from time
to time. Licensee acknowledges that GT is not responsible nor
liable for support, maintenance or the provision of any new
releases, enhancements or updates to the software. GT may at its
sole discretion make updates available to registered licensees
who have paid the update fee.
TERMINATION
This license is
effective until terminated by either party. You may terminate
this license at any time by returning to GT or destroying the
software and all related documentation and all copies and
installations thereof, whether made under the terms of this
license or otherwise, although no refund will be given by GT in
these circumstances. This license will terminate immediately
without notice from GT if you fail to comply with any provision
of this license. Upon termination, you must destroy or return to
GT the software and related documentation and all copies thereof,
whether made under the terms of this license or otherwise.
LIMITED WARRANTY AND DISCLAIMER
GT warrants the discs on which the software is recorded
to be free from defects in materials and workmanship under normal
use for a period of ninety (90) days from the date of purchase as
evidenced by a copy of the sales receipt or packing slip.
If a defect in the disc occurs in the warranty period (provided
that the software is properly used on the computer and with the
operating system for which it was designed) you should return it
to GT together with a proof of purchase or delivery and GT will
supply a free replacement.
GT will have no responsibility to replace a disc damaged by
accident, abuse or misapplication. Any implied warranties on the
disc, including the implied warranties of merchantability and
fitness for a particular purpose, are limited in duration to
ninety (90) days from the date of purchase or delivery. This
warranty gives you specific legal rights, and you may also have
other rights which may vary from jurisdiction to jurisdiction.
You expressly acknowledge and agree that use of the software is
at your sole risk.
GT warrants that the software will perform substantially in
accordance with its accompanying documentation (provided that the
software is properly used on the computer and with the operating
system for which it was designed) and that the documentation
correctly describes the operation of the software in all material
respects.
GT does not warrant that the functions contained in the software
will be uninterrupted or error-free, or that defects in the
software will be corrected. Furthermore, GT does not warrant or
make any representations regarding the use or the results of the
use of the software and related documentation in terms of their
correctness, accuracy, reliability or otherwise.
The limitations of liabilities described in this section also
apply to the third-party suppliers of materials used in the
software. The limitations of liabilities of GT and these third
parties are not cumulative; such third parties are the intended
beneficiaries of this section. No oral or written information or
advice by GT or a GT authorised representative shall create a
warranty or in any way increase the scope of the limited
warranty. Except as provided by this warranty you (and not GT)
assume the entire cost of all necessary servicing, repair or
correction. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
LIMITATION OF
LIABILITY
Under no
circumstances, including negligence, shall GT be liable for any
special or consequential damages such as, but not limited to lost
profit or loss of business that result from the use of, or the
inability to use, the software or related documentation, even if
GT or a GT authorised representative has been advised of the
possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall
GT's total liability to you for all damages, losses and causes of
actions [whether in contract, tort (including negligence) or
otherwise] exceed the amount paid by you for the software.
Nothing in this limitation of liability clause will limit or
exclude GT's liability except to the extent permitted by law.