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Kompuutteri Kaikille K-CD 2001 #15
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EULA.txt
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2001-07-13
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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE
USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE
OR CONTACT SIERRA ON-LINE, INC. CUSTOMER SERVICE AT (425) 746-5771
FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN 30 DAYS OF THE
ORIGINAL PURCHASE.
This software program (the "Program"), any printed materials, any
on-line or electronic documentation, and any and all copies and
derivative works of such software program (including materials
created with a so called level editor, if included) and materials
are the copyrighted works of Twentieth Century Fox Film Corporation
("Fox") and is distributed by Sierra On-Line, Inc., a division of
Vivendi Universal Interactive Publishing North America, Inc. All
rights reserved, except as expressly stated herein. All use of the
Program is governed by the terms of this End User License Agreement
provided below ("License Agreement"). The Program is solely for use
by end users according to the terms of the License Agreement. Any
use, reproduction or redistribution of the Program not in accordance
with the terms of the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Sierra On-Line, Inc. ("Sierra") hereby
grants, and by installing the Program you thereby accept, a
limited, non-exclusive license and right to install and use one
(1) copy of the Program for your use on either a home, business
or portable computer. In addition, the Program may have a multi-
player capability that allows users to utilize the Program over
the Internet via SierraÆs online game network Sierra.com or
other gaming network. Use of the Program over Sierra.com is
subject to your acceptance of Sierra.comÆs Terms of Use
Agreement. Sierra On-Line, Inc. reserves the right to update,
modify or change the Sierra.com Terms of Use Agreement at any
time. The Program may also contain a Level Editor (the "Editor")
that allows you to create custom levels or other materials for
your personal use in connection with the Program ("New
Materials"). All use of the Editor or any New Materials is
subject to this License Agreement. The Program is licensed, not
sold. Your license confers no title or ownership in the Program.
2. Ownership. All title, ownership rights and intellectual
property rights in and to the Program and any and all copies
thereof (including but not limited to any titles, computer code,
themes, objects, characters, character names, stories, dialog,
catch phrases, locations, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and
"applets" incorporated into the Program) are owned by Fox or its
licensors. The Program is protected by the copyright laws of the
United States, international copyright treaties and conventions
and other laws. All rights are reserved. The Program contains
certain licensed materials and Fox and its licensors may protect
their rights in the event of any violation of this Agreement.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not,
in whole or in part, copy, photocopy, reproduce, translate,
reverse engineer, derive source code, modify, disassemble,
decompile, create derivative works based on the Program, or
remove any proprietary notices or labels on the Program
without the prior consent, in writing, of Sierra.
B. The Program is licensed to you as a single product. Its
component parts may not be separated for use on more than
one computer.
C. You are entitled to use the Program for your own use, but
you are not entitled to:
(i) sell, grant a security interest in or transfer
reproductions of the Program to other parties in any
way, nor to rent, lease or license the Program to others
without the prior written consent of Sierra.
(ii) exploit the Program or any of its parts for any
commercial purpose including, but not limited to, use at
a cyber cafΘ, computer gaming center or any other
location-based site. Sierra may offer a separate Site
License Agreement to permit you to make the Program
available for commercial use. Please contact Sierra for
details;
(iii) host or provide matchmaking services for the
Program or emulate or redirect the communication
protocols used by Sierra in the network feature of the
Program, through protocol emulation, tunneling,
modifying or adding components to the Program, use of a
utility program or any other techniques now known or
hereafter developed, for any purpose including, but not
limited to network play over the Internet, network play
utilizing commercial or non-commercial gaming networks
or as part of content aggregation networks without the
prior written consent of Sierra;
(iv) create or maintain, under any circumstance, more
than one simultaneous connection to Sierra.com. All such
connections to Sierra.com, whether created by the
Program or by other tools and utilities, may only be
made through methods and means expressly approved by
Sierra On-Line, Inc. Under no circumstances may you
connect, or create tools that allow you to connect to
Sierra.comÆs private binary interface or interfaces
other than those explicitly provided by Sierra On-Line,
Inc. for public use.
4. Program Transfer. You may permanently transfer all of your
rights under this License Agreement, provided the recipient
agrees to the terms of this License Agreement and you agree to
remove the Program from your home or portable computer.
5. Termination. This License Agreement is effective until
terminated. You may terminate the License Agreement at any time
by destroying the Program. Sierra may, at its discretion,
terminate this License Agreement in the event that you fail to
comply with the terms and conditions contained herein. In such
event, you must immediately destroy the Program.
6. Export Controls. The Program may not be re-exported,
downloaded or otherwise exported into (or to a national or
resident of) any country to which the U.S. has embargoed goods,
or to anyone on the U.S. Treasury DepartmentÆs list of Specially
Designated Nationals or the U.S. Commerce DepartmentÆs Table of
Denial Orders. By installing the Program, you are agreeing to
the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or
resident of any such country or on any such list.
7. Limited Warranty. Sierra and Fox expressly disclaim any
warranty for the Program, Editor and Manual(s). The Program,
Editor and Manual(s) are provided "as is" without warranty of
any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness
for a particular purpose, or noninfringement. The entire risk
arising out of use or performance of the Program and Manual(s)
remains with the User, however Sierra warrants up to and
including 90 days from the date of your purchase of the Program
that the media containing the Program shall be free from defects
in material and workmanship. In the event that the media proves
to be defective during that time period, and upon presentation
to Sierra of proof of purchase of the defective Program, Sierra
will at its option 1) correct any defect, 2) provide you with a
product of equal or lesser value, or 3) refund your money. Some
states do not allow the exclusion or limitation of implied
warranties or liability for incidental damages, so the above
limitations may not apply to you.
8. Limitation of Liability. NEITHER FOX, SIERRA, VIVENDI
UNIVERSAL INTERACTIVE PUBLISHING NORTH AMERICA, INC. ,OR THEIR
PARENTS, SUBSIDIARIES OR AFFILIATES, SHALL BE LIABLE IN ANY WAY
FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE
PROGRAM OR USE OF SIERRA ON-LINE, INC.ÆS ONLINE GAME NETWORK,
SIERRA.COM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES. SIERRA FURTHER DISCLAIMS ALL
WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN
SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY
OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER,
SIERRA ON-LINE, INC. SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS
OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER
PROFILE INFORMATION STORED ON SIERRA.COM. I UNDERSTAND AND
ACKNOWLEDGE THAT SIERRA ON-LINE, INC. CANNOT AND WILL NOT BE
RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE ON SIERRA.COM
INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR
HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS
OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the
exclusion or limitation of incidental or consequential damages,
or allow limitations on how long an implied warranty lasts, so
the above limitations may not apply.
9. Equitable Remedies. You hereby agree that Fox and/or Sierra
would be irreparably damaged if the terms of this License
Agreement were not specifically enforced, and therefore you
agree that Fox and/or Sierra shall be entitled, without bond,
other security, or proof of damages, to appropriate equitable
remedies with respect to breaches of this License Agreement, in
addition to such other remedies as Fox and/or Sierra may
otherwise have available to it under applicable laws. In the
event any litigation is brought by either party in connection
with this License Agreement, the prevailing party in such
litigation shall be entitled to recover from the other party all
the costs, attorneysÆ fees and other expenses incurred by such
prevailing party in the litigation.
10. Limitations on License. Nothing in this License Agreement
shall preclude you from making or authorizing the making of
another copy or adaptation of the Program provided, however,
that (1) such new copy or adaptation is created as an essential
step in your utilization of the Program in accordance with the
terms of this License Agreement and for NO OTHER PURPOSE; or (2)
such new copy or adaptation is for archival purposes ONLY and
all archival copies are destroyed in the event of your Transfer
of the Program, the Termination of this Agreement or other
circumstances under which your continued use of the Program
ceases to be rightful.
11. Miscellaneous. This License Agreement shall be deemed to
have been made and executed in the State of California and any
dispute arising hereunder shall be resolved in accordance with
the law of California. You agree that any claim asserted in any
legal proceeding by one of the parties against the other shall
be commenced and maintained in any state or federal court
located in the State of California, County of Los Angeles,
having subject matter jurisdiction with respect to the dispute
between the parties. This License Agreement may be amended,
altered or modified only by an instrument in writing, specifying
such amendment, alteration or modification, executed by both
parties. In the event that any provision of this License
Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provision will
be enforced to the maximum extent permissible and the remaining
portions of this License Agreement shall remain in full force
and effect. This License Agreement constitutes and contains the
entire agreement between the parties with respect to the subject
matter hereof and supersedes any prior oral or written
agreements.
I hereby acknowledge that I have read and understand the foregoing
License Agreement and agree that the action of installing the
Program is an acknowledgment of my agreement to be bound by the
terms and conditions of the License Agreement contained herein. I
also acknowledge and agree that this License Agreement is the
complete and exclusive statement of the agreement between Sierra and
I and that the License Agreement supersedes any prior or
contemporaneous agreement, either oral or written, and any other
communications between Sierra and myself.