NOTICE TO USER: PLEASE READ THIS LICENCE AGREEMENT CAREFULLY
BY INSTALLING THIS SOFTWARE YOU AGREE TO THESE TERMS
This ôLicenceö sets out the terms upon which you are allowed by Introversion Software Limited and its licensors (ôIntroversionö) to use the software incorporated in this installation package.
If you do not agree to these terms you may not use the Game and you must not install or run the software programmes in this installation package on this or any other computer.
LICENCE: Upon your acceptance of these terms and installation of this software package, Introversion grants you a non-exclusive, non-transferable, limited right and licence to install and use the software contained within this installation package and the accompanying associated media and applicable documentation (ôGameö) on and subject to these terms. This Licence does not give you any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property rights in or to the Game.
1. Scope
1.1. You may only:
a. use the Game for personal, non commercial use;
1.2. You must not:
a. use, copy, transfer or distribute the Game or part of it other than as permitted by this Licence;
b. modify, alter, adapt, merge, translate, decompile, disassemble, or reverse engineer or create derivative works of nor in any way attempt to derive the source code or the algorithmic nature of the Game nor use or disclose any source code in the Game except that you may make modify and adapt front end graphical components only as expressly provided at clause 1.3 below and except as permitted by applicable mandatory law each subject to clause 1.3 below;
c. disclose any confidential information in the Game;
d. use, assign, rent, loan, charge or otherwise deal in the Game or any part or interest therein or under this Licence except as expressly provided herein;
e. use the Game for any illegal or immoral purposes;
f. use the Game or any part of it for commercial use, for example use at a Internet cafe, computer gaming centre or any other location-based site;
g. without a further Licence, use the Game, or permit the use of the Game, on more than one computer, game console, handheld device or PDA at the same time;
h. use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Introversion and subject to acceptance of the terms and conditions of use;
i. sell, rent, lease, Licence, distribute or otherwise transfer this Game or any copies without the express prior written consent of Introversion;
j. remove any proprietary notices or labels or remove, disable or circumvent any copy protection contained on or within the Game;
k. export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
l. create data or executable programs which mimic data or functionality in the Game;
m. otherwise use, copy, transfer or distribute the Game or part of it except as expressly permitted by this Licence or in any manner which is inconsistent with this Licence;
n. use any information included in the Game which is marked or by its nature to be deemed confidential.
1.3. In using the Game for personal, non commercial use only, you may modify and adapt the front end graphical components of the Game only for personal, non commercial use with the Game and subject to the terms of this Licence. Where applicable law prohibits the restriction at 1.b above all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Introversion (or its licensors as determined by Introversion) on creation to the fullest extent possible.
2. Game Rights
2.1. You agree and acknowledge that all right, title, interest and ownership rights in any and all copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (ôIntellectual Property Rightsö), in or connected with the Game and any and all copies thereof (including in particular but not limited to any data, database, designs, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by Introversion, its developer or licensors. All such rights of Introversion, its developer and licensors are hereby asserted and reserved. All other trade marks are the property of their respective owners.
3. Term
3.1. This Licence will terminate automatically if you fail to abide by any of the terms.
3.2. When this Licence terminates you must destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on IntroversionÆ request certify that you have done so.
4. Warranties and remedies
4.1. Introversion warrants only that
a. the Game will function satisfactorily if used properly and on the correct operating system; and
b. the physical media (if any) on which the Game is supplied by contained in this package will be free from defects in materials and workmanship under normal use for 90 days it is received.
4.2. Introversion does not warrant that the operation of the Game will be uninterrupted or error free or that errors can be corrected.
4.3. The Game is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of IntroversionÆ liability, warranties and your remedies. To the maximum extent permitted by law, Introversion excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect.
5. Liability
5.1. Introversion, its developer and their licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill; console, computer or handheld device failure, errors or loss of business or other information as a result of possession, use or malfunction of the Game, even if it has been advised of the possibility of such loss.
5.2. Introversion, its developer and their licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Game has been modified in any manner (not by Introversion or IntroversionÆ developer) after it has been bought.
5.3. The liability of Introversion, IntroversionÆ developer and their licensors shall not exceed the actual price paid for the Game.
5.4. Introversion, its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
5.5. You agree to indemnify, defend and hold Introversion, IntroversionÆ developer and their licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Game otherwise than in accordance with the terms of this Licence.
6. General
6.1. If any of the conditions in this Licence are held to be invalid or void under any applicable law, the other provisions of these conditions will be unaffected and remain in full force and effect.
6.2. Nothing in this Licence affects or excludes your statutory rights as a consumer.
6.3. This Licence represents the complete agreement between Introversion and yourself in relation to the use of the Game and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
6.4. If you have a problem with this Game, want more information or have any other questions or comments, please contact Introversion at http://www.introversion.co.uk/support
6.5. Philips is an intended third party beneficiary under this License Agreement, with the right to enforce the terms relating to its software directly.
6.6. This Licence is governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
6.7. Notwithstanding the foregoing You agree to strictly comply with all applicable export and import control laws and regulations, and, in particular, you agree not to export or re-export the Game without all or any licenses, approvals, waivers or permissions (if any) required from the United States and / or member states of the European Union or other applicable foreign governments.
6.8. The Game includes certain software of Philips Electronics UK Limited and its suppliers (ôPhilipsö), the use of which is permitted only with and as part of the Game and on the terms of this Licence and the ownership of which (and all rights therein) vests in Philips. No warranty whether express or implied is given by Philips or its suppliers regarding any Philips software and all warranties and conditions are excluded together with all direct, consequential, special, and indirect loss and damages.
System Requirement: Windows XP / Vista, 2.0 Ghz CPU, GeForce 6200 or RADEON 9600 series graphics or equivalent, 512 Mb RAM, 120 Mb Hard Disk, Internet connection for multiplayer games.
⌐ [2005 û 2008] Introversion Software Limited. All rights reserved.
If you are in any doubt about any of the terms of this Licence please contact Introversion.
