MTV Music Generator/MTV Music.iso/license.txt

Text File | 2000-04-11 | 8KB | 115 lines

CODEMASTERS, INC. SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: THE ACCOMPANYING PROGRAM (WHICH INCLUDES COMPUTER SOFTWARE,
THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON
THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND CODEMASTERS,
INC. ("CODEMASTERS"). BY OPENING THIS PACKAGE, AND/OR INSTALLING OR OTHERWISE USING THE
PROGRAM, YOU AGREE TO BE LEGALLY BOUND THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PROGRAM AND
YOU SHOULD RETURN THE PROGRAM TO THE VENDOR FROM WHICH YOU OBTAINED THE PROGRAM AND REQUEST
A REFUND.

THE PROGRAM is protected by the copyright laws of the United States, international copyright
treaties and conventions and other laws. The Program is licensed, and not sold, and this
Agreement confers no title or ownership to the Program or any copy thereof.
1.    Limited Use License. Codemasters grants you the non-exclusive, non-transferable,
    limited right and license to use one copy of the Program solely for your personal use on a
    single computer.
2.    Ownership. All intellectual property rights in and to the Program (including but not
    limited to video, audio and other content incorporated therein) and title to any and all
    copies thereof are owned by Codemasters or its licensors, and you receive no right or
    interest therein other than the limited license in paragraph 1 hereof.

YOU SHALL NOT:

*    Copy the Program except a single backup copy.
*    Sell, rent, lease, license, distribute or otherwise transfer or make available to
    any other person the Program, in whole or in part, or use the Program or any part thereof
    in any commercial context, including but not limited in a service bureau, "cyber cafe",
    computer gaming center or any other commercial location in which multiple users may access
    the Program. Codemasters may offer a separate Site License Agreement to permit you to make
    the Program available for commercial use; see the contact information below.
*    Reverse engineer, derive source code, modify, decompile,
    disassemble, or create derivative works of the Program, in whole or in part.
*    Remove, disable or circumvent any proprietary notices or labels contained on or
    within the Program.
*    Export or re-export the Program or any copy or adaptation in violation of any
    applicable U.S. export restrictions or other laws or regulations.

LIMITED WARRANTY. Codemasters warrants to the original consumer purchaser of the Program
that the recording medium on which the Program is recorded will be free from defects in
material and workmanship for 90 days from the date of purchase. If the recording medium of
a product is found defective within 90 days of original purchase, Codemasters agrees to
replace, free of charge, such product within such period upon its receipt of the Product,
postage paid, with proof of the date of purchase, as long as the Program is still being
manufactured by Codemasters. In the event that the Program is no longer available,
Codemasters retains the right to substitute a similar program of equal or greater value.
This warranty is limited to the recording medium containing the Program as originally
provided by Codemasters and is not applicable and shall be void if the defect has arisen
through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are
expressly limited to the 90-day period described above.

EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL
OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND
SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.

When returning the Program for warranty replacement please send the original product disks
only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2)
your name and return address typed or clearly printed; (3) a brief note describing the
defect, the problem(s) you encountered and the system on which you are running the Program;
(4) if you are returning the Program after the 90-day warranty period, but within one year
after the date of purchase, please include check or money order for $15 U.S. currency per
CD or floppy disk replacement. Note: Certified mail recommended.
In the U.S. send to:

Warranty Replacements, Codemasters USA, P.O. Box 2150, Oakhurst, CA 93644

LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM,
INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO
THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTERÆS LIABILITY SHALL NOT EXCEED THE
ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION. Without prejudice to any other rights of Codemasters, this Agreement will
terminate automatically if you fail to comply with its terms and conditions. In such event,
you must destroy all copies of the Program and all of its component parts.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been developed
entirely at private expense and are provided as "Commercial Computer Software" or
"restricted computer software." Use, duplication or disclosure by the U.S. Government or a
U.S. Government subcontractor is subject to the restrictions set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS
252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer
Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/
Manufacturer is Codemasters, Inc., Codemasters USA, P.O. Box 2150, Oakhurst, CA 93644.

INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement
were not specifically enforced, you agree that Codemasters shall be entitled, without bond,
other security or proof of damages, to appropriate equitable remedies with respect to
breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise
have under applicable laws.

INDEMNITY. You agree to indemnify, defend and hold Codemasters, its partners, affiliates,
contractors, officers, directors, employees and agents harmless from all damages, losses
and expenses arising directly or indirectly from your acts and omissions to act in using
the Product pursuant to the terms of this Agreement.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license
between the parties and supersedes all prior agreements and representations between them.
It may be amended only by a writing executed by both parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable and the remaining provisions of this
Agreement shall not be affected. This Agreement shall be construed under California law as
such law is applied to agreements between California residents entered into and to be
performed within California, except as governed by federal law and you consent to the
exclusive jurisdiction of the state and federal courts in Los Angeles, California.
If you have any questions concerning this license, you may contact Codemasters at:

Codemasters USA, P.O. Box 2150, Oakhurst, CA 93644. Tel [phone], Fax [phone].