NERF Jr Foam Blaster - Attack of the Kleptons/NERF_JR.iso/license.txt

Text File | 1999-04-30 | 9KB | 164 lines

LICENSE AGREEMENT


***   IMPORTANT  ***

This is a legal agreement between the end user ("You") and Hasbro
Interactive, Inc., its affiliates and subsidiaries (collectively
"Hasbro Interactive").  This Agreement is part of a package (the
"Package") that also includes a CD-ROM disc (collectively, the
"CD-ROM") and certain written materials (the "Documentation").

BY INSTALLING THE CD-ROM, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM,
AND AGREE TO BE BOUND BY THEM.  YOU UNDERSTAND THAT, IF YOU
PURCHASED THE PACKAGE FROM AN AUTHORIZED RESELLER OF HASBRO
INTERACTIVE, THAT RESELLER IS NOT HASBRO INTERACTIVE'S AGENT AND
IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS, CONDITIONS OR
WARRANTIES, STATUTORY OR OTHERWISE, ON HASBRO INTERACTIVE'S BEHALF
NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

If You do not agree to the terms of this Agreement, promptly
return the entire Package to the place You obtained it for a full
refund.

LIMITED LICENSE:  You are entitled to use this CD-ROM for your own
use, but may not sell or transfer reproductions of the CD-ROM or
Documentation to other parties in any way.  You may use one copy
of the CD-ROM on a single terminal connected to a single computer.
You may not network the CD-ROM or otherwise use it on more than
one computer or computer terminal at the same time.

You acknowledge that Hasbro Interactive is not responsible for the
Internet or whether it should continue to exist in its present
form or whether or not a government or governmental agency, either
foreign or domestic, will control, regulate or disband the
Internet.

OWNERSHIP; COPYRIGHT:  Title to the CD-ROM and the Documentation,
and patents, copyrights and all other property rights applicable
thereto, shall at all times remain solely and exclusively with
Hasbro Interactive and its licensors, and You shall not take any
action inconsistent with such title. The CD-ROM and the
Documentation are protected by United States, Canadian and other
applicable laws and by international treaty provisions.  Any
rights not expressly granted herein are reserved to Hasbro
Interactive and its licensors.

OTHER RESTRICTIONS:  You may not cause or permit the disclosure,
copying, renting, licensing, sublicensing, leasing, disseminating
or otherwise distributing of the CD-ROM or the Documentation by
any means or in any form, without the prior written consent of
Hasbro Interactive.  You may not modify, enhance, supplement,
create derivative work from, adapt, translate, reverse engineer,
decompile, disassemble or otherwise reduce the CD-ROM to human
readable form.

LIMITED WARRANTY:

Hasbro Interactive warrants for a period of ninety (90) days
following original retail purchase of this copy of the game that
the CD-ROM is free from substantial errors or defects that will
materially interfere with the operation of the CD-ROM as described
in the Documentation.  This limited warranty applies to the
initial purchaser only.  EXCEPT AS STATED ABOVE, HASBRO
INTERACTIVE MAKES NO OTHER WARRANTY OR CONDITION, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, REGARDING THIS CD-ROM.  THE
IMPLIED WARRANTY THAT THE CD-ROM IS FIT FOR A PARTICULAR PURPOSE
AND THE IMPLIED WARRANTY OF MERCHANTABILITY SHALL BOTH BE LIMITED
TO THE NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY.
THESE AND ANY OTHER IMPLIED WARRANTIES OR CONDITIONS, STATUTORY OR
OTHERWISE, ARE OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
Some jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply
to You.  This limited warranty gives You specific legal rights,
and you may also have other rights which vary from jurisdiction to
jurisdiction.

If you believe you have found any such error or defect in the CD-
ROM during the warranty period, (i) if you are in the United
States, call Hasbro Interactive's Consumer Affairs Department at
800-683-5847 between the hours of 8:00 a.m. and 12:00 a.m
midnight. Monday through Friday (Eastern Time) and 8:00 a.m. to
8:00 p.m. Saturday and Sunday, holidays excluded, and provide your
Product number; or (ii) if you are outside the United States, send
your original CD-ROM disc to Hasbro Interactive at Caswell Way,
Newport, Gwent, NP9 0YH, United Kingdom, together with a dated
proof of purchase, your Product number, a brief description of
such error or defect and the address to which it is to be
returned.  If you have a problem resulting from a manufacturing
defect in the CD-ROM, Hasbro Interactive's entire liability and
Your exclusive remedy for breach of this limited warranty shall be
the replacement of the CD-ROM, within a reasonable period of time
and without charge, with a corrected version of the CD-ROM.  Some
jurisdictions do not allow the exclusion or limitation of relief,
incidental or consequential damages, so the above limitation or
exclusion may not apply to You.


HASBRO INTERACTIVE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF HASBRO
INTERACTIVE IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.  IN NO EVENT SHALL HASBRO INTERACTIVE'S LIABILITY EXCEED
THE PURCHASE PRICE OF THIS PACKAGE.  Some jurisdictions do not
allow the exclusion or limitation of special, incidental,
consequential, indirect or exemplary damages, or the limitation of
liability to specified amounts, so the above limitation or
exclusion may not apply to You.

GENERAL:  This Agreement constitutes the entire understanding
between Hasbro Interactive and You with respect to subject matter
hereof.  Any change to this Agreement must be in writing, signed
by Hasbro Interactive and You.  Terms and conditions as set forth
in any purchase order which differ from, conflict with, or are not
included in this Agreement, shall not become part of this
Agreement unless specifically accepted by Hasbro Interactive in
writing.  You shall be responsible for and shall pay, and shall
reimburse Hasbro Interactive on request if Hasbro Interactive is
required to pay, any sales, use, value added (VAT), consumption or
other tax (excluding any tax that is based on Hasbro Interactive's
net income), assessment, duty, tariff, or other fee or charge of
any kind or nature that is levied or imposed by any governmental
authority on the Package.

EXPORT AND IMPORT COMPLIANCE:  In the event You export the CD-ROM
or the Documentation from the country in which You first received
it, You assume the responsibility for compliance with all
applicable export and re-export regulations, as the case may be.


GOVERNING LAW; ARBITRATION:  This Agreement shall be governed by,
and any arbitration hereunder shall apply, the laws of the
Commonwealth of Massachusetts, U.S.A., excluding (a) its conflicts
of laws principles; (b) the United Nations Convention on Contracts
for the International Sale of Goods; (c) the 1974 Convention on
the Limitation Period in the International Sale of Goods; and (d)
the Protocol amending the 1974 Convention, done at Vienna April
11, 1980.

Any dispute, controversy or claim arising out of or relating to
this Agreement or to a breach hereof, including its
interpretation, performance or termination, shall be finally
resolved by arbitration.  The arbitration shall be conducted by
three (3) arbitrators, one to be appointed by Hasbro Interactive,
one to be appointed by You and a third being nominated by the two
arbitrators so selected or, if they cannot agree on a third
arbitrator, by the President of the American Arbitration
Association ("AAA").  The arbitration shall be conducted in
English and in accordance with the commercial arbitration rules of
the AAA.  The arbitration, including the rendering of the award,
shall take place in Boston, Massachusetts, and shall be the
exclusive forum for resolving such dispute, controversy or claim.
The decision of the arbitrators shall be binding upon the parties
hereto, and the expense of the arbitration (including without
limitation the award of attorneys' fees to the prevailing party)
shall be paid as the arbitrators determine.  The decision of the
arbitrators shall be executory, and judgment thereon may be
entered by any court of competent jurisdiction.  Notwithstanding
anything contained in this Paragraph to the contrary, Hasbro
Interactive shall have the right to institute judicial proceedings
against You or anyone acting by, through or under You, in order to
enforce Hasbro Interactive's rights hereunder through reformation
of contract, specific performance, injunction or similar equitable
relief.