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License.txt
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2000-01-24
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[GENERAL INTERNATIONAL VERSION, FOR USE IN THE UNITED STATES
AND CANADA (EXCEPT QUEBEC) WITH PRODUCTS DISTRIBUTED FOR
FREE]
July 9, 1999
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 governs
your use of, as applicable, the executable files that you
may download or this CD-ROM (the "Software") and any
accompanying written materials (the "Documentation").
BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE
READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
If You do not agree to the terms of this Agreement, You may
not download, install or otherwise use the Software or
Documentation.
LIMITED LICENSE: You are entitled to use this Software for
your own use, but may not sell or transfer reproductions of
the Software or Documentation to other parties in any way.
You may use one copy of the Software on a single terminal
connected to a single computer. You may not network the
Software or otherwise use it on more than one computer or
computer terminal at the same time.
If the Software is an em@ail game, you may need to access
computer servers maintained by Hasbro Interactive or its
agents for use of the Software. You acknowledge that Hasbro
Interactive is not responsible for ensuring that such
servers will be available or maintained. If the Software
includes Internet-play features, you may have the ability to
choose to use the Internet. If the Software is an em@ail
game or includes Internet-play features, 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 Software 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 Software 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, dissemination or other distribution of the Software
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 Software to human readable form.
WARRANTY DISCLAIMER:
You expressly acknowledge and agree that the Software is
being provided to you gratuitously and at your sole risk.
THE SOFTWARE IS PROVIDED "AS-IS," AND HASBRO INTERACTIVE AND
ITS LICENSORS MAKE NO WARRANTY OR CONDITION, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY),
REGARDING THIS SOFTWARE. Some jurisdictions do not allow
disclaimers of certain warranties under certain
circumstances, so some of the foregoing disclaimer may not
be applicable to You, in whole or in part. To the extent
any warranty may not be disclaimed, such warranty is hereby
limited to the maximum extent permissible be law.
THE SOFTWARE IS PROVIDED GRATUITOUSLY TO YOU AND, THEREFORE,
HASBRO INTERACTIVE AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY DAMAGES (INCLUDING DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES) EVEN IF
HASBRO INTERACTIVE OR SUCH LICENSORS HAVE BEEN ADVISED OF OR
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some
jurisdictions do not allow the exclusion of damages, so the
above exclusion may not apply to You, in whole or in part.
To the extent any damages may not be excluded, such damages
are hereby limited to the maximum extent permissible be law.
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 your use of the Software.
EXPORT AND IMPORT COMPLIANCE: In the event You export the
Software 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 (the "1974 Convention"); 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.