PLEASE READ CAREFULLY. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE PRODUCT IN ITS PACKAGING TO THE PLACE WHERE YOU OBTAINED IT.
1. License. The software accompanying this license (the "Software") and the related documentation are licensed to you by us and are subject to this license. If the Software is configured for loading onto a hardrive, you may so load the Software only onto the hard drive of a single computer and run the Software off only that hard drive. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may transfer all rights we grant to you in this license to someone else as long as he or she reads and agrees to accept this license. If there is an editor incorporated into the Software, this license is also subject to Section 8 below.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify reverse engineer, disassemble or otherwise reproduce the Software except as expressly allowed by us. You may not rent, lease, sublicense or distribute the Software. You may not electronically transmit the Software from one computer to another or over a network.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation. This License will terminate immediately without notice from us if you fail to comply with any provision of this license. Upon termination, you must destroy the Software and related documentation.
4. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software, related documentation and the media are provided "AS IS." Unless otherwise provided by applicable law, GT Interactive Software Corp. warrants to the original purchaser of this product that the Software storage medium will be free from defects in material and workmanship under normal use for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. We EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Software.
6. Controlling Law and Severability. This license shall be governed by and construed in accordance with the laws of the State of New York, USA. If any provision of this license is unenforceable, the rest of it shall remain in effect.
7. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation.
8. Editor and End-user Variations.
(a) The Software may include an "Editor." An "Editor" is a feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non-playable. An Editor includes its associated tools and utilities. An Editor is NOT shareware. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale.
(b) Using the Editor, you may create modifications or enhancements to the Software, including the construction of new levels (collectively referred to as "Variations"), subject to the following restrictions:
i. Your Variations must only work with the full, registered copy of the Software, not independently or with any other software.
ii. Your Variations must not contain modifications to any executable file.
iii. Your Variations must not contain any libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contains any trademarks, copyright-protected work, or other recognizable property of third parties.
iv. At least once in every online description and with reasonable duration on the opening screen, your Variations must prominently identify (i) the names and email addresses of its creators, and (ii) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY GT Interactive Software Corp., The WizardWorks Group, Inc., or any of their affiliates and subsidiaries."
v. Your Variations must be distributed solely for free. Neither you nor any other person or party may sell them to anyone, commercially exploit them in any way, or charge anyone for using them. You may exchange them at no charge among other end-users.
vi. By distributing or permitting the distribution of any of your Variations, you hereby grant back to us an irrevocable royalty-free right to use and distribute them by any means.
vii. The prohibitions and restrictions in this section apply to anyone in possession of the Software or any of your Variations.
