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PowerPlay 1996 September
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LICENSE.TXT
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1996-06-12
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5KB
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86 lines
NETMECH END USER LICENSE AGREEMENT
GRANT. Activision, Inc. ("Activision") hereby grants you a non-exclusive
license to use its accompanying software product ("Software"),
provided that you may not:
(a) modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
(b) copy the Software (except for back-up purposes);
(c) rent, lease, transfer or otherwise transfer rights to the
Software;
(d) or remove any proprietary notices or labels on the Software.
SOFTWARE. If you receive your first copy of the Software
electronically, and a second copy on media, the second copy may be
used for archival purposes only. This license does not grant you any
right to any enhancement or update.
TITLE. Title, ownership rights, and intellectual property rights in
and to the Software shall remain in Activision and/or its licensors.
The Software is protected by the copyright laws of the United States
and international copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed through
the Software is the property of the applicable content owner and may
be protected by applicable copyright or other law. This License gives
you no rights to such content.
DISCLAIMER OF WARRANTY. Since the Software is provided free of charge,
the Software is provided on an "AS IS" basis, without warranty of any
kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire
risk as to the quality and performance of the Software is borne by
you. Should the Software prove defective, you and not Activision,
assume the entire cost of any service and repair. In addition, the
security mechanism implemented by the Software has inherent
limitations, and you must determine that the software sufficiently
meets your requirements. This disclaimer of warranty constitutes an
essential part of this license agreement. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ACTIVISION OR ITS
LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ANY SUCH PARTY BE
LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF ACTIVISION'S LIST PRICE
FOR A LICENSE TO THE SOFTWARE, EVEN IF ACTIVISION SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION.
TERMINATION. This license will terminate automatically if you fail
to comply with the limitations described above. On termination, you
must destroy all copies of the Software.
EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the
Software, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or a
national resident of any such country or on any such list.
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.
This Agreement shall be governed by and construed under California law
as such law applied to agreements between California residents entered
into and to be performed within California, except as governed by
Federal law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.