mirror of
https://github.com/greenseeker/t2server.git
synced 2026-01-19 19:24:46 +00:00
197 lines
13 KiB
Plaintext
197 lines
13 KiB
Plaintext
_______ __ __ _______
|
|
| |.----.|__|| |--..-----..-----. | |
|
|
|.| | || _|| || _ || -__||__ --| |___| |
|
|
`-|. |-'|__| |__||_____||_____||_____| / ___/
|
|
|: | |: 1 \
|
|
--------------- |::.| ------- License Agreement -------- |::.. . | -------------
|
|
`---' `-------'
|
|
|
|
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
|
|
INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE USING THE SOFTWARE
|
|
PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
|
|
AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE
|
|
PROGRAM TO THE PLACE OF PURCHASE OR CONTACT SIERRA ON-LINE, INC. CUSTOMER
|
|
SERVICE AT (425) 746-5771 FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN 30 DAYS
|
|
OF THE ORIGINAL PURCHASE.
|
|
|
|
This software program (the "Program"), any printed materials, any on-line or
|
|
electronic documentation, and any and all copies and derivative works of such
|
|
software program (including materials created with a so called level editor, if
|
|
included) and materials are the copyrighted work of Sierra On-Line, Inc., a
|
|
division of Havas Interactive, Inc. and/or its wholly owned subsidiaries, or its
|
|
suppliers. All rights reserved, except as expressly stated herein. All use of
|
|
the Program is governed by the terms of this End User License Agreement provided
|
|
below ("License Agreement"). The Program is solely for use by end users
|
|
according to the terms of the License Agreement. Any use, reproduction or
|
|
redistribution of the Program not in accordance with the terms of the License
|
|
Agreement is expressly prohibited.
|
|
|
|
END USER LICENSE AGREEMENT
|
|
|
|
1. Limited Use License. Sierra On-Line, Inc. ("Sierra ") hereby grants, and by
|
|
installing the Program you thereby accept, a limited, non-exclusive license and
|
|
right to install and use one (1) copy of the Program for your use on either a
|
|
home, business or portable computer. In addition, the Program has a multi-player
|
|
capability that allows users to utilize the Program over the Internet via
|
|
Sierra's online game network Sierra.com. Use of the Program over Sierra.com is
|
|
subject to your acceptance of Sierra.com's Terms of Use Agreement. Sierra
|
|
On-Line, Inc. reserves the right to update, modify or change the Sierra.com
|
|
Terms of Use Agreement at any time. The Program may also contain a Level Editor
|
|
(the "Editor") that allows you to create custom levels or other materials for
|
|
your personal use in connection with the Program ("New Materials"). All use of
|
|
the Editor or any New Materials is subject to this License Agreement. The
|
|
Program is licensed, not sold. Your license confers no title or ownership in the
|
|
Program.
|
|
|
|
2. Ownership. All title, ownership rights and intellectual property rights in
|
|
and to the Program and any and all copies thereof (including but not limited to
|
|
any titles, computer code, themes, objects, characters, character names,
|
|
stories, dialog, catch phrases, locations, concepts, artwork, animations,
|
|
sounds, musical compositions, audio-visual effects, methods of operation, moral
|
|
rights, any related documentation, and "applets" incorporated into the Program)
|
|
are owned by Sierra On-Line, Inc. or its licensors. The Program is protected by
|
|
the copyright laws of the United States, international copyright treaties and
|
|
conventions and other laws. All rights are reserved. The Program contains
|
|
certain licensed materials and Sierra 's licensors may protect their rights in
|
|
the event of any violation of this Agreement.
|
|
|
|
3. Responsibilities of End User.
|
|
A. Subject to the Grant of License hereinabove, you may not, in whole or in
|
|
part, copy, photocopy, reproduce, translate, reverse engineer, derive source
|
|
code, modify, disassemble, decompile, create derivative works based on the
|
|
Program, or remove any proprietary notices or labels on the Program without
|
|
the prior consent, in writing, of Sierra.
|
|
B. The Program is licensed to you as a single product. Its component parts
|
|
may not be separated for use on more than one computer.
|
|
C. You are entitled to use the Program for your own use, but you are not
|
|
entitled to:
|
|
(i) sell, grant a security interest in or transfer reproductions of the
|
|
Program to other parties in any way, nor to rent, lease or license the
|
|
Program to others without the prior written consent of Sierra.
|
|
(ii) exploit the Program or any of its parts for any commercial purpose
|
|
including, but not limited to, use at a cyber café, computer gaming center
|
|
or any other location-based site. Sierra may offer a separate Site License
|
|
Agreement to permit you to make the Program available for commercial use;
|
|
contact Sierra for details;
|
|
(iii) host or provide matchmaking services for the Program or emulate or
|
|
redirect the communication protocols used by Sierra in the network feature
|
|
of the Program, through protocol emulation, tunneling, modifying or adding
|
|
components to the Program, use of a utility program or any other
|
|
techniques now known or hereafter developed, for any purpose including,
|
|
but not limited to network play over the Internet, network play utilizing
|
|
commercial or non-commercial gaming networks or as part of content
|
|
aggregation networks without the prior written consent of Sierra ;
|
|
(iv) create or maintain, under any circumstance, more than one
|
|
simultaneous connection to Sierra.com. All such connections to Sierra.com,
|
|
whether created by the Program or by other tools and utilities, may only
|
|
be made through methods and means expressly approved by Sierra On-Line,
|
|
Inc. Under no circumstances may you connect, or create tools that allow
|
|
you to connect to Sierra.com's private binary interface or interfaces
|
|
other than those explicitly provided by Sierra On-Line, Inc. for public
|
|
use.
|
|
|
|
4. Program Transfer. You may permanently transfer all of your rights under this
|
|
License Agreement, provided the recipient agrees to the terms of this License
|
|
Agreement and you agree to remove the Program from your home or portable
|
|
computer.
|
|
|
|
5. Termination. This License Agreement is effective until terminated. You may
|
|
terminate the License Agreement at any time by destroying the Program. Sierra
|
|
may, at its discretion, terminate this License Agreement in the event that you
|
|
fail to comply with the terms and conditions contained herein. In such event,
|
|
you must immediately destroy the Program.
|
|
|
|
6. Export Controls. The Program may not be re-exported, downloaded or otherwise
|
|
exported into (or to a national or resident of) any country to which the U.S.
|
|
has embargoed goods, or to anyone on the U.S. Treasury Department's list of
|
|
Specially Designated Nationals or the U.S. Commerce Department's Table of Denial
|
|
Orders. By installing the Program, 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 or resident of any such country or on any such list.
|
|
|
|
7. Limited Warranty. Sierra expressly disclaims any warranty for the Program,
|
|
Editor and Manual(s). The Program, Editor and Manual(s) are provided "as is"
|
|
without warranty of any kind, either express or implied, including, without
|
|
limitation, the implied warranties of merchantability, fitness for a particular
|
|
purpose, or noninfringement. The entire risk arising out of use or performance
|
|
of the Program and Manual(s) remains with the User, however Sierra warrants up
|
|
to and including 90 days from the date of your purchase of the Program that the
|
|
media containing the Program shall be free from defects in material and
|
|
workmanship. In the event that the media proves to be defective during that time
|
|
period, and upon presentation to Sierra of proof of purchase of the defective
|
|
Program, Sierra will at its option 1) correct any defect, 2) provide you with a
|
|
product of equal or lesser value, or 3) refund your money. Some states do not
|
|
allow the exclusion or limitation of implied warranties or liability for
|
|
incidental damages, so the above limitations may not apply to you.
|
|
|
|
8. Limitation of Liability. NEITHER SIERRA, HAVAS INTERACTIVE, INC., ITS PARENT,
|
|
SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY
|
|
KIND RESULTING FROM THE USE OF THE PROGRAM OR USE OF SIERRA ON-LINE, INC.'S
|
|
ONLINE GAME NETWORK, SIERRA.COM INCLUDING, BUT NOT LIMITED TO, LOSS OF
|
|
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
|
|
COMMERCIAL DAMAGES OR LOSSES. SIERRA FURTHER DISCLAIMS ALL WARRANTIES WITH
|
|
REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE. SPECIFICALLY, SIERRA MAKES NO
|
|
WARRANTIES THAT THE PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE
|
|
AFFECTED BY DATES PRIOR TO, DURING OR AFTER THE YEAR 2000, OR THAT THE PROGRAM
|
|
WILL BE CAPABLE OF CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE
|
|
INFORMATION WITHIN AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE
|
|
INFORMATION BETWEEN PRODUCTS OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT
|
|
THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR
|
|
IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, Sierra
|
|
On-Line, Inc. SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER
|
|
CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON
|
|
SIERRA.COM. I UNDERSTAND AND ACKNOWLEDGE THAT SIERRA ON-LINE, INC. CANNOT AND
|
|
WILL NOT BE RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE ON SIERRA.COM INCLUDING,
|
|
BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER
|
|
EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states
|
|
do not allow the exclusion or limitation of incidental or consequential damages,
|
|
or allow limitations on how long an implied warranty lasts, so the above
|
|
limitations may not apply.
|
|
|
|
9. Equitable Remedies. You hereby agree that Sierra would be irreparably damaged
|
|
if the terms of this License Agreement were not specifically enforced, and
|
|
therefore you agree that Sierra shall be entitled, without bond, other security,
|
|
or proof of damages, to appropriate equitable remedies with respect to breaches
|
|
of this License Agreement, in addition to such other remedies as Sierra may
|
|
otherwise have available to it under applicable laws. In the event any
|
|
litigation is brought by either party in connection with this License Agreement,
|
|
the prevailing party in such litigation shall be entitled to recover from the
|
|
other party all the costs, attorneys' fees and other expenses incurred by such
|
|
prevailing party in the litigation.
|
|
|
|
10. Limitations on License. Nothing in this License Agreement shall preclude
|
|
you from making or authorizing the making of another copy or adaptation of the
|
|
Program provided, however, that (1) such new copy or adaptation is created as an
|
|
essential step in your utilization of the Program in accordance with the terms
|
|
of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy or
|
|
adaptation is for archival purposes ONLY and all archival copies are destroyed
|
|
in the event of your Transfer of the Program, the Termination of this Agreement
|
|
or other circumstances under which your continued use of the Program ceases to
|
|
be rightful.
|
|
|
|
11. Miscellaneous. This License Agreement shall be deemed to have been made and
|
|
executed in the State of California and any dispute arising hereunder shall be
|
|
resolved in accordance with the law of California. You agree that any claim
|
|
asserted in any legal proceeding by one of the parties against the other shall
|
|
be commenced and maintained in any state or federal court located in the State
|
|
of California, County of Los Angeles, having subject matter jurisdiction with
|
|
respect to the dispute between the parties. This License Agreement may be
|
|
amended, altered or modified only by an instrument in writing, specifying such
|
|
amendment, alteration or modification, executed by both parties. In the event
|
|
that any provision of this License Agreement shall be held by a court or other
|
|
tribunal of competent jurisdiction to be unenforceable, such provision will be
|
|
enforced to the maximum extent permissible and the remaining portions of this
|
|
License Agreement shall remain in full force and effect. This License Agreement
|
|
constitutes and contains the entire agreement between the parties with respect
|
|
to the subject matter hereof and supersedes any prior oral or written
|
|
agreements.
|
|
|
|
I hereby acknowledge that I have read and understand the foregoing License
|
|
Agreement and agree that the action of installing the Program is an
|
|
acknowledgment of my agreement to be bound by the terms and conditions of the
|
|
License Agreement contained herein. I also acknowledge and agree that this
|
|
License Agreement is the complete and exclusive statement of the agreement
|
|
between Sierra and I and that the License Agreement supersedes any prior or
|
|
contemporaneous agreement, either oral or written, and any other communications
|
|
between Sierra and myself.
|