t2server/sla/tribes2.txt
2021-01-02 23:30:39 -05:00

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.