END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE,
OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER
HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE
INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.
1. Thanks. Congratulations and thank you for licensing our
software. We're sorry to cramp your style, but out lawyers tell
us that if we want to keep control and ownership of the cool
stuff we're developing, we have to make sure you understand and
agree that you are just getting a right to use it and that that
right is limited in certain ways. So here's what follows is what
you need to know and agree to.
2. License. The server-only version of the software accompanying
this license and the related documentation (the "Server-Only
Software") are licensed for your use and gaming enjoyment,
subject to terms and limitations in this license agreement. This
is not a full fledged version of the software; it is a Server-
Only version.
3. Use Restrictions. We want you to enjoy our products for years to
come, and we want to be able to continue to send you awesome
games, so you need to be aware that there are some things you
cannot do with the Server-Only Software. The Server-Only
Software contains copyrighted material, trade secrets and other
proprietary material. You may not decompile, modify, reverse
engineer, prepare derivative works based on the Server-Only
Software, or disassemble the Server-Only Software. You may not
rent, sell, lease, barter, or sublicense the Server-Only
Software. You may not delete the copyright notices or any other
proprietary legends on the original copy of the Server-Only
Software. You may not offer the Server-Only Software on a
pay-per-play basis or otherwise commercially exploit the Server-
Only Software or use the Server-Only Software for any commercial
purpose. You may, however, exchange the Server-Only Software at
no charge among other end-users and distribute them to others
over the Internet, on magazine cover disks, or otherwise for
free. You may not ship or export the Server-Only Software to any
country other than where you bought it, in violation of the U.S.
Export Administration Act (or any other law governing such
matters) and you will not utilize and will not authorize anyone
to utilize the Server-Only Software in violation of any
applicable law. The Server-Only Software may not be 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 or
into any country who/which are prohibited by applicable law, from
receiving it.
4. Termination. This license is effective until one of us terminate
it. You may terminate this license at any time by destroying the
Server-Only Software and related documentation. In the unlikely
event that you are naughty and fail to comply with any provision
of this license, this license will terminate immediately without
notice from us. Upon termination, you must destroy the Server-
Only Software and related documentation. Please don't wait for
us to come after you; it would not be pleasant for either of us.
If we do have to come after you, we're going to expect you to pay
us for our troubles, including the cost of our lawyers.
5. Disclaimer of Warranty on Software. You are aware and agree that
use of the Server-Only Software and the media on which it is
recorded at your sole risk. The Server-Only Software, related
documentation and the media are provided "AS IS". INFOGRAMES
(OUR PUBLISHER) AND EPIC GAMES, INC. ("EPIC") 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 SERVER-ONLY 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,
S0 THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
WITHOUT LIMITATION, NEGLIGENCE, SHALL INFOGRAMES, EPIC OR ANY OF
THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,
LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR
INABILITY TO USE THE SERVER-ONLY SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF SUCH PARTIES 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.
7. Controlling Law and Severability. This license is governed by
and construed in accordance with the laws of the State of North
Carolina, USA. Exclusive venue for all litigation shall be in
Wake County, North Carolina. If any provision of this license is
unenforceable, the rest of it shall remain in effect.
8. Complete Agreement. This license constitutes the entire
agreement between the parties with respect to the use of the
Server-Only Software and the related documentation. However,
Infogrames and Epic reserve the right to modify the terms of this
license from time to time and will post notice of material
changes somewhere within www.epicgames.com.
9. Copyright. The Server-Only Software and all copyrights,
trademarks and all other conceivable intellectual property rights
related to the Server-Only Software are owned by Infogrames, Epic
or such parties' licensors and are protected by United States
copyrights laws, international treaty provisions, an army of
clones, and all applicable law, such as the Lanham Act. You must
treat the Server-Only Software like any other copyrighted
material, as required by 17 U.S.C. section 101 et seq. and other
applicable law. This program you've licensed was produced
through the efforts of many people who earn their livelihood from
its lawful use.
10. Enjoyment Requirements. We are aware that there are rumblings
and grumblings within the gaming community about heavy handed,
legally onerous license agreements. You have our word that this
one is as fair and even handed as it gets and, as you have read
this far, you know it to be true. Now, be gone from this screen
and enjoy the Server-Only Software, and if you like it, be sure
to tell all your friends how great it is and make sure they try
it, too!
