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-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!
-