Software License Agreement
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Software License Agreement |
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1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE HAND, AND ACTIVISION, INC. ("ACTIVISION") AND GENETIC ANOMALIES, INC. AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES ("GENETIC ANOMALIES")(ACTIVISION AND GENETIC ANOMALIES SHALL COLLECTIVELY BE REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED "STAR TREK CONQUEST ONLINE," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC DOCUMENTATION (TOGETHER CALLED "PROGRAM"). BY INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM (OR, IN THE EVENT YOU HAVE PURCHASED THE PROGRAM AS CONTAINED ON A CD-ROM, BY OPENING THE PACKAGING MATERIALS THEREOF), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION. Star Trek ConQuest Online is an Internet-based online virtual collectible objects based game service that allows you to collect, trade and compete with players online. As part of the Star Trek ConQuest Online service, Company maintains a site on the World Wide Web with a URL address of "www.ConQuestOnline.com" (the "Web Site"). Throughout the remainder of this Agreement, the Star Trek ConQuest Online service (including the Web Site) will be referred to as the "Service."
2. Company grants you a free, non-exclusive, non-transferable license to use the Program, but retains all property rights in the Program and all copies thereof. You may freely distribute unaltered copies of the Program, however, you may not distribute the Program for profit in any form. You must include the file license.txt, which contains a copy of this license, with all copies of the Program which you make for your own use or which you give to others. Please call the terms of this license to the attention of all persons who receive copies of the Program. All rights not specifically granted under this Agreement are reserved by Company and, as applicable, Company’s licensors. This Program is licensed, not sold, for your use. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program.
3. You acknowledge that the Program in source code form remains a confidential trade secret of Company. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. OWNERSHIP: All right, title and interest and intellectual property rights in and to the Program (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and "applets," incorporated into the Program), the accompanying printed materials, and any copies of the Program, are owned by Activision or its licensors. This Agreement grants you no rights to use such content other than as part of the Program. All rights not expressly granted under this Agreement are reserved by Company.
5. This Agreement is effective upon your installation or your first use of the Program and shall continue until revoked by Company or until you breach any term hereof; upon termination you agree to destroy or delete all copies of the Program in your possession.
6. You shall not modify the Program or merge the Program into another computer program (except to the extent the Program is made to operate within a computer operating system and in connection with other computer programs) or create derivative works based upon the Program. You must get the written permission of Company to include the Program in any collection of software.
7. Do not download the Program if you reside in a country to which the download of the Program would violate U.S. export laws or regulations, and do not distribute the Program in violation of such laws or regulations. The Program may not be downloaded or otherwise exported or reexported 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 list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If you do not meet these criteria or are not sure, do not install the software and destroy any copies in your possession. If you live in such a country, no license is granted hereunder.
8. SERVICE. The Service is currently provided free of charge to users of the Program, but we reserve the right to institute a fee or minimum purchase at some later date. As set forth above, the Service is an Internet-based online virtual collectible objects based game service that allows you to play with other players online. Users of the Service must agree to the Terms of Use and/or additional license agreement terms that may be posted on the Web Site (as defined above in Section 1) from time to time. You may use the Program and Service without registering, but only with registration (which requires the submission of your date of birth) will you be eligible for purchasing collectible objects, trading, rankings, and tournaments run through the Service.
9. PRIVACY POLICY. The Privacy Policy found on the Web Site is incorporated herein by reference and shall govern all use of the Program and Service. Your registration, use, and installation of the Program and the Service shall indicate your acceptance of the Privacy Policy. If you do not agree to the Privacy Policy please do not use the Program and/or Service. Please review it at: http://www.ConQuestOnline.com/privacy/privacypolicy.html.
10. When using the Program on-line chat space you shall observe the same rules of conduct you would observe in any public place. Abusive or offensive behavior including excessive use of bad language is a breach of this Agreement and will be grounds for the revocation of your on-line privileges without refund. Violation of the Program Rules of Conduct will also be grounds for the revocation of your on-line privileges without refund. The Program Rules of Conduct can be found on the Program web site at the following address: http://www.ConQuestOnline.com/community/rulesofconduct.html.
11. You shall not attempt to cheat in any manner. Examples of cheating include intentionally disconnecting from a game in play to avoid losing, intentionally delaying a game to force an opponent to concede or quit, conceding games in exchange for money or other consideration, and interfering with any player's communications. Company reserves the right to define additional behaviors that constitute cheating at any time. Cheating is a breach of this Agreement and will be grounds for the revocation of on-line privileges without refund.
12. Company reserves the right to change the rules, behavior, and capabilities of the Program, Service and virtual collectible pieces.
13. MAINTENANCE OF DATA. You shall be solely responsible for the storage of any and all data and information with respect to the Program and your virtual collectible objects. Company may maintain a backup copy on its servers, but in no way shall be responsible for protecting and/or backing up such information.
14. To the maximum extent allowed by law, Company, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND THE PROGRAM IS AT YOUR SOLE RISK. THE SERVICE AND THE PROGRAM PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EXCEPT WITH REPSECT TO THE LIMITED CD-ROM WARRANTY AS SET FORTH IN SECTION 15 BELOW, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SERVICE, THE PROGRAM, AND THE INTERNET. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS AND/OR CARD FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY COMPANY, ITS LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS. Company makes no warranty with respect to any related software or hardware used or provided by Company in connection with the Service except as expressly set forth above. ,
15. LIMITED CD-ROM WARRANTY: Notwithstanding anything to the contrary contained herein, and solely with respect to programs distributed on CD-ROM, Activision warrants to the original consumer purchaser of this Program on CD-ROM that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium is found defective within 90 days of original purchase, Activision agrees to replace, free of charge, any product discovered to be defective within such period upon its receipt of the Product, postage paid, with proof of the date of purchase, as long as the Program is still being manufactured by Activision. In the event that the Program is no longer available, Activision retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Program as originally provided by Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above. When returning the Program for warranty replacement, please send the original product disks only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you have encountered and the system on which you are running the Program; (4) if you are returning the Program after the 90-day warranty period, but within one year after the date of purchase, please include check or money order for $10 U.S. (A$17 for Australia, or £10.00 for Europe) currency per CD. Note: Certified mail recommended. In the U.S. send to: Warranty Replacements, Activision, Inc., P.O. Box 67713, Los Angeles, California 90067. In Europe send to: Activision, Gemini House, 133 High Street, Yiewsley, West Drayton, Middlesex UB7 7QL, United Kingdom. In Australia send to: Warranty Replacements, Activision, P.O. Box 873, Epping, NSW 2121, Australia. EXCEPT AS SET FORTH HEREIN, THIS LIMITED CD-ROM WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES DESCRIBED IN SECTION 14 OF THIS AGREEMENT.
16. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR THE PROGRAM. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM OR THE SERVICE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY'S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM AND THE SERVICE, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES COMPANY'S IS LIMITED TO THE EXTENT PERMITTED BY LAW.
17. INJUNCTION. Because Activision would be irreparably damaged if the terms of this License Agreement were not specifically enforced, you agree that Activision shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Activision may otherwise have under applicable laws.
18. INDEMNITY. At Company's request, you agree to defend, indemnify and hold harmless Company, its affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, content providers, and other participants of the Service, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this License Agreement or any breach of this License Agreement by you. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
19. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor / Manufacturer is Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.
20. TERMINATION. Without prejudice to any other rights of Activision, this License Agreement and your right to use the Program and Service may automatically terminate without notice from Company if you fail to comply with any provision of this Agreement, or any terms and conditions associated with the Program and/or Service. In such event, you must destroy all copies of this Program and all of its component parts.
21. GENERAL PROVISIONS.. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void, except that you may transfer your Program to another person provided that person accepts the terms of this License Agreement. 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, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Company's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Company of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Company. This Agreement shall be governed by the laws of the State of California and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the state and federal courts in Los Angeles, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this License Agreement between you and Company. It may be amended only by a writing executed by both parties.
If you have any questions concerning this License Agreement, you may contact Activision at 3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000, Attn. Business and Legal Affairs, legal@activision.com.
TM, ®, & © 2000 Paramount Pictures. All rights reserved. Star Trek and related marks are trademarks of Paramount Pictures.
© 2000 Activision, Inc. Published by Activision, Inc. Distributed by Activision, Inc. and by Genetic Anomalies, Inc., a subsidiary of THQ Inc., under license from Activision, Inc. Activision is a registered trademark of Activision, Inc.. Developed by Genetic Anomalies, Inc. This program contains software technology licensed from Genetic Anomalies, Inc. © 2000 Genetic Anomalies, Inc. Genetic Anomalies and the Genetic Anomalies logo are trademarks and/or registered trademarks of THQ Inc. The ratings icon is a trademark of the Interactive Digital Software Association. All other trademarks and trade names are the property of their respective owners.