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LIMITED LICENSE AGREEMENT for the use of the software game CRYSIS ("CRYSIS")
1. Subject of the Agreement
This limited license agreement for the use of the computer game CRYSIS (this "Agreement") is entered into between Crytek GmbH ("CRYTEK") and you, the end-user (the "Licensee" or "You").
The Agreement is made effective beginning on the date on which you, the Licensee, first download, install, load or otherwise use CRYSIS.
By downloading, installing, loading or otherwise using CRYSIS you, the Licensee, agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using CRYSIS. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use CRYSIS.
2. Grant of Limited License
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, CRYTEK hereby grants to Licensee a limited, personal, non-transferable and non-exclusive right (the "License") during the Term, as defined below, to use CRYSIS in accordance with the instructions provided in the manual or on the packaging of CRYSIS.
3. Intellectual Property Rights
CRYSIS and all copyrights, trademarks, and all other intellectual property rights related thereto are owned by CRYTEK and are protected by German and international copyright law and other applicable law. Licensee shall have no ownership or intellectual property rights in or to CRYSIS, including, without limitation, all copyrights related thereto.
4. Reservation of Rights
CRYTEK expressly reserves all rights not granted in this Agreement. You are not receiving any right or license hereunder to copy, distribute, publicly perform, display or make any other use of the CRYSIS, or any element thereof, or the trademarks CRYTEK, CRYSIS, CRYENGINE, FARCRY or any other trademark of CRYTEK or any other company.
5. Software Use Restrictions
Any use by Licensee of CRYSIS not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement by Licensee.
This prohibition includes (but is not limited to):
- to copy, reproduce, manufacture or distribute (free of charge or otherwise) CRYSIS, in whole or in part, in any media;
- to transfer, sell, sublicense or lease any rights in and to CRYSIS to third parties;
- to use CRYSIS contrary to morality or applicable law;
- to modify CRYSIS or create any derived work (except as pursuant to the SANDBOX 2 EDITOR for CRYSIS or MOD SDK for Crysis Agreements)
- decompile, reverse engineer or disassemble CRYSIS.
Licensee shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by CRYTEK on or within CRYSIS.
6. Term and Termination
The term of this Agreement and the license granted herein begin on the date on which you first download, install, load or otherwise use CRYSIS and shall expire, without notice to you or any other notice, when CRYSIS is removed from the market.
Licensor may revoke or terminate this License at any time, for any reason or no reason, in its sole discretion. Notwithstanding anything to the contrary herein this Agreement and the License granted to you herein shall immediately terminate, without the requirement of any notice from CRYTEK to Licensee, upon Licensee's failure to comply with or breach of any term or provision of this Agreement.
Upon the termination or expiration of this Agreement, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims Licensee shall have no right to use CRYSIS in any manner. Licensee shall immediately destroy all copies of CRYSIS in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK.
Termination or expiration of this Agreement shall not create any liability against CRYTEK and shall not relieve Licensee from any liability which arises prior to termination or expiration.
7. Exclusion and Limitation of Liability
As the License granted to the Licensee under this Agreement is a free-of-charge-license CRYTEK's liability is excluded and limited to the largest extent legally possible.
CRYTEK INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL CRYTEK BE LIABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CRYTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer of Warranties
CRYTEK provides CRYSIS to the Licensee "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. CRYTEK does not warrant that CRYSIS or the operation thereof will be free of error or that CRYSIS will meet special requirements of the Licensee. No oral or written information or advice given to the Licensee by CRYTEK and/or any CRYTEK employee, representative or distributor will create a warranty for CRYSIS, and the Licensee may not rely on any such information or advice.
9. Support
CRYTEK will not provide any support for CRYSIS. Please do not call or send email to CRYTEK regarding CRYSIS, as Crytek will not be able to respond or answer these inquiries.
10. Licensee's Warranties and Indemnification
Licensee warrants and represents that:
a) Licensee has full legal rights and authority to enter into and become bound by the terms of this Agreement;
b) Licensee has full legal rights and authority to exercise Licensee's rights granted herein and to comply with Licensee's obligations hereunder;
c) Licensee will comply, at all times during the Term, with all applicable laws.
Licensee hereby agrees to indemnify, defend, and hold harmless CRYTEK and/or their successors, assigns, officers, directors, employees, agents, representatives and licensees (but not including Licensee) from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by Licensee.
11. Breach of the Agreement
In the event of a breach of this Agreement by CRYTEK, Licensee's sole remedy shall be to terminate this Agreement by delivering written notice of termination to CRYTEK.
In the event of a breach by Licensee of this Agreement, CRYTEK may pursue all remedies to which CRYTEK is entitled under applicable law and/or this Agreement.
Licensee agrees that Licensee's unauthorized use of CRYSIS, or any part thereof, may immediately and irreparably damage CRYTEK such that CRYTEK could not be adequately compensated by a monetary award, and in such event, and at CRYTEK's option, CRYTEK shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of CRYTEK posting bond or other security.
12. General Provisions
This Agreement constitutes the entire understanding between Licensee and CRYTEK regarding the subject matter hereof.
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between CRYTEK and Licensee. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
CRYTEK may at any time revise and alter the version of CRYSIS.
This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded.
If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement.
This Agreement shall bind and inure to the benefit of CRYTEK, its successors and assigns, and CRYTEK may assign its rights hereunder, in CRYTEK's sole discretion. This Agreement is personal to Licensee, and Licensee shall not sublicense, assign, transfer, convey nor franchise its rights granted hereunder.
Place of performance of this Agreement is Frankfurt a.M. (Germany).
If the Licensee is defendant, CRYTEK might, if admissible, determine as court of jurisdiction the court where the Licensee is resident or the court competent for the corporate domicile of CRYTEK which currently is in Frankfurt a.M. (Germany). If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Frankfurt a.M. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement.
The provisions of this Agreement shall survive cancellation, expiration or termination of this Agreement.
BY ACCEPTING BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
.NET Framework Deployment
Microsoft .NET Framework 1.1 Redistributable EULA
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.
General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA.
Additional Rights and Limitations.
• If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS Product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are reserved by Microsoft.
• If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions.
• The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
• You may conduct internal benchmark testing of the .NET Framework component of the OS Components (“.NET Component”). You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Microsoft DirectX
SOFTWARE LICENSE AGREEMENT
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Gamespy Comrade
SOFTWARE LICENSE AGREEMENT
ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
IGN Entertainment, Inc. ("IGN") welcomes you. These Terms of Service ("TOS") apply to web sites and interactive services owned or operated by IGN and its subsidiaries which include, but are not limited to, IGN.com, VaultNetwork.com, GameStats.com, TeamXbox.com, Fileplanet.com, GameSpy.com, GameSpy Arcade, and the entire GameSpy Network (e.g. all Planet sites), 3DGamers.com, AskMen.com, Founders' Club, and Insider ( individually the "Service"; together the "Services"). The TOS applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). Certain additional terms apply to paying subscribers which are set forth in Article II below. By visiting or using the Services you are agreeing to abide by the TOS.
IGN may change the TOS at any time and the changes will become effective 15 days after posting the revised TOS (the "Effective Date"). You can review the most current version of the TOS at any time at http://corp.ign.com/user_agreement.html. You are responsible for checking periodically for changes and your continued use of the IGN Services after the Effective Date indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the TOS. IGN may also offer certain Services (e.g. Direct2Drive.com) that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.
2. IGN Services
A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Some Services are presently provided free of charge and others require payment. IGN reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that IGN will not be liable to you or any third party for any modification or discontinuance of the Services.
B. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither IGN nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
C. Privacy Policy. IGN respects your privacy and has developed a detailed Privacy Policy that is incorporated into the TOS. Please take the time to read our Privacy Policy which is available at http://corp.ign.com/privacy. As a User of the Services, you are accepting the terms of our Privacy Policy.
D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that IGN does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that IGN does not pre-screen User Content, and has no obligation to do so, but that IGN and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Service.
E. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through IGN's third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. IGN does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. IGN does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
3. General Rules
For the benefit of the entire IGN community, and to comply with applicable laws, we have certain general rules, which IGN will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by IGN, you should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify IGN immediately and promptly change your password. Please visit the Support Center (http://support.gamespy.com/article.aspx?id=10556) for instructions on how to change your password or to contact IGN.
C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by IGN and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of IGN.
E. Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any IGN account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for the community boards, user pages, blogs (the "IGN Blogs") or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
4. Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. advertise or offer to sell any goods or services for any commercial purpose.
6. Post surveys, contests, pyramid schemes or chain letters.
7. download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8. restrict or inhibit any other User from using and enjoying any public area of the Services.
9. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name or game name that, in IGN's sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.
2) User Tools. IGN and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
3) Monitoring. IGN and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, IGN and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in IGN 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. IGN is not responsible for its theft, copying or placement of that User Content on other media or networks. IGN and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, IGN and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of IGN or any of its affiliates, and their views do not necessarily reflect those of IGN and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant IGN certain rights as described in Section 4A below.
G. Downloads
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and IGN will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
4. Rights You Grant to IGN.
A. User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, but excluding any User Content you submit on IGN Blogs, you hereby irrevocably grant to IGN, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a game FAQ, text guide, walkthrough or image, IGN may modify the format and display of such User Content, but not the content. IGN will take reasonable precautions to help you to keep your email and voicemail messages private. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of IGN Blogs, you grant IGN the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to IGN and its affiliates is provided without any the entitlement of payment of fees or consideration.
B. Account Access. In order to ensure that IGN is able to provide high-quality services that are responsive to Users' needs, you agree that IGN representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 13. IGN will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Services, please contact us via our online form available at http://support.igngamespy.com.
6. Other Legal Stuff
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IGN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "IGN PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE IGN PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY IGN PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE IGN PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the TOS, then this Disclaimer of Warranties will override it.
C. Limitation of Liability. YOU AGREE THAT THE IGN PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE IGN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY IGN PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE IGN PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST IGN, OR (II) US$100.00.
D. Indemnification. You agree to protect and fully compensate the IGN Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the TOS by you or any other user of your account (whether or not authorized).
E. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide IGN's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
IGN's Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Designated Agent Attention Legal Department 8000 Marina Blvd.,4th Floor Brisbane, CA 94005 By Phone: 415.508.2000 By Facsimile: 415.508.2611
By email: Designated_Agent@igngamespy.com F. Miscellaneous. IGN's rights under the TOS may not be waived unless IGN agrees to such change in writing. The TOS and your account on the Services are personal to you and may not be transferred or assigned. The TOS is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. IGN's performance of the TOS is subject to existing laws and legal process, and nothing contained in the TOS is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by IGN with respect to such use. If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. The TOS, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and IGN regarding the Services. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the TOS shall be written in English.
G. Notices. IGN may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided IGN with your accurate email address.
Direct questions or notices to IGN as follows:
IGN Entertainment, Inc. Attn: Customer Service 3070 Bristol Street, 2nd Floor Costa Mesa, CA 92626 Email: http://support.igngamespy.com Telephone: 1-888-262-1036
ARTICLE II. Subscription Terms of Service
Certain Services provided by IGN require registration and payment (such Services are referred to as the "Premium Services"). The terms and conditions contained in this Article II (the "Subscriber TOS") apply to each subscriber to a Premium Service, including but not limited to Arcade, FilePlanet, Ad-Free Network, Founders' Club, and Insider. THE SUBSCRIBER TOS IS IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE TOS, AND THE TOS IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE TOS, INCLUDING THE SUBSCRIBER TOS, CAREFULLY PRIOR TO COMPLETING YOUR REGISTRATION FOR A PREMIUM SERVICE. BY REGISTERING FOR THE PREMIUM SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SUBSCRIBER TOS AS WELL AS ALL OTHER PROVISIONS OF THE TOS. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE TOS (INCLUDING THE SUBSCRIBER TOS), YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
For questions about your IGN subscription, please visit our FAQ at http://support.igngamespy.com. All questions that cannot be answered via the FAQ should be sent using our online form, available at http://support.igngamespy.com. Please include your name and username in all correspondence.
1. Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Premium Service account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant IGN permission to charge your credit card (or other approved facility) to pay for all such charges. The subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription. You grant IGN permission to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by visiting The Support Center () and canceling on your own or by using our online form to notify IGN. IGN will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at IGN's sole discretion. You acknowledge that canceling your subscription will not immediately terminate access to the Premium Services. Your subscription will remain open until the paid period expires. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Services shall automatically transfer to any successors or assigns of the Premium Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for Premium Services.
Payment must be made by a major credit card accepted by IGN, check, PayPal, or money order (U.S. dollars only). If IGN does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Service, and you must refer to that agreement and not the TOS to determine your rights and liabilities as a cardholder. YOU, AND NOT IGN, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
IGN RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY IGN, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT IGN. IGN MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Subscription Service by visiting The Support Center (). However, canceling will not immediately terminate access to your Premium Service account and IGN will not refund the remaining portion of your subscription. The subscription will remain open until the paid period expires. YOUR CONTINUED USE OF THE PREMIUM SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. IGN IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY EMAIL, FAX, OR LETTER ON OR THROUGH THE WEB SITE. YOU AGREE AND ACKNOWLEDGE THAT IGN SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO IGN THROUGH THE SUPPORT CENTER WITHIN 60 DAYS OF SUCH OCCURANCE OR LACK THEREOF.
There shall be no refunds, except in demonstrated cases of credit card fraud (as determined by IGN at its sole discretion) or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund IGN incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a "restocking" fee (which also applies to digital products), currently as follows:
• Subscriptions: $5 per charge refunded
• Digital Retail: 10% of the purchase price
3. Termination of Your Subscription. You acknowledge that IGN, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Premium Service for a variety of reasons, including, without limitation, if IGN believes that you have violated or acted inconsistently with the letter or spirit of the TOS or any other agreement referred to in the TOS. IGN may also, in its sole discretion, at any time discontinue providing the Premium Service, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Service under any provision of the TOS may be effected without prior notice, and acknowledge and agree that IGN may immediately deactivate or delete your account and/or bar any further access to the Premium Service. If your account is terminated by IGN, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that IGN shall not be liable to you or any third-party for termination of your access to the Premium Service. YOU AGREE AND ACKNOWLEDGE THAT IGN SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Trial Memberships. IGN occasionally offers promotional trial memberships to its Premium Services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Premium Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Premium Service at the standard Premium Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. For information about canceling your subscription, visit the Support Center ().
5. Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Service registration process. You must promptly inform IGN of any of the following: changes in the expiration date of any credit card used in connection with the Premium Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify IGN immediately upon learning of any potential breach of your Premium Service account.
6. Use Restriction. The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. IGN spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from IGN. You agree that if you do so, IGN reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
PunkBuster
SOFTWARE LICENSE AGREEMENT
The terms of this Software License Agreement (this "Agreement") shall apply to all versions, editions, and future updates of PunkBuster software and constitute a legal agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor").
BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.
Licensor grants Licensee a non-exclusive and non-transferable license to use PunkBuster software only for non-commercial entertainment purposes. Licensee may not disassemble, decompile, reverse engineer, redistribute (in any form), create derivative works of, or modify PunkBuster software in any way. Licensor reserves the right to terminate the license at any time and for any reason, or no reason at all, and without notice to licensee. Additionally, upon breach of any term of this Agreement, the license granted under this Agreement shall automatically terminate without any additional notice to Licensee. Upon termination of the license, Licensee shall destroy all copies of PunkBuster software in Licensee's possession.
Licensee acknowledges that PunkBuster software is optional and is not a requirement in any respect for using or enjoying games that integrate PunkBuster software technology. Licensee also acknowledges and agrees that PunkBuster software is self-updating, which means that future updates will, from time to time and without any notice, automatically be downloaded and installed as a normal and expected function of PunkBuster software. Licensee further acknowledges and accepts that PunkBuster software may be considered invasive. Licensee understands that PunkBuster software inspects and reports information about the computer on which it is installed to other connected computers and Licensee agrees to allow PunkBuster software to inspect and report such information about the computer on which Licensee installs PunkBuster software. Licensee understands and agrees that the information that may be inspected and reported by PunkBuster software includes, but is not limited to, Licensee's Internet Protocol Address, devices and any files residing on the hard-drive and in the memory of the computer on which PunkBuster software is installed. Licensee acknowledges and agrees that if Licensee does not want Licensor to collect and process such information, Licensee should not use the PunkBuster software. Further, Licensee consents to allow PunkBuster software to transfer actual screenshots taken of Licensee's computer during the operation of PunkBuster software for possible publication. Licensee understands that the purpose and goal of PunkBuster is to ensure a cheat-free environment for all participants in online games. Licensee agrees that the invasive nature of PunkBuster software is necessary to meet this purpose and goal. Licensee agrees that any harm or lack of privacy resulting from the installation and use of PunkBuster software is not as valuable to Licensee as the potential ability to play interactive online games with the benefits afforded by using PunkBuster software.
Licensee agrees not to export or re-export into any country subject to U.S. trade sanctions or to which the U.S. has embargoed goods or to any nationals or residents of such countries unless such nationals are permanent residents of a country that is not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.
This Software License Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Exclusive venue for all litigation regarding this Agreement shall be in Harris County, Texas. Licensee agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.
PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS TERMINATED BY EVENBALANCE, INC. OR LICENSEE.
This Agreement constitutes the entire agreement between Licensor and Licensee and supercedes any prior statements, whether written or oral.
1. Subject of the Agreement
This limited license agreement for the use of the computer game CRYSIS (this "Agreement") is entered into between Crytek GmbH ("CRYTEK") and you, the end-user (the "Licensee" or "You").
The Agreement is made effective beginning on the date on which you, the Licensee, first download, install, load or otherwise use CRYSIS.
By downloading, installing, loading or otherwise using CRYSIS you, the Licensee, agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using CRYSIS. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use CRYSIS.
2. Grant of Limited License
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, CRYTEK hereby grants to Licensee a limited, personal, non-transferable and non-exclusive right (the "License") during the Term, as defined below, to use CRYSIS in accordance with the instructions provided in the manual or on the packaging of CRYSIS.
3. Intellectual Property Rights
CRYSIS and all copyrights, trademarks, and all other intellectual property rights related thereto are owned by CRYTEK and are protected by German and international copyright law and other applicable law. Licensee shall have no ownership or intellectual property rights in or to CRYSIS, including, without limitation, all copyrights related thereto.
4. Reservation of Rights
CRYTEK expressly reserves all rights not granted in this Agreement. You are not receiving any right or license hereunder to copy, distribute, publicly perform, display or make any other use of the CRYSIS, or any element thereof, or the trademarks CRYTEK, CRYSIS, CRYENGINE, FARCRY or any other trademark of CRYTEK or any other company.
5. Software Use Restrictions
Any use by Licensee of CRYSIS not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement by Licensee.
This prohibition includes (but is not limited to):
- to copy, reproduce, manufacture or distribute (free of charge or otherwise) CRYSIS, in whole or in part, in any media;
- to transfer, sell, sublicense or lease any rights in and to CRYSIS to third parties;
- to use CRYSIS contrary to morality or applicable law;
- to modify CRYSIS or create any derived work (except as pursuant to the SANDBOX 2 EDITOR for CRYSIS or MOD SDK for Crysis Agreements)
- decompile, reverse engineer or disassemble CRYSIS.
Licensee shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by CRYTEK on or within CRYSIS.
6. Term and Termination
The term of this Agreement and the license granted herein begin on the date on which you first download, install, load or otherwise use CRYSIS and shall expire, without notice to you or any other notice, when CRYSIS is removed from the market.
Licensor may revoke or terminate this License at any time, for any reason or no reason, in its sole discretion. Notwithstanding anything to the contrary herein this Agreement and the License granted to you herein shall immediately terminate, without the requirement of any notice from CRYTEK to Licensee, upon Licensee's failure to comply with or breach of any term or provision of this Agreement.
Upon the termination or expiration of this Agreement, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims Licensee shall have no right to use CRYSIS in any manner. Licensee shall immediately destroy all copies of CRYSIS in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK.
Termination or expiration of this Agreement shall not create any liability against CRYTEK and shall not relieve Licensee from any liability which arises prior to termination or expiration.
7. Exclusion and Limitation of Liability
As the License granted to the Licensee under this Agreement is a free-of-charge-license CRYTEK's liability is excluded and limited to the largest extent legally possible.
CRYTEK INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL CRYTEK BE LIABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CRYTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer of Warranties
CRYTEK provides CRYSIS to the Licensee "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. CRYTEK does not warrant that CRYSIS or the operation thereof will be free of error or that CRYSIS will meet special requirements of the Licensee. No oral or written information or advice given to the Licensee by CRYTEK and/or any CRYTEK employee, representative or distributor will create a warranty for CRYSIS, and the Licensee may not rely on any such information or advice.
9. Support
CRYTEK will not provide any support for CRYSIS. Please do not call or send email to CRYTEK regarding CRYSIS, as Crytek will not be able to respond or answer these inquiries.
10. Licensee's Warranties and Indemnification
Licensee warrants and represents that:
a) Licensee has full legal rights and authority to enter into and become bound by the terms of this Agreement;
b) Licensee has full legal rights and authority to exercise Licensee's rights granted herein and to comply with Licensee's obligations hereunder;
c) Licensee will comply, at all times during the Term, with all applicable laws.
Licensee hereby agrees to indemnify, defend, and hold harmless CRYTEK and/or their successors, assigns, officers, directors, employees, agents, representatives and licensees (but not including Licensee) from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by Licensee.
11. Breach of the Agreement
In the event of a breach of this Agreement by CRYTEK, Licensee's sole remedy shall be to terminate this Agreement by delivering written notice of termination to CRYTEK.
In the event of a breach by Licensee of this Agreement, CRYTEK may pursue all remedies to which CRYTEK is entitled under applicable law and/or this Agreement.
Licensee agrees that Licensee's unauthorized use of CRYSIS, or any part thereof, may immediately and irreparably damage CRYTEK such that CRYTEK could not be adequately compensated by a monetary award, and in such event, and at CRYTEK's option, CRYTEK shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of CRYTEK posting bond or other security.
12. General Provisions
This Agreement constitutes the entire understanding between Licensee and CRYTEK regarding the subject matter hereof.
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between CRYTEK and Licensee. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
CRYTEK may at any time revise and alter the version of CRYSIS.
This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded.
If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement.
This Agreement shall bind and inure to the benefit of CRYTEK, its successors and assigns, and CRYTEK may assign its rights hereunder, in CRYTEK's sole discretion. This Agreement is personal to Licensee, and Licensee shall not sublicense, assign, transfer, convey nor franchise its rights granted hereunder.
Place of performance of this Agreement is Frankfurt a.M. (Germany).
If the Licensee is defendant, CRYTEK might, if admissible, determine as court of jurisdiction the court where the Licensee is resident or the court competent for the corporate domicile of CRYTEK which currently is in Frankfurt a.M. (Germany). If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Frankfurt a.M. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement.
The provisions of this Agreement shall survive cancellation, expiration or termination of this Agreement.
BY ACCEPTING BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
.NET Framework Deployment
Microsoft .NET Framework 1.1 Redistributable EULA
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.
General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA.
Additional Rights and Limitations.
• If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS Product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are reserved by Microsoft.
• If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions.
• The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
• You may conduct internal benchmark testing of the .NET Framework component of the OS Components (“.NET Component”). You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Microsoft DirectX
SOFTWARE LICENSE AGREEMENT
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Gamespy Comrade
SOFTWARE LICENSE AGREEMENT
ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
IGN Entertainment, Inc. ("IGN") welcomes you. These Terms of Service ("TOS") apply to web sites and interactive services owned or operated by IGN and its subsidiaries which include, but are not limited to, IGN.com, VaultNetwork.com, GameStats.com, TeamXbox.com, Fileplanet.com, GameSpy.com, GameSpy Arcade, and the entire GameSpy Network (e.g. all Planet sites), 3DGamers.com, AskMen.com, Founders' Club, and Insider ( individually the "Service"; together the "Services"). The TOS applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). Certain additional terms apply to paying subscribers which are set forth in Article II below. By visiting or using the Services you are agreeing to abide by the TOS.
IGN may change the TOS at any time and the changes will become effective 15 days after posting the revised TOS (the "Effective Date"). You can review the most current version of the TOS at any time at http://corp.ign.com/user_agreement.html. You are responsible for checking periodically for changes and your continued use of the IGN Services after the Effective Date indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the TOS. IGN may also offer certain Services (e.g. Direct2Drive.com) that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.
2. IGN Services
A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Some Services are presently provided free of charge and others require payment. IGN reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that IGN will not be liable to you or any third party for any modification or discontinuance of the Services.
B. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither IGN nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
C. Privacy Policy. IGN respects your privacy and has developed a detailed Privacy Policy that is incorporated into the TOS. Please take the time to read our Privacy Policy which is available at http://corp.ign.com/privacy. As a User of the Services, you are accepting the terms of our Privacy Policy.
D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that IGN does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that IGN does not pre-screen User Content, and has no obligation to do so, but that IGN and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Service.
E. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through IGN's third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. IGN does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. IGN does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
3. General Rules
For the benefit of the entire IGN community, and to comply with applicable laws, we have certain general rules, which IGN will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by IGN, you should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify IGN immediately and promptly change your password. Please visit the Support Center (http://support.gamespy.com/article.aspx?id=10556) for instructions on how to change your password or to contact IGN.
C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by IGN and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of IGN.
E. Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any IGN account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for the community boards, user pages, blogs (the "IGN Blogs") or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
4. Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. advertise or offer to sell any goods or services for any commercial purpose.
6. Post surveys, contests, pyramid schemes or chain letters.
7. download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8. restrict or inhibit any other User from using and enjoying any public area of the Services.
9. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name or game name that, in IGN's sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.
2) User Tools. IGN and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
3) Monitoring. IGN and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, IGN and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in IGN 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. IGN is not responsible for its theft, copying or placement of that User Content on other media or networks. IGN and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, IGN and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of IGN or any of its affiliates, and their views do not necessarily reflect those of IGN and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant IGN certain rights as described in Section 4A below.
G. Downloads
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and IGN will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
4. Rights You Grant to IGN.
A. User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, but excluding any User Content you submit on IGN Blogs, you hereby irrevocably grant to IGN, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a game FAQ, text guide, walkthrough or image, IGN may modify the format and display of such User Content, but not the content. IGN will take reasonable precautions to help you to keep your email and voicemail messages private. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of IGN Blogs, you grant IGN the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to IGN and its affiliates is provided without any the entitlement of payment of fees or consideration.
B. Account Access. In order to ensure that IGN is able to provide high-quality services that are responsive to Users' needs, you agree that IGN representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 13. IGN will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Services, please contact us via our online form available at http://support.igngamespy.com.
6. Other Legal Stuff
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IGN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "IGN PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE IGN PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY IGN PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE IGN PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the TOS, then this Disclaimer of Warranties will override it.
C. Limitation of Liability. YOU AGREE THAT THE IGN PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE IGN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY IGN PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE IGN PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST IGN, OR (II) US$100.00.
D. Indemnification. You agree to protect and fully compensate the IGN Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the TOS by you or any other user of your account (whether or not authorized).
E. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide IGN's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
IGN's Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Designated Agent Attention Legal Department 8000 Marina Blvd.,4th Floor Brisbane, CA 94005 By Phone: 415.508.2000 By Facsimile: 415.508.2611
By email: Designated_Agent@igngamespy.com F. Miscellaneous. IGN's rights under the TOS may not be waived unless IGN agrees to such change in writing. The TOS and your account on the Services are personal to you and may not be transferred or assigned. The TOS is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. IGN's performance of the TOS is subject to existing laws and legal process, and nothing contained in the TOS is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by IGN with respect to such use. If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. The TOS, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and IGN regarding the Services. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the TOS shall be written in English.
G. Notices. IGN may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided IGN with your accurate email address.
Direct questions or notices to IGN as follows:
IGN Entertainment, Inc. Attn: Customer Service 3070 Bristol Street, 2nd Floor Costa Mesa, CA 92626 Email: http://support.igngamespy.com Telephone: 1-888-262-1036
ARTICLE II. Subscription Terms of Service
Certain Services provided by IGN require registration and payment (such Services are referred to as the "Premium Services"). The terms and conditions contained in this Article II (the "Subscriber TOS") apply to each subscriber to a Premium Service, including but not limited to Arcade, FilePlanet, Ad-Free Network, Founders' Club, and Insider. THE SUBSCRIBER TOS IS IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE TOS, AND THE TOS IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE TOS, INCLUDING THE SUBSCRIBER TOS, CAREFULLY PRIOR TO COMPLETING YOUR REGISTRATION FOR A PREMIUM SERVICE. BY REGISTERING FOR THE PREMIUM SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SUBSCRIBER TOS AS WELL AS ALL OTHER PROVISIONS OF THE TOS. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE TOS (INCLUDING THE SUBSCRIBER TOS), YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
For questions about your IGN subscription, please visit our FAQ at http://support.igngamespy.com. All questions that cannot be answered via the FAQ should be sent using our online form, available at http://support.igngamespy.com. Please include your name and username in all correspondence.
1. Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Premium Service account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant IGN permission to charge your credit card (or other approved facility) to pay for all such charges. The subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription. You grant IGN permission to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by visiting The Support Center () and canceling on your own or by using our online form to notify IGN. IGN will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at IGN's sole discretion. You acknowledge that canceling your subscription will not immediately terminate access to the Premium Services. Your subscription will remain open until the paid period expires. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Services shall automatically transfer to any successors or assigns of the Premium Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for Premium Services.
Payment must be made by a major credit card accepted by IGN, check, PayPal, or money order (U.S. dollars only). If IGN does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Service, and you must refer to that agreement and not the TOS to determine your rights and liabilities as a cardholder. YOU, AND NOT IGN, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
IGN RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY IGN, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT IGN. IGN MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Subscription Service by visiting The Support Center (). However, canceling will not immediately terminate access to your Premium Service account and IGN will not refund the remaining portion of your subscription. The subscription will remain open until the paid period expires. YOUR CONTINUED USE OF THE PREMIUM SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. IGN IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY EMAIL, FAX, OR LETTER ON OR THROUGH THE WEB SITE. YOU AGREE AND ACKNOWLEDGE THAT IGN SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO IGN THROUGH THE SUPPORT CENTER WITHIN 60 DAYS OF SUCH OCCURANCE OR LACK THEREOF.
There shall be no refunds, except in demonstrated cases of credit card fraud (as determined by IGN at its sole discretion) or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund IGN incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a "restocking" fee (which also applies to digital products), currently as follows:
• Subscriptions: $5 per charge refunded
• Digital Retail: 10% of the purchase price
3. Termination of Your Subscription. You acknowledge that IGN, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Premium Service for a variety of reasons, including, without limitation, if IGN believes that you have violated or acted inconsistently with the letter or spirit of the TOS or any other agreement referred to in the TOS. IGN may also, in its sole discretion, at any time discontinue providing the Premium Service, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Service under any provision of the TOS may be effected without prior notice, and acknowledge and agree that IGN may immediately deactivate or delete your account and/or bar any further access to the Premium Service. If your account is terminated by IGN, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that IGN shall not be liable to you or any third-party for termination of your access to the Premium Service. YOU AGREE AND ACKNOWLEDGE THAT IGN SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Trial Memberships. IGN occasionally offers promotional trial memberships to its Premium Services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Premium Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Premium Service at the standard Premium Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. For information about canceling your subscription, visit the Support Center ().
5. Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Service registration process. You must promptly inform IGN of any of the following: changes in the expiration date of any credit card used in connection with the Premium Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify IGN immediately upon learning of any potential breach of your Premium Service account.
6. Use Restriction. The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. IGN spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from IGN. You agree that if you do so, IGN reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
PunkBuster
SOFTWARE LICENSE AGREEMENT
The terms of this Software License Agreement (this "Agreement") shall apply to all versions, editions, and future updates of PunkBuster software and constitute a legal agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor").
BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.
Licensor grants Licensee a non-exclusive and non-transferable license to use PunkBuster software only for non-commercial entertainment purposes. Licensee may not disassemble, decompile, reverse engineer, redistribute (in any form), create derivative works of, or modify PunkBuster software in any way. Licensor reserves the right to terminate the license at any time and for any reason, or no reason at all, and without notice to licensee. Additionally, upon breach of any term of this Agreement, the license granted under this Agreement shall automatically terminate without any additional notice to Licensee. Upon termination of the license, Licensee shall destroy all copies of PunkBuster software in Licensee's possession.
Licensee acknowledges that PunkBuster software is optional and is not a requirement in any respect for using or enjoying games that integrate PunkBuster software technology. Licensee also acknowledges and agrees that PunkBuster software is self-updating, which means that future updates will, from time to time and without any notice, automatically be downloaded and installed as a normal and expected function of PunkBuster software. Licensee further acknowledges and accepts that PunkBuster software may be considered invasive. Licensee understands that PunkBuster software inspects and reports information about the computer on which it is installed to other connected computers and Licensee agrees to allow PunkBuster software to inspect and report such information about the computer on which Licensee installs PunkBuster software. Licensee understands and agrees that the information that may be inspected and reported by PunkBuster software includes, but is not limited to, Licensee's Internet Protocol Address, devices and any files residing on the hard-drive and in the memory of the computer on which PunkBuster software is installed. Licensee acknowledges and agrees that if Licensee does not want Licensor to collect and process such information, Licensee should not use the PunkBuster software. Further, Licensee consents to allow PunkBuster software to transfer actual screenshots taken of Licensee's computer during the operation of PunkBuster software for possible publication. Licensee understands that the purpose and goal of PunkBuster is to ensure a cheat-free environment for all participants in online games. Licensee agrees that the invasive nature of PunkBuster software is necessary to meet this purpose and goal. Licensee agrees that any harm or lack of privacy resulting from the installation and use of PunkBuster software is not as valuable to Licensee as the potential ability to play interactive online games with the benefits afforded by using PunkBuster software.
Licensee agrees not to export or re-export into any country subject to U.S. trade sanctions or to which the U.S. has embargoed goods or to any nationals or residents of such countries unless such nationals are permanent residents of a country that is not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.
This Software License Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Exclusive venue for all litigation regarding this Agreement shall be in Harris County, Texas. Licensee agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.
PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS TERMINATED BY EVENBALANCE, INC. OR LICENSEE.
This Agreement constitutes the entire agreement between Licensor and Licensee and supercedes any prior statements, whether written or oral.