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THE CODEMASTERS SOFTWARE COMPANY LIMITED SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: THE ACCOMPANYING PROGRAM (WHICH INCLUDES COMPUTER SOFTWARE PROGRAM, THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED. ("CODEMASTERS"). BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PROGRAM AND YOU SHOULD RETURN THE PROGRAM TO THE VENDOR FROM WHICH YOU OBTAINED THE PROGRAM AND REQUEST A REFUND.
THE PROGRAM is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Program is licensed, and not sold, and this Agreement confers no title or ownership to the Program or any copy thereof.
1. Limited Use License. Codemasters grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Program solely for your personal use on a single computer.
2. Ownership. All intellectual property rights in and to the Program (including but not limited to video, audio and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
YOU SHALL NOT:
* Copy the Program.
* Sell, rent, lease, license, distribute or otherwise transfer or make available to any other person the Program, in whole or in part, or use the Program or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users may access the Program. Codemasters may offer a separate Site License Agreement to permit you to make the Program available for commercial use; see the contact information below.
* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Program, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
LIMITED WARRANTY. Codemasters warrants to the original consumer purchaser of the Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium of a product is found defective within 90 days of original purchase, Codemasters agrees to replace, free of charge, such product within such period upon its receipt of the Product, postage paid, with proof of the date of purchase, as long as the Program is still being manufactured by Codemasters. In the event that the Program is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Program as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the Program for warranty replacement please send the original product disks only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Program.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Codemasters, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Program and all of its component parts.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, PO Box 6,
Leamington Spa Warwickshire CV47 2ZT United Kingdom.
Tel +44 1926 814 132, Fax +44 1926 817 595.
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.
IMPORTANT - READ CAREFULLY: THE ACCOMPANYING PROGRAM (WHICH INCLUDES COMPUTER SOFTWARE PROGRAM, THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED. ("CODEMASTERS"). BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PROGRAM AND YOU SHOULD RETURN THE PROGRAM TO THE VENDOR FROM WHICH YOU OBTAINED THE PROGRAM AND REQUEST A REFUND.
THE PROGRAM is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Program is licensed, and not sold, and this Agreement confers no title or ownership to the Program or any copy thereof.
1. Limited Use License. Codemasters grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Program solely for your personal use on a single computer.
2. Ownership. All intellectual property rights in and to the Program (including but not limited to video, audio and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
YOU SHALL NOT:
* Copy the Program.
* Sell, rent, lease, license, distribute or otherwise transfer or make available to any other person the Program, in whole or in part, or use the Program or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users may access the Program. Codemasters may offer a separate Site License Agreement to permit you to make the Program available for commercial use; see the contact information below.
* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Program, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
LIMITED WARRANTY. Codemasters warrants to the original consumer purchaser of the Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium of a product is found defective within 90 days of original purchase, Codemasters agrees to replace, free of charge, such product within such period upon its receipt of the Product, postage paid, with proof of the date of purchase, as long as the Program is still being manufactured by Codemasters. In the event that the Program is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Program as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the Program for warranty replacement please send the original product disks only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Program.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Codemasters, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Program and all of its component parts.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, PO Box 6,
Leamington Spa Warwickshire CV47 2ZT United Kingdom.
Tel +44 1926 814 132, Fax +44 1926 817 595.
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.