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SOFTWARE USE LIMITATIONS AND LIMITED LICENSE
USE OF STAR TREK(TM): STARFLEET ACADEMY ("Software") AND THE RELATED PRINTED OR PRINTABLE MATERIALS AND DOCUMENTATION IS GOVERNED BY AND SUBJECT TO THIS SOFTWARE LICENSE AGREEMENT ("Agreement"). BY DOWNLOADING, ACQUIRING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO THE TERMS AND RESTRICTIONS OF THIS AGREEMENT WITH INTERPLAY ENTERTAINMENT CORP. IF YOU ACQUIRED THE SOFTWARE AND DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE. TO REJECT THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, COPY, OR USE THE SOFTWARE. YOU MUST CONTACT THE VENDOR THROUGH WHICH YOU PURCHASED THE SOFTWARE WITHIN 30 DAYS TO REQUEST A REFUND AND IF YOU DOWNLOADED THE SOFTWARE, YOU MUST DELETE IT.
Limited Product License; Conditions.
Interplay Entertainment Corp. grants you the non-exclusive, non-transferable, limited right and license to install and use on copy of the Software solely for your personal non-commercial home entertainment use. All rights not specifically granted herein are reserved to Interplay Entertainment Corp. The Software is licensed for your use, not sold. Not title or ownership in the Software is transferred by this Agreement and your license should not be construed as a sale of any rights in the Software.
Except as permitted by law, you agree that you will not do, or allow, any of the following: (1) commercially exploit the Software, including but not limited to reselling, renting, leasing, or distributing (electronically or otherwise) the software; or, using the Software on a pay-per-play, coin-op or other for-charge basis or for any commercial purpose; (2) make copies of the Software, in whole or in part; (3) copy the Software onto a hard drive or other storage device unless the Software itself makes a copy during installation, or unless you are downloading the Software from an authorized Interplay online retailer; (4) use the Software on more than one computer/console at the same time; (5) use the Software in a network, multi-user arrangement, or remote access arrangement, including any online use except as included in the Software functionality; (6) sell, rent, lease, license, distribute, or otherwise transfer the Software; (7) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Software, in whole or in part; (8) hack or modify the Software, or create, develop, modify, distribute, or use any unauthorized program to gain advantage or otherwise cheat or interfere in any online or multiplayer game modes; (9) remove, disable, or circumvent any proprietary notices or labels contained on or within the Software; (10) export or re-export the Software in violation of any applicable laws or regulations of the United States government.
Ownership.
Star Trek: Starfleet Academy: TM & © 2015 CBS Studios Inc. © 2015 Paramount Pictures Corporation. STAR TREK and related marks and logos are trademarks of CBS Studios Inc. All Rights Reserved. Software © 1997 Interplay Entertainment Corp. All Rights Reserved.
All title, ownership rights, and intellectual property rights embodied in and to the Software, and derivatives thereof, are owned by Interplay Entertainment Corp. or its licensors. The Software, including, without limitation, all code, data structures, characters, images, sounds, text, screens, game play, derivative works and all other elements of the Software may not be copied. Any permissions granted herein are provided on a temporary basis and can be withdrawn by Interplay Entertainment Corp. at any time. All rights not expressly granted are reserved. The Software is protected by the copyright laws of the United States, international copyright treaties,and conventions and other laws. The Software may contain certain licensed materials, and Interplay Entertainment Corp. or its licensors may protect their rights in the event of any violation of this Agreement.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERPLAY ENTERTAINMENT CORP. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Interplay Entertainment Corp. does not ensure continuous, error-free, secure or virus-free operation of the Software and you understand that you shall not be entitled to refunds for fees based on Interplay Entertainment Corp.'s failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. EXCEPT AS SET FORTH HEREIN, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
For customers outside of North America, this warranty is provided in addition to other statutory rights and remedies you may have as a consumer based on your country's consumer protection laws.
LIMITATION OF LIABILITY
THE MAXIMUM AMOUNT OF INTERPLAY ENTERTAINMENT CORP.'S (OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, LICENSEES OR DISTRIBUTORS) LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GAME(S) PAID BY YOU TO INTERPLAY ENTERTAINMENT CORP. IN THE PRECEEDING SIX (6) MONTHS. IN NO EVENT SHALL INTERPLAY ENTERTAINMENT CORP. OR ANY OF ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT WHICH MAY BE INCURRED BY YOU, WHETHER OR NOT INTERPLAY ENTERTAINMENT CORP. (OR ANY OF SUCH OTHER RELEASED PARTIES) MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that Interplay Entertainment Corp.'s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that Interplay Entertainment Corp. cannot be held responsible or liable for anything that occurs or results from accessing or downloading the game.
General Provisions.
This Agreement is governed by and shall be construed and enforced under the laws of The State of California, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Interplay Entertainment Corp. and you each hereby irrevocably consent to the jurisdiction of the courts of the State of California for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the state courts of Los Angeles County, State of California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to assure that the Software is exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Interplay Entertainment Corp. shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Interplay Entertainment Corp. All notices given by you or required under this Agreement shall be faxed to (310)979-7171. Attn.: Customer Support.