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END USER LICENSE AGREEMENT AND IGN/GAMESPY PRIVACY POLICY



PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AND THE TERMS OF THE IGN/GAMESPY PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.
1. License. The application, demonstration, system and other software and the related documentation and any files that are delivered to you by BITBOX S.L. ("Bitbox"), its licensors, including Epic Games, Inc. ("Epic"), or their designees to update, supplement, or modify the software program (the "Software") are licensed only for your use and gaming enjoyment, subject to terms and limitations in this The Software is licensed, not sold. The license fee you paid gives you the right to use the Software. Bitbox and their licensors reserve all other rights (see Section 4 below). The Software contains third party programs, and the license terms with those programs apply to your use of them. You will comply with all requirements imposed upon Bitbox by third party service providers and licensors. If the Software is configured for loading onto a hard drive, you may only load one copy of the Software onto the hard drive of a single computer and only run the Software off that hard drive. However, you may participate in a multiplayer configuration (such as in an Internet gaming room) with other players who also have valid licenses; in other words, your friends must license their own copies of the Software. There is an editor incorporated into the Software which, if you use it, is subject to Section 11 below.
2. Commercial Exploitation. You may not use this game for any commercial purposes without the prior written consent of Bitbox including, but not limited to, the following rules. You may not, without prior written consent from Bitbox, operate the Software in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 OR (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service OR (c) any company has provided, whether donated or as sponsorship, prizes, products or services worth with a fair market value of over US$5,000.00 OR (d) you have indicated that Bitbox is a sponsor of such gaming contest.
3. Pay for Play and Server Hosting Services. If you are the proprietor of an Internet café or LAN gaming center, you may operate the Software in a "pay for play" or "timeshare" environment provided that all computers used have validly licensed Software installed. If you provide commercial server hosting services, you may use the dedicated server software to provide server hosting services for profit.
4. Use Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material which belongs to Bitbox or to our licensors. You agree that you are not a third party beneficiary of any agreements between Bitbox and our licensors. You may not work around any technical limitations in the Software. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software, disassemble or otherwise reproduce the Software. Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not offer the Software on a pay per play basis or otherwise commercially exploit the Software or use the Software for any commercial purpose except as described in this agreement. You may not publish the Software for others to copy, or electronically transmit the Software from one computer to another or over a network. If you purchased the Software in North America, You agree and certify that neither the Software nor any other technical data received from Bitbox, nor the direct product thereof (whether a process or service or otherwise), will be directly or indirectly exported or transmitted outside the United States except as authorized and as permitted by the laws and regulations of the United States. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export or transmit, directly or indirectly, the Software nor any other technical data received from Bitbox, except as authorized by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. You agree that you will not export in any manner the Software without first obtaining all necessary approvals from the appropriate agencies in the United States and any other applicable countries. If you purchased the Software outside of North America, You agree that you will not re-export or transmit, directly or indirectly, the Software nor any other technical data received from Bitbox, except as authorized by the laws and regulations of the jurisdiction in which you obtained the Software. You agree that you will not export in any manner the Software without first obtaining all necessary approvals from the appropriate agencies.
5. Cheating. If you are caught cheating in an on-line game using the Software we will immediately and permanently ban your account. At that point, this License is automatically terminated and you must immediately delete this software from your PC.
6. Limited Trademark License. If you provide commercial server hosting services or if you are the proprietor of an Internet café or LAN gaming center, and you operate the Software in a "pay for play" or "timeshare" environment in compliance with Section 3 above, you are licensed by Bitbox to use only the Scourge Project logo only in connection with your advertisement and promotion of the Software in association with your Internet café, LAN gaming center, or dedicated server business. High-resolution versions of these logos are available by e-mailing at pr@tragnarion.com, and your use of these trademarks shall be in accordance with Bitbox's trademark usage guidelines provided by Bitbox. Nothing contained in this Agreement shall give you any interest or additional rights in such trademarks or in any other trademarks owned by Bitbox.
7. No Other License. Bitbox retains ownership of all proprietary information and all patent, copyright, trade secret or other intellectual property rights owned by each of them. No rights or licenses are granted by Bitbox under this License, expressly or by implication, with respect to any such proprietary information or patent, copyright, trade secret or other intellectual property rights owned or controlled by Bitbox, except as expressly provided in this License.
8. Termination. This License is effective until one of us terminates it. You may terminate this License at any time by destroying the Software and related documentation. In the unlikely event that you are naughty and fail to comply with any provision of this License, this License will terminate immediately without notice from Bitbox. Upon termination, you must destroy the Software and related documentation.
9. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.277-19, or in Clause 18-52.227-896(d) of the NASA Supplement to the FAR, as applicable.
10. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software and the media on which it is recorded, if any, is at your sole risk. For ninety (90) days from the date of your purchase of the Software, the media containing the Software, if any, shall be free from defects in material and workmanship. Bitbox's sole liability, and your sole remedy, with respect to any such media that proves to be defective during such time period shall be to replace the defective media. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Except explicitly as set forth herein, the Software, related documentation and the media, if any, are provided "AS IS" without any warranty of any kind. Certain features of the Software are not supported; for more information, see the manual. BITBOX and its LICENSORS (for the purposes of Section 7 and Section 8, Bitbox, Epic and their licensors, including GameSpy Industries Inc., shall be referred to as Bitbox) EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BY NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BITBOX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR THE MEDIA WILL BE CORRECTED. FURTHERMORE, BITBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BITBOX OR ANY OF BITBOX'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL BITBOX OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA, PROFITS (EVEN IF ARISING IN THE NORMAL CAUSE OF EVENTS) AND/OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF BITBOX HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION APPLIES TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, OR THIRD PARTY PROGRAMS. THIS LIMITATION ALSO APPLIES TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall the total liability of Bitbox to you for all damages, losses, and causes of action (in each case whether in contract, tort or otherwise) exceed the amount paid by you for the Software. Nothing in this License shall be deemed or construed as excluding or limiting Bitbox's liability for personal injury or death arising from its negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.
12. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of Spain. If for any reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. You hereby agree to the exclusive jurisdiction of the Spanish Courts.
13. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Bitbox reserves the right to modify the terms of this License from time to time.
14. The Use of Online Functionality by Children. Children under the age of 18 are not permitted to participate in the online features of the game.
15. Collection of Personal Data. Personal data in the form of an e-mail address may be collected from you during the online registration process if you choose to participate in the online features of the Software (the "Personal Data"). IGN/GameSpy shall be responsible for all aspects of the collection and handling of all Personal Data and the use of such data shall be governed by the IGN/GameSpy privacy policy printed below.
16. Rules of Online Behavior.
(a) By accessing, participating on, or otherwise using the online features of the Software, you agree to the following:
i. You will not present any content through chat features or other features of the Software that:
A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene, or unlawful material;

B. Contains slanderous or libelous comments about other users, Bitbox employees, or other individuals;

C. Contains personal information about any individual;

D. Violates the privacy of any other individual or entity;

E. Contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;

F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Bitbox's system or a third party's computer;

G. Undermines the operation of a forum, chat room, or other feature; or

H. Infringes upon the rights of any third party.

ii. You understand and agree that Bitbox will remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.

iii. Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of Bitbox. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Bitbox.

iv. By participating in Bitbox websites, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.

v. Message boards and other features provided by Bitbox may not be used for unauthorized electronic commerce. Use of any of our websites' features, including but not limited to message boards, for the sale of products or services (including participation in any affiliate program other than that operated by Bitbox) is prohibited. If, in the sole discretion of Bitbox respectively, you are found to be using Bitbox websites for any inappropriate commercial purpose, Bitbox reserves the right to take action to end such activity.

vi. Unless Bitbox let you know otherwise, you may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit any Bitbox website, or any part of it.

(b) Your use of all of the online features of the Software is subject to these Rules of Online Behavior, any other terms applicable to the various features of our sites, and all applicable laws, rules, and regulations. Bitbox may terminate your account if we believe, using our sole discretion, that you have violated any of these Rules of Online Behavior, any other terms of this license, or any law.
(c) Bitbox may also, in its sole discretion and at any time, discontinue the online functionality of the Software or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that Bitbox will have no liability to you if any Bitbox site is discontinued or your ability to access it is terminated.
(d) When utilizing any of the online features of the Software, such as posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted Bitbox a license for the perpetual, non-exclusive distribution of the information or materials worldwide in any form or forum without charge or liability.
(e) You participate in all of the online features of the Software, such as message boards, chat rooms, and/or other features at your own risk. If you are dissatisfied with any feature, operability, content, these Rules of Online Behavior, other agreements Bitbox imposes as a condition of usage, or any other component of the online content of the Software, your sole remedy is to discontinue use of the online content.
(f) By participating in the online content of the Software, you acknowledge that you may come across material that you find offensive. Bitbox disclaims any responsibility for any such offensive material, and all content presented by third parties. Bitbox has no responsibility for such content and is merely providing access to such content as a service to you.
(g) You acknowledge that Bitbox has the right to delete any messages, files, or any other content that you may have uploaded to any feature of the online content at its sole discretion, including content that is deemed by Bitbox, in its sole discretion, to violate the terms of this or any other binding agreement.
(h) You agree to indemnify and hold Bitbox, its parents, subsidiaries, officers, employees, licensors and contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
17. Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by Bitbox or such parties' licensors and are protected by European and United States copyrights laws, international treaty provisions, an army of clones, and all applicable law. Please do not make unauthorized copies. The program you've licensed was produced through the efforts of many people who earn their livelihood from its lawful use. To report copyright violations to the Entertainment Software Association, please visit http://www.theesa.com/piracy/index.asp
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Third Party Software Credits
Speex, Copyright 2002-2003 Jean-loup Gailly and Mark Adler
Zlib, Copyright ©1995-2004 Jean-loup Gaily and Mark Adler
Ogg Vorbis libs ©2010, Xiph.Org Foundation
wxWidgets, Copyright ©1998-2005 Julian Smart, Robert Roebling et al.
ConvexDecomposition, Copyright ©2004 Open Dynamics Framework Group, www.physicstools.org, All rights reserved.
Theora, Copyright (C) 2002-2010 Xiph.org Foundation
PhysiX Copyright © 2008 NVIDIA Corporation. All rights reserved. Copyright © 2002-2008 AGEIA Technologies, Inc. All rights reserved. Copyright © 2001-2006 NovodeX. All rights reserved.

This product contains software technology licensed from GameSpy Industries, Inc. ©1999-2010 GameSpy Industries, Inc.
GameSpy and the "Powered by GameSpy" design are trademarks of GameSpy Industries, Inc. All rights reserved.

This product includes code licensed from NVIDIA.

Unreal Engine, Copyright 1998-2010, Epic Games, Inc. All rights reserved.

-=-=-=-
Fonix VoiceIn and DecTalk
Platforms: PC, Mac, Linux, PS3, Xbox 360

The Software contains third party programs, including software programs licensed by Fonix Speech, Inc., a Delaware corporation with its principal place of business at 9350 South 150 East, Suite 700, Sandy, Utah 84070 ("Fonix"), and Fonix grants you a nonexclusive, nontransferable, worldwide license to use the Fonix software in object code form but only as incorporated into the Software and with the Software.

The Software contains copyrighted material, trade secrets and other proprietary material which belongs to Fonix. You agree that you are not a third party beneficiary of any agreements between Bitbox and our licensors, including, without limitation Fonix. Your right to use the Fonix software is restricted to the functionality, number of concurrent users, and specific primary and secondary languages authorized in connection with the Software. You may not decompile, modify, reverse engineer, publicly display, disassemble or otherwise reproduce the Fonix software.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FONIX SOFTWARE IS PROVIDED "AS IS" AND FONIX AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FONIX OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FONIX'S AGGREGATE LIABILITY (IF ANY) EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE.

-=-=-=-
Libxml2 (used by Collada)
Platforms: PC, Mac, Linux

Copyright © 1998-2003 Daniel Veillard. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

-=-=-=-
ConvexDecomposition
Platforms: PC, Mac, Linux

Copyright (c) 2004 Open Dynamics Framework Group, www.physicstools.org, All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditionsand the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice,this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the Open Dynamics Framework Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE INTEL OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

-=-=-=-
AMD CPU Drivers
Platforms: PC

Advanced Micro Devices, Inc.
End User License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. License. The software accompanying this License (hereinafter "Software"), regardless of the media on which it is distributed, are licensed to you by Advanced Micro Devices, Inc. ("AMD") for use solely in conjunction with AMD hardware products purchased with the Software ("AMD Hardware"). You own the medium on which the Software is recorded, but AMD and AMD's Licensors (referred to collectively as "AMD") retain title to the Software and related documentation. You may:
a) use the Software solely in conjunction with the AMD Hardware on a single computer;
b) make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy AMD's copyright notice and any other proprietary legends that were on the original copy of the Software;
c) transfer all your license rights in the Software provided you must also transfer a copy of this License, the backup copy of the Software, the AMD Hardware and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License. Upon such transfer your license is then terminated.
2. Restrictions. The Software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;
b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; or
c) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof.
4. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987), as amended from time to time. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
5. No Other License. No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.
6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.
7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AMD will not be liable for 1)loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall AMD's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
9. Controlling Law and Severability. This Agreement will be governed by and construed under the laws of the State of California without reference to its conflicts of law principles. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purpose of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection which it may have to contest such forum.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD.
-=-=-=-
DirectX
Platforms: PC

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.

-=-=-=-
PhysX
Platforms: PC, PS3, Mac, Linux, Xbox 360

NVIDIA CORPORATION
NVIDIA® PHYSX™ SDK END USER LICENSE AGREEMENT
Welcome to the new world of reality gaming brought to you by PhysX™ acceleration
from NVIDIA®.

NVIDIA Corporation (“NVIDIA”) is willing to license the PHYSX SDK and the
accompanying documentation to you only on the condition that you accept all the terms
in this License Agreement (“Agreement”).

IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THE ACCOMPANYING NVIDIA PHYSX SDK.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS
NOT WILLING TO LICENSE THE PHYSX SDK TO YOU. IF YOU DO NOT
AGREE TO THESE TERMS, YOU SHALL DESTROY THIS ENTIRE PRODUCT
AND PROVIDE EMAIL VERIFICATION TO PHYSXLICENCING@NVIDIA.COM
OF DELETION OF ALL COPIES OF THE ENTIRE PRODUCT.

NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO
TIME. ANY USE OF THE PHYSX SDK WILL BE SUBJECT TO SUCH UPDATED
TERMS. A CURRENT VERSION OF THIS AGREEMENT IS POSTED ON
NVIDIA’S DEVELOPER WEBSITE:
www.developer.nvidia.com/object/physx_eula.html

1. Definitions. “Licensed Platforms” means the following:
- Any PC or Apple Mac computer with a NVIDIA CUDA-enabled
processor executing NVIDIA PhysX;
- Any PC or Apple Mac computer running NVIDIA PhysX software
executing on the primary central processing unit of the PC only;
- Any PC utilizing an AGEIA PhysX processor executing NVIDIA
PhysX code;
- Microsoft XBOX 360™;
- Nintendo® Wii™; and/or
- Sony Playstation® 3

“Physics Application” means a software application designed for use and fully
compatible with the PhysX SDK and/or NVIDIA Graphics processor products, including
but not limited to, a video game, visual simulation, movie, or other product. “PhysX
Software Development Kit” or “PhysX SDK” means the set of instructions for
computers, in executable form and in any media (which may include diskette, CD-ROM, downloadable internet, hardware, or firmware) comprising NVIDIA’s proprietary
Software Development Kit and related media and printed materials, including
Redistributable Code, Sample Code, reference guides and manuals, installation routines,
PhysX drivers, API’s, libraries, any subsequent updates or adaptations provided by
NVIDIA, whether with this installation or as separately downloaded. “Redistributable
Code” means the Sample Code and any object code files located in the “\SDKs\lib\” and
“\Tools\NXuStream2” directories of the PhysX SDK. “Sample Code” means the sample
interface or application source and object code files contained within the PhysX SDK’s
“Samples” directory or made available for download from the PhysX developer site and
designated as sample code.

2. License. NVIDIA grants you (“you”) a limited, non-exclusive, non-transferable
world-wide, royalty-free license to (a) internally install, use and display the PhysX SDK,
solely for purposes of developing Physics Applications on Licensed Platforms; (b)
internally use, copy, modify and compile the Sample Code to design, develop and test
Physics Applications on Licensed Platforms; and (c) reproduce and distribute the
Redistributable Code only in object code form and only as fully integrated into Physics
Applications, provided you meet and comply with all requirements of this Agreement.

In addition, you may not and shall not permit others to:

(i) modify, reproduce, de-compile, reverse engineer or translate the PhysX
SDK; or

(ii) distribute or transfer the PhysX SDK other than as part of the Physics
Application.

Except as expressly granted herein, no other license under any patent, copyright, trade
secret, trademark or other intellectual property right is granted to or conferred upon you
by this Agreement. All other rights are expressly reserved by NVIDIA and its licensors.

3. Redistribution; Physics Applications. Any redistribution of the PhysX SDK(in
accordance with Section 2 above) or portions thereof must be subject to an end user
license agreement including language that (a) prohibits the end user from modifying,
reproducing, de-compiling, reverse engineering or translating the PhysX SDK; (b)
prohibits the end user from distributing or transferring the PhysX SDK other than as part
of the Physics Application; (c) disclaims any and all warranties on behalf of NVIDIA and
its affiliated companies and licensors; (d) disclaims, to the maximum extent permitted by
law, NVIDIA’s, its affiliated companies and its licensors' liability for all damages, direct
or indirect, incidental or consequential, that may arise from any use of the PhysX SDK
and/or Physics Application; (e) requires the end user to agree not to export the PhysX
SDK and/or Physics Application, directly or indirectly, in violation of any U.S. laws and
(f) licenses the PhysX SDK or any portions thereof for use only in conjunction with the
Licensed Platforms. Upon request, you must provide NVIDIA with two (2) copies of any
Physics Application and related documentation that is commercially released subject to a
license enabling NVIDIA to use and publicly display reasonable portions of such Physics
Application for advertising purposes. Physics Application(s) should be sent to:

NVIDIA Corporation
2701 San Tomas Expressway
Santa Clara, CA 95050
Attention: Senior VP of Marketing
4. Ownership, Protections. The PhysX SDK is owned by NVIDIA and NVIDIA
licensors, and is protected by United States copyright laws, international treaty
provisions, and other applicable laws. With regard to any copies made, you agree to
reproduce any copyright notices and other proprietary legends included on the original.
NVIDIA copyright notice(s) may appear in any of several forms, including machinereadable
form, and you agree to reproduce such notice in each form in which it appears.
Title and copyrights to the PhysX SDK and any copies made by you remain with
NVIDIA and its licensors. You acknowledge that the PhysX SDK contain valuable
proprietary information and trade secrets and that unauthorized or improper use of the
PhysX SDK will result in irreparable harm to NVIDIA and its licensors for which
monetary damages would be inadequate and for which NVIDIA and its licensors will be
entitled to immediate injunctive relief. Subject to the rights of NVIDIA and its licensors
in the PhysX SDK and the Sample Code, you own your modifications to the Sample
Code.
5. Restrictions. You will not, and will not permit others to: (a) modify, translate,
decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of any
portion of the PhysX SDK except the Sample Code, (b) copy the look-and-feel or
functionality of any portion of the PhysX SDK except the Sample Code; (c) remove any
proprietary notices, marks, labels, or logos from the PhysX SDK or any portion thereof;
(d) rent, transfer or use as a service bureau all or some of the PhysX SDK without
NVIDIA’s prior written consent, except in the form of Physics Applications and subject
to the requirements of this Agreement; (e) utilize any computer software or hardware
which is designed to defeat any copy protection device, should the PhysX SDK be
equipped with such a protection device; or (f) use the NVIDIA Licensed Software in any
manner that would cause the NVIDIA Licensed Software to become subject to an Open
Source License. "Open Source License" includes, without limitation, a software license
that requires as a condition of use, modification, and/or distribution of such software that
the NVIDIA Licensed Software be (i) disclosed or distributed in source code form; (ii) be
licensed for the purpose of making derivative works; or (iii) be redistributable at no
charge. Unauthorized copying of the PhysX SDK, or failure to comply with any of the
provisions of this Agreement, will result in automatic termination of this license.
6. Attribution Requirements and Trademark License. You must provide attribution
to NVIDIA, PhysX™ by NVIDIA, and the NVIDIA PhysX SDK.

A: You will include a reference to the PhysX SDK and NVIDIA in any press releases
for such Game that relate to NVIDIA, or in-game physics, and will identify
NVIDIA as the provider of the "Physics Engine" (or such other term or phrase as
indicated by NVIDIA from time to time).

B: For Games and Demos that incorporate the PhysX SDK or portions thereof, the
NVIDIA and PhysX by NVIDIA logos must appear:
a. on the back cover of the instruction manual or similar placement in an
electronic file for the purpose of acknowledgement/copyright/trademark
notice;
b. on external packaging;
c. during opening marquee or credits with inclusion of “PhysX by NVIDIA”;
d. must appear on title marketing feature list with a specific call-out of
PhysX Technology
e. on the credit screen; and
f. in the “About” or “Info” box menu items (or equivalent) of all Physics
Games or Applications using any portion of the PhysX SDK.
C: Provide a quote citing the Licensee’s integration of the PhysX SDK into the
Game or Application for NVIDIA’s use in press materials and website.
D: Refer to NVIDIA’s PhysX SDK in all press coverage referring to the use of a
physics engine in the development of any Game or Application.
Except as expressly set forth in this Section 6, or in a separate written agreement with
NVIDIA, you may not use NVIDIA's trademarks, whether registered or unregistered, in
connection with the Physics Application in any manner or imply that NVIDIA endorses
or otherwise approves of the Physics Application or that you and NVIDIA are in any way
affiliated. Your use of the NVIDIA name under this Agreement does not create any
right, title or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill
arising from your use inure solely to the benefit of NVIDIA.

7. DISCLAIMER. EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTY, THE PHYSX SDK IS PROVIDED “AS IS” AND NVIDIA AND ITS
LICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY
COMMUNICATION WITH YOU. NVIDIA SPECIFICALLY DISCLAIMS ANY
OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. NVIDIA MAKES NO WARRANTY
WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF
THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.

8. Remedies. The entire liability of NVIDIA and its licensors, and your exclusive
remedy under the warranty provided herein will be, at NVIDIA’s option, to replace any
media found to be defective within the warranty period, or to refund the purchase price
and terminate this Agreement. To seek such a remedy, you must return the entire PhysX
SDK to NVIDIA, with a copy of the original purchase receipt within the warranty period.

9. Confidential Information. All technical and business information disclosed by
NVIDIA to you under this Agreement, including but not limited to source code,
documentation, technical assistance and any confidential information pertaining to
NVIDIA’s business or products, are to be considered “NVIDIA Confidential
Information.” You will not disclose any portion of NVIDIA Confidential Information to any third party and will protect all NVIDIA Confidential Information with the same
degree of care as you use to protect your own information of a confidential or proprietary
nature, but always with at least a reasonable degree of care. This obligation of
confidentiality will survive termination and/or expiration of this Agreement for any
reason.

10. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF NVIDIA AND
ITS LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT
EXCEED $100 IN THE AGGREGATE. IN NO EVENT WILL NVIDIA OR ITS
LICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING
WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR INJURY
TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF
WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit limitations of
liability for incidental or consequential damages, so the above exclusions may not apply
to you.

11. Customer and Technical Support. You will be solely responsible for providing
customer and technical support to end users of the Physics Application for all features of
the Physics Application, including those features that relate to integration, functionality
or compatibility of the Physics Application with NVIDIA products. NVIDIA may
provide you with technical support related to use of the PhysX SDK under terms and
conditions as posted on the NVIDIA PhysX developer website, which may, in NVIDIA’s
sole discretion, be changed from time to time.

12. Term of License; Termination. Your right to use the PhysX SDK will begin when
you click the “ACCEPT” button, which constitutes acceptance of the terms and
conditions herein. The license is effective until otherwise terminated. You may
terminate it at any time by destroying the PhysX SDK and all portions thereof, together
with all copies in any form. If you fail to comply with any material term or condition of
this Agreement and do not cure the noncompliance within 30 days of receipt of written
notice of noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct
any further development under Sections 2(a) and (b) of this Agreement ("Partial
Termination"). Upon Partial Termination, you will certify to NVIDIA in writing that the
original and all stand-alone copies, in whole or in part, of the PhysX SDK have been
destroyed. Upon Partial Termination, you may continue to distribute any Physics
Application that has been commercially released prior to such termination subject to
prospective compliance with this Agreement. Upon any other termination, you will
certify to NVIDIA in writing that the original and all copies, in whole or in part, of the
PhysX SDK have been destroyed, including those portions contained within any
unshipped Physics Applications.
13. Governing Law. This Agreement will be governed by the laws of the United
States of America to the extent that they apply and otherwise by the laws of the State of
California, without reference to principles of conflicts of law.
14. Export. You agree and certify that no portion of the PhysX SDK nor any other
technical data received from NVIDIA will be exported outside the United States except
as authorized and as permitted by the laws and regulations of the United States. If you
have rightfully obtained the PhysX SDK outside of the United States, you agree that you
will not re-export any portion of the PhysX SDK nor any other technical data received
from NVIDIA, except as permitted by the laws and regulations of the United States and
the laws and regulations of the jurisdiction in which you obtained the PhysX SDK.

15. Assignment. You may not sublicense, assign or transfer this Agreement or the
PhysX SDK except as expressly provided in this Agreement. Any attempt to otherwise
sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and
void.

16. Survival. The parties agree that where the context of any provision indicates an
intent that it will survive the term of this Agreement, then it will survive. All terms of
this Agreement survive Partial Termination except Sections 2(a) and (b).

17. Entire Agreement. This Agreement contains the parties’ entire agreement
regarding your use of the PhysX SDK and may be amended only in writing signed by
both parties.

Copyright © 2008 NVIDIA Corporation. All rights reserved. Copyright © 2002-2008
AGEIA Technologies, Inc. All rights reserved. Copyright © 2001-2006 NovodeX. All
rights reserved.

US AND INTERNATIONAL PATENTS PENDING.
-=-=-=-
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2008 STANDARD EDITION
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• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or
limitation of incidental, consequential or other damages.
**************************************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the
Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED
WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU
RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE
COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user
transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST
ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an
implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act),
the acts of others, or events beyond Microsoft’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO
CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT
SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS,
UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE
THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE
SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF
OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED
WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR
LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software
acquired in the United States and Canada, contact Microsoft at
• (800) MICROSOFT;
• Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
• visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft
Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact
either
• Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road,
Sandyford Industrial Estate, Dublin 18, Ireland; or
• the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the
United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see
www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM
MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws
give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the
Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND
EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO
COUNTRY.
-=-=-=-
Visual Studio 2005
Platforms: PC

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT VISUAL STUDIO 2005 PROFESSIONAL EDITION

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. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft's refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.

AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.

NOTICE: APPLICATIONS AND SERVICES BUILT WITH MICROSOFT VISUAL J# 2005 WILL RUN ONLY IN THE MICROSOFT .NET FRAMEWORK. VISUAL J# 2005 HAS BEEN INDEPENDENTLY DEVELOPED BY MICROSOFT. IT IS NOT ENDORSED OR APPROVED BY SUN MICROSYSTEMS, INC.
------------------------------

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

1. OVERVIEW.

a. Software. The software includes development tools, software programs and documentation.
b. License Model. The software is licensed on a per user basis.

2. INSTALLATION AND USE RIGHTS.

a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use.
b. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
c. Third Party Programs. The software contains third party programs. The license terms with those programs apply to your use of them.

3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. User Testing. Your end users may access the software to perform acceptance tests on your programs.
b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
• REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
• Sample Code. You may modify, copy, and distribute the source and object code form of code marked as "sample."
• Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
• MFCs, ATLs and CRTs. You may modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name
• MDAC. You may copy and distribute the object code form of the MDAC_TYP.EXE file.
• Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your programs.

iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft's trademarks in your programs' names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code, other than code listed in OTHER-DIST.TXT files, to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.

4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.

a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see the software documentation. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based service available to you.
• Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else's use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
-
5. TIME-SENSITIVE SOFTWARE. If the version of the software is a trial version, the software will stop running either ninety days or one hundred eighty days after you install it, depending on the trial version you have. You will receive notice before it stops running. You may not be able to access data used with the software when it stops running.



6. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties.

7. MICROSOFT WINDOWS SOFTWARE. The software contains the Microsoft .NET Framework 2.0 and Microsoft Data Access Component 2.8 SP1 software. These software are part of Windows. The license terms for Windows apply to your use of the .NET Framework 2.0 and Microsoft Data Access Component software.

8. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software.

9. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component of the Windows operating systems (".NET Component"). You may conduct internal benchmark testing of the .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.

10. 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. For more information, see www.microsoft.com/licensing/userights. 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; or
• use the software for commercial software hosting services.
11. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.

12. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

13. NOT FOR RESALE SOFTWARE. You may not sell software marked as "NFR" or "Not for Resale."

14. ACADEMIC EDITION SOFTWARE. You must be a "Qualified Educational User" to use software marked as "Academic Edition" or "AE." If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.

15. UPGRADE. If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may use the earlier version only as permitted in the Downgrade clause below.

16. DOWNGRADE. You may install and use this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you.

17. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.

18. 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.

19. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.

20. ENTIRE AGREEMENT. This agreement (including the warranty below), 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.

21. 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.

22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or 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 state or country if the laws of your state or country do not permit it to do so.

23. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. 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
* repair, replacement or a refund for the software does not fully compensate you for any losses; or
* Microsoft knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

*************************************************************************************

LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft's reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.

1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at

* (800) MICROSOFT;
* Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
* visit www.microsoft.com/info/nareturns.htm.

2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either

* Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
* the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).

3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).

G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.

Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.

GARANTIE LIMITéE

A. GARANTIE LIMITéE. Si vous suivez les instructions, le logiciel fonctionnera dans son ensemble comme il est décrit dans la documentation de Microsoft reçue avec ou dans le logiciel.

B. DURéE DE LA GARANTIE ; BéNéFICIAIRE DE LA GARANTIE ; DURéE DE TOUTE GARANTIE IMPLICITE. La garantie limitée couvre le logiciel pendant un an aprÈs son acquisition par le premier utilisateur. Si vous recevez des compléments, des mises à jour ou un logiciel de remplacement au cours de cette année, ils seront couverts par la garantie pendant la durée restante ou pendant 30 jours, la période la plus longue étant retenue. Si le premier utilisateur transfÈre le logiciel, la durée restante de la garantie s'applique au destinataire.

Dans la limite autorisée par la loi en vigueur, toute garantie ou condition implicite dont vous bénéficiez prendra fin au terme de la garantie limitée. Certains états n'autorisent pas les limitations portant sur la durée d'une garantie implicite, de sorte que les limitations ci-dessus peuvent ne pas vous Être applicables. Elles peuvent également ne pas vous Être applicables, car certains pays n'autorisent pas les limitations portant sur la durée d'une garantie ou condition implicite.

C. EXCLUSIONS DE LA GARANTIE. Cette garantie ne couvre pas les problÈmes engendrés par vos propres actes (ou absences d'actes), ceux de tiers ou tout autre événement indépendant de la volonté de Microsoft.

D. RECOURS DANS LE CADRE DE LA VIOLATION DE GARANTIE. Nous nous engageons à réparer ou à remplacer le logiciel gratuitement. Si nous ne pouvons pas le réparer ni le remplacer, nous rembourserons le montant que vous avez payé pour le logiciel figurant sur le reçu. Nous nous engageons à réparer ou à remplacer les compléments, les mises à jour et le logiciel de remplacement gratuitement. Si nous ne pouvons pas les réparer ni les remplacer, nous rembourserons le montant que vous avez payé pour ces composants, le cas échéant. Vous devez désinstaller le logiciel et le renvoyer à Microsoft avec une preuve d'achat pour vous faire rembourser. Ces recours sont les seuls dont vous disposez dans le cadre de la violation de garantie limitée.

E. DROITS DES CONSOMMATEURS NON AFFECTéS. Vous pouvez bénéficier de droits des consommateurs supplémentaires dans le cadre du droit local, que ce contrat ne peut modifier.

F. PROCéDURES RELATIVES AUX RéCLAMATIONS DANS LE CADRE DE LA GARANTIE. Vous devrez fournir une preuve d'achat pour obtenir de l'aide en matiÈre de garantie.

1. états-Unis et Canada. Pour obtenir de l'aide en matiÈre de garantie ou des informations sur la procédure à suivre pour vous faire rembourser un logiciel acquis aux états-Unis et au Canada, mettez-vous en rapport avec Microsoft

* (800) MICROSOFT ;
* Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399 ; ou
* en visitant www.microsoft.com/info/nareturns.htm.


2. Europe, Moyen-Orient et Afrique. Si vous avez acquis le logiciel en Europe, au Moyen-Orient ou en Afrique, Microsoft Ireland Operations Limited offre cette garantie limitée. Pour faire une réclamation au titre de cette garantie, vous devez vous mettre en rapport avec

* Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Irlande ; ou
* votre filiale nationale de Microsoft (visitez le site www.microsoft.com/worldwide).

3. En dehors des états-Unis, du Canada, de l'Europe, du Moyen-Orient et de l'Afrique. Si vous avez acquis le logiciel en dehors des états-Unis, du Canada, de l'Europe, du Moyen-Orient et de l'Afrique, mettez-vous en rapport avec votre filiale nationale de Microsoft (visitez le site www.microsoft.com/worldwide).

G. AUCUNE AUTRE GARANTIE. La garantie limitée est la seule garantie directe de Microsoft. Nous n'accordons aucune autre garantie ou condition expresse. Dans toute la mesure permise par le droit local, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues. Si le droit local vous accorde des garanties ou conditions implicites, nonobstant la présente exclusion, les recours dont vous disposez sont ceux présentés dans la clause de recours dans le cadre de la violation de garantie ci-dessus, dans la limite autorisée par le droit local.

H. LIMITATION DES DOMMAGES-INTéRÊTS ET EXCLUSION DE RESPONSABILITé DANS LE CADRE DE LA VIOLATION DE GARANTIE. La clause de limitation des dommages-intérÊts et exclusion de responsabilité ci-dessous s'applique aux violations de cette garantie limitée.

La présente garantie vous confÈre des droits légaux spécifiques et vous pouvez également bénéficier d'autres droits qui varient d'un état à l'autre. Vous pouvez également bénéficier d'autres droits qui varient d'un pays à l'autre.

LIMITATION DES DOMMAGES-INTéRÊTS ET EXCLUSION DE RESPONSABILITé POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur du montant que vous avez payé pour le logiciel. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.

Cette limitation concerne

* toute affaire liée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
* les réclamations au titre de violation de contrat ou de garantie ou condition, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.

Elle s'applique également, mÊme si
* la réparation, le remplacement ou le remboursement du logiciel ne compense pas intégralement toute perte subie ; ou
* Microsoft connaissait l'éventualité d'un tel dommage.

Certains états n'autorisent pas l'exclusion ou la limitation de responsabilité pour les dommages indirects ou accessoires, de sorte que la limitation ou l'exclusion ci-dessus peut ne pas vous Être applicable. Elles peuvent également ne pas vous Être applicables, car votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit.

EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre état ou pays. Vous pourriez également avoir des droits à l'égard de la partie de qui vous avez acquis de logiciel. Le présent contrat ne modifie pas les droits que vous confÈrent les lois de votre état ou pays si celles ci ne le permettent pas.
-=-=-=-
GameSpy
Platforms: PC, PS3, Mac, Linux

IGN Privacy Policy
Effective as of February 2, 2007. This policy will change from time to time. The most recent version can be found at: http://corp.ign.com/privacy.html
IGN Entertainment, Inc. (together with its subsidiaries, "IGN" or "we") is part of the News America Group, which has adopted a set of Privacy Principles http://www.newscorp.com/privacy.htmlapplicable to all its U.S.-based companies. IGN has implemented those Principles in this Privacy Policy, which describes how we collect, use, and share personally identifiable information (information that can be used to identify you, such as your full name, email address, mailing address, or telephone number) ("PII") we obtain from and about individuals located in the U.S. both online and off-line.
This Policy applies to all web sites and services owned or provided by IGN, including its subsidiaries (collectively "IGN Sites"). IGN Sites include, but are not limited to, IGN.com, VaultNetwork.com, CheatsCodesGuides.com, GameStats.com, TeamXbox.com, GameSpy.com, GameSpyArcade.com, GameSpyArena.com, Direct2Drive.com, RottenTomatoes.com, FilePlanet.com, 3DGamers.com, Insider.ign.com, and AskMen.com, as well as other IGN-branded services. New sites, domain names, or services that we add to the IGN Sites will be subject to this Policy.
The IGN Sites are general audience web sites, and IGN does not knowingly collect PII from children under 13 years of age.
From time to time we may revise this Policy to reflect industry initiatives or changes in the law, our information collection and use practices, the features of the IGN Sites, or technology. If we make revisions that change the way we collect or use your PII, those changes will be posted in this Policy and the effective date will be noted at the beginning of this Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we materially change our practices regarding use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.
COLLECTION: Collection of PII by IGN
General. IGN collects PII in order to create or enhance our relationship with you. When we collect PII from you it is because you are voluntarily submitting the information to us in order to participate in certain activities including (i) registration for certain online services and tools such as downloads, message boards, chat rooms or other community services; (ii) registration for special communications, such as email updates and newsletters; (iii) subscription registration; (iv) purchase products or services from or through the IGN Sites; (v) user surveys; (vi) events, sweepstakes, contests or promotions; and (vii) registration for online multi- or single-player gaming. We may obtain PII from third parties that we consider to be reputable. We also may receive on the IGN Sites user-generated content or information of any type or medium, which may include PII, including but not limited to: audio conversations; text chat and video images from chat rooms; user reviews; and game guide submissions.
Please keep in mind that whenever you voluntarily disclose personal information in public areas of an IGN Site, such as the member home pages and message boards, your information can be viewed and possibly used by others. We advise users to be especially careful in such public areas about disclosing PII, such as full name, home address, or phone number.
Cookies. Cookies are small bits of information that are placed on the hard drive of your computer when you visit the IGN Sites. We may use cookies to recognize users who have already registered for an IGN Site, allowing those users to speed up their future activities on the IGN Sites. Information about your activities on IGN sites and other non-personally identifiable information about you may also be used to tailor the online ads you encounter to those we believe are consistent with your interests.
Third party advertisements displayed on the IGN Sites may also contain cookies set by Internet advertising companies or advertisers. IGN does not control these cookies. You should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the "Notice" section below for more information on third party advertisements.
IGN may use cookies and similar tools to relate your use of the IGN Sites to PII obtained from you or a third party. For example, if you've asked us to provide you with information about our products or promotions, cookie and/or click stream data about your activities on the IGN Sites may allow us to limit the materials we provide you to items we think you will find interesting, based on your prior online activities and preferences. We will not coordinate your PII and web site activity information in this manner without first obtaining your express affirmative consent.
You can set your computer to alert you each time a cookie is being sent or to refuse cookies completely. However, without cookies, you may not have access to certain features on the IGN Sites.
Web beacons. The IGN Sites may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that may be used to assist in delivering or accessing cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
We may also employ Web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. We prohibit Web beacons on our sites from being used by third parties to collect or access your personal information.
Finally, we may work with other companies that advertise on the IGN Sites to place Web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on an IGN site results in a purchase or other action on the advertiser's site.
NOTICE: IGN Will Provide You with Notice About its PII Collection Practices
When you voluntarily provide PII in response to our request or we authorize a third party to collect PII from you on the IGN Sites, we will inform you about who is collecting the information, how and why the information is being collected, and the types of uses IGN will make of the information At the time you provide your PII, IGN will notify you of your options regarding our use of your PII (See "Choice" below). This Policy describes the types of other companies that may want to send you information about their products and services and with whom we may want to share your personal information, as provided in this Policy (See "Use" below).
Sometimes we collect PII from consumers in manual format or off-line, such as a post card or subscription form. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of this Policy and other relevant information from us.
When you sign up with our partners for services such as game hosting, userpages, and other services, you are providing information to the partner offering the service as well as to IGN. Use of your PII by the partner is subject to that partner's privacy policy, and you should carefully read the privacy policy of the partner providing the service before deciding to take advantage of the service.
The IGN Sites may be linked to Internet sites operated by other companies. Some of these third party sites may be co-branded with an IGN or affiliated entity's logo, even though they are not operated or maintained by IGN. The IGN Sites also carry advertisements from other companies. IGN is not responsible for the privacy practices of web sites operated by third parties that are linked to the IGN Sites or for the privacy practices of third party or national Internet advertising companies. Once you've left an IGN Site via such a link or by clicking on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine how they will handle any PII they collect from you.
The IGN Sites may also be linked to sites operated by companies affiliated with IGN (i.e., that are part of the News America Group). Although all News America Group entities adhere to the group's Privacy Principles http://www.newscorp.com/privacy.html, visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Policy.
Some of the advertisements that appear on the IGN Sites are delivered to you by nationalInternet advertising companies such as those listed below. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to the IGN Sites, including information about the ads they display, via a cookie placed on your computer that reads (or approximates) your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please visit:
http://www.doubleclick.com/us/about_doubleclick/privacy/
or
http://www.networkadvertising.org/optout_nonppii.asp.
CHOICE: IGN Will Provide You with Choices About the Use of Your PII
IGN will not use your PII for purposes different from those about which you have been notified, or share your PII with third parties that are not affiliated with IGN, unless you have asked to receive certain information and/or services from third parties or participate in certain third-party programs (such as beta or demos) and have been notified that the fulfillment of such a request requires the sharing of your PII or you have consented to such sharing.
For example, IGN provides game owners/publishers with certain hosted technology and software that enables various game related functionalities, such as online multi- or single-player gaming, on our Sites. If you are not already a registered user of the IGN Sites you may be asked to provide PII in connection with your use of such services. In addition, we may share your PII with game owners/publishers so that they can provide you with the services you have elected to receive. Similarly, IGN may provide downloads of software for, or host play of, pre-release test, or "beta", versions of games as well as partial game demonstrations, trials and full game downloads provided by the owner/publisher. In order to receive or participate in these programs, you may be required to provide PII, which we may provide to the owner/publisher. Any PII that you provide to game owners/publishers will be subject to the game owner's/publisher's privacy policy, and we have no control over the ways that game owners/publishers to whom you provide your PII may use your PII.
USE: IGN's Use of PII
IGN will use your PII in a manner that is consistent with this Policy. If IGN obtains PII from a third party, such as a business partner, our use of that information is governed by this Policy. IGN may use PII in aggregate, anonymous form for research purposes.
We may contact you regarding account status, changes to this Policy, our User Agreement or other terms of use, to confirm your registration, for customer service purposes or for any other business reason related to your use of IGN Sites.
IGN may share your PII with companies that are affiliated with us, that is, are part of the News America Group of companies. Provided you have given us consent, IGN may also share your PII with advertisers and business partners that are not affiliated with IGN, but would like to send you information about their products and services, such as sponsors of promotions or sweepstakes that appear on the IGN sites. We will never share your credit card information with third parties except those IGN uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through web sites.
IGN employees, agents, and contractors are required to have a legitimate business reason to obtain access to your PII. IGN may share your PII with outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses), but they must have agreed only to use your PII to provide IGN with a specific service and not for any other purpose.
IGN may also enter into agreements with outside companies that possess the technology that allows IGN to customize the advertising and marketing messages you receive on the IGN Sites. Your non-PII and click stream data about your activities on our sites may be shared with these companies so this customization can be accomplished. These companies have agreed not to share your information with any third party or use it for any other purpose. Anonymous click stream and demographic information may also be shared with IGN's advertisers and business partners.
IGN automatically updates software used in conjunction with certain of the services available on the IGN Sites. In order to accomplish this, IGN collects information about a user's current version of the software from the user's computer. This information is not archived but is only used to determine which software requires updating.
IGN may record audio conversations or copy text chat or video images from chat rooms on the IGN Sites and may use and therefore disclose such material for use in connection with promoting the IGN Sites. In addition, IGN may collect other user-generated content such as user reviews and game guide submissions to post on our community hub site. Further information regarding user-generated content is available in the IGN User Agreement located at http://corp.ign.com/user-agreement.html.
There may be instances when IGN may disclose PII without providing you with a choice in order to protect the legal rights of IGN, other companies within the News America Group or their employees, agents, and contractors; to protect the safety and security of visitors to our web sites; to investigate, prevent or protect against suspected fraud, illegal activity, violations of our user agreement or for risk management purposes; or to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. In addition, if IGN sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, IGN may transfer your PII to a third party as part of that transaction.
SECURITY: IGN Protects the Security of PII
IGN uses reasonable administrative, technical, personnel, and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure, or modification. Passwords and other sensitive information stored by IGN are encrypted in transit.
Notwithstanding these security measures, please be aware that when you submit PII to the IGN Sites over the Internet, the information may travel over many systems that are not under the IGN's control and may not be secure.
If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. Anyone who has access to your password will have access to your PII, as well as to any credit card information that you have submitted. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.
ACCESS: How to Access, Correct, or Delete Your Preferences Regarding Your PII
To access, correct or update your account or other Personal Information such as your city or interests, please use the "My Account" link on the IGN Site on which you are registered.
If you want to update your email address or stop receiving these types of promotional emails, please follow the procedures to unsubscribe at the bottom of any email we send you. You may unsubscribe from any Premium service for which you have previously elected by following the instructions included in the IGN User Agreement http://corp.ign.com/user-agreement.html.
REMEDIES AND COMPLIANCE: How to Contact IGN About Privacy Concerns
If you have any other questions, comments or complaints about this Policy, please contact us via our online form, available at http://support.ign.com/ or write to us at:
IGN Entertainment, Inc.
Attn: Legal Department/Privacy Administrator
8000 Marina Blvd.
4th Floor
Brisbane, CA 94005
*Be sure to include the specific IGN Site to which you are a member and about which you have a question.