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THE CODEMASTERS SOFTWARE COMPANY LIMITED END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE INSTALLING DiRT Rally® (the “Game”)
THE GAME (WHICH INCLUDES THE COMPUTER SOFTWARE PROGRAM, THE ASSOCIATED MEDIA (IF APPLICABLE), ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE GAME (AND SUBJECT TO ANY ADDITIONAL TERMS OF USE APPLICABLE TO SUCH ONLINE MODE AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM (e.g. Steam Subscriber Agreement http://store.steampowered.com/subscriber_agreement/ and Steam Privacy Policy Agreement http://store.steampowered.com/privacy_agreement/ )) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED, A COMPANY REGISTERED IN ENGLAND AND WALES WITH COMPANY NO: 02044132 ("CODEMASTERS"). BY INSTALLING OR OTHERWISE USING THE GAME, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE GAME AND YOU SHOULD NOT INSTALL THE GAME. IF YOU HAVE PURCHASED A PACKAGED PRODUCT VERSION OF THE GAME YOU SHOULD RETURN THE GAME TO THE VENDOR FROM WHICH YOU OBTAINED THE GAME AND REQUEST A REFUND. INSTALLING THE GAME WILL REQUIRE YOU TO SUBSCRIBE FOR A STEAM ® ACCOUNT
IF YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “I ACCEPT” to install the Game and to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “I DO NOT ACCEPT” and a licence will not be granted to you by Codemasters in respect of the Game and you will not be able to install the Game.
THE Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
LIMITED USE LICENSE. Codemasters grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use. For the avoidance of doubt you may install the Game on up to 5 devices (e.g. computer, game console, tablet, mobile or other handheld device or PDA) but it may only be used on one device at a time.
OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
LICENCE RESTRICTIONS:
YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
* Copy the Game except as permitted under this licence and the Steam ® Subscriber Agreement..
* Without a separate, additional license from Codemasters, use the Game or permit the use of the Game ,on more than one computer, game console, handheld device or PDA at the same time.
* Use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Codemasters or in accordance with the Steam ® Subscriber Agreement.
* Make copies of the Game or any part thereof, except that you may make one copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only. For the avoidance of doubt copies of the Game may be made insofar as permitted under the Steam ® Subscriber Agreement.
* Sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game , in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre or any other commercial location in which multiple users may access the Game without the express prior written consent of Codemasters or as permitted under the Steam ® Subsciber Agreement. If required Codemasters may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below. You may permanently transfer all of your rights and obligations under this Agreement to another person for non-commercial use by physically transferring the original Game (e.g. the CD-Rom or DVD you purchased if applicable) all original packaging and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control and that the recipient agrees to the terms of this Agreement.
* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Game.
* Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations.
* Create data or executable programs that mimic data or functionality in the Game.
Furthermore you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
CODEMASTERS MAY REVOKE YOUR LICENSE TO ACCESS EGONET, RACENET, AND/OR THE GAME IF YOU VIOLATE OR ASSIST OTHERS IN VIOLATING, THE LICENSE LIMITATIONS SET FORTH BELOW. YOU AGREE TO ONLY USE EGONET, RACENET AND/OR THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
* Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods.
* Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the software of RaceNet, EGONet, and/or the Game in a manner not expressly authorised by Codemasters.
* Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Codemasters, that can be used in connection with RaceNet, EGONet, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay.
GAME UPDATES AND PATCHES. From time to time Codemasters may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Codemasters may update, patch or modify the Game remotely (or if applicable via the Steam ® platform) and access the Game residing on your machine for such purpose, and you hereby grant to Codemasters the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
DATA COLLECTION – CRASH DUMPS
To provide better information to enable us to determine the cause of issues in the game code and in the event of the operating system/game crashing, Codemasters will automatically collect (following installation and use of the Game) the following data and details:-
• User ID
• Executable version player used
• Game language player used
• Load attempt of corrupt save file (Date/Time)
• Operating System – Windows 32 bit, 64bit, Linux, OSX
• Crash dump itself which includes game information);
By installing the Game you are giving your consent to Codemasters to collect the above and such other information.
LIMITED WARRANTY. Use of the Game and the media on which it is recorded is at your sole risk. Codemasters warrants to the original consumer purchaser of the Game that where the Game is purchased as a packaged product rather than via digital download the recording medium on which the Game is recorded will be free from defects in material and workmanship for 90 days from the date of purchase (the ‘Limited Warranty’). If a defect covered by the Limited Warranty occurs within 90 days of original purchase, Codemasters agrees to replace, free of charge, such packaged product within such period upon its receipt of the packaged product, postage paid, with proof of the date of purchase, as long as the Game is still being manufactured by Codemasters. In the event that the Game is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THE GAME IS PROVIDED ‘AS IS’ AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the packaged product version of the Game for warranty replacement please send the original manual and any other accompanying documentation only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Game.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Codemasters, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘License Restrictions’, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous’ shall survive any termination of this Agreement.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold harmless Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, Codemasters Campus,
Stoneythorpe, Warwickshire, CV47 2DL, United Kingdom.
Tel: +44 1926 816000 Fax: +44 1926 817595
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
IMPORTANT - READ CAREFULLY BEFORE INSTALLING DiRT Rally® (the “Game”)
THE GAME (WHICH INCLUDES THE COMPUTER SOFTWARE PROGRAM, THE ASSOCIATED MEDIA (IF APPLICABLE), ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE GAME (AND SUBJECT TO ANY ADDITIONAL TERMS OF USE APPLICABLE TO SUCH ONLINE MODE AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM (e.g. Steam Subscriber Agreement http://store.steampowered.com/subscriber_agreement/ and Steam Privacy Policy Agreement http://store.steampowered.com/privacy_agreement/ )) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED, A COMPANY REGISTERED IN ENGLAND AND WALES WITH COMPANY NO: 02044132 ("CODEMASTERS"). BY INSTALLING OR OTHERWISE USING THE GAME, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE GAME AND YOU SHOULD NOT INSTALL THE GAME. IF YOU HAVE PURCHASED A PACKAGED PRODUCT VERSION OF THE GAME YOU SHOULD RETURN THE GAME TO THE VENDOR FROM WHICH YOU OBTAINED THE GAME AND REQUEST A REFUND. INSTALLING THE GAME WILL REQUIRE YOU TO SUBSCRIBE FOR A STEAM ® ACCOUNT
IF YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “I ACCEPT” to install the Game and to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “I DO NOT ACCEPT” and a licence will not be granted to you by Codemasters in respect of the Game and you will not be able to install the Game.
THE Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
LIMITED USE LICENSE. Codemasters grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use. For the avoidance of doubt you may install the Game on up to 5 devices (e.g. computer, game console, tablet, mobile or other handheld device or PDA) but it may only be used on one device at a time.
OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
LICENCE RESTRICTIONS:
YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
* Copy the Game except as permitted under this licence and the Steam ® Subscriber Agreement..
* Without a separate, additional license from Codemasters, use the Game or permit the use of the Game ,on more than one computer, game console, handheld device or PDA at the same time.
* Use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Codemasters or in accordance with the Steam ® Subscriber Agreement.
* Make copies of the Game or any part thereof, except that you may make one copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only. For the avoidance of doubt copies of the Game may be made insofar as permitted under the Steam ® Subscriber Agreement.
* Sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game , in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre or any other commercial location in which multiple users may access the Game without the express prior written consent of Codemasters or as permitted under the Steam ® Subsciber Agreement. If required Codemasters may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below. You may permanently transfer all of your rights and obligations under this Agreement to another person for non-commercial use by physically transferring the original Game (e.g. the CD-Rom or DVD you purchased if applicable) all original packaging and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control and that the recipient agrees to the terms of this Agreement.
* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Game.
* Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations.
* Create data or executable programs that mimic data or functionality in the Game.
Furthermore you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
CODEMASTERS MAY REVOKE YOUR LICENSE TO ACCESS EGONET, RACENET, AND/OR THE GAME IF YOU VIOLATE OR ASSIST OTHERS IN VIOLATING, THE LICENSE LIMITATIONS SET FORTH BELOW. YOU AGREE TO ONLY USE EGONET, RACENET AND/OR THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
* Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods.
* Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the software of RaceNet, EGONet, and/or the Game in a manner not expressly authorised by Codemasters.
* Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Codemasters, that can be used in connection with RaceNet, EGONet, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay.
GAME UPDATES AND PATCHES. From time to time Codemasters may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Codemasters may update, patch or modify the Game remotely (or if applicable via the Steam ® platform) and access the Game residing on your machine for such purpose, and you hereby grant to Codemasters the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
DATA COLLECTION – CRASH DUMPS
To provide better information to enable us to determine the cause of issues in the game code and in the event of the operating system/game crashing, Codemasters will automatically collect (following installation and use of the Game) the following data and details:-
• User ID
• Executable version player used
• Game language player used
• Load attempt of corrupt save file (Date/Time)
• Operating System – Windows 32 bit, 64bit, Linux, OSX
• Crash dump itself which includes game information);
By installing the Game you are giving your consent to Codemasters to collect the above and such other information.
LIMITED WARRANTY. Use of the Game and the media on which it is recorded is at your sole risk. Codemasters warrants to the original consumer purchaser of the Game that where the Game is purchased as a packaged product rather than via digital download the recording medium on which the Game is recorded will be free from defects in material and workmanship for 90 days from the date of purchase (the ‘Limited Warranty’). If a defect covered by the Limited Warranty occurs within 90 days of original purchase, Codemasters agrees to replace, free of charge, such packaged product within such period upon its receipt of the packaged product, postage paid, with proof of the date of purchase, as long as the Game is still being manufactured by Codemasters. In the event that the Game is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THE GAME IS PROVIDED ‘AS IS’ AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the packaged product version of the Game for warranty replacement please send the original manual and any other accompanying documentation only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Game.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Codemasters, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘License Restrictions’, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous’ shall survive any termination of this Agreement.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold harmless Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, Codemasters Campus,
Stoneythorpe, Warwickshire, CV47 2DL, United Kingdom.
Tel: +44 1926 816000 Fax: +44 1926 817595
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.