You are on page 1of 2

POPCAP GAMES END USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE: This PopCap

End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PopCap Games, Inc. ("PopCap") for the PopCap software product "Zuma Deluxe", which includes computer software and associated documentation ("Software"). The Software also includes any updates and supplements to the original Software provided to you by PopCap. Any product provided along with the Software that is associated with a separate end-user li cense agreement is licensed to you under the terms of that license agreement. B y installing, copying, downloading, accessing or otherwise using the Software, y ou agree to be bound by the terms of this EULA. If you do not agree to the term s of this EULA: (i) do not use or install the Software, and (ii) if you have pur chased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund. SOFTWARE LICENSE The Software is confidential and protected by copyright laws and international c opyright treaties, as well as other intellectual property laws and treaties. Th e Software is licensed, not sold. GRANT OF LICENSE. This EULA grants you a non-exclusive, non-transferable and no n-sublicenseable license to install and use a copy of the Software for your pers onal non-commercial home entertainment use on one personal computer or personal digital assistant. OTHER RIGHTS AND LIMITATIONS. * No Commercial Use. You may not use the Software for any commercial purpose, i ncluding: a) distribution (electronically or otherwise); b) resale; c) rental; d) lease; e) display; or f) offering on a pay-per-play, coin-op or other for charge basis. * Limitations on Reverse Engineering, Decompilation and Disassembly. The Softwa re in both object code and source code form includes valuable trade secret info rmation of PopCap. You may not make any copies of the Software beyond the numbe r necessary to exercise your license rights in the Software, and shall not provi de copies of the Software to any third party. You may not reverse engineer, dec ompile, or disassemble the Software or otherwise attempt to gain access to the s ource code for the Software. * Transfer. You may not rent, lease, sell, sublicense, lend or otherwise transf er or assign your rights or obligations under this EULA to any person or entity. * Reservation of Rights. PopCap reserves all rights not expressly granted under this EULA. TERMINATION. Either party may terminate this license at any time by giving noti ce of such termination to the other. PopCap may satisfy this notice requirement by publishing a notice of termination on the PopCap website, which exists on th e "World Wide Web" at the address http://www.popcap.com. Upon Termination of th is EULA for any reason, you will cease using the Software and will destroy all c opies of the Software in your possession or control. COPIES. PopCap and its suppliers retain all ownership of the Software and all c opies thereof. Except as expressly provided in this EULA, you may not make copi es of the Software, except as reasonably necessary to run, install or use the So

ftware in accordance with the uses for which you have been granted this EULA. EXPORT. You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, e xcept in accordance with all applicable U.S. export restrictions. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is commercial computer software and documentation developed exclusively at private expense, and in all respects is proprietary data belonging solely to PopCap. If the Software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, purs uant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.72 02) the Government's right to use, reproduce or disclose the Software is subject to the restrictions of this EULA. If the Software is acquired by or on behalf of civilian agencies of the United States Government, then, pursuant to FAR Sec tion 12.212 and its successors (48 C.F.R. 12.212), the Government's right to use , reproduce or disclose the Software is subject to the restrictions of this EULA . GOVERNING LAW AND VENUE. This EULA is governed by the laws of the State of Wash ington, USA, excluding its conflict of laws rules, and specifically excludes the United Nations Convention on Contracts for the International Sale of Goods. In any action or suit to enforce any right or remedy under this EULA or to interpr et any provision of this EULA, the courts of the State of Washington shall have exclusive jurisdiction over any such suit or action, and you hereby agree to sub mit to the jurisdiction of such courts. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Po pCap with respect to the Software, and replaces all other agreements or represen tations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the EULA, and c an only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the max imum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this EULA is in English. If it is translated i nto another language, the English language version shall prevail. NO WARRANTY. LICENSOR AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRAN TIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. LICENS OR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR T HAT ACCESS TO THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE PR ODUCT IS "AS IS," AND "AT YOUR OWN RISK." LIMITATION OF LIABILITY. POPCAP AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SP ECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITA TION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTI ON, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF POPCAP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . IN ANY CASE, THE ENTIRE LIABILITY OF POPCAP AND ITS SUPPLIERS UNDER THIS AGRE EMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU F OR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NO T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Zuma Deluxe (c) 2003 PopCap Games. All other copyrights and trademarks are prop erty of their respective owners. All Rights Reserved.

You might also like