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PROGRAM. This software program, any printed materials, any on-line or electronic document ation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Sigma Team company, and/or its subsidiaries, licensors and/or its suppliers. All use of the Program is gov erned by the terms of the End User License Agreement which is provided below ("L icense"). The Program is solely for use by end users according to the terms of t he License. Any use, reproduction or redistribution of the Program not in accord ance with the terms of the License is expressly prohibited. END USER LICENSE AGREEMENT 1. Limited Use License. Sigma Team company ( "Licensor") hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a ho me, business or portable computer. The Program is licensed not sold. Your licens e confers no title or ownership in the Program. 2. Ownership. All title, ownership rights and intellectual property rights in a nd to the Program and any and all copies thereof (including but not limited to a ny titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musica l compositions, audio-visual effects, methods of operation, moral rights, any re lated documentation, and "applets" incorporated into the Program) are owned by L icensor or its licensors. The Program is protected by the English copyright laws , international copyright treaties and conventions and any other applicable laws . All rights are reserved. The Program may contain certain licensed materials an d Licensor's licensors may act to protect their rights in the event of any viola tion of this Agreement. 3. Responsibilities of End User. A. Subject to the Grant of License herein above, you may not, in whole or in par t, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior conse nt, in writing, of Licensor. B. The Program is licensed to you as a single product. Its component parts may n ot be separated for use on more than one computer. C. You are entitled to use the Program for your own use, but you are not be enti tled to: (i) sell or grant a security interest in or transfer reproductions of the Pro gram to other parties in any way, nor to rent, lease or license the Program to o thers without Licensor's prior written consent; (ii) publish and/or distribute the computer images, sound, files, fonts, grap hics, clipart, animations, photographs, databases or other content of the Progra m (including without limitation, for resale, printed materials for your personal or business use (e.g., flyers and brochures) and on your personal and business website); (iii) use any of the computer images related to identifiable individuals or e ntities in a manner which suggests their association with or endorsement of any product or services ;
BATTLE. LOSS OF GOODWILL. You may terminate t he License at any time by destroying the Program. HAVAS INTERACTIVE. SPECIFICALLY. at its discretio n. you are agreein g to the foregoing and you are representing and warranting that you are not loca ted in. Licensor ma y offer a separate Site License Agreement to permit you to make the Program avai lable for commercial use. however Licensor warrants that the media containing the Program shall be free from defects in material and workmanship under normal use and services and the Program will perform substantially in accordance with the accompanying written materials. notably if t he product is defective. EITHER EXPRESS OR IMPLIED. SUBSIDIARIES. contact Blizzard for details. 6. PROVIDING. Licensor will at its option 1) correct any defe ct. 2) provide you with a product of equal value. ITS PARE NT. but not limited to. WORK STOPPAGE. graphics. business or portable computer.(iv) exploit the Program or any of its parts. use at a cyber cafe. BUT NOT LIMITED TO. THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY O F ANY KIND. INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS OR APPL ICATIONS ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 (3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY COMPRABLE STATUTE IS EXPRESSLY DISCLAIMED. LICENSOR MAKES NO WARRANTIES THAT THE PERFO RMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO. animations. sound files. Termination. downloaded or otherwise exported into (or to a national or resident of) any country to which the United States of America has embargoed goods. OR NON-INFRIN GEMENT. so the above limitation may not apply to you. Limitation of Liability. for a period of ninety (90) days from the da te of your purchase of the Program. 4. By installing the Program. clipart. NEITHER LICENSOR. databases or other content in the Program. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND MANUAL(S). or anyone on the United States Treasury Department's list of Specially Designated National or the United States Treasury Department's Table of Denial Orders. photographs. f onts.NET INCLUDING. The entire risk arising out of use or performance of the Program and Manual(s) remains with you. 7. please refer to the "Technical Support Policy" herein i ncluded. In case you would like to exchange the product or refund you money. for any commercial purpose including. INCLUDING. 5. In such event. COMPUTER FAILURE OR MALFUNCTION.. INC. or a national or resident of any such country or o n any such list. 8. terminate this License in the event that you fail to comply with the terms an d conditions contained herein. provided the recipient agrees to the terms of this License and you agr ee to remove the Program from you home. you must immediately destroy the P rogram. computer images. computer gaming centre or any other location-based site. WITHOUT LIMITATION. In the event that the media proves to be def ective during that time period. Limited Warranty. AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM OR USE OF LICENSOR'S O NLINE GAME NETWORK. You may permanently transfer all of your rights under this License. Program Transfer. OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY P ROCESSING. This License is effective until terminated. Some states/jurisdiction do not allow limitation on duration of an implied warranty. The Program may not be re-exported. Licensor may. Export Controls. AND/OR RECEIVING DATE INFORMATION WITHIN AND BETWEEN CENTU RIES. FITNESS FOR A PARTICULAR PURPOSE. LICENSOR FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPL IANCE OF THE SOFTWARE. THE IMPLIE D WARRANTIES OF MERCHANTABILITY. under the control of. or 3) refund your money. and upon presentation to Licensor of proof of pu rchase of the defective Program. OR ANY AND ALL OTHER COMMERCIAL . D URING OR AFTER THE YEAR 2000.
The License shall be deemed to have been made and executed in England. be available for commercial or professional use of the Product. Some countries do not allow the exclusion or limitation of incidental or consequenti al damages. ex ecuted by both parties. 9.NET. in any ca se. and any o ther communications between Licensor and you including any inconsistent written license agreement or on-line help accompanying the Program. . the technical support will not. The terms and conditions of a paper printed licence eventually accompanying the Program p revail on any terms and condition of a license eventually included in the Progra m and that could appear on screen. 10. either oral or written. in addition to such other remedies as Licensor may otherwise have avail able to it under applicable laws. to appropriate equitable remedies with respect to breaches of this License. such provision will be enforced to the maximum extent permissible and the rema ining portions of this License shall remain in full force and effect. or proof of damages. and therefore y ou agree that Licensor shall be entitled. FURTHER. SOFTWARE OR HARDWARE FAILURES OR AN Y OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. and any dispute arising hereunder shall be resolved in accordance wi th the English law.DAMAGES OR LOSSES. BUT NOT LIMITED TO ISP DISRUPTIONS. Equitable Remedies. This License may be amended. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT LICENSOR CANN OT AND WILL NOT BE RESPONSIBLE FOR ANY INTURRUPTIONS OF SERVICE ON BATTLE. Consequently. You also acknowledge and agree that this License is the complete and exclusi ve statement of the agreement between Licensor and you and that the License supe rsedes any prior or contemporaneous agreement. alteration or modification. STATISTICS OR USER PROFILE INFORMATIO N STORED ON BATTLE. LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS. or allow limitations on how long an implied warranty lasts. Miscellaneous. so above limitations or exclusion may not apply to you. altered or modified only by an instrument in writing. You hereby agree that Licensor would be irreparably dama ged if the terms of this License were not specifically enforced. In the event that any provision of this License shall be held by a court or other tribunal of competent jurisdiction to be unenforceable . ACCOUNTS. TECHNICAL SUPPORT POLICY Attention: The technical support will only be available for private use complyin g with the terms of the End User License Agreement attached to the Product and t o which you have agreed. You hereby acknowledge that you have read and understand the foregoing License a nd agree that the action of installing the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License contained here in.NET IN CLUDING. without bond. other security. specifying such amendment.
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