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License
License
Distributed by ArcadeTown
1. Definitions
"Software" means the game provided by Demand Media (including any and all
photographic and other content contained therein or provided in association
therewith) and all related updates.
2. License
This Agreement allows you, subject to the below restrictions, to: (a) use the
Software for your own non-commercial, personal enjoyment on a single computer for
its intended purposes; (b) make one copy of the Software in machine-readable form
solely for backup purposes if it is intended for download as opposed to online use
only; and (c) use the photographs and other content included with the Software as
part of and with the Software. You must reproduce on any such copy all copyright
notices and any other proprietary legends found on the original. All rights not
expressly granted are reserved.
3. Restrictions
(a) You may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network. You may not
extract or otherwise use any image apart from the Software as it is included
therein. You may not decompile, reverse engineer, disassemble, or otherwise reduce
the Software to a human-perceivable form. You may not modify, sell, rent, transfer,
resell for profit, distribute or create derivative works based upon the Software,
or any part thereof. You may not export or reexport, directly or indirectly, the
Software into any country prohibited by the United States Export Administration Act
and the regulations thereunder.
(b) You may not use the Software to: (i) save on any media, transmit, distribute,
publish or display (other than on the single computer where the Software is
resident); (ii) create derivative works; (iii) infringe upon or violate the
intellectual property, privacy, publicity or other rights of third parties,
including without limitation the rights of any third parties in any photographs,
artwork, literary creations and/or other copyrightable works of any kind or nature;
or (iv) engage in any defamatory or slanderous conduct. All use of the Software
shall be for your personal, non-commercial enjoyment. You hereby agree to defend,
indemnify and hold harmless Demand Media and its parents, subsidiaries, affiliates,
successors, licensees, agents, attorneys, heirs and assigns, and the officers,
directors and employees of the foregoing, from and against any and all third-party
claims, liabilities, costs and expenses (including attorneys' and accountants' fees
reasonably incurred) in connection with any breach or alleged breach by you of any
covenant, representation or other provision of this Agreement, or any of your
obligations hereunder.
4. Ownership
The foregoing license gives you limited rights to use the Software. You do not
become the owner of, and Demand Media and its partners retain title to, the
Software and all copies thereof.
6. Limitation of Damages
(a) NEITHER Demand Media NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF Demand Media OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
(b) The warranty disclaimer, exclusive remedies and limitation of liability set
forth in this Agreement are fundamental elements of the basis of the bargain
between Demand Media and you. You agree that Demand Media would not be able to
provide the Software on an economic basis without such limitations.