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Jazz Jackrabbit license agreement

Feb 25th, 2014
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  1. =============================================================================
  2. Epic MegaGames, Inc.
  3.  
  4. LIMITED USE SOFTWARE LICENSE AGREEMENT
  5. =============================================================================
  6.  
  7. Epic MegaGames, Inc. ("Epic") grants to you, the end user, a limited
  8. license to install and use this game program, and to use the associated
  9. information and written materials (collectively the "Game Materials"),
  10. subject to the terms of this Limited Use Software License Agreement
  11. ("Agreement"). This is a legal contract between you, the end user, and
  12. Epic. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE GAME
  13. PROGRAM.
  14.  
  15. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR
  16. USE THE GAME PROGRAM, AND YOU MUST RETURN THE GAME AND GAME MATERIALS TO
  17. EPIC MEGAGAMES IMMEDIATELY.
  18.  
  19. 1. Grant of License. Epic hereby grants to you, and you accept, a non-
  20. exclusive license to use the game program and the computer software
  21. contained therein in object-code-only form (collectively referred to as
  22. the "Game"), and the accompanying information and written materials
  23. (collectively referred to as the "Game Materials"), only as authorized
  24. in this Agreement. THE GAME MAY BE USED ONLY ON A SINGLE COMPUTER OWNED,
  25. LEASED, OR OTHERWISE CONTROLLED BY YOU; or in the event of the
  26. inoperability of that computer, on a backup computer selected by you.
  27. Neither concurrent use on two or more computers nor use in a local area
  28. network or other network is authorized without the advance written
  29. consent of Epic and the payment of additional license fees. You agree
  30. that you will not assign, sublicense, transfer, pledge, lease, rent, or
  31. share your rights under this Agreement.
  32.  
  33. 2. Copying Prohibited. Except as authorized under this paragraph, NO
  34. COPIES OF THE GAME OR ANY PORTIONS THEREOF MAY BE MADE BY YOU OR ANY
  35. PERSON UNDER YOUR AUTHORITY OR CONTROL. Upon downloading or installing
  36. the Game into your computer, you may make and retain one copy of the
  37. Game for the purpose of backup in the event that the Game is damaged or
  38. destroyed. Any such copy of the Game shall include Epic's copyright and
  39. other proprietary notices.
  40.  
  41. 3. Licensor's Rights. You acknowledge and agree that the Game consists
  42. of proprietary, published and unpublished products of Epic, protected
  43. under United States copyright law and trade secret laws of general
  44. applicability, and international treaty provisions. You further
  45. acknowledge and agree that ALL RIGHT, TITLE, AND INTEREST IN AND TO THE
  46. GAME ARE AND SHALL REMAIN WITH EPIC. This Agreement does not convey to
  47. you an interest in or to the Game, but only a limited right of use that
  48. may be revoked by Epic in accordance with the terms of this Agreement.
  49.  
  50. 4. Prohibited Uses. UNDER NO CIRCUMSTANCES SHALL YOU ENGAGE IN, OR
  51. KNOWINGLY PERMIT OTHERS TO ENGAGE IN, ANY OF THE FOLLOWING WITH RESPECT
  52. TO THE GAME AND RELATED MATERIALS:
  53.  
  54. a. Renting the Game or related materials;
  55. b. Selling the Game or related materials;
  56. c. Leasing the Game or related materials;
  57. d. Offering the Game on a pay-per-play or similar
  58. basis;
  59. e. Distributing the Game for money or other
  60. consideration;
  61. f. Copying the Game or any portion thereof except as
  62. permitted above with respect to a single backup
  63. copy; or
  64. g. In any manner and through any medium whatsoever
  65. commercially exploit the Game or use the Game for
  66. any commercial purpose.
  67.  
  68. 5. License Fees. The license fees paid by you are paid in consideration
  69. of the limited use license granted under this Agreement.
  70.  
  71. 6. Term. THIS AGREEMENT IS EFFECTIVE UPON YOUR ACCESSING AND USING THE
  72. GAME ON YOUR COMPUTER, and shall continue until terminated. You may
  73. terminate this Agreement at any time by returning the Game and all copies
  74. thereof and extracts therefrom to Epic. Epic may terminate this Agreement
  75. upon the breach by you of any term hereof. Upon such termination by Epic,
  76. you agree to return to Epic the Game and all copies and portions thereof.
  77.  
  78. 7. Limited Warranty. Epic warrants, for your benefit alone, that the
  79. Game and the Game Materials shall, for a period of thirty (30) days from
  80. the date of commencement of this Agreement (referred to as the Warranty
  81. Period), be free from defects in material and workmanship. Epic further
  82. warrants, for your benefit alone, that during the Warranty Period the
  83. Game shall operate substantially in accordance with the functional
  84. specifications in the Game Materials. If, during the Warranty Period, a
  85. defect in the Game appears, you may return the Game to Epic for either
  86. replacement or, if so elected by Epic, refund of amounts paid by you
  87. under this Agreement. You agree that the foregoing constitutes your
  88. sole and exclusive remedy for breach by Epic of any warranties made under
  89. this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE GAME, AND
  90. THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND EPIC DISCLAIMS
  91. ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
  92. (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
  93. FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE GAME WILL FUNCTION IN
  94. CONJUNCTION WITH OR ON ANY COMPUTER HARDWARE OR SOFTWARE NOT EXPRESSLY
  95. SUPPORTED BY THE GAME AT THE TIME THIS AGREEMENT FIRST BECOMES EFFECTIVE.
  96.  
  97. 8. Limitation of Liability. Epic's cumulative liability to you or any
  98. other party for any loss or damages resulting from any claims, demands,
  99. or actions arising out of or relating to this Agreement shall not exceed
  100. the license fee paid to Epic for the use of the Game. In no event shall
  101. Epic be liable for any indirect, incidental, consequential, special, or
  102. exemplary damages or lost profits, even if Epic has been advised of the
  103. possibility of such damages.
  104.  
  105. 9. Trademark. The names Epic and Epic MegaGames, as well as the names
  106. of the Game or Games licensed hereunder, are valuable registered and/or
  107. unregistered trademarks of Epic. No right, license, or interest to such
  108. trademark is granted hereunder, and you agree that no such right, license,
  109. or interest shall be asserted by you with respect to such trademarks.
  110.  
  111. 10. Governing Law and Choice of Forum. This Agreement shall be construed
  112. and governed in accordance with the laws of the State of Virginia, and any
  113. action brought by either party to this Agreement against the other party
  114. regarding the subject matter hereof, shall be brought in the United States
  115. District Court for the Eastern District of Virginia, Alexandria Division,
  116. unless the parties agree in writing to the adjudication of the dispute by
  117. another court.
  118.  
  119. 11. Costs of Litigation. If any action is brought by either party to
  120. this Agreement against the other party regarding the subject matter hereof,
  121. the prevailing party shall be entitled to recover, in addition to any other
  122. relief granted, reasonable attorney fees and expenses of litigation.
  123.  
  124. 12. Severability. Should any term of this Agreement be declared void or
  125. unenforceable by any court of competent jurisdiction, such declaration
  126. shall have no effect on the remaining terms hereof.
  127.  
  128. 13. No Waiver. The failure of either party to enforce any rights granted
  129. hereunder or to take action against the other party in the event of any
  130. breach hereunder shall not be deemed a waiver by that party as to
  131. subsequent enforcement of rights or subsequent actions in the event of
  132. future breaches.
  133.  
  134. 14. Entire Agreement. This Agreement constitutes the entire Agreement
  135. between the parties. This Agreement may not be amended or modified except
  136. in a writing signed by you and Epic.
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