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- =============================================================================
- Epic MegaGames, Inc.
- LIMITED USE SOFTWARE LICENSE AGREEMENT
- =============================================================================
- Epic MegaGames, Inc. ("Epic") grants to you, the end user, a limited
- license to install and use this game program, and to use the associated
- information and written materials (collectively the "Game Materials"),
- subject to the terms of this Limited Use Software License Agreement
- ("Agreement"). This is a legal contract between you, the end user, and
- Epic. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE GAME
- PROGRAM.
- IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR
- USE THE GAME PROGRAM, AND YOU MUST RETURN THE GAME AND GAME MATERIALS TO
- EPIC MEGAGAMES IMMEDIATELY.
- 1. Grant of License. Epic hereby grants to you, and you accept, a non-
- exclusive license to use the game program and the computer software
- contained therein in object-code-only form (collectively referred to as
- the "Game"), and the accompanying information and written materials
- (collectively referred to as the "Game Materials"), only as authorized
- in this Agreement. THE GAME MAY BE USED ONLY ON A SINGLE COMPUTER OWNED,
- LEASED, OR OTHERWISE CONTROLLED BY YOU; or in the event of the
- inoperability of that computer, on a backup computer selected by you.
- Neither concurrent use on two or more computers nor use in a local area
- network or other network is authorized without the advance written
- consent of Epic and the payment of additional license fees. You agree
- that you will not assign, sublicense, transfer, pledge, lease, rent, or
- share your rights under this Agreement.
- 2. Copying Prohibited. Except as authorized under this paragraph, NO
- COPIES OF THE GAME OR ANY PORTIONS THEREOF MAY BE MADE BY YOU OR ANY
- PERSON UNDER YOUR AUTHORITY OR CONTROL. Upon downloading or installing
- the Game into your computer, you may make and retain one copy of the
- Game for the purpose of backup in the event that the Game is damaged or
- destroyed. Any such copy of the Game shall include Epic's copyright and
- other proprietary notices.
- 3. Licensor's Rights. You acknowledge and agree that the Game consists
- of proprietary, published and unpublished products of Epic, protected
- under United States copyright law and trade secret laws of general
- applicability, and international treaty provisions. You further
- acknowledge and agree that ALL RIGHT, TITLE, AND INTEREST IN AND TO THE
- GAME ARE AND SHALL REMAIN WITH EPIC. This Agreement does not convey to
- you an interest in or to the Game, but only a limited right of use that
- may be revoked by Epic in accordance with the terms of this Agreement.
- 4. Prohibited Uses. UNDER NO CIRCUMSTANCES SHALL YOU ENGAGE IN, OR
- KNOWINGLY PERMIT OTHERS TO ENGAGE IN, ANY OF THE FOLLOWING WITH RESPECT
- TO THE GAME AND RELATED MATERIALS:
- a. Renting the Game or related materials;
- b. Selling the Game or related materials;
- c. Leasing the Game or related materials;
- d. Offering the Game on a pay-per-play or similar
- basis;
- e. Distributing the Game for money or other
- consideration;
- f. Copying the Game or any portion thereof except as
- permitted above with respect to a single backup
- copy; or
- g. In any manner and through any medium whatsoever
- commercially exploit the Game or use the Game for
- any commercial purpose.
- 5. License Fees. The license fees paid by you are paid in consideration
- of the limited use license granted under this Agreement.
- 6. Term. THIS AGREEMENT IS EFFECTIVE UPON YOUR ACCESSING AND USING THE
- GAME ON YOUR COMPUTER, and shall continue until terminated. You may
- terminate this Agreement at any time by returning the Game and all copies
- thereof and extracts therefrom to Epic. Epic may terminate this Agreement
- upon the breach by you of any term hereof. Upon such termination by Epic,
- you agree to return to Epic the Game and all copies and portions thereof.
- 7. Limited Warranty. Epic warrants, for your benefit alone, that the
- Game and the Game Materials shall, for a period of thirty (30) days from
- the date of commencement of this Agreement (referred to as the Warranty
- Period), be free from defects in material and workmanship. Epic further
- warrants, for your benefit alone, that during the Warranty Period the
- Game shall operate substantially in accordance with the functional
- specifications in the Game Materials. If, during the Warranty Period, a
- defect in the Game appears, you may return the Game to Epic for either
- replacement or, if so elected by Epic, refund of amounts paid by you
- under this Agreement. You agree that the foregoing constitutes your
- sole and exclusive remedy for breach by Epic of any warranties made under
- this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE GAME, AND
- THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND EPIC DISCLAIMS
- ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
- (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
- FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE GAME WILL FUNCTION IN
- CONJUNCTION WITH OR ON ANY COMPUTER HARDWARE OR SOFTWARE NOT EXPRESSLY
- SUPPORTED BY THE GAME AT THE TIME THIS AGREEMENT FIRST BECOMES EFFECTIVE.
- 8. Limitation of Liability. Epic's cumulative liability to you or any
- other party for any loss or damages resulting from any claims, demands,
- or actions arising out of or relating to this Agreement shall not exceed
- the license fee paid to Epic for the use of the Game. In no event shall
- Epic be liable for any indirect, incidental, consequential, special, or
- exemplary damages or lost profits, even if Epic has been advised of the
- possibility of such damages.
- 9. Trademark. The names Epic and Epic MegaGames, as well as the names
- of the Game or Games licensed hereunder, are valuable registered and/or
- unregistered trademarks of Epic. No right, license, or interest to such
- trademark is granted hereunder, and you agree that no such right, license,
- or interest shall be asserted by you with respect to such trademarks.
- 10. Governing Law and Choice of Forum. This Agreement shall be construed
- and governed in accordance with the laws of the State of Virginia, and any
- action brought by either party to this Agreement against the other party
- regarding the subject matter hereof, shall be brought in the United States
- District Court for the Eastern District of Virginia, Alexandria Division,
- unless the parties agree in writing to the adjudication of the dispute by
- another court.
- 11. Costs of Litigation. If any action is brought by either party to
- this Agreement against the other party regarding the subject matter hereof,
- the prevailing party shall be entitled to recover, in addition to any other
- relief granted, reasonable attorney fees and expenses of litigation.
- 12. Severability. Should any term of this Agreement be declared void or
- unenforceable by any court of competent jurisdiction, such declaration
- shall have no effect on the remaining terms hereof.
- 13. No Waiver. The failure of either party to enforce any rights granted
- hereunder or to take action against the other party in the event of any
- breach hereunder shall not be deemed a waiver by that party as to
- subsequent enforcement of rights or subsequent actions in the event of
- future breaches.
- 14. Entire Agreement. This Agreement constitutes the entire Agreement
- between the parties. This Agreement may not be amended or modified except
- in a writing signed by you and Epic.
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