LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT, including the Limited Warranty and other special provisions, is a legal agreement between You (either an individual or an entity) and Epic MegaGames, Inc. and/or Gathering of Developers I, Ltd., as the case may be, (collectively, "Owner") regarding this software product. By opening the sealed software packet(s) and/or using the software, You are agreeing to be bound by the terms of this Agreement. If You do not agree to the terms of this agreement, promptly return the unopened software packet(s) and the accompanying items (including any hardware, written materials, and packaging) to the place You obtained them for a full refund. 1. Grant of Non-Exclusive License. This License Agreement permits You to use one copy of the software program(s) included in this package (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required, provided You have a separate license for each computer to which the SOFTWARE is distributed. This license is not a sale of the original SOFTWARE or any copy thereof. 2. Intellectual Property Ownership . Owner retains all right, title and interest to this SOFTWARE and any related documentation, including (but not limited to) all copyrights, trademarks, trade secrets and patents, if applicable. The SOFTWARE is protected by United States copyright law and applicable copyright laws and treaties throughout the World. 3. SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent memory of a computer, You may keep and use the original disk(s) and/or CD-ROM (the "Storage Media") only for backup or archival purposes. 4. Restrictions. Other than as provided specifically in this Agreement, You are not permitted to copy or otherwise reproduce this SOFTWARE; modify or prepare derivative copies based on the SOFTWARE; distribute copies of the SOFTWARE by sale or other transfer of ownership; rent, lease, or lend the SOFTWARE; or to display the SOFTWARE publicly. You are expressly prohibited from transmitting this SOFTWARE electronically or otherwise over the Internet or through any other media or to any other party. You are expressly prohibited from creating, using or selling any unauthorized level packs, add-on packs or sequels based upon or related to the SOFTWARE. You are expressly prohibited from creating, selling or using any unauthorized characters, including without limitation, the replacement or supplement of Jazz Jack Rabbit, Spaz Jack Rabbit or the "hare" with any other character. YOU ARE NOT PERMITTED TO REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying of the SOFTWARE and related documentation not specifically allowed in this Agreement is a violation of this Agreement. 5. Limited Warranty and Warranty Disclaimers. LIMITED WARRANTY. Owner warrants that the original Storage Media holding the SOFTWARE is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. If for any reason You find defects in the Storage Media, You may return the SOFTWARE and all accompanying materials to the place You obtained it for a full refund. CUSTOMER'S REMEDY. Your exclusive remedies, and the entire liability of Owner, shall be (i) replacement of any original Storage Media with the SOFTWARE or (ii) full refund of the price paid for this SOFTWARE. By opening the sealed package and/or using the SOFTWARE, you hereby agree to wave any and all other remedies you may have at law or in equity. Any such remedies you may not wave as a matter of public policy, you hereby assign, or shall assign as they become available, over to Owner. WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH HEREIN, AND EXCEPT FOR WARRANTIES IMPLIED UNDER APPLICABLE LAW, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE PRODUCTS OR ANY COMPONENT PART THEREOF THAT IS COVERED BY THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE DURATION OF THIS LIMITED WARRANTY. OWNER DOES NOT REPRESENT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OTHER THAN THAT SET FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER DOES NOT REPRESENT THAT THE SOFTWARE WILL OPERATE CORRECTLY IN A MULTI-USER ENVIRONMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. 6. LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THIS SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OF EXCLUSION MAY NOT APPLY TO YOU. 7. Product Support and Updates. This SOFTWARE is intended to be user-friendly and product support is not provided by Owner except by independent written agreement. 8. Jurisdiction. Texas laws govern this Agreement, regardless of such State's choice of law principles, with a forum and venue of Dallas County, Texas. 9. Entire Agreement. This Agreement represents the entire agreement between the parties, and supersedes any oral or written communications, proposals, or prior agreements between the parties or any dealers, distributors, agents, or employees. 10. U.S. Government Restricted Rights. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. This provision only applies if the U.S. Government or any of its entities obtains this SOFTWARE either directly or indirectly. Owner created this SOFTWARE exclusively with private funds. Additionally, information contained in this SOFTWARE is a trade secret of Owner for all purposes of the Freedom of Information Act or otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject to limited use as set forth in any contract that may be entered into between the seller and the governmental entity. Owner owns, in all respects, the proprietary data found in the SOFTWARE. U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE with "Restricted Rights" as defined in DFARS 52.227-7013 (also found at 48 C.F.R. ?252.227-7013). Any U.S. Government use, duplication, or disclosure is subject to the restrictions including, but not limited to those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48 C.F.R. ?252.227-7013) that may be amended from time to time. NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice through this Agreement that any use of this SOFTWARE is subject to similar limitations as those stated above, including but not limited to, those stated in Commercial Computer SOFTWARE -- Restricted Rights found in 48 C.F.R. ?*52.227-19, that may also be amended from time to time. Manufacturer is Owner at the location listed below. 11. U.S. Export Laws Prohibitions. By opening this envelope You also agree and confirm that the SOFTWARE and any of the SOFTWARE's direct products are not being and will not be transported, exported or re-exported (directly or indirectly through the Internet or otherwise) into any country forbidden to receive such SOFTWARE by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time. You also agree and confirm that the Owner SOFTWARE will not be used for any purpose that may be restricted by the same laws and regulations. 12. Termination. This Agreement is valid until terminated. This Agreement ceases automat...
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