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161 lines
9.5 KiB
161 lines
9.5 KiB
EA TOOLS END USER LICENSE
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Electronic Arts Inc, and its subsidiaries, affiliates and licensors
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(collectively, "EA") grants you a non- transferable non-exclusive license to
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download and/or install and use one copy of the software tool ("Tool") and/or
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materials ("Materials") (collectively the "Tools & Materials") solely for your
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personal noncommercial use in connection with EA's products, in accordance with
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the terms below.
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EA owns all of the rights, title and interest in the Tools & Materials. You may
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not alter any of EA's trademarks or logos, or alter or remove any of EA's
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trademark or copyright notices included in or with the Tools & Materials or
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EA's products. Your right to use Tools & Materials is limited to the license
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grant above, and you may not otherwise copy, display, distribute, perform,
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publish, modify, create works from, or use any of the Tools & Materials.
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Without limiting the preceding sentence, you may not modify, reverse engineer,
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disassemble, license, transfer, distribute, create works from, or sell the
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Tool, or use the Tools & Materials to further any commercial purpose. Without
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limiting the foregoing, you may not use the Tools & Materials to promote
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another product or business, or on any site that operates or promotes a server
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emulator.
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You may include materials created with the Tools & Materials on your personal
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noncommercial website for the noncommercial benefit of the fan community for
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EA's products and provided that if you do so, you must also post the following
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notice on your site on the same web page(s) where those materials are located:
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"This site is not endorsed by or affiliated with Electronic Arts, or its
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licensors. Trademarks are the property of their respective owners. Game
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content and materials copyright Electronic Arts Inc. and its licensors. All
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Rights Reserved." You will not represent that your site is endorsed or
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approved by or affiliated with EA or our licensors or that any other content on
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your site is endorsed or approved by or affiliated with EA or our licensors.
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THESE TOOLS & MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY
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KIND, EXPRESS OR IMPLIED. EA SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS
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FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
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ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN BY YOU
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ENTIRELY AT YOUR OWN RISK. EA DOES NOT WARRANT THAT THESE TOOLS & MATERIALS
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WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER
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TECHNOLOGY.
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EA WILL NOT PROVIDE SUPPORT FOR THESE TOOLS & MATERIALS. PLEASE DO NOT CALL OR
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SEND EMAIL TO EA CUSTOMER SUPPORT REGARDING THESE TOOLS & MATERIALS, AS EA WILL
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NOT BE ABLE TO ANSWER THESE INQUIRIES.
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IN NO EVENT SHALL EA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,
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SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO
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THIS LICENSE EVEN IF EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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EA RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THESE TOOLS &
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MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO ANYONE.
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At EA's request, you agree to defend, indemnify and hold harmless EA from all
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liabilities, claims and expenses, including attorneys' fees, arising from any
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breach of this License by you and/or your use or misuse of the Tools &
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Materials.
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EA may make the Tools & Materials available at its site(s) located in the
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United States and/or Canada and/or the European Union. You are solely
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responsible for knowing and complying with all federal, state, and local laws
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that may apply to your use of Tools & Materials in your own locale. By
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downloading any Tools & Materials, you warrant that you are not located in any
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country, or exporting the Tools & Materials to any person or place, to which
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the United States and/or Canada and/or European Union or its member countries
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has embargoed goods.
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EA may revoke or terminate this license at any time, for any reason or no
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reason, in its sole discretion. Upon termination, you must destroy or return
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to EA all Tools & Materials. This License is governed by United States
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Copyright and California law (without regard to conflicts of law), and is the
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entire agreement between EA and you regarding the Tools & Materials.
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Please type "accept" if you agree to the above terms, or "decline" to
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discontinue. If you decline, you may not use the Tools & Materials.
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---
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SOFTWARE LICENSE AGREEMENT
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The terms of this Software License Agreement (this "Agreement") shall apply to
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all versions, editions, and future updates of PunkBuster software and
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constitute a legal agreement between you (the "Licensee") and Even Balance,
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Inc. (the "Licensor").
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BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS
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CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF
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LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST
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NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
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EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.
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Licensor grants Licensee a non-exclusive and non-transferable license to use
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PunkBuster software only for non-commercial entertainment purposes. Licensee
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may not disassemble, decompile, reverse engineer, redistribute (in any form),
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create derivative works of, or modify PunkBuster software in any way. Licensor
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reserves the right to terminate the license at any time and for any reason, or
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no reason at all, and without notice to licensee. Additionally, upon breach of
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any term of this Agreement, the license granted under this Agreement shall
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automatically terminate without any additional notice to Licensee. Upon
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termination of the license, Licensee shall destroy all copies of PunkBuster
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software in Licensee's possession.
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Licensee acknowledges that PunkBuster software is optional and is not a
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requirement in any respect for using or enjoying games that integrate
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PunkBuster software technology. Licensee also acknowledges and agrees that
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PunkBuster software is self-updating, which means that future updates will,
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from time to time and without any notice, automatically be downloaded and
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installed as a normal and expected function of PunkBuster software. Licensee
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further acknowledges and accepts that PunkBuster software may be considered
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invasive. Licensee understands that PunkBuster software inspects and reports
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information about the computer on which it is installed to other connected
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computers and Licensee agrees to allow PunkBuster software to inspect and
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report such information about the computer on which Licensee installs
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PunkBuster software. Licensee understands and agrees that the information that
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may be inspected and reported by PunkBuster software includes, but is not
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limited to, devices and any files residing on the hard-drive and in the memory
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of the computer on which PunkBuster software is installed. Further, Licensee
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consents to allow PunkBuster software to transfer actual screenshots taken of
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Licensee's computer during the operation of PunkBuster software for possible
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publication. Licensee understands that the purpose and goal of PunkBuster is to
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ensure a cheat-free environment for all participants in online games. Licensee
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agrees that the invasive nature of PunkBuster software is necessary to meet
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this purpose and goal. Licensee agrees that any harm or lack of privacy
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resulting from the installation and use of PunkBuster software is not as
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valuable to Licensee as the potential ability to play interactive online games
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with the benefits afforded by using PunkBuster software.
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Licensee agrees not to export or re-export into any country subject to U.S.
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trade sanctions or to which the U.S. has embargoed goods or to any nationals or
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residents of such countries unless such nationals are permanent residents of a
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country that is not subject either to such sanctions or embargoed goods.
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LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A
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COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.
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This Software License Agreement shall be construed in accordance with and
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governed by the applicable laws of the State of Texas and applicable United
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States federal law. Exclusive venue for all litigation regarding this Agreement
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shall be in Harris County, Texas. Licensee agrees that any portion of this
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Agreement found to be invalid or unenforceable shall be modified, to the extent
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allowed by law, so as to allow for the enforcement of the original intended
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meaning of the portion found to be invalid or unenforceable.
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PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY
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KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF
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DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR
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DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE
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UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC
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REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS
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OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS
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PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER
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INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF
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PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY,
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LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO
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ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE
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OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS
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TERMINATED BY EVENBALANCE, INC. OR LICENSEE.
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This Agreement constitutes the entire agreement between Licensor and Licensee
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and supercedes any prior statements, whether written or oral.
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