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You should carefully read the following end user license
agreement before installing this software program. By
installing, copying, or otherwise using the software program,
you agree to be bound by the terms of this agreement. If you
do not agree to the terms of this agreement, you should
contact your place of purchase regarding its return policy
for the applicable Savage product.
This software program including any and all subsequent
patches (the "Program"), any printed materials, any online, or
electronic documentation, and any and all copies and derivative
works of such software program and materials are the
copyrighted work of iGames Publishing, LLC.. All use of the
program is governed by the terms of the End User License
Agreement which is provided below ("License Agreement"). The
Program is solely for use by end users according to the terms
of the License Agreement. Any use, reproduction, or
redistribution of the Program not in accordance with the terms
of the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. iGames Publishing ("iGames") hereby
grants, and by installing the Program you thereby accept, a
limited, non-exclusive license and right to install and use
one (1) copy of the Program for your use on a home, business,
or portable computer. The Program also contains a "Level
Editor" (the "Editor") that allows you to create custom levels
or other materials for your personal use in connection with
the Program ("New Materials"). All use of the Editor or any New
Materials is subject to this License Agreement.
2. Ownership. All title, ownership rights, and intellectual
property rights in and to the Program and any and all copies
thereof (including, but not limited to any titles, computer
code, themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, any related documentation
and "applets" incorporated in the Program) are owned by iGames
Publishing, or its licensors. The Program is protected by
copyright laws of the United States, international copyright
treaties, and conventions, and other laws. All rights are
reserved.
3. Responsibilities of End User.
3.a. Subject to the Grant of License hereinabove, you may
not, in whole or in part, copy, photocopy, reproduce, sublicense,
translate, reverse engineer, derive source code, modify,
disassemble, decompile, create a source code equivalent, create
derivative works based on the Program, or remove any
proprietary notices or labels on the Program, or allow others to
do so, without the prior consent, in writing of iGames.
3.b. The Program is licensed to you as a single product.
Its component parts may not be separated for use on
more than one computer.
3.c. You are entitled to use the Program for your own use,
but you are not entitled to:
3.c.i Sell, grant a security interest in, or transfer
reproductions of the Program to other parties in
any way, nor to rent, lease, or license the
Program to others without the prior written
consent of iGames;
3.c.ii Exploit the Program or any of its parts for any
commercial purpose including, but not limited to,
use at a cyber cafe, computer gaming center, or
any other location based site. iGames may offer
a separate Site License Agreement to permit you
to make the Program available for commercial use;
contact iGames for details;
3.c.iii Use or allow third parties to use the Editor and
New Materials created thereby for commercial
purposes including, but not limited to,
distribution of New Materials on a stand-alone
basis or packaged with other software or hardware
through any and all distribution channels,
including, but not limited to, retail sales and
online electronic distribution without the
express written consent of iGames;
4. Program Transfer. You may permanently transfer all of your
rights under this License Agreement, provided the recipient agrees
to the terms of this License Agreement and you agree to remove the
Program and any New Materials from you home, business, or portable
computer.
5. Termination. This License Agreement is effective until
terminated. You may terminate the License Agreement at any time by
destroying the Program and any New Materials. iGames may, at its
discretion, terminate this License Agreement in the event that you
fail to comply with the terms and conditions contained herein. In
such event, you must immediately destroy the Program and any New
Materials.
6. Export Controls. The Program may not be re-exported,
downloaded, or otherwise exported into (or to a nation al or
resident of) any country to which the U.S. has embargoed goods, or
to anyone on the U.S. Treasury Department's list of the Specially
Designated Nationals or the U.S. Commerce Department's Table of
Denial Orders. By installing the Program, you are agreeing to the
foregoing, and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
7. Customer Service/Technical Support. "Customer Service" as used
herein may be provided to you by iGames representatives by telephone
and/or by electronic message (e-mail). "Technical Support" may be
provided to you by iGames by telephone, electronic message (e-mail),
or by posting of information related to known technical support
issues on a web site. Unless otherwise stated in the Program's
packaging or in the Program's user manual, nothing herein shall be
construed so as to place a duty on iGames to provide Customer
Service or Technical Support via a toll-free telephone number for an
unlimited period of time.
8. "Online" Components of the Program. This Program contains an
"online" component that allows you to utilize the Product over the
Internet utilizing servers and software maintained or authorized by
iGames. iGames agrees to provide the servers and software technology
necessary to utilize the "online" component of the Program in
accordance with this End User License Agreement and with the Terms of
Use that you must accept prior to playing on iGames' Internet gaming
service.
9. Limited Warranty. iGames expressly disclaims any warranty for
the Program, Editor, and Manual(s). The Program, Editor, and
Manual(s) are provide "as is" without warranty of any kind, wither
express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or
noninfringement. The entire risk arising out of use or performance
of the Program, Editor, and Manual(s) remains with the User;
however, IGames warrants up to and including ninety (90) days from
the date of your purchase of the Program that the media containing
the Program shall be free from defects in material and workmanship.
In the event that the media prove to be defective during that time
period, and upon presentation to iGames of proof of purchase of the
defective Program, iGames will at its option 1) correct any defect,
2) provide you with a product of equal or lesser value, or 3) refund
your money. Some states do not allow the exclusion or limitation of
implied warranties or liability for incidental damages, so the above
limitations may not apply to you.
10. Limitation of Liability. Neither iGames, S2 Games, its parent,
or affiliates shall be liable in any way for loss or damage of any
kind resulting from the use of the program, the editor, the online
network, or other online provider authorized by iGames, including,
but not limited to, loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or
losses. Any warranty against infringement that may be provided in
section 2-312(3) of the uniform commercial code and/or in any other
comparable state statute is expressly disclaimed. Further, iGames
shall not be liable in any way for the loss or damage to accounts,
statistics, or user profile information stored online. iGames shall
not be responsible for any interruptions of service on the online
provider authorized by iGames including, but not limited to, ISP
disruptions, software or hardware failures, or any other event which
may result in a loss of data or disruption of service. Some states
do not allow the exclusion or limitation of incidental or
consequential damages, or allow limitation s on how long an implied
warranty lasts, so the above limitations may not apply.
11. Equitable Remedies. You hereby agree the iGames would be
irreparable damaged if the terms of this License Agreement were not
specifically enforced, and therefore you agree that iGames shall be
entitled, without bond, other security, or proof of damages, to
appropriate equitable remedies with respect to breaches of this
License Agreement, in addition to such other remedies as iGames may
otherwise have available to it under applicable laws. In the event
any litigation is brought by either party in connection with this
License Agreement, the prevailing party in such litigation shall be
entitled to recover from the other party all the costs, attorneys'
fees and other expenses incurred by such prevailing party in the
litigation.
12. Limitations on License. Nothing in this License Agreement shall
preclude you from making or authorizing the making of another copy
or adaptation of the Program provided, however, that (1) such new
copy or adaptation is created as an essential step in your
utilization of the Program in accordance with the terms of this
License Agreement and for NO OTHER PURPOSE; or (2) such new copy or
adaptation is for archival purposes ONLY and all archival copies
are destroyed in the event of your Transfer of the Program, the
Termination of this Agreement, or other circumstances under which
your continued use of the Program ceases to be rightful.
13. Miscellaneous. This License Agreement shall be deemed to have
been made and executed in the State of Michigan, and any dispute
arising hereunder shall be resolved in accordance with the law of
Michigan. You agree that any claim asserted in any legal
proceeding by one of the parties against the other shall be
commenced and maintained in any state or federal court located in
the State of Michigan, County of Kalamazoo, having subject matter
jurisdiction with respect to the dispute between the parties. This
License Agreement may be amended, altered, or modified only by an
instrument in writing, specifying such amendment, alteration, or
modification, executed by both parties. In the event that any
provision of this License Agreement shall be held by a court or
other tribunal of competent jurisdiction to be unenforceable, such
provision will be enforced to the maximum extent permissible, and
the remaining portions of this License Agreement shall remain in
full force and effect. This License Agreement constitutes and
contains the entire agreement between the parties with respect to
the subject matter hereof and supersedes any prior oral or written
agreements.
I hereby acknowledge that I have read and understand the
foregoing License Agreement and agree that the action of
installing the Program is an acknowledgement of my agreement to be
bound by the terms and conditions of the License Agreement
contained herein. I also acknowledge and agree that this License
Agreement is the complete and exclusive statement of the agreement
between iGames and me and that the License Agreement supersedes
any prior or contemporaneous agreement, wither oral or written,
and any other communications between iGames and me.
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