path: root/licenses/PREY

LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT

YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY
AND LICENSE AGREEMENT (THE "AGREEMENT") AND THE TERMS SET FORTH
BELOW. THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS
AGREEMENT, THE ACCOMPANYING MANUAL (S), PACKAGING AND OTHER WRITTEN,
ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL
COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE,
INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED
WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH
[TAKE-TWO INTERACTIVE SOFTWARE, INC.] ("LICENSOR").
LICENSE. Subject to this Agreement and its terms and conditions,
LICENSOR hereby grants you the non-exclusive, non-transferable, limited
right and license to use one copy of the Software for your personal use
on a single home or portable computer. The Software is being licensed
to you and you hereby acknowledge that no title or ownership in the
Software is being transferred or assigned and this Agreement should not
be construed as a sale of any rights in the Software. All rights not
specifically granted under this Agreement are reserved by LICENSOR and,
as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this
Software, including, but not limited to, all copyrights, trademarks,
trade secrets, trade names, proprietary rights, patents, titles,
computer codes, audiovisual effects, themes, characters, character
names, stories, dialog, settings, artwork, sounds effects, musical
works, and moral rights. The Software is protected by United States
copyright law and applicable copyright laws and treaties throughout the
world. The Software may not be copied, reproduced or distributed in any
manner or medium, in whole or in part, without prior written consent
from LICENSOR. Any persons copying, reproducing or distributing all or
any portion of the Software in any manner or medium, will be willfully
violating the copyright laws and may be subject to civil and criminal
penalties. Be advised that Copyright violations are subject to
penalties of up to $100,000 per violation. The Software contains
certain licensed materials and LICENSOR's licensors may protect their
rights in the event of any violation of this Agreement.
LICENSE CONDITIONS
You agree not to:
(a) Commercially exploit the Software;
(b) Distribute, lease, license, sell, rent or otherwise transfer or
assign this Software, or any copies of this Software, without the
express prior written consent of LICENSOR;
(c) Make copies of the Software or any part thereof, except for back up
or archival purposes;
(d) Except as otherwise specifically provided by the Software or this
Agreement, use or install the Software (or permit others to do same) on
a network, for on-line use, or on more than one computer, computer
terminal, or workstation at the same time;
(e) Copy the Software onto a hard drive or other storage device and
must run the Software from the included CD-ROM (although the Software
may automatically copy a portion of itself onto your hard drive during
installation in order to run more efficiently);
(f) Use or copy the Software at a computer gaming center or any other
location-based site; provided, that LICENSOR may offer you a separate
site license agreement to make the Software available for commercial
use;.
(g) Reverse engineer, decompile, disassemble or otherwise modify the
Software, in whole or in part;
(h) Remove or modify any proprietary notices or labels contained on or
within the Software; and
(i) Transport, export or re-export (directly or indirectly) 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.
THE SOFTWARE UTILITIES.
The Software may contain a level editor or other similar type tools,
assets and other materials (the "Software Utilities") that permit
you to construct or customize new game levels and other related game
materials for personal use in connection with the Software
("Customized Game Materials"). In the event the Software contains
such Software Utilities, the use of the Software Utilities is subject
to the following additional terms, conditions and restrictions:
(a) All Customized Game Materials created by you are exclusively owned
by LICENSOR and/or its licensors (as the case may be) and you hereby
transfer, assign and convey to LICENSOR all right, title and interest
in and to the Customized Game Materials and LICENSOR and its permitted
licensors may use any Customized Game Materials made publicly available
to you for any purpose whatsoever, including but not limited to for
purposes of advertising and promoting the Software; 
(b) You will not use or permit third parties to use the Software
Utilities and the Customized Game Materials created by you for any
commercial purposes, including but not limited to distributing,
leasing, licensing, renting, selling, or otherwise exploiting,
transferring or assigning the ownership of such Customized Game
Materials;
(c) Customized Game Materials must be distributed solely for free;
provided, that you may contact LICENSOR for a license to commercially
exploit the Customized Game Materials which LICENSOR may grant or deny
in its sole discretion;
(d) Customized Game Materials shall not contain modifications to any
other executable files;
(e) Customized Game Materials must be used alone and can be created if
the Customized Game Materials will be used exclusively in combination
with the commercially released retail version of the Software.
(f) Customized Game Materials cannot contain libelous, defamatory or
other illegal material, material that is scandalous or invades the
rights of privacy or publicity of any third party, or contain any
trademarks, copyright-protected work or other property of third parties
(without a valid license); and
(g) All Customized Game Materials must contain the proper credits to
the authors of the Customized Game Materials and must indicate that
LICENSOR is not the author of the Customized Game Materials with
additional language that "THIS MATERIAL IS NOT MADE, GUARANTEED OR
SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES."
LIMITED WARRANTY: LICENSOR warrants to you (if you are the initial and
original purchaser of the Software) that the original storage medium
holding the Software is free from defects in material and workmanship
under normal use and service for 90 days from the date of purchase. If
for any reason you find a defect in the storage medium during the
warranty period, LICENSOR agrees to replace, free of charge, any
Software discovered to be defective within the warranty period as long
as the Software is currently being manufactured by LICENSOR. If the
Software is no longer available, LICENSOR retains the right to
substitute a similar program of equal or greater value. This warranty
is limited to the storage medium containing the Software as originally
provided by LICENSOR and is not applicable to normal wear and tear.
This warranty shall not be applicable and shall be void if the defect
has arisen through abuse, mistreatment, or neglect. Any implied
warranties prescribed by statute are expressly limited to the 90-day
period described above. 
Except as set forth above, this warranty is in lieu of all other
warranties, whether oral or written, express or implied, including any
other warranty of merchantability, fitness for a particular purpose or
non-infringement, and no other representations or warranties of any
kind shall be binding on LICENSOR.
When returning the Software subject to the limited warranty above,
please send the original Software only to the LICENSOR address
specified below and include: your name and return address; a photocopy
of your dated sales receipt; and a brief note describing the defect and
the system on which you are running the Software.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR
MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY,
LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY
SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR USE OF THE SOFTWARE. SOME
STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
TERMINATION: This Agreement will terminate automatically if you fail to
comply with its terms and conditions. In such event, you must destroy
all copies of the Software and all of its component parts. You can also
end this Agreement by destroying the Software and all copies and
reproductions of the Software and deleting and permanently purging the
Software from any client server or computer on which it has been
installed. 
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation have
been developed entirely at private expense and are provided as
"Commercial Computer Software" or "restricted computer
software." Use, duplication or disclosure by the U.S. Government or a
U.S. Government subcontractor is subject to the restrictions set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Date and Computer
Software clauses in DFARS 252.227-7013 or as set forth in subparagraph
(c)(1) and (2) of the Commercial Computer Software Restricted Rights
clauses at FAR 52.227-19, as applicable. The Contractor/ Manufacturer
is the LICENSOR at the location listed below.
EQUITABLE REMEDIES. You hereby agree that if the terms of this
Agreement are not specifically enforced, LICENSOR will be irreparably
damaged, and therefore you agree that LICENSOR shall be entitled,
without bond, other security, proof of damages, to appropriate
equitable remedies with respect any of this Agreement, in addition to
any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold LICENSOR, its
partners, licensors, affiliates, contractors, officers, directors,
employees and agents harmless from all damages, losses and expenses
arising directly or indirectly from your acts and omissions to act in
using the Software pursuant to the terms of the Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior
agreements and representations between them. It may be amended only by
a writing executed by both parties. If any provision of this Agreement
is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable and the
remaining provisions of this Agreement shall not be affected. This
Agreement shall be construed under New York law as such law is applied
to agreements between New York residents entered into and to be
performed within New York, except as governed by federal law and you
consent to the exclusive jurisdiction of the sate and federal courts in
New York, New York. IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE,
YOU MAY CONTACT IN WRITING [TAKE-TWO INTERACTIVE SOFTWARE, INC.] 
622 BROADWAY, NEW YORK, NY 10012.