Bethesda Quake 4, Xbox 360 Manuel télécharger pdf (Page 10)

16 17

END USER LICENSE AGREEMENT

This is a legal agreement (“Agreement”) between you, the end user (“You”) and ZeniMax Media Inc. through its

division, Bethesda Softworks LLC (“Licensor”). This Agreement is part of a product package (the “Package”) that

includes one or more discs containing one or more Licensor software products (collectively, the “Product”) and

certain electronic and/or written materials (the “Documentation”).

BY CLICKING “I AGREE”, BY INSTALLING THE PRODUCT, OR BY ACCESSING OR USING THE PRODUCT OR

OTHER SOFTWARE, IF ANY, PROVIDED TO YOU IN THE PACKAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ

ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LE-

GALLY BOUND BY THEM. YOU UNDERSTAND THAT, IF YOU PURCHASED THE PACKAGE FROM AN AUTHORIZED

RESELLER OF LICENSOR, NEITHER THE RESELLER NOR ANY OTHER THIRD PARTY IS AN AGENT OF LICEN-

SOR, AND NO SUCH PARTY IS AUTHORIZED TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES,

STATUTORY OR OTHERWISE, ON BEHALF OF LICENSOR, OR TO VARY ANY OF THE TERMS OR CONDITIONS OF

THIS AGREEMENT.

If You do not agree to the terms of this Agreement, promptly return the entire Package (with the unused Product

in their original packaging) to the store where you purchased it for a refund, subject to any applicable return poli-

cies including any limitations and restrictions on returns. All returns must include all packaging, manuals and

other materials provided with the Package.

If You do not agree to the terms of this Agreement, You may not use the Package or any part thereof.

1. LIMITED LICENSE:

Subject to the terms and conditions of this Agreement, You are entitled to use one copy of the Product, in execut-

able form, for Your own personal, non-commercial use. You may not sell or transfer reproductions of the Product

or Documentation, or any other part of the Package to other parties in any way. You agree not to use the Product

in any manner other than its intended use and/or purpose.

2. OWNERSHIP; COPYRIGHT:

You agree and understand that You are provided with LICENSED RIGHTS; nothing herein shall be deemed to be a

transfer of ownership of any software or proprietary materials of Licensor or its licensors. Title to and ownership

of the Package, including the Product (and all parts thereof), the Documentation, and patents, trademarks, copy-

rights and all other intellectual property and other property rights applicable thereto, shall at all times remain

solely and exclusively with Licensor and/or its licensors, and You shall not (nor shall You permit any third party

to) take any action inconsistent with such title or ownership. The Product, the Documentation, and the other

components of the Package are protected by United States copyright and other applicable laws and by interna-

tional treaty provisions. Any rights not expressly granted herein are reserved to Licensor and/or its licensors. You

may not modify or remove any proprietary rights notices of Licensor or any of its licensors.

3. OTHER RESTRICTIONS:

You may not cause or permit the sale, disclosure, copying, renting, licensing, sublicensing, leasing, disseminat-

ing, uploading, downloading, transmitting, or otherwise distributing the Product, the Documentation or any of

the other components of the Package by any means or in any form, without the prior written consent of Licensor.

You may not (and may not permit any third party to) modify, enhance, supplement, create any derivative works

from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the object code form of

any software provided to You to human readable form, or use parts of the software product provided as part of

the Package independently of the Package or of the Product. You may not (and may not permit any third party

to) avoid, circumvent or disable any security mechanism, procedure or protocol, or any copyright protection,

provided or included in connection with the Package or any parts thereof.

You shall not create any new materials using any Product content (“New Material”) that infringe upon the

rights of others, or that are libelous, defamatory, harassing, or threatening. If You distribute or otherwise make

available New Material to others, You automatically grant to Licensor the irrevocable, perpetual, royalty-free,

sublicensable right and license under all applicable copyrights and intellectual property rights laws to use,

reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Material

(or any part of the New Material) in any way Licensor, or its respective designee(s), sees t. You also waive and

agree never to assert against Licensor or its licensees any moral rights or similar rights, however designated,

that You may have in or to any of the New Material. As noted below, if You commit any breach of this Agreement,

Your license and this Agreement shall automatically terminate, without notice.

Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright

and other intellectual property rights laws and treaties, and may subject You to civil and criminal liability.

4. TERMINATION:

This Agreement and the licenses granted under this Agreement are effective until terminated. They shall termi-

nate automatically without notice if You fail to comply with any provision of this Agreement. Upon termination You

shall immediately cease using the Product, and destroy the Product, the Documentation, and the other parts of

the Package, and all copies of any parts thereof.

5. GENERAL:

This Agreement constitutes the entire understanding between Licensor and You with respect to subject matter

hereof. Any change to this Agreement must be in writing, signed by Licensor and You. Terms and conditions as

set forth in any purchase order which differ from, conict with, or are not included in this Agreement, shall not

become part of this Agreement unless specically accepted by an authorized representative of Licensor in writ-

ing. You shall be responsible for and shall pay, and shall reimburse Licensor on request if Licensor is required

to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on Licensor’

net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any

governmental authority on the Package. No waiver of Licensor’ rights shall be effective unless made in a writing

signed by a duly authorized representative of Licensor. You understand that the Product may contain condential

information and/or trade secrets of Licensor; You agree to maintain and protect such condential information

and trade secrets in strictest condence for the benet of Licensor, and not to use or disclose them without

express authorization from Licensor.

All disclaimers of warranty and Sections 2, 3, 5, 6, and 8 shall survive any termination of this Agreement. If any

provision of this Agreement is held to be invalid, unenforceable, or not to be compliant with requirements of local

law that may not be varied by contract, it shall be deemed severed from this Agreement, and deemed replaced

with a substitute provision that retains to the maximum extent possible, the effect, scope and economic benet

of the severed provision consistent with applicable law. All other provisions shall continue in full force and effect.

All notices and demands to Licensor hereunder shall be in writing and shall be served by personal service or by

mail at the address rst set forth in this Agreement (or at such different address as may be designed by Licensor

from time to time by written notice) - Attn: Executive Vice President - Legal. All notices or demands by mail shall

be by certied or registered mail, return receipt requested, or by nationally/internationally recognized express

courier, and shall be deemed complete upon receipt.

6. EXPORT AND IMPORT COMPLIANCE:

You are solely responsible for compliance with the export control laws and regulations of the United States and

Your locality. In the event You export the Product, the Documentation or any other part of the Package from the

country in which You rst received it; You assume the responsibility for compliance with all applicable export and

re-export regulations, as the case may be.

7. SUPPORT SERVICES.

Support services, if any, provided by Licensor shall be subject to the terms of this Agreement and Licensor’ cur-

rent support policies. Licensor provides all support services solely on an “AS IS” basis.

8. GOVERNING LAW; ARBITRATION:

This Agreement and Your use of the Package, and all disputes arising out of or related to this Agreement or the Package (or any

part thereof) shall be governed by, and any arbitration hereunder shall apply, the laws of the State of Maryland, USA, excluding

(a) its conicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the

1974 Convention on the Limitation Period in the International Sale of Goods; and (d) any Protocol amending the 1974 Convention.

Any dispute, controversy or claim arising out of or relating to this Agreement or the Package (or any part thereof), including its

interpretation, performance or termination, shall be nally resolved by arbitration. The arbitration shall be conducted by three

(3) arbitrators, one to be appointed by Licensor, one to be appointed by You and a third being nominated by the two arbitrators

so selected or, if they cannot agree on a third arbitrator, by the President of the American Arbitration Association (“AAA”). The

arbitration shall be conducted in English and in accordance with the then-current arbitration rules of the AAA applicable to the

dispute (such as, for example, the AAA international rules if You are not a United States resident). The arbitration, including the

rendering of the award, shall take place in Rockville, Maryland USA, and Rockville, Maryland USA shall be the exclusive forum

for resolving any such dispute, controversy or claim; however, if You are a resident of the European Community, the arbitration

shall take place in London, England. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of

the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators

determine. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent

jurisdiction. Notwithstanding anything contained in this Paragraph to the contrary, Licensor shall have the right to institute

judicial proceedings against You or anyone acting by, through or under You, in order to enforce Licensor’ rights hereunder through

reformation of contract, specic performance, injunction or similar equitable relief.

1 2 ... 5 6 7 8 9 10 11

Commentaires sur ces manuels

Pas de commentaire

Bethesda Quake 4, Xbox 360 Manuel Page 10

Commentaires sur ces manuels

Produits connexes et manuels pour Jeux vidéo Bethesda Quake 4, Xbox 360