EULA
EULA
IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE
TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH THIS
AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ONLINE OR
ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. BY
OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE
PROGRAMS INCLUDED WITHIN OR, IF YOU ARE DOWNLOADING THIS PROGRAM FROM AN AUTHORIZED
ACTIVISION ONLINE RESELLER, BY DOWNLOADING, INSTALLING AND/OR USING THIS PROGRAM,
YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION PUBLISHING, INC. AND ITS
AFFILIATES ("ACTIVISION").
LIMITED USE LICENSE. Subject to the conditions described below, Activision grants
you the non-exclusive, non-transferable, limited right and license to install and
use one copy of this Program solely and exclusively for your personal use. All
rights not specifically granted under this Agreement are reserved by Activision
and, as applicable, Activision�s licensors. This Program is licensed, not sold, for
your use. Your license confers no title or ownership in this Program and should not
be construed as a sale of any rights in this Program. This Software License
Agreement shall also apply to any patches or updates you may obtain for the
Program.
LICENSE CONDITIONS.
You shall not:
- Exploit this Program or any of its parts commercially, including but not limited
to use at a cyber cafe, computer gaming center or any other location-based site.
Activision may offer a separate Site License Agreement to permit you to make this
Program available for commercial use; see the contact information below.
- Use this Program, or permit use of this Program, on more than one computer,
computer terminal, or workstation at the same time.
- Make copies of this Program or any part thereof, or make copies of the materials
accompanying this Program.
- Copy this Program onto a hard drive or other storage device except as
specifically permitted herein; you must run this Program from the included CD-ROM
or DVD-ROM (although this Program itself may automatically copy a portion of this
Program onto your hard drive during installation in order to run more
efficiently)unless you are downloading this Program from an authorized Activision
online reseller.
- Use the program, or permit use of this Program, in a network, multi-user
arrangement or remote access arrangement, including any online use, except as
otherwise explicitly provided by this Program.
- Sell, rent, lease, license, distribute or otherwise transfer this Program, or any
copies of this Program, without the express prior written consent of Activision.
- Reverse engineer, derive source code, modify, decompile, disassemble, or create
derivative works of this Program, in whole or in part.
- Hack or modify (or attempt to modify or hack) the Program, or create, develop,
modify, distribute or use any software programs, in order to gain (or allow others
to gain) advantage of this Program in an on-line multiplayer game settings
including but not limited to local area network or any other network play or on the
internet.
- Remove, disable or circumvent any proprietary notices or labels contained on or
within the Program.
- Export or re-export this Program or any copy or adaptation in violation of any
applicable laws or regulations of the United States government.
PROGRAM UTILITIES. This Program may contain certain design, programming and
processing utilities, tools, assets and other resources ("Program Utilities") for
use with this Program that allow you to create customized new game levels and other
related game materials for personal use in connection with the Program ("New Game
Materials"). The use of any Program Utilities is subject to the following
additional license restrictions:
- You agree that, as a condition to your using the Program Utilities, you will not
use or allow third parties to use the Program Utilities and the New Game Materials
created by you for any commercial purposes, including but not limited to selling,
renting, leasing, licensing, distributing, or otherwise transferring the ownership
of such New Game Materials, whether on a stand alone basis or packaged in
combination with the New Game Materials created by others, through any and all
distribution channels, including, without limitation, retail sales and on-line
electronic distribution. You agree not to solicit, initiate or encourage any
proposal or offer from any person or entity to create any New Game Materials for
commercial distribution. You agree to promptly inform Activision in writing of any
instances of your receipt of any such proposal or offer.
- If you decide to make available the use of the New Game Materials created by you
to other gamers, you agree to do so solely without charge.
- New Game Materials shall not contain modifications to any COM, EXE or DLL files
or to any other executable Product files.
- New Game Materials may be created only if such New Game Materials can be used
exclusively in combination with the retail version of the Program. New Game
Materials may not be designed to be used as a stand-alone product.
- New Game Materials must not contain any illegal, obscene or defamatory materials,
materials that infringe rights of privacy and publicity of third parties or
(without appropriate irrevocable licenses granted specifically for that purpose)
any trademarks, copyright-protected works or other properties of third parties.
- All New Game Materials must contain prominent identification at least in any on-
line description and with reasonable duration on the opening screen: (a) the name
and E-mail address of the New Game Materials� creator(s) and (b) the words "THIS
MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."
- All New Game Materials created by you shall be exclusively owned by Activision
and/or its licensors as a derivative work (as such term is described under U.S.
copyright law) of the Program and Activision and its licensors may use any New Game
Materials made publicly available by you for any purpose whatsoever, including but
not limited to, for purpose of advertising and promoting the Program.
LIMITED WARRANTY: Excepting patches, updates and any downloaded content, and this
Program if you are downloading it from an authorized Activision online reseller,
Activision warrants to the original consumer purchaser of this Program that the
recording medium on which the Program is recorded will be free from defects in
material and workmanship for 90 days from the date of purchase. If the recording
medium is found defective within 90 days of original purchase, Activision agrees to
replace, free of charge, any product discovered to be defective within such period
upon its receipt of the Product, postage paid, with proof of the date of purchase,
as long as the Program is still being manufactured by Activision. In the event that
the Program is no longer available, Activision retains the right to substitute a
similar program of equal or greater value. This warranty is limited to the
recording medium containing the Program as originally provided by Activision 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 WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER
REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION.
IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THIS PRODUCT, INCLUDING
DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL
INJURY, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES 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 WHICH VARY
FROM STATE TO STATE.
Except with respect to patches, updates, downloaded content and this Program if you
download it from an authorized Activision online reseller, please refer to Warranty
procedures relating to your country of residence from the lists below. If you
download this Program from an authorized Activision online reseller, please refer
to your authorized Activision online reseller for warranty information and
procedures.
In the U.S.
When returning merchandise for replacement please send the original product disks
only in protective packaging and include:
1. A photocopy of your dated sales receipt
2. Your name and return address, typed or clearly printed
3. A brief note describing the defect, the problem(s) you encountered and the
system on which you are running the product
4. If you are returning the product after the 90-day warranty period, but within
one year after the date of purchase, please include a check or money order for
$10.00 U.S. per CD replacement or $15.00 U.S. per DVD replacement.
Note: Certified mail is recommended.
In Europe:
When returning merchandise for replacement please send the original product disks
only in protective packaging and include:
1. A photocopy of your dated sales receipt
2. Your name and return address, typed or clearly printed
3. A brief note describing the defect, the problem(s) you encountered and the
system on which you are running the product
4. If you are returning the product after the 90-day warranty period, but within
one year after the date of purchase, please include a cheque or money order for
L6.00 sterling per CD replacement or L9.00 sterling per DVD replacement.
Note: Certified mail is recommended.
In Europe send to:
WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd., 3 Roundwood Avenue, Stockley Park, Uxbridge UB11 1AH, United
Kingdom.
Disc Replacement: +44 (0) 870 241 2148
In Australia:
For all Warranty replacements, please return to the store of purchase along with
your receipt or proof of purchase.
If you are returning the software product after the 90-day warranty period, but
within one year after the date of purchase, please contact Activision on 02 9869
0955. Note: No returns will be issued unless you have contacted Activision first.
If an Activision representative advises you that your game is valid for a return,
please return the original software product disc to:
U.S. GOVERNMENT RESTRICTED RIGHTS: The Program 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 Data 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 Activision Publishing, Inc., 3100
Ocean Park Boulevard, Santa Monica, California 90405.
INDEMNITY: You agree to indemnify, defend and hold Activision, its partners,
affiliates, licensors, 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 Product pursuant to the terms of this
Agreement.
-------------------------------
a) Preorders Refund: if you preorder and pay for a GOG game, you can cancel the
preorder and get a full refund as long as we receive a valid request before the
game's full release date on GOG.com.
b) Early Exchange: you can exchange validly purchased GOG content for a replacement
GOG game or video of equal or lower value if your request is made within 30 days of
the original purchase, provided the original GOG content has not been downloaded,
used or streamed. (For GOG content purchased during discount periods, the
discounted price applies.) You can exchange specific GOG content once only. You
can�t exchange GOG content you received as an exchange for other GOG content.
c) Money back guarantee: if you buy any GOG content and have significant technical
issues with it (e.g. there is a major show stopper bug in a game that prevents you
from finishing it), we will give you a full refund if all the following
requirements are met:
(i) You must have genuine significant technical issues with the GOG content.
(ii) You need to contact GOG Customer Support to request the refund within 30 days
of the original purchase (if you received it from a GOG-authorised exchange for
another product, then the 30 day period starts running from the date of exchange).
(iii) GOG Customer Support must have a reasonable time period in which to try to
resolve the issue before they process the refund to you.
d) Withdrawal Right: we give you the right to withdraw from a purchase of GOG
content without charge and for any reason within 30 days after you bought that GOG
content, IF it has not been downloaded, streamed, activated or used in any way
before then. If any of those things happen then your withdrawal right is lost.
7.4 Final sale: a sale is considered final either 30 days after purchase or when
you try to download the GOG content or any additional/bonus content. Once either of
those happens, you no longer will have any return, exchange or refund options
unless you have technical issues covered by paragraph (c) above. Virtual
items/currency and GOG Wallet funds are not covered by this section 7 and we cannot
therefore offer refund, early exchange, money back guarantee or withdrawal rights
regarding them.
Games in Development
7.5 GOG is releasing games that are still in development (such games are referred
to herein as �games in development�). This gives you the opportunity to try out new
and carefully selected games while they are still unfinished. For more information,
see the games in development FAQ.
7.6 Just to be clear, these really are games in development: there may well be
incomplete features or gameplay bugs, errors and other problems. These games might
also never be finished. Ultimately, you have to accept them �as is� without any
liability or additional promises from us or the developer. They are classed as
�betas� under this User Agreement (see section 5 above).
7.7 To help out, we have a special return/refund policy for you: we will refund any
game in development that you want to return, for any reason, within 14 days of its
respective purchase. A few additional points: (a) You will be refunded the original
purchase price at the time of your purchase. (b) If you have gifted the game to
someone else, you will still be able to obtain a refund BUT the gifted game copy
will be disabled. (c) This refund program will be subject to a fair use policy: as
long as you use it reasonably, you should be fine. However, if we believe that you
are acting unreasonably or are abusing the program, then we reserve the right to
refuse to grant you further refunds. (d) This refund replaces all other refund
rights which you might otherwise have (e.g. our �30 day money back guarantee�),
excluding any legally required remedies. (e) A game that comes out of development
within 14 days of your purchase shall become subject to our regular �30 day money
back guarantee�, counting from the date of purchase.
8. VIRTUAL ITEMS AND VIRTUAL CURRENCY
8.1 With certain GOG content you may be able to purchase or acquire virtual items
and/or virtual currency (we�ll call them "Virtual Goods" for short). Virtual Goods
are subject to this Agreement and in particular the following default rules, unless
there are specific rules for that GOG content (which will prevail over these
rules).
8.2 Virtual Goods are digital items only with no cash-value or real world existence
and cannot be �bought�, �sold�, gifted, transferred or redeemed, whether or not for
other Virtual Goods, �real world� money, goods, services or items of monetary
value. Trading Virtual Goods is prohibited (unless you are specifically permitted
to do so). Your right to use any Virtual Goods is limited to a limited,
nonexclusive, non-assignable, non-transferable, non-sublicensable, revocable
licence to use them solely for your personal entertainment and non-commercial use
in the applicable GOG content. You have no property interest or right or title in
any Virtual Goods, which remains the appropriate publisher�s property. Virtual
Goods may be changed, amended or reversed if necessary, including to enforce this
Agreement. If necessary, limits may be placed on the use of Virtual Goods
(including transaction limits and balance amounts).
8.3 The existence of a particular offer for Virtual Goods is not a commitment by us
to maintain or continue to make the Virtual Goods or that offer available in the
future. The scope, variety and type of Virtual Goods that you may obtain can change
and we have the right to manage, modify and remove Virtual Goods if we consider
necessary for the ongoing operation of GOG.com or GOG content or for other
legitimate reasons, in which case we will have no liability to you or anyone for
the exercise of such rights. We will make reasonable efforts to notify you of any
such change and to explain the reason for such change.
9. PATCHES, UPDATES AND CHANGES
9.1 Occasionally we may need to patch or update GOG services or GOG content (for
example to add or remove features or to resolve software bugs). We need these
rights in order to keep GOG.com running efficiently. Our Partners may use GOG
services to roll out patches or updates for applicable GOG content.
10. OWNERSHIP OF GOG.COM AND INTELLECTUAL PROPERTY RIGHTS
10.1 GOG services including (but not limited to) their graphics, computer code,
user interface, look and feel, audio, video, text, layout, databases, data and all
other content, and all legal and exploitation rights regarding them are either
owned by us or we license them from third parties. GOG content is owned by its
developers/publishers and licensed by us. All rights are reserved except as we have
explained in this Agreement. You may not use or exploit any part of the GOG
services or GOG content except as explained in this Agreement.
10.2. GOG respects the intellectual property rights of others. Please read more at
here.
11. RULES FOR USING GOG SERVICES
11.1 Please follow these rules regarding the GOG services and GOG content. Please
read these rules carefully since failure to follow them (particularly those in
relation to cheating) will be considered a material breach of this Agreement, which
could lead to suspension or cancellation of your access to GOG Services. Here are
the rules:
(a) Only use GOG services or GOG content for your personal enjoyment (for example,
don't use them to make money or for political purposes).
(b) Regarding GOG content, what you can do practically (which includes to modify,
merge, distribute, translate, reverse engineer, decompile, disassemble, or create
derivative works of it) depends on what the GOG content rights holder allows you to
do (GOG can�t grant such rights), so please check this with the rights holder
directly (the first thing you should do though is to check if they have a EULA and
if so what it says). We also ask that you make only genuine attempts to improve the
GOG content.
(c) Regarding GOG services (which includes GOG software), unless you have prior GOG
permission please don�t modify, merge, distribute, translate, reverse engineer,
decompile, disassemble, or create derivative works of them � unless you�re allowed
in this Agreement or by the law in your country. We�d like to emphasise that you
are free to contact us for permission to do these things and we will review and
respond to those requests in good faith. More generally, at some point in the
future we want to open client protocols to make it easier for users to work with
GOG data/software without any need for reverse engineering or similar techniques.
(d) Don't hack, harm, grief, interrupt or misuse GOG services or GOG content, GOG
Users or GOG personnel or use them for any similar purpose.
(e) Do not create, use, make available and/or distribute cheats, exploits,
automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts,
trainers, extraction tools or other software that interact with or affect GOG
services in any way (including, without limitation, any unauthorised third party
programs that intercept, emulate, or redirect any communication between GOG or its
partners and GOG services and/or any unauthorised third party programs that collect
information about GOG Services).
(f) Don't interfere with the GOG or third party network software or other software
including via tunnelling, code injection, modifying or changing GOG software, using
any other similar software together with GOG services or GOG content, through
protocol emulation, or through creation or use of private servers regarding GOG
services or GOG content. Do not access or attempt to access areas of GOG.com or GOG
servers that have not been made available to the public.
(g) Don't do or say anything which is or may be considered racist, xenophobic,
sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!
(h) Don�t share, �buy�, �sell�, transfer, gift, lend, steal or misappropriate GOG
accounts. GOG keys/codes can only be gifted or transferred or used in the ways
permitted by GOG.com. If you have any questions or problems, contact customer
support.
(i) We ask you to follow any applicable geographic or regional, language or
location-based restrictions, requirements or rules regarding GOG.
(j) We ask you not to do anything in connection with GOG that infringes any
copyright, trademark, patent, trade secret, privacy, publicity, or other right of
others, such as images, photographs, sound files, text files, graphics files, and
any other material or information.
-------------------------------
========================================
======= Inno Setup License Terms =======
========================================
Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.
Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/