CONFLICT: DESERT STORMTM
LICENCE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ("EULA") is a legal agreement between you and
Square Enix Limited ("Square Enix" or "we") which governs your use of the computer
game software stated above (the "Software Product"), which Software Product
includes computer software owned by Square Enix or its third party
suppliers/licensors and associated media, materials and other documentation
together with any updates to the original game software which are provided to you
or which you may download from any Square Enix web site or other source authorised
by us expressly for such purpose) including such software required in order to
access and/or use any on-line features and functionality which may be associated
with such computer game software. The terms and conditions of this EULA are without
prejudice to any terms and conditions governing your use of any third party
proprietary software product which may be downloaded with this Software Product and
which may be required in order to use certain features of this Software Product,
which use may be subject to and conditional upon your acceptance and observance of
additional third party end user licence agreements.
Copyright and other intellectual property laws and treaties protect this Software
Product. The Software Product is licensed, not sold.
WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF
THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS.
IF YOU AGREE TO BE BOUND BY THIS LICENCE PLEASE CLICK "I ACCEPT" AT THE END OF THIS
EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR COMPUTER. IF
YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE
SOFTWARE PRODUCT WILL NOT BE INSTALLED ONTO YOUR COMPUTER.
BY INSTALLING THIS SOFTWARE PRODUCT AND/OR OTHERWISE USING ALL OR ANY PART OF THIS
SOFTWARE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
1. Technical Support
If you require technical assistance, please refer to any manual accompanying the
Software Product or our web site at http://www.eidos.com, or otherwise contact
either: The European Technical Support helpline on: 0870 600 0182 OR The North
American helpline at 310-846-0345.
You will be responsible for all telephone and connection charges.
IMPORTANT NOTICE CONCERNING PRODUCT ACTIVATION:
Where a CD key or activation code is required to install this Software Product
and/or to access any on-line or multiplayer game play, this cannot be reproduced or
replaced. It is the responsibility of the original purchaser to keep this CD key
or activation code secure. Lost, stolen or damaged CD keys/codes cannot be
replaced.
2. Non-Exclusive Licence
For so long as you are in compliance with the provisions of this EULA, you are
permitted to:
(a) load the Software Product into and use it on a single computer which is under
your custody and control and which meets the specifications referred to in the
manual for your own private and domestic use;
(b) transfer the Software Product from one computer to another provided it is used
on only one computer at any one time and any computer on which it is used is under
your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation)
and the benefit of this EULA to another person provided such person has agreed to
accept the terms of this EULA and you contemporaneously transfer any permitted
copies of the Software Product you may have made to that person or destroy all
copies not transferred. If any transferee does not accept such terms then this EULA
shall automatically terminate. Upon such transfer, you undertake to delete this
Software Product from your computer and the licence granted to you under this EULA
shall automatically and immediately terminate.
2.2 All rights not expressly granted hereunder are, to the extent permitted by
law, reserved to Square Enix and its licensors. Your rights of use under this EULA
are strictly conditional upon your observance of the terms and conditions contained
in this EULA at all times.
3. Restrictions
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of
distribution to one or more other computer(s) on that network or to effect such
distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the
circumstances expressly permitted by applicable law, to rent, lease, sub-license,
loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse
engineer, decompile, disassemble or create derivative works based on the whole or
any part of the Software Product or use, reproduce, distribute, translate,
broadcast, publicly perform, store in a retrieval system or otherwise deal in the
Software Product or any part thereof in any way.
4. Online/multiplayer Features and Functionality
This Software Product may allow services operated by Square Enix and/or its
affiliates or third parties authorised on their behalf to be accessed which allow
users of the Software Product to enjoy certain on-line or multiplayer features and
functionality associated with the Software Product (�Online Features�). These
services and Online Features may, however, require payment of additional fees. In
addition, access to and use of such services/Online Features and other goods or
information made available as part of such services may be subject to completion of
a registration process and acceptance of additional terms and conditions including,
but not limited to, privacy policies governing the use and processing of personally
identifiable information. Importantly, not all purchasers of this Software Product
will be able to register or benefit from such services (including Online Features
associated with the Software Product). These services and Online Features may not
be available in your country, are not guaranteed to be available for any period of
time (and may be subject to suspension or withdrawal at any time) and may, for
example, be subject to age restrictions. An internet connection will be required
to access Online Features. You are responsible for all internet and other
connection charges associated with your access to and use of any Online Features.
5. Usage Data
Without prejudice to paragraph 4 above, we may from time to time during your
gameplay collect non-personally identifiable information about your hardware system
including how you are using the Software Product. This information may also
include your internet protocol (I.P.) address (a numeric number assigned by your
internet service provider to identify your PC). This information may be used not
only to help you play the game on the Software Product over the Internet (where the
Software Product contains Online Features) but also to help us better understand
how our customers are using the game, their behaviour and preferences, so that we
can improve our computer games and services in the future. This information will
not, however, be used to personally identify you without you being aware of it and
without your further, separate consent having been given.
6. In-Game Advertising
The Software Product may incorporate technology (which may be provided by Square
Enix or third party service providers engaged by Square Enix (each a "Dynamic
Advertising Provider")) which enables advertising to be uploaded into the Software
Product on your PC, and changed while the Software Product is being played on-line.
In order that the Dynamic Advertising Provider is able to direct advertising
appropriate to your Software Product and geographic region, as well as to the
correct location within the computer game, certain non-personally identifiable data
and information may be retrieved and retained by the Dynamic Advertising Provider
including your I.P. address, geographic location, in-game position, and information
concerning the appearance of advertising visible during your gameplay (for example,
the length of time an item of advertising was visible, the dimensions of the
advertisements). In addition, the Dynamic Advertising Provider may assign a unique
identification number which is stored on your PC and which is used to monitor and
calculate the number of views of dynamic advertising during gameplay. None of the
information collected for this purpose including the identification number can be
used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside
your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the
technology which serves the provision of dynamic in-game advertising is integrated
within the Software Product. This means that if you do not want to receive dynamic
advertising, you should only play the game when you are not connected to the
Internet.
7. Termination
Without prejudice to any other rights, Square Enix may terminate this EULA
immediately without notice if you fail to comply with the terms and conditions of
this EULA. In the event of termination, you must destroy all copies of the Software
Product and all of its component parts including any Software Product stored on the
hard disk of any computer. All provisions of this EULA relating to disclaimers or
warranties, limitations of liability, remedies, or damages and Square Enix�s
proprietary rights shall survive termination.
8. Ownership
You only own the media on which the Software Product is recorded. Square Enix
and/or its licensors shall at all times retain ownership of the Software Product as
recorded on the media and all subsequent copies regardless of form.
9. Limited Warranty and Exclusions
9.1 THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND ITS LICENSORS
DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT
AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE
FOREGOING, SQUARE ENIX DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR
THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT SQUARE ENIX WILL REPAIR ANY
ERRORS IN THE SOFTWARE PRODUCT. SQUARE ENIX FURTHER DOES NOT WARRANT THAT THE
SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR
MINIMUM TECHNICAL SPECIFICATIONS.
9.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SQUARE ENIX OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF SQUARE ENIX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING
WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or
(B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE
MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SQUARE ENIX AND ITS LICENSORS
UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE
PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT.
9.3 Nothing in this EULA shall limit or exclude Square Enix's liability to you in
negligence for death or personal injury, to the extent such exclusion or limitation
is unlawful, unenforceable or void under any applicable law.
9.4 Some jurisdictions do not permit the warranty disclaimers or limitations on
liability set forth in this paragraph 9. Nothing in this paragraph 9 shall affect
those of your statutory rights which are incapable of exclusion or limitation under
applicable law. Your statutory rights which may vary from state/jurisdiction to
state/jurisdiction.
9.5 You understand that the Software Product may be updated at any time and in
doing so no obligation to provide such updates to you pursuant to this EULA or
otherwise shall arise.
10. Governing Law
10.1 Subject to paragraph 10.2 below, this EULA and any claim or dispute of
whatever nature (including any non-contractual dispute) arising out of or relating
to this EULA shall be governed by, and construed in accordance with, the laws of
England whose courts shall have non-exclusive jurisdiction over all disputes
arising under or in connection with this EULA, unless and to the extent only that
the laws and/or jurisdiction relating to transactions with consumers in a
particular jurisdiction require this EULA to be governed by and construed in
accordance with the laws of such jurisdiction and/or require any dispute relating
to this EULA to be subject to the jurisdiction of a court or other tribunal in such
jurisdiction in order for this EULA to be binding and enforceable, in which event
the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent
so required.
10.2 If you acquired this Software Product in the United States of America this
EULA and any claim or dispute of whatever nature arising out of or relating to this
EULA shall be governed by, and construed in accordance with, the laws of the State
of California, USA and subject to the non-exclusive jurisdiction of the state and
federal courts situated in San Francisco, California, USA.
10.3 The United Nations Convention on Contracts for the International Sale of
Goods shall not apply to this EULA.
11. Miscellaneous
11.1 If you acquired this Software Product in the United States of America, you
will not export or re-export it except as authorised and permitted by the laws and
regulations of the United States of America.
11.2 Without prejudice to paragraph 9.4, this EULA constitutes the entire
agreement between Square Enix and you with respect to the license and use of the
Software Product and supersedes all prior or contemporaneous understandings. No
amendment or modification of this EULA will be binding unless made in writing and
signed by a duly authorised representative of Square Enix.
========================================
== GOG.com End-User License Agreement ==
========================================
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM.
This end user license agreement (this �Agreement�) is a legal agreement between you
(an individual or a single entity �You�) and GOG.com or GOG Limited (�Company�) for
the accompanying software product which includes computer software and any
associated media, printed materials, and/or �online� or electronic documentation
(collectively, the �Program�). By installing, copying, or otherwise using the
Program, you acknowledge that you have read this Agreement and agree to be bound by
the terms. If you do not accept or agree to the terms of this Agreement, do not
install or use the Program.
1.License. Company grants you a non-exclusive, non-transferable license to use the
Program, but retains all property rights in the Program and all copies thereof.
This Program is licensed, not sold, for your personal, non-commercial use. Your
license confers no title or ownership in this Program and should not be construed
as any sale of any rights in this Program. You may not transfer, distribute, rent,
sub-license, or lease the Program or documentation, except as provided herein;
alter, modify, or adapt the Program or documentation, or portions thereof
including, but not limited to, translation, decompiling or disassembling. You
agree not to modify or attempt to reverse engineer, decompile, or disassemble the
Program, except and only to the extent that such activity is expressly permitted
under applicable law notwithstanding this limitation. All rights not expressly
granted under this Agreement are reserved by Company.
2.No Warranty. You are responsible for assessing your own computer and the results
to be obtained therefrom. You expressly agree that use of the Program is at your
sole risk. The Program is provided on an �as is,� �as available� basis, unless
such warranties are legally incapable of exclusion. Company and its licensors
disclaim all warranties and conditions, whether oral or written, express, or
implied, including without limitation any implied warranties or conditions of
merchantability, fitness for a particular purpose, non-infringement of third party
rights, and those arising from a course of dealing or usage of trade, regarding the
Program. Company and its licensors assume no responsibility for any damages
suffered by you, including, but not limited to, loss of data, items or other
materials from errors or other malfunctions caused by Company, its licensors,
licensee and/or subcontractors, or by your or any other participant�s own errors
and/or omissions. Company and its licensors make no warranty with respect to any
related software or hardware used or provided by Company in connection with the
Program except as expressly set forth above.
3.Limitation of Liability. You acknowledge and agree that Company and its
licensors shall not assume or have any liability for any action by Company or its
content providers, other participants, or other licensors with respect to conduct,
communication, or content of the Program. Company and its licensors shall not be
liable for any indirect, incidental, special, punitive, exemplary, or consequential
damages resulting hereunder in any manner, even if advised of the possibility of
such damages. Except as expressly provided herein, Company�s and its licensors�
entire liability to you and your exclusive remedy for any breach of this Agreement
is limited solely to the total amount paid by you for the Program, if any. Because
some states do not allow the exclusion or limitation of liability for certain
damages, in such states Company�s and its licensors� liability is limited to the
extent permitted by law.
4.Indemnity. At Company�s request, you agree to defend, indemnify and hold
harmless Company, its affiliates and licensors from all damages, losses,
liabilities, claims and expenses, including attorneys� fees, arising directly or
indirectly from your acts and omissions to act in using the Program pursuant to the
terms of this Agreement or any breach of this Agreement by you.
5.Termination. Without prejudice to any other rights of Company, this Agreement
and your right to use the Program may automatically terminate without notice from
Company if you fail to comply with any provision of this Agreement or any terms and
conditions associated with the Program. In such event, you must destroy all copies
of this Program and all of its component parts.
6.Injunction. Because Company would be irreparably damaged if the terms of this
Agreement were not specifically enforced, you agree that Company shall be entitled,
without bond, other security or proof of damages, to appropriate equitable remedies
with respect to breaches of this Agreement, in addition to such other remedies as
Company may otherwise have under applicable laws.
7.General Provisions. Company�s failure to enforce at any time any of the
provisions of this Agreement shall in no way be construed to be a present or future
waiver of such provisions, nor in any way affect the right of any party to enforce
each and every such provision thereafter. The express waiver by Company of any
provision, condition or requirement of this Agreement shall not constitute a waiver
of any future obligation to comply with such provision, condition or requirement.
This Agreement shall be governed by the laws of the State of California and the
United States without regard to its conflicts of laws rules and you consent to the
exclusive jurisdiction of the courts in Los Angeles County, California. The United
Nations Convention on Contracts for the International Sale of Goods shall not apply
to this Agreement. This Agreement represents the complete agreement concerning
this License Agreement between you and Company.
========================================
======= 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.
Copyright (C) 1997-2008 Jordan Russell. All rights reserved.
This software is provided "as-is," without any express or implied warranty.
In no event shall the author be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter and redistribute it,
provided that the following conditions are met:
1. All redistributions of source code files must retain all copyright
notices that are currently in place, and this list of conditions without
modification.
2. All redistributions in binary form must retain all occurrences of the
above copyright notice and web site addresses that are currently in
place (for example, in the About boxes).
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.
4. Modified versions in source or binary form must be plainly marked as
such, and must not be misrepresented as being the original software.
Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/
