User Guide
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCI-
DENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR
PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMA-
TION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR
IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPA-
NY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSI-
BILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABIL-
ITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE
SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of the United States of America and the State of New York, exclusive
of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA
is New York County, New York and you agree to submit to the Jurisdiction of the courts of New York
County, New York for any such litigation.
MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable,
it will be severed from and in no way affect the validity or enforceability of the remaining provisions of
the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and
its use.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative
works based on the Software (except to the extent expressly permitted in the Editor and End-User
Variation section of this Agreement or other documentation accompanying the Software) or otherwise
commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to
another or over a network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace
the original copy in the event it’s destroyed or becomes defective.
EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations
(an “Editor”), you may use such Editor to create modifications or enhancements to the Software, includ-
ing the construction of new levels (collectively the “Variations”), subject to the following restrictions.
Your Variations: (i) must only work with the full, registered copy of the Software; (ii) must not contain
modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal mate-
rial, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must
not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not
be commercially exploited by you, including but not limited to making such Variations available for sale
or as part of a pay-per-play or timesharing service.
TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the
Software. This EULA will terminate automatically without notice from the Company if you fail to com-
ply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liabili-
ty, remedies and damages will survive termination.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole
risk. The Software and media are supplied “AS IS.” Unless otherwise provided by applicable law, the
Company warrants to the original purchaser of this product that the Software storage medium will be
free from defects in materials and workmanship under normal use for ninety (90) days from the date of
purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplica-
tion. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain
a replacement free of charge if you return the defective Software. Follow the Product Return Procedures
described in the Manual. The Company does not warrant that the Software or its operations or func-
tions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS
WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT
FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUAR-
ANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR
OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
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