User Guide

otherwise violate such laws or regulations, that may be amended from time to
time.
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 war-
ranties of any kind shall be binding on LICENSOR.
When returning the Software subject to the limited warranty above, please send the orig-
inal 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 CONSE-
QUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF
THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COM-
PUTER 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 perma-
nently 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 restric-
tions 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 list-
ed 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, licen-
sors, affiliates, contractors, officers, directors, employees and agents harmless from
all damages, losses and expenses arising directly or indirectly from your acts and
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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 representa-
tions 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 gov-
erned by federal law and you consent to the exclusive jurisdiction of the sate and fed-
eral 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.
WARRANTY
2K Games, a division of Take-Two Interactive Software, Inc., warrants to the pur-
chaser only that the disc provided with this manual and the software program
coded on it will perform in accordance with the description in this manual when
used with the specified equipment, for a period of 90 days from the date of pur-
chase.
If this program is found to be defective within 90 days of purchase, it will be replaced.
Simply return the disc to 2K Games or its authorized dealer along with a dated proof
of purchase. Replacement of the disc, free of charge to the original purchaser (except
for the cost to return the disc) is the full extent of our liability.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR
WRITTEN, EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING
THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IF
APPLICABLE ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PUR-
CHASE OF THIS PRODUCT.
2K Games shall not be liable for incidental and/or consequential damages for the
breach of any express or implied warranty including damage to property and, to the
extent permitted by law, damage for personal injury, even if 2K Games has been
advised of the possibility of such damages. Some states do not allow the exclusion
or limitation of any incidental or consequential damages or limitations on how long
an implied warranty lasts, so the above limitations or exclusions may not apply to
you. This warranty shall not be applicable to the extent that any provision of this war-
ranty is prohibited by any federal, state, or municipal law, which cannot be pre-empt-
ed. This warranty gives you specific legal rights and may also have other rights, which
may vary from state to state.
You may not reproduce, prepare derivative work based on, distribute copies of, offer for
sale, sell, transfer ownership of, rent, lease, or lend to others the Program or accom-
panying documentation, or any portion or component of the Program or accompanying
documentation; provided, however, that you may transfer the entire Program and
accompanying documentation on a permanent basis as long as you retain no copies
(including archival or backup copies) of the Program, accompanying documentation, or
any portion or component of the Program accompanying documentation, and the
receipt agrees to the terms of the agreement. Further you may not modify, reverse engi-
neer, disassemble, decompile or translate the Program or accompanying documenta-
tion, or any portion or component of the Program or accompanying documentation, nor
may you make any copies of the Program modules for use with other programs. This
program is intended for private use only.
2K GAMES, 575 BROADWAY, NEW YORK, NY 10012
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