| Language: |
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 Eidos Interactive Limited ("Eidos" or "we") for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you ("Software Product").
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 THEM PLEASE CLICK AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED 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 LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK UNUSED TOGETHER WITH ITS PACKAGING AND DOCUMENTATION TO THE POINT OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. THE SUPPLIER RESERVES THE RIGHT, WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, TO WITHHOLD SOME OR ALL OF THE REFUND IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY.
1. Technical Support
If you require technical assistance, please refer to the 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 9000222 OR The North American helpline at 415-615-6220.
You will be responsible for all telephone charges.
2. Licence
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 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 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.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Eidos and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
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-licence, 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 or deal in the Software Product or any part thereof in any way.
4. Termination
Without prejudice to any other rights, Eidos 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 of warranties, limitations of liability, remedies, or damages, and Eidos’ proprietary rights shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. Eidos 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.
6. Limited Warranty and Exclusions
6.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect your statutory rights.
Eidos warrants to the original purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of Eidos under this limited warranty will be, at Eidos' sole option, either (a) to return of the
purchase price paid; or (b) to repair or, at Eidos’ option, to replace free of charge the Software Product that does not meet this limited warranty provided you return the original physical medium in its original condition to the point of purchase or Eidos at the address specified in the manual accompanying this Software Product, together with a dated proof of purchase, a statement describing the defects and a return address. Eidos will pay the costs of sending a replacement Software Product to you.
6.2 The limited warranty in paragraph 6.1 above is void and shall not apply to media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer.
6.3 THE LIMITED WARRANTY IN PARAGRAPH 6.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIDOS AND ITS LICENSORS DISCLAIMS ALL OTHER
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, EIDOS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
6.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL EIDOS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, 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 EIDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF EIDOS 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.
6.5 Nothing in this EULA shall limit or exclude Eidos' 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.
6.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
7. Governing Law
7.1 Subject to paragraph 7.2 below, 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 England and Wales, unless and to the extent that the laws 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 in order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.
7.2 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.
7.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. Miscellaneous
8.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
8.2 This EULA constitutes the entire agreement between Eidos 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 authorized representative of Eidos.
===
MICROSOFT DirectX 9.0c
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA")
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS
Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"),
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to them in the applicable OS Product
EULA.
General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA.
Additional Rights and Limitations.
* If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are
reserved by Microsoft.
* If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm
that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions.
* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
* You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft’s prior written approval.
SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE
LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF
MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ("EULA") is a legal agreement between you and Eidos Interactive Limited ("Eidos" or "we") for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you ("Software Product").
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 THEM PLEASE CLICK AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED 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 LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK UNUSED TOGETHER WITH ITS PACKAGING AND DOCUMENTATION TO THE POINT OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. THE SUPPLIER RESERVES THE RIGHT, WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, TO WITHHOLD SOME OR ALL OF THE REFUND IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY.
1. Technical Support
If you require technical assistance, please refer to the 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 9000222 OR The North American helpline at 415-615-6220.
You will be responsible for all telephone charges.
2. Licence
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 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 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.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Eidos and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
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-licence, 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 or deal in the Software Product or any part thereof in any way.
4. Termination
Without prejudice to any other rights, Eidos 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 of warranties, limitations of liability, remedies, or damages, and Eidos’ proprietary rights shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. Eidos 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.
6. Limited Warranty and Exclusions
6.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect your statutory rights.
Eidos warrants to the original purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of Eidos under this limited warranty will be, at Eidos' sole option, either (a) to return of the
purchase price paid; or (b) to repair or, at Eidos’ option, to replace free of charge the Software Product that does not meet this limited warranty provided you return the original physical medium in its original condition to the point of purchase or Eidos at the address specified in the manual accompanying this Software Product, together with a dated proof of purchase, a statement describing the defects and a return address. Eidos will pay the costs of sending a replacement Software Product to you.
6.2 The limited warranty in paragraph 6.1 above is void and shall not apply to media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer.
6.3 THE LIMITED WARRANTY IN PARAGRAPH 6.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIDOS AND ITS LICENSORS DISCLAIMS ALL OTHER
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, EIDOS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
6.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL EIDOS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, 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 EIDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF EIDOS 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.
6.5 Nothing in this EULA shall limit or exclude Eidos' 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.
6.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
7. Governing Law
7.1 Subject to paragraph 7.2 below, 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 England and Wales, unless and to the extent that the laws 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 in order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.
7.2 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.
7.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. Miscellaneous
8.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
8.2 This EULA constitutes the entire agreement between Eidos 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 authorized representative of Eidos.
===
MICROSOFT DirectX 9.0c
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA")
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS
Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"),
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to them in the applicable OS Product
EULA.
General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA.
Additional Rights and Limitations.
* If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are
reserved by Microsoft.
* If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm
that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions.
* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
* You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft’s prior written approval.
SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE
LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF
MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.