Top 10 Games
Game sites

Ground Control End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING
THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED
SOFTWARE PROGRAM TO THE PLACE OF PURCHASE OR CONTACT VIVENDI UNIVERSAL GAMES
CUSTOMER SERVICE AT (866) 894-0738 FOR A FULL REFUND OF THE PURCHASE PRICE
WITHIN 30 DAYS OF THE ORIGINAL PURCHASE.

This software program and any files that are provided by Sierra Entertainment,
Inc., to you by on-line transmission or otherwise to 'patch,' 'update,' or
modify the software program, as well as any printed materials, on-line or
electronic documentation, and any and all copies and derivative works of such
software program and materials are the copyrighted work of Sierra
Entertainment, Inc. and/or its wholly owned subsidiaries, or its suppliers.
All use of the Program is governed by the terms of the End User License
Agreement which is provided below ("License Agreement"). The Program is solely
for use by end users according to the terms of the License Agreement. Any use,
reproduction or redistribution of the Program not in accordance with the terms
of the License Agreement is expressly prohibited.

END USER LICENSE AGREEMENT

1. Limited Use License. Sierra Entertainment, Inc. ("Sierra") hereby grants,
and by installing the Program you thereby accept, a limited, non-exclusive
license and right to install and use one (1) copy of the Program for your use
on either a home or portable computer. The Program also contains a "Campaign
Editor" (the "Editor") that allows you to create custom levels or other
materials for your personal use in connection with the Program ("New
Materials"). All use of the Editor or any New Materials is subject to this
License Agreement. In addition, the Program has a multi-player capability that
allows users to utilize the Program over the Internet. Use of the Program over
the Internet is subject to your acceptance of a Terms of Use Agreement. Sierra
reserves the right to update, modify or change the Terms of Use Agreement at
any time.

2. Ownership. All title, ownership rights and intellectual property rights in
and to the Program and any and all copies thereof (including but not limited
to any titles, computer code, themes, objects, characters, character names,
stories, dialog, catch phrases, locations, concepts, artwork, animations,
sounds, musical compositions, audio-visual effects, methods of operation,
moral rights, any related documentation, and "applets" incorporated into the
Program) are owned by Sierra or its licensors. The Program is protected by the
copyright laws of the United States, international copyright treaties and
conventions, and other laws. All rights are reserved. The Program contains
certain licensed materials, and Sierra's licensors may protect their rights in
the event of any violation of this Agreement. The Program may access websites
owned, controlled by, or operated by licensed affiliates of Sierra, and
receive patches and/or updates to the Program from these websites. All
patches, updates or other downloadable material used by, or incorporated into,
the Program are the copyrighted property of Sierra, who reserves all rights
therein, and shall be governed by the terms and conditions of this Agreement.

3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not, in whole or in
part, copy, photocopy, reproduce, translate, reverse engineer, derive source
code from, modify, disassemble, decompile, create a source code equivalent
of, create derivative works based on, or remove any proprietary notices or
labels from the Program without the prior consent, in writing, of Sierra.
B. The Program is licensed to you as a single product. Its component parts
may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own use, but you are not
entitled to:
(i) sell, grant a security interest in or transfer reproductions of the
Program to other parties in any way, nor to rent, lease or license the
Program to others without the prior written consent of Sierra;
(ii) exploit the Program or any of its parts for any commercial purpose,
including, but not limited to, use at a cyber café, computer gaming center
or any other location-based site (Sierra may offer a separate Site License
Agreement to permit you to make the Program available for commercial use;
contact Sierra for details);
(iii) use or allow third parties to use the Editor and the New Materials
created thereby for commercial purposes, including, but not limited to,
distribution of New Materials on a stand-alone basis or packaged with
other software or hardware through any and all distribution channels,
including, but not limited to, retail sales and on-line electronic
distribution, without the express written consent of Sierra;
(iv) host or provide matchmaking services for the Program or emulate or
redirect the communication protocols used by Sierra in the network feature
of the Program, through protocol emulation, tunneling, modifying or adding
components to the Program, use of a utility program or any other
techniques now known or hereafter developed, for any purpose, including,
but not limited to, network play over the Internet, network play utilizing
commercial or non-commercial gaming networks, or as part of content
aggregation networks, without the prior written consent of Sierra; and
(v) create or maintain, under any circumstance, more than one simultaneous
connection to any hosting service utilized for on-line play. All such
connections, whether created by the Program or by other tools and
utilities, may only be made through methods and means expressly approved
by Sierra. Under no circumstances may you connect, or create tools that
allow you to connect, to the hosting service's private binary interface or
interfaces other than those explicitly provided by Sierra for public use.

4. Program Transfer. You may permanently transfer all of your rights under
this License Agreement, provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program and any New Materials
from your home or portable computer.

5. Termination. This License Agreement is effective until terminated. You may
terminate the License Agreement at any time by destroying the Program and any
New Materials. Sierra may, at its discretion, terminate this License Agreement
in the event that you fail to comply with the terms and conditions contained
herein. In such event, you must immediately destroy the Program and any New
Materials.

6. Export Controls. The Program may not be re-exported, downloaded or
otherwise exported into (or to a national or resident of) any country to which
the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. By installing the Program, you are agreeing to the foregoing
and you are representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any such list.

7. Customer Service/Technical Support. "Customer Service" as used herein may
be provided to you by Sierra representatives by telephone and/or by electronic
message (e-mail). "Technical Support" may be provided to you by Sierra by
telephone, by electronic message (e-mail), or by posting of information
related to known technical support issues on a website. Unless otherwise
stated in the Program's packaging or in the Program's user manual, nothing
herein shall be construed so as to place a duty upon Sierra to provide
Customer Service or Technical Support via a toll-free telephone number for an
unlimited period of time.

8. Duration of the "On-Line" Component of the Program. This Program contains
an "on-line" component that allows you to utilize the Product over the
Internet utilizing servers and software maintained by Sierra and or its
affiliates. Sierra may, in its sole discretion, provide the servers and
software technology necessary to utilize the "on-line" component of the
Program, or Sierra may license to third parties the right to provide the
servers and software technology necessary to utilize the "on-line" component
of the Program. However, nothing contained herein shall be construed so as to
place an obligation upon Sierra to provide the servers and software technology
necessary to utilize the "on-line" component beyond the time that the Program
is Out of Publication. The term "Out of Publication" as used herein shall mean
that the Program is no longer being manufactured by Sierra.

9. Limited Warranty. Sierra expressly disclaims any warranty for the Program,
Editor and Manual(s). The Program, Editor and Manual(s) are provided "as is"
without warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a
particular purpose, or noninfringement. The entire risk arising out of use or
performance of the Program and Manual(s) remains with the User; however,
Sierra warrants up to and including 90 days from the date of your purchase of
the Program that the media containing the Program shall be free from defects
in material and workmanship. In the event that the media prove to be defective
during that time period, and upon presentation to Sierra of proof of purchase
of the defective Program, Sierra will at its option 1) correct any defect, 2)
provide you with a product of equal or lesser value, or 3) refund your money.
Some states do not allow the exclusion or limitation of implied warranties or
liability for incidental damages, so the above limitations may not apply to
you.

10. Limitation of Liability. NEITHER SIERRA ENTERTAINMENT, INC. NOR ITS
PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR
DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, THE EDITOR OR AN
AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE
PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY
OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, SIERRA
ENTERTAINMENT SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER
CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON AN
AUTHORIZED ON-LINE GAME NETWORK. SIERRA ENTERTAINMENT SHALL NOT BE RESPONSIBLE
FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP
DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY
RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow
the exclusion or limitation of incidental or consequential damages, or allow
limitations on how long an implied warranty lasts, so the above limitations
may not apply.

11. Equitable Remedies. You hereby agree that Sierra would be irreparably
damaged if the terms of this License Agreement were not specifically enforced,
and therefore you agree that Sierra shall be entitled, without bond, other
security, or proof of damages, to appropriate equitable remedies with respect
to breaches of this License Agreement, in addition to such other remedies as
Sierra may otherwise have available to it under applicable laws. In the event
any litigation is brought by either party in connection with this License
Agreement, the prevailing party in such litigation shall be entitled to
recover from the other party all the costs, attorneys' fees and other expenses
incurred by such prevailing party in the litigation.

12. Limitations on License. Nothing in this License Agreement shall preclude
you from making or authorizing the making of another copy or adaptation of the
Program, provided, however, that (1) such new copy or adaptation is created as
an essential step in your utilization of the Program in accordance with the
terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy
or adaptation is for archival purposes ONLY and all archival copies are
destroyed in the event of your Transfer of the Program, the Termination of
this Agreement or other circumstances under which your continued use of the
Program ceases to be rightful.

13. Miscellaneous. This License Agreement shall be deemed to have been made
and executed in the State of California, and any dispute arising hereunder
shall be resolved in accordance with the law of California. You agree that any
claim asserted in any legal proceeding by one of the parties against the other
shall be commenced and maintained in any state or federal court located in the
State of California, County of Los Angeles, having subject matter jurisdiction
with respect to the dispute between the parties. This License Agreement may be
amended, altered or modified only by an instrument in writing, specifying such
amendment, alteration or modification, executed by both parties. In the event
that any provision of this License Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provision will be
enforced to the maximum extent permissible, and the remaining portions of this
License Agreement shall remain in full force and effect. This License
Agreement constitutes and contains the entire agreement between the parties
with respect to the subject matter hereof and supersedes any prior oral or
written agreements.

I hereby acknowledge that I have read and understand the foregoing License
Agreement and agree that the action of installing the Program is an
acknowledgment of my agreement to be bound by the terms and conditions of the
License Agreement contained herein. I also acknowledge and agree that this
License Agreement is the complete and exclusive statement of the agreement
between Sierra and me and that the License Agreement supersedes any prior or
contemporaneous agreement, either oral or written, and any other
communications between Sierra and me.