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Codemasters Limited Software License Agreement


UK License Agreement - PC

THE CODEMASTERS SOFTWARE COMPANY LIMITED SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: THE ACCOMPANYING PROGRAM (WHICH INCLUDES COMPUTER
SOFTWARE PROGRAM, THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC
FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A
LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED.
("CODEMASTERS"). BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU AGREE TO
BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE
PROGRAM AND YOU SHOULD RETURN THE PROGRAM TO THE VENDOR FROM WHICH YOU
OBTAINED THE PROGRAM AND REQUEST A REFUND.

THE PROGRAM is protected by the copyright laws of England, international
copyright treaties and conventions and other laws. The Program is licensed,
and not sold, and this Agreement confers no title or ownership to the Program
or any copy thereof.

1. Limited Use License. Codemasters grants you the non-exclusive,
non-transferable, limited right and license to use one copy of the Program
solely for your personal use on a single computer.
2. Ownership. All intellectual property rights in and to the Program
(including but not limited to video, audio and other content incorporated
therein) and title to any and all copies thereof are owned by Codemasters or
its licensors, and you receive no right or interest therein other than the
limited license in paragraph 1 hereof.

YOU SHALL NOT:

* Copy the Program.
* Sell, rent, lease, license, distribute or otherwise transfer or make
available to any other person the Program, in whole or in part, or use the
Program or any part thereof in any commercial context, including but not
limited to using in a service bureau, "cyber cafe", computer gaming center
or any other commercial location in which multiple users may access the
Program. Codemasters may offer a separate Site License Agreement to permit
you to make the Program available for commercial use; see the contact
information below.
* Reverse engineer, derive source code, modify, decompile, disassemble, or
create derivative works of the Program, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained
on or within the Program.

LIMITED WARRANTY. Codemasters warrants to the original consumer purchaser of
the Program that the recording medium on which the Program is recorded will be
free from defects in material and workmanship for 90 days from the date of
purchase. If the recording medium of a product is found defective within 90
days of original purchase, Codemasters agrees to replace, free of charge, such
product within such period upon its receipt of the Product, postage paid, with
proof of the date of purchase, as long as the Program is still being
manufactured by Codemasters. In the event that the Program is no longer
available, Codemasters retains the right to substitute a similar program of
equal or greater value. This warranty is limited to the recording medium
containing the Program as originally provided by Codemasters and is not
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 WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE
BINDING ON OR OBLIGATE CODEMASTERS.

When returning the Program for warranty replacement please send the original
product disks only in protective packaging and include: (1) a photocopy of
your dated sales receipt; (2) your name and return address typed or clearly
printed; (3) a brief note describing the defect, the problem(s) you
encountered and the system on which you are running the Program.

LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR
MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL,
COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. CODEMASTER'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE
PAID FOR THE LICENSE TO USE THIS PROGRAM. 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 WHICH
VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION. Without prejudice to any other rights of Codemasters, 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 Program and
all of its component parts.

INJUNCTION. Because Codemasters would be irreparably damaged if the terms of
this Agreement were not specifically enforced, you agree that Codemasters
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 Codemasters may otherwise have under
applicable laws.

INDEMNITY. You agree to indemnify, defend and hold Codemasters, its partners,
affiliates, contractors, officers, directors, employees and agents harmless
from all damages, losses and expenses arising directly or indirectly from your
acts and omissions to act in using the Program pursuant to the terms of this
Agreement.

MISCELLANEOUS. This Agreement represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations 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 governed by and construed in
accordance with the laws of England and you consent to the exclusive
jurisdiction of the courts of England.

If you have any questions concerning this license, you may contact Codemasters
at:

The Codemasters Software Company Limited, PO Box 6,
Leamington Spa Warwickshire CV47 2ZT United Kingdom.
Tel +44 1926 814 132, Fax +44 1926 817 595.