Massive Assault Network distribution permissions and end-user license agreement
ELECTRONIC END USER LICENSE AGREEMENT VERSION 2004a
FOR MASSIVE ASSAULT NETWORK (MAN)
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Wargaming.Net ("WN") End User License Agreement accompanies the MAN product and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by WN.
Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software. Upon your acceptance of this Agreement, WN grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.
2. The Software is owned by WN and its suppliers, and its structure, organization and code are the valuable trade secrets of WN and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner`s name. Such use of any trademark does not give you any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights in the Software.
3. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not otherwise alter or modify the installer program or create a new installer for the Software. The Software is licensed and distributed by WN for playing MAN. Any plug-in or enhancement not distributed by WN that permits you to modify the Software or a game in progress is not authorized by this Agreement.
4. The Software is being delivered to you AS IS and WN makes no warranty as to its use or performance. WN AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. WN AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL WN OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A WN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
5. This Agreement will be governed by the laws of the State of Louisiana, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of WN.
6. WN does not warrant or guarantee that the WN services and the functions or services performed by WN will be uninterrupted or error-free or that defects in the Software and the WN services will be corrected. WN does not warrant or guarantee that all Software versions or users shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the WN services. WN does not warrant or guarantee 1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information available on or through the WN services will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by WN will be uninterrupted or error-free or that defects in the Software and the WN services will be corrected. It is your sole responsibility to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
7. WN is not responsible for any special, incidental, indirect or consequential damages. In no event will WN`s liability with respect to this Agreement exceed the amount you paid (if you paid) to WN for the Software or of the charge of one-month fee for using the WN servers` service. In no event shall WN be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the WN server or Software. WN will not be responsible if any information infects or contaminates a user`s system or information. The entire risk as to the quality and performance of WN`s service, the WN software and the WN services in the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
8. WN may change, from time to time, the Agreement with or without a release of a new version of the MA Software. By continuing to use the Software and/or the WN services, for a period of 30 days after such notice has been provided on the WN network or web sites for the first time, you signify your consent to the new or revised set of the Agreement. Subject to the foregoing, you further agree to be bound by the provisions of any license agreement(s) available on the WN web site, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
9. You acknowledge that the various notes, notices and warnings available on the Software and the WN services, are provided as a convenience only. The inclusion of such notes does not constitute an obligation on WN to provide such notes, notices and warnings in other places or features of the Software or WN services.
Copyright 2004 Wargaming.Net ALL RIGHTS RESERVED