TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software.
This EULA will terminate automatically without notice from the Company if you fail to comply with any
provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and
damages will survive termination.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole risk.
The Software and media are supplied “AS IS.” Unless otherwise provided by applicable law, the Company
warrants to the original purchaser of this product that the Software storage medium will be free from
defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. The
warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software
fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of
charge if you return the defective Software. Follow the Product Return Procedures described in the Manual.
The Company does not warrant that the Software or its operations or functions will meet your requirements,
or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY
SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE
COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS
ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO
MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF
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THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE
EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of the United States of America and the State of New York, exclusive of
its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA is New
York County, New York and you agree to submit to the Jurisdiction of the courts of New York County, New
York for any such litigation.
MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will
be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.
© 2003 Infogrames Interactive, Inc. All Rights Reserved.
All trademarks are the property of their respective owners.
© 2003 Chris Sawyer. All Rights Reserved.
Windows and DirectX are either registered trademarks or trademarks of Microsoft Corporation
in the United States and/or other countries.
Pentium is a trademark or registered trademark of Intel Corporation or its subsidiaries
in the United States and other countries.
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