游戏达人
魔邓肯
  
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- 注册时间
- 2010-5-29
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我也没具体看，英文不太好，不过红字部分是这个意思吧
LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
YOUR USE OF this software is subject to this Limited software warranty and License agreement (the "agreement") and the terms set forth below. The "SOFTWARE" includes all software included with this agreement, the accompanying manual(s), packaging and other written, ELECTRONIC OR ON-LINE materials or documentation, and any and all copies of such software and ITS materials. By opening THE SOFTWARE, installing, and/or using the SOFTWARE and any OTHER MATERIALS INCLUDED WITH THE SOFTWARE, you HEREBY accept the terms of this license with BETHESDA SOFTWORKS LLC AND ITS PARENT, ZENIMAX MEDIA INC. (COLLECTIVELY, "LICENSOR").
LICENSE. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that copyright violations are subject to penalties of up to $100,000 per violation. The Software contains certain licensed materials and LICENSOR's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS
You agree not to:
(a)
Commercially exploit the Software;
(b)
Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c)
Make copies of the Software or any part thereof, except for back up or archival purposes;
(d)
Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;
(e)
Copy the Software onto a hard drive or other storage device from the included DVD (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f)
Use or copy the Software at a computer gaming center or any other location-based site;
(g)
Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
(h)
Remove or modify any proprietary notices or labels contained on or within the Software; and/or
(i)
Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
THE SOFTWARE UTILITIES.
The Software makes available, as a separate downloadable installer, a level editor or other similar type tools, assets and other materials (the "Software Utilities") that permit you to construct or customize new game levels and other related game materials for personal use in connection with the Software ("Customized Game Materials"). In the event you access such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:
(a)
All Customized Game Materials created by you are exclusively owned by LICENSOR and/or its licensors (as the case may be) and you hereby transfer, assign and convey to LICENSOR all right, title and interest in and to the Customized Game Materials and LICENSOR and its permitted licensors may use any Customized Game Materials made publicly available to you for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the Software;
(b)
You will not use or permit third parties to use the Software Utilities and the Customized Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customized Game Materials;
(c)
Customized Game Materials must be distributed solely for free;
(d)
Customized Game Materials shall not contain modifications to any other executable files;
(e)
Customized Game Materials must be used alone and can be created if the Customized Game Materials will be used exclusively in combination with the commercially released retail version of the Software.
(f)
Customized Game Materials cannot contain libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties (without a valid license); and
(g)
All Customized Game Materials must contain the proper credits to the authors of the Customized Game Materials and must indicate that LICENSOR is not the author of the Customized Game Materials with additional language that "THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES."
WARRANTY:
LICENSOR warrants for a period of ninety (90) days following original retail purchase of the Software (the "Warranty Period"), that the Software media is, and under normal use shall be, free from substantial errors or defects that will materially interfere with the operation of the Software as described in the Documentation. This limited express warranty applies to the initial purchaser only.
EXCEPT AS STATED ABOVE, LICENSOR MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS, STATUTORY OR OTHERWISE, ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING, OR OTHER LEGAL REQUIREMENT. LICENSOR does not warrant the error-free or uninterrupted operation of the Software. In addition, with respect to software that is enabled for use on or over the Internet, you acknowledge that LICENSOR is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet. Use of the Internet is at your sole risk.
Some jurisdictions do not allow limitations on how long an implied or express warranty or condition lasts, so the above limitation may not apply to you. This limited express warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Some jurisdictions require additional warranties or minimum warranty periods that cannot be waived, disclaimed or otherwise varied by contract. If and to the extent such local laws are held to apply to this Agreement or the Software, the foregoing warranty and/or warranty period shall be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent possible the effect, scope and economic benefit of the original warranty provided herein.
If you believe you have found an error or defect that would constitute a breach of the above limited warranty during the Warranty Period, and (i) you are in the United States, you may call Bethesda Softworks' Technical Support and Customer Service Department at 410-568-3685, 9:00 am to 5:00 pm EST Monday through Friday, excluding holidays, and you should have ready your product number, the computer brand, process or make and speed, CD make and speed, operating system, sound card name and video card name; or (ii) if you are outside the United States, send your original Software disc to Bethesda Softworks at 1370 Piccard Drive, Suite 120, Rockville, MD 20850 USA, together with a dated proof of purchase, your product number, a brief description of such error or defect, and the address to which it is to be returned.
If you have a problem resulting from such a manufacturing defect in the Software, LICENSOR's entire liability and your exclusive remedy for breach of this limited warranty shall be the replacement of the applicable Software, within a reasonable period of time and without charge, with a corrected version of the Software. Any replacement Software shall be warranted for the remainder of the original Warranty Period or thirty (30) days from receipt thereof, whichever is longer. This limited warranty shall not be applicable and shall be void if the defect or problem with the Software is found to be the result of abuse, unreasonable use, mistreatment or neglect. Some jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
WARRANTY PROTECTION:
To be eligible for warranty protection hereunder, you must register at www.bethsoft.com within thirty (30) days of purchase. Failure to register within thirty (30) days of purchase shall result in the loss of your warranty protection. Warranty protection is available only to you, the original purchaser. In the event of any questions in this regard, LICENSOR reserves the exclusive right to determine warranty eligibility and appropriate redress, if any.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL LICENSOR OR ANY OF ITS LICENSORS, RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (ii) THIRD PARTY CLAIMS, OR (iii) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA; EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE ENTIRE LIABILITY OF BETHESDA SOFTWORKS ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE, THE PACKAGING, OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE SOFTWARE.
Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to you.
TERMINATION:
This Agreement and the licenses granted under this Agreement are effective until terminated. They shall terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination you shall immediately cease using the Software, and destroy the Software, the Documentation, and the other parts of the Software, and all copies of any parts thereof.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Date and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is the LICENSOR at the location listed below.
Equitable Remedies. You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
Indemnity: You agree to indemnify, defend and hold LICENSOR, its partners, licensors, 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 Software pursuant to the terms of the Agreement.
MISCELLANEOUS; GOVERNING LAW; ARBITRATION: 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 and your use of the Software, and all disputes arising out of or related to this Agreement or the Software (or any part thereof) shall be governed by, and any arbitration hereunder shall apply, the laws of the State of Maryland, USA, excluding (a) its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (d) any Protocol amending the 1974 Convention. Any dispute, controversy or claim arising out of or relating to this Agreement or the Package (or any part thereof), including its interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by LICENSOR, one to be appointed by you and a third being nominated by the two arbitrators so selected or, if they cannot agree on a third arbitrator, by the President of the American Arbitration Association ("AAA"). The arbitration shall be conducted in English and in accordance with the then-current arbitration rules of the AAA applicable to the dispute (such as, for example, the AAA international rules if you are not a United States resident). The arbitration, including the rendering of the award, shall take place in Rockville, Maryland USA, and Rockville, Maryland USA shall be the exclusive forum for resolving any such dispute, controversy or claim; however, if you are a resident of the European Community, the arbitration shall take place in London, England. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. Notwithstanding anything contained in this Paragraph to the contrary, LICENSOR shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce LICENSOR's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.
If you have any questions concerning this license, you may contact in writing BETHESDA SOFTWORKS, 1370 pICCARD dRIVE, sUITE 120, rOCKVILLE, mARYLAND 20850. |
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发表于 2011-9-7 13:06
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