Software Limited Warranty; License Agreement, Use Disclosure Information
This document may be updated from time to time and the latest version will be posted at www.rockstargames.com/oila. Your continued use of the Software 30 days after a revised version has been posted constitutes your acceptance of its terms.
Use of the Software is subject to this Limited Warranty and Software License Agreement (the "Agreement") and the conditions set forth below. "Software" includes all software including this Agreement, accompanying manual(s) and other packaging and other written, documented, electronic or online materials or documentation, and any and all copies of such software and materials. By opening the Software, installing and/or using the Software and any other materials accompanying the Software, you hereby accept the terms of this offtake agreement with Two Interactive Software, Inc. (the "Licensor").
1. Permission
Permission. Subject to the terms and conditions of this Agreement, Licensor hereby grants you a non-exclusive, non-transferable, limited right and license to use the Game for your personal, non-commercial use on a single computer or game unit, with one copy of the Software, unless software documentation specified in . The rights you acquire are subject to your compliance with this Agreement. Your license under this Agreement begins on the date on which you install or use the Software and ends on the earlier date at your disposal upon termination of this Agreement by either party to the Software or its licensors. Your license will terminate immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is licensed to you and you hereby acknowledge that no title or ownership rights in the Software are transferred or assigned by construction of this Agreement and shall not be construed as a sale of the Software. All rights not expressly granted under this Agreement are licensed and reserved, as applicable, to its grant.
Ownership. Licensor retains all rights, title and interest in the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, names, computer code, audio-visual effects, themes, characters, names of characters, Story, dialogue, settings, artwork, sound effects, musical compositions and moral rights. The Software is protected by United States copyright and trademark laws and applicable laws and treaties throughout the world. This software may not be copied, reproduced or distributed in whole or in part in any manner or medium without written authorization. Anyone copying, reproducing or distributing all or any part of the Software in any manner or medium will violate copyright laws and may be subject to civil and criminal penalties in the United States or any country thereof. Note that copyright infringement in the United States is subject to statutory penalties of up to $150,000. The licensors of certain materials and licenses contained in the Software may also protect their rights in the event of any breach of this Agreement. All rights not expressly granted to you are licensed reserved.
Licensing conditions. You agree not to:
(1) Commercially develop the Software;
(2) Distribute, lease, license, sell, lease or otherwise transfer or transfer the Software, or the Software Make any copy of the Software or any part thereof without the express prior written consent or authorization set forth in this Agreement;
(3) Make a copy of the Software or any part thereof (except as provided);
(d) Make use of the software in use, or download copies of the software available on the Internet by multiple users;
(5) Except as otherwise specified in the software or in this Agreement, the use or installation of the software ( or allow others to do the same) for online use on a network, or on more than one computer or gaming unit at the same time;
(6) Copying software to a hard drive or other storage device to bypass the running of Requirements to include software from CD-ROM or DVD discs (this prohibition does not apply to all or part of the software during installation, in order to run more efficiently) by the software itself;
(g) Use or copying to a computer game center or other location on a software-based website, the license provided may provide you with a separate site license agreement to enable commercial use of the software;.
(8) Reverse engineer, decompile, disassemble, create derivative works or otherwise modify the software based on it, in whole or in part;
(1) Delete or modify or Any country that violates these laws or regulations, such as the Software, may be modified from time to time.
However, you may transfer the entire Software and attached files to another person as long as you do not retain any copies (including archived or backup copies) of the Software, the attached files, or any portion thereof or The attached documentation contains the software components, and the recipient agrees to the terms of this Agreement. This software is for private use only.
Technical protection. The Software may include measures to control access to the Software, prevent unauthorized copies, or attempt to block any person who exceeds the limited rights and licenses granted under this Agreement. If the software allows access to other network features, only one copy of the software may access those features at a time (unless provided in the software documentation). Additional terms and registration may be required to access online services and download software updates and patches. Only software must hold a valid license and can be used to access network services and download updates and patches. You may not interfere with such access controls or attempt to disable or circumvent these security features. If technical protection measures are disabled or otherwise tampered with, the software will not function properly.
User-Created Content: The software allows you to create content including but not limited to game maps, a scenario, car designs or video screenshots of your game. In order to communicate the use of the Software, to the extent that any copyright interest arises through your contribution to the use of the Software, you hereby grant an exclusive, perpetual, irrevocable, fully transferable and sub-global license and license to use your Contribute, and have the right to do so in connection with the Software and related products and services in any way for any purpose, including copying, reproducing, adapting, modifying, performing, displaying, publishing, broadcasting, transmitting, or otherwise communicating to the public whether now Known or unknown and distributed without further notice or compensation in any manner that protects your in-kind contribution throughout the term of the intellectual property rights granted under applicable laws and international conventions. You hereby waive any paternity, publication, reputation, or moral rights vested in the Licensor and other players in connection with the use and enjoyment of such assets by the Software and applicable laws in connection with related products and services. The permission granted by this License, as well as any applicable moral waiver of the foregoing rights, survive any termination of this License.
Internet connection. The Software may require an Internet connection to access Internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to function properly, you may be required to have and maintain (a) a proper Internet connection and/or (b) a valid and active account with the online services as set forth in the Software Documentation, including without limitation to a Windows Live, licensed or authorized affiliate. If you do not maintain such an account, then certain features of the Software may not function properly or may stop functioning properly, in whole or in part.
Two. Data Collection and Use. By installing and using this software, you agree to these information collection and use conditions, including (if applicable) the transfer of data to a country's licensees and affiliates outside the European Union and the European Economic Area. If you use the Software while connected to the Internet, through Xbox Live, PS Network, or any other method, the Licensor may receive information from the hardware manufacturer or platform host (such as Microsoft and Sony) that may automatically Collect certain information about your computer or game units. This information may include, but is not limited to, user identification (such as game tags and screen names), game scores, game results, game performance, location visits, buddylists, hardware MAC addresses, Internet Protocol addresses, as well as your use of various game features.
All information collected by permission, the pseudo-anonymous information does not reveal your identity nor constitute personal information, however, if you include personal information (such as your real name) in your username, then such personal information will be automatically transferred to the license and use described herein.
Information collected by the license may be posted on the license's publicly accessible website, *shared with the hardware manufacturer, *shared platform host, *shared with the licensed marketing partner or perhaps may be used for any other lawful purpose. By using this software you agree to authorize the use of relevant data, including the public display of your data, such as your user identity to create content or display your scores, rankings, achievements and other game data. If you do not want your information to be shared this way, then you should not use this software.
Three. Warranty
Limited Warranty: The license warrants that you (if you are a first-time and original purchaser of the software), the original storage media holding the software, are free from defects in materials and workmanship for 90 days, under normal circumstances Use and service from the date of purchase. The license grants you that this software is compatible with an individual computer that meets the minimum system requirements listed in the software documentation, or has been certified by a game production unit with the unit for which the game it has been published, however, due to compatibility in hardware, software, Internet connections and personal use vary, and Licensor does not guarantee the performance of the Software on a particular computer or gaming unit. Licensor makes no warranty that it will interfere with your enjoyment of the Software; that the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third party software or hardware or that any errors in the Software will be obtained correct. Any oral or written advice given by or on behalf of any authorized representative shall create a warranty. Because some jurisdictions do not allow limitations or limitations on implied warranties or applicable statutory rights of a consumer, the exclusions and limitations in the Rights section or above may not apply to you beyond the limitations.
If you discover that the storage media or software is defective for any reason within the warranty period, Licensor agrees to replace, Free Software any defect found that should be within the warranty period of the software currently being manufactured by the licensor. If the Software is no longer available, Licensor reserves the right to substitute a piece of Software of similar or greater value. This warranty is limited to the storage medium and license originally provided and does not apply to normal wear and tear of the Software. This warranty does not apply and shall be void if the defect has been caused by abuse, abuse, or neglect. Any implied warranty prescribed by law is expressly limited to 90 days.
Except as set forth above, this warranty is subject to all other guarantees, whether oral or written, express or implied, including any other warranties of merchantability, fitness for a particular purpose or non-infringement, and there are no other representations or warranties of any kind. A binding authorization.
When returning questions to the above Software Limited Warranty, please send the original Software Only Authorization to the address specified below, including: your name and return address, a copy of your monthly sales receipt; and a brief description of the sale and system defects in the software you are running.
In no event shall Licensor be liable for special, incidental or consequential damages resulting from the possession, use or software, including, without limitation, property damage, loss of goodwill, computer failure or malfunction, and To the extent permitted by law, damages for personal injury, property damage, lost profits or punitive damages or any other cause of action arising out of or in connection with tort (including negligence), contract, strict liability or otherwise, whether or not in this WHETHER ARISING FROM THE AGREEMENT OR SOFTWAWRE, LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor's liability for all damages (other than those claimed by applicable law) exceed the price actually paid by you for the use of the Software.
Because some states/countries do not allow limitations on how long an implied warranty lasts and/or incidental or consequential damages, the above limitations and/or exclusion or limitation of liability may not apply to you. Limit exclusions. This warranty shall not apply only to any specific provisions arising out of the incorporation of this warranty, which shall not be predicated by any federal, state, or domestic law. This warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
Termination: This Agreement will automatically terminate if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all component parts thereof. You can also end the protocol by destroying the software and all copies and duplications of the software and removing and permanently clearing the installed software from any client server or computer.
US GOVERNMENT RESTRICTED RIGHTS: The software and documentation have been developed entirely at private expense and are furnished as "commercial computer software" or "restricted computer software." for use, copying or subcontracting by the US Government or the US Government Commercial computer software that commercially discloses technical parameters and computer software that are subject to the limitations provided in subparagraphs (3)(1)(2) of DFARS 252.227-7013 or regulations (c)(1) and (2) commercial computer software terms, and FAR 52.227-19 applies. The contractor/manufacturer is authorized 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 harmed, and accordingly, you agree that Licensor shall be entitled to no bond, other security, Evidence of damages is an appropriate remedy equitable to any of this Agreement, in addition to any other remedies.
King: You agree to indemnify, defend and authorize its partners, licensors, associates, contractors, officers, directors, employees and all damages, losses and expenses arising directly or indirectly from its actions and not acting as an agent harmlessly using the Software under the terms of this Agreement.
Miscellaneous: This Agreement expresses the full consent to such license between the parties concerned and supersedes all previous agreements and representations between them. This may be modified subject to writing by both parties. If any provision of this Agreement is held to be unenforceable such provision shall be reformed only to the extent necessary for reasons to make it enforceable and the remaining provisions of this Agreement shall not be affected.
Governing law. This Agreement shall be construed (without regard to conflict of law principles or choices) in accordance with the laws of the State of New York, as those laws are applicable to agreements entered into between residents of New York, and to be performed in New York jurisdiction, except under federal law. Unless expressly waived in a particular case or contrary to local law, the sole and exclusive jurisdiction and venue for actions relating to matters contemplated by this Act shall be the state and federal courts licensed to have the principal place of business located in the Corporation (New York Licensing County, New York, United States ). The parties consent to the jurisdiction of such courts and agree that such process may be provided by service of this notice or otherwise as permitted by New York State or federal law. The parties agree that the United Nations Convention on the Law of the Sea for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
If you have any questions about this License, you may contact Take-Two Interactive in writing,
Software Inc., 622 Broadway, New York, NY 10012.