THQ Inc. Software License Agreement And Supplemental Microsoft DirectX End User License Agreement 1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON ONE HAND, AND THQ INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY REFERRED TO AS "COMPANY") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED "TITAN QUEST," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED MEDIA, TEXT, IMAGES, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC DOCUMENTATION (TOGETHER CALLED THE "PROGRAM"). BY INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM (OR, IN THE EVENT YOU HAVE PURCHASED THE PROGRAM AS CONTAINED ON A CD-ROM AND/OR DVD, BY OPENING THE PACKAGING MATERIALS THEREOF), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND THE SUPPLEMENTAL MICROSOFT DIRECTX END USER LICENSE AGREEMENT AND AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION. BY INSTALLING THE PROGRAM YOU AGREE TO DOWNLOAD THE MOST RECENT VERSION OF DIRECTX FROM MICROSOFT. YOU WILL NOT BE ABLE TO USE THE PROGRAM UNLESS YOU HAVE THE MOST RECENT VERSION OF DIRECTX INSTALLED ON YOUR COMPUTER. 2. Company grants you a non-exclusive, non-transferable license to use the Program, but retains all property rights in the Program and all copies thereof. You may: (i) use the Program on any supported computer configuration, provided the Program is used on only one (1) such computer; and (ii) permanently transfer the Program and its documentation to another user provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not transfer, distribute, rent, sub-license, or lease the Program or documentation, except as provided herein; or alter, modify, or adapt the Program or documentation, or any portions thereof. 3. You acknowledge that the Program in source code form remains a confidential trade secret of Company. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4. OWNERSHIP: All right, title and interest and intellectual property rights in and to the Program (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and "applets," incorporated into the Program), the accompanying printed materials, and any copies of the Program, are owned by Company or its licensors. This Agreement grants you no rights to use such content other than directly as part of the Program. All rights not expressly granted under this Agreement are reserved by Company. 5. This Agreement is effective upon your installation of the Program and shall continue until revoked by Company or until you breach any term hereof; upon termination you agree to destroy or delete all copies of the Program in your possession. 6. If the software contains a software Editor, or a software Editor is made available to you by Iron Lore Entertainment and Company for use with the software, you may use the Editor only in conjunction with that content specifically identified in the documentation for use with the Editor. If no content files are identified, you may not use content or other files from the software with the Editor. You may reproduce and share files or scripts created with the Editor with friends or family on a non-commercial basis only. Iron Lore Entertainment and Company do not grant you the right to sell or otherwise distribute files from the software in exchange for value. Company does not provide technical or customer service support for the Editor. 7. The Program may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If you do not meet these criteria or are not sure, do not install the software and destroy any copies in your possession. If you live in such a country, no license is granted hereunder. 8. You are responsible for assessing your own computer and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. COMPANY AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY COMPANY, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS. Company and its licensors make no warranty with respect to any related software or hardware used or provided by Company in connection with the Program except as expressly set forth above. 9. LIMITED CD-ROM AND/OR DVD WARRANTY: Notwithstanding anything to the contrary contained herein, and solely with respect to Programs distributed on CD-ROM and/or DVD, Company warrants to the original consumer purchaser of this Program on CD-ROM and/or DVD 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 is found defective within 90 days of original purchase, Company agrees to replace, free of charge, any product discovered to be defective 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 Company. In the event that the Program is no longer available, Company 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 Company and is not applicable to normal wear and tear. This warranty shall not be 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. To receive warranty service in the United States: Notify the THQ Customer Service Department of the problem requiring warranty service by calling (818) 880-0456 or on the web at http://www.thq.com. If the THQ service technician is unable to solve the problem by phone or on the web via e-mail, the technician will authorize you to return the Product, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof-of-purchase within the ninety (90) day warranty period to: THQ Inc., Customer Service Department, 29903 Agoura Road, Agoura Hills, CA 91301. To receive warranty service in the United Kingdom: Notify the THQ (UK) Limited. Customer Service Department of the problem requiring warranty service by calling +44 (0) 870 608 0047 (national/international call rates apply) or on the web at http://www.thq.co.uk and click on Help. If the THQ (UK) Limited. service technician is unable to solve the problem by phone or on the web via e-mail, the technician will authorize you to return the Product, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof-of-purchase within the ninety (90) day warranty period to: THQ (UK) Limited., Customer Service Department, Duke?s Court, Duke Street, Woking, Surrey GU21 5BH UK. Company is not responsible for unauthorized returns of the Program and reserves the right to send such unauthorized returns back to customers. This warranty shall not be applicable and shall be void if: (a) the defect in the Program has arisen through abuse, unreasonable use, mistreatment or neglect; (b) the Program is used with computer software and hardware not meeting the minimum systems requirements for the Program; (c) the Program is used for commercial purposes (including rental); (d) the Program is modified or tampered with; or (e) the Program's serial number has been altered, defaced or removed. Company will replace defective media at no charge subject to the conditions set forth above. This is your sole and exclusive remedy for any breach of warranty. 10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY'S AND ITS LICENSORS? ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR A...
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