SOFTWARE LICENSE AND LIMITED WARRANTY PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE: DO NOT INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, AND PROMPTLY RETURN THIS PACKAGE AND ITS CONTENTS TO THE PLACE OF PURCHASE FOR A REFUND OR EXCHANGE SUBJECT TO THE RETURN POLICY OF THE RETAILER. The computer software, artwork, music, and other components included in this product as such may be updated (collectively referred to as the "Software"), are the copyrighted property of LucasArts, a division of Lucasfilm Entertainment Company Ltd. and/or its affiliated entities or divisions, and its licensors (collectively referred to as "LucasArts"). The Software is licensed (not sold) to you, and LucasArts owns and/or controls all copyright, trade secret, patent and other proprietary rights in the Software. You may use the Software on a single computer. You may not: (1) copy, distribute, rent, lease or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) transmit the Software over a network, by telephone, or electronically using any means, except in the course of your network multi-player play of the Software over authorized networks; (4) engage in matchmaking for multi-player play over unauthorized networks; (5) design or distribute unauthorized levels; or (6) reverse engineer, decompile or disassemble the Software. You may transfer the Software, but only if the recipient agrees to accept and be bound by the terms and conditions of this Agreement. If you transfer the Software, you must transfer all components and documentation and erase any copies residing on computer equipment. Your rights in and to this license are automatically terminated if and when you transfer the Software. LucasArts warrants to the original consumer purchaser only that the media furnished in this Software will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase (as evidenced by your receipt). If the media furnished in this Software proves to be defective, and provided that the original consumer purchaser returns the media to LucasArts in accordance with the instructions in this paragraph, LucasArts will replace the defective media: (a) free of charge to the original consumer purchaser, if the media proves to be defective within the ninety (90) day period following the date of purchase, or (b) for a fee of $5.00 per Compact Disc, if the media proves to be defective after the expiration of the ninety (90) day warranty period, provided that the request is made within a reasonable time from purchase, and LucasArts continues to distribute the CD commercially. To obtain a replacement CD, please return the defective CD only, postage prepaid, to LucasArts, a division of Lucasfilm Entertainment Company Ltd., P.O. Box 10307, San Rafael, CA 94912, accompanied by proof of date of purchase, a description of the defect, and your name and return address, as well as a check for $5.00 made payable to LucasArts per CD if after expiration of the warranty period. LucasArts will mail a replacement to you. You expressly acknowledge and agree that use of the Software is at your sole risk. Except for the limited ninety (90) day warranty on the media set forth above, the Software and any related documentation or materials are provided "AS IS" and without warranty of any kind. LUCASARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LUCASARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU AND YOU (AND NOT LUCASARTS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LUCASARTS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THIS PRODUCT, INCLUDING WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF LUCASARTS OR A LUCASARTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT THE LIABILITY OF LUCASARTS ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF, INCLUDING, WITHOUT LIMITATION, ANY INJUNCTIVE RELIEF, TO ENFORCE THE TERMS HEREOF. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS DEPENDING ON THE LAWS IN YOUR STATE. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and you hereby consent to personal jurisdiction in California. You and LucasArts each agree that any claim or controversy arising out of or related to this Agreement or the Software shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in Marin County, California, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The Arbitrator may not change the terms of this Agreement and may not award any injunctive or other equitable relief. If it is judicially determined that any claim or controversy arising out of or related to this Agreement or the Software cannot be settled by expedited binding arbitration as noted above, then you agree that any such claims or controversies shall be brought and maintained in the state courts located within the County of Marin, State of California or the federal courts of the Northern District of California, and you waive any claim that either such forum is inconvenient. The foregoing shall not preclude LucasArts from seeking any injunctive relief for protection of LucasArts' intellectual property rights. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. LucasArts? failure to act with respect to a breach by you or others does not waive LucasArts? right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and LucasArts with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties; provided, however, that LucasArts has the right, without notice and/or without a writing signed by both parties, to amend this Agreement in connection with any modifications or updates to the Software. If the Software is acquired under agreement with the U.S. government or any contractor therewith, it is acquired as "commercial computer software" subject to the provisions hereof, as specified in 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or sections succeeding thereto. Rules Governing New Levels: "New Levels" are data that modify, add to, or substitute for data in the Software, thus modifying, adding to, or replacing levels provided by LucasArts in the Software, and may also include saved games, and scenarios created using the skirmish features of the Software. New Levels may be permitted by LucasArts, in its sole discretion, on the following conditions. You agree that the following conditions apply to your creation of any New Levels: (1) New Levels will work only with the retail version of the Software, and may not work with any demo or Original Equipment Manufacturer (generally known as "OEM") versions of the Software. (2) New Levels may not modify any COM, EXE, DLL or other executable files. (3) New Levels must not contain any illegal, scandalous, illicit, defamatory, libelous, or objectionable material (as may be determined by LucasArts in its sole discretion), or any material that infringes any trademarks, copyrights, protected works, publicity, proprietary, or other rights of any third party or of LucasArts. (4) New Levels may not include any LucasArts sound effects or music files or portions thereof. (5) New Levels must identify in every description file, on-line description, read-me, and in comments in the New Level code (if new code is added): (a) the name, address, and e-mail address of the level?s creators, and (b) the following disclaimer: "THIS LEVEL IS NOT MADE, DISTRIBUTED, OR SUPPORTED BY LUCAS...
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