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Met speciale dank aan Tennis Channel.
©2006-2011,Take-TwoInteractiveSoftware,Inc.TOPSPIN,TOPSPIN4,Take-TwoInteractiveSoftware,2KSportsenhunbetreffendelogo’szijnhandelsmerken
van Take-Two Interactive Software, Inc. TOP SPIN 4 maakt gebruik van Havok®. © 1999 - 2011 Havok.com Inc. en diens licentiegevers. Alle rechten voorbehouden.
Ga naar www.havok.com voor meer informatie. FaceGen van Sungular Inversions Inc. maakt gebruik van Blink Video Technology. © 1997 - 2011 door RAD Game
Tools, Inc. FMOD Ex Sound System © 1994 - 2011 door Firelight. Technologies Pty, Ltd. Alle andere handelsmerken zijn het eigendom van de betreffende eigenaren.
Alle rechten voorbehouden.
Deze game bevat adverteertechnologie (“Technologie”), waarmee bepaalde voorwerpen, objecten of afbeeldingen (bijvoorbeeld advertenties) via je systeem in de
game gebracht kunnen worden. De technologie verzamelt informatie over je systeem, inclusief maar niet beperkt tot het IP-adres waar de game gespeeld wordt,
hoe de game gespeeld wordt, interacties met de advertenties in de game en andere zaken. Deze informatie wordt verwerkt door een third party leverancier van
detechnologiemethetdoeldekostenvoordeadverteerdersteberekenenenomdeefciëntievanadvertentiestemonitoren.JeIP-adresenandere,hiervoor
beschreven, informatie kunnen mogelijkerwijs naar een buitenlands rechtsgebied gezonden worden om via het internet verwerkt te worden. De genoemde third party
leverancierweetnietwiejebent,zalnietproberenjeteidenticerenofcontactmetjeopnemen.
This document may be updated from time to time and the current version will
be posted at www.taketwogames.com/eula. Your continued use of this Software
30 days after a revised version has been posted constitutes acceptance by
you of its terms.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING
OR OTHERWISE USING THIS SOFTWARE (DEFINED BELOW), YOU AGREE
TO BE BOUND BY THE TERMS OF 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, FILES, 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 AGREEMENT WITH
TAKE-TWO INTERACTIVE SOFTWARE, INC. (“LICENSOR”). IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO
INSTALL, COPY OR USE THE SOFTWARE.
I. LICENSE
LICENSE. Subject to this Agreement and its terms and conditions, Licensor
hereby grants you the nonexclusive, non-transferable, limited right and license
to use one copy of the Software for your personal non-commercial use for
gameplayonasinglecomputerorgamingunit,unlessotherwisespeciedinthe
Software documentation. Your acquired rights are subject to your compliance
with this Agreement. The term of your license under this Agreement shall
commence on the date that you install or otherwise use the Software and
endsontheearlierdateofeitheryourdisposaloftheSoftwareorLicensor’s
termination of this Agreement. Your license terminates immediately if you
attempt to circumvent any technical protection measures used in connection
with the Software. 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 of any rights
intheSoftware.AllrightsnotspecicallygrantedunderthisAgreementare
reserved by Licensor and, as applicable, its licensors.
OWNERSHIP. Licensor retains all right, title and interest to the 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 and trademark law and applicable 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 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 in the
US or their local country. Be advised that US Copyright violations are subject
to statutory penalties of up to $150,000 per violation. The Software contains
certainlicensedmaterialsandLicensor’slicensorsmayalsoprotecttheirrights
in the event of any violation of this Agreement. All rights not expressly granted
to you herein are reserved by the Licensor.
LICENSE CONDITIONS.
You agree not to:
a. Commercially exploit the Software;
b. Distribute, lease, license, sell, rent or otherwise transfer or assign the
Software, or any copies of the Software, without the express prior written
consent of Licensor or as set forth in this Agreement;
c. Make a copy of the Software or any part thereof (other than as set forth
herein);
d. Making a copy of this Software available on a network for use or download
by multiple users;
e.ExceptasotherwisespecicallyprovidedbytheSoftwareorthisAgreement,
use or install the Software (or permit others to do same) on a network, for on-
line use, or on more than one computer or gaming unit at the same time;
f. Copy the Software onto a hard drive or other storage device in order to bypass
the requirement to run the Software from the included CD-ROM or DVD-ROM
(this prohibition does not apply to copies in whole or in part that may be made
bytheSoftwareitselfduringinstallationinordertorunmoreefciently);
g. use or copy the Software at a computer gaming center or any other location-
based site; provided, that Licensor may offer you a separate site license
agreement to make the Software available for commercial use;.
h. Reverse engineer, decompile, disassemble, prepare derivative works based on
or otherwise modify the Software, in whole or in part;
i. Remove or modify any proprietary notices, marks or labels contained on or
within the Software; and
j. 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.
ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL
COPIES. Software download, redemption of a unique serial code, registration
of the Software, membership in a third-party services and/or membership in
a Licensor service (including acceptance of related terms and policies), may
be required to access digital copies of the Software or certain un-lockable
, downloadable, online or other special content, services, and/or functions
(collectively, the “Special Features”). Access to Special Features is limited to
a single user account per serial code and access to Special Features cannot be
transferred,sold,orre-registeredbyanotheruserunlessotherwisespecied.
The provisions of this paragraph supersede any other term in this Agreement.
TRANSFER OF PRE-RECORDED COPIES. You may transfer the entire physical
copy of pre-recorded Software and accompanying documentation on a
permanent basis to another person as long as you retain no copies (including
archival or backup copies) of the Software, accompanying documentation, or
any portion or component of the Software or accompanying documentation, and
the recipient agrees to the terms of this Agreement. Special Features, including
content otherwise unavailable without a single-use serial code, are not
transferrable to another person under any circumstances and Special Features
may cease functioning if the original installation copy of the software is deleted
or the pre-recorded copy is unavailable to the user. The Software is intended
for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT
TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.
TECHNICAL PROTECTIONS. The Software may include measures to control
access to the Software, control access to certain features or content, prevent
unauthorized copies, or otherwise attempt to prevent anyone from exceeding
the limited rights and licenses granted under this Agreement. If the Software
permits access to Special Features, only one copy of the Software may access
those features at one time. Additional terms and registration may be required
to access online services and to download Software updates and patches.
Only Software subject to a valid license can be used to access online services,
including downloading updates and patches. You may not interfere with such
access control measures or attempt to disable or circumvent such security
features. If you disable or otherwise tamper with the technical protection
measures, the Software will not function properly.
USER CREATED CONTENT: The Software may allow you to create content,
including but not limited to a gameplay map, a scenario, screenshot of a car
design or a video of your game play. In exchange for use of the Software, and
to the extent that your contributions through use of the Software give rise
to any copyright interest, you hereby grant Licensor an exclusive, perpetual,
irrevocable, fully transferable and sub-licensable worldwide right and license
to use your contributions in any way and for any purpose in connection with
the Software and related goods and services, including the rights to reproduce,
copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise
communicate to the public by any means whether now known or unknown and
distribute your contributions without any further notice or compensation to you
of any kind for the whole duration of protection granted to intellectual property
rights by applicable laws and international conventions. You hereby waive any
moral rights of paternity, publication, reputation, or attribution with respect to
Licensor’sandotherplayers’useandenjoymentofsuchassetsinconnection
with the Software and related goods and services under applicable law. This
license grant to Licensor, and the above waiver of any applicable moral rights,
survives 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 operate properly,
you may be required to have and maintain (a) an adequate internet connection
and/or (b) a valid and active account with an online service as set forth in
the Software documentation, including but not limited to third-party gaming
platform,LicensororaLicensorafliate.Ifyoudonotmaintainsuchaccounts,
then certain features of the Software may not operate or may cease to function
properly, either in whole or in part.
II. INFORMATION COLLECTION & USAGE.
By installing and using this software, you consent to these information
collection and usage terms, including (where applicable) transfer of data to
LicensorandafliatedcompaniesintoacountryoutsideoftheEuropeanUnion
and the European Economic Area. If you connect to the Internet when using
the Software, either through a gaming platform network, or any other method,
Licensor may receive information from hardware manufacturers or gaming
platform hosts and may automatically collect certain information from your
computer or gaming unit. This information may include, but is not limited
to, user IDs (such as gamer tags and screen names), game scores, game
achievements, game performance, locations visited, buddylists, hardware MAC
LIMITED SOFTWARE WARRANTY, LICENSE AGREEMENT,
& INFORMATION USE DISCLOSURES
address, internet protocol address, and your usage of various game features.
All information collected by Licensor is intended to be anonymous information
that does not disclose your identity or constitute personal information,
however, if you include personal information (such as your real name) in your
user ID, then such personal information will automatically be transmitted to
Licensor and used as described herein.
The information collected by Licensor may be posted by Licensor on publicly-
accessible web sites, shared with hardware manufacturers, shared with
platformhosts,sharedwithLicensor’smarketingpartnersorusedbyLicensor
for any other lawful purpose. By using this Software you consent to the
Licensor’suseofrelateddata,includingpublicdisplayofyourdatasuchas
identicationofyourusercreatedcontentordisplayingyourscores,ranking,
achievements and other gameplay data. If you do not want your information
shared in this manner, then you should not use the Software.
III. WARRANTY
LIMITED WARRANTY: Licensor warrants to you (if you are the initial and
original purchaser of the Software) that the original storage medium holding
the Software is free from defects in material and workmanship under normal
use and service for 90 days from the date of purchase. Licensor warrants to
you that this Software is compatible with a personal computer meeting the
minimum system requirements listed in the Software documentation or that it
hasbeencertiedbythegamingunitproducerascompatiblewiththegaming
unit for which it has been published, however, due to variations in hardware,
software, internet connections and individual usage, Licensor does not warrant
theperformanceofthisSoftwareonyourspeciccomputerorgamingunit.
Licensor does not warrant against interference with your enjoyment of the
Software; that the Software will meet your requirements; that 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 corrected. No oral or written advice provided by Licensor
or any authorized representative shall create a warranty. Because some
jurisdictions do not allow the exclusion of or limitations on implied warranties
or the limitations on the applicable statutory rights of a consumer, some or all
of the above exclusions and limitations may not apply to you.
IfforanyreasonyoundadefectinthestoragemediumorSoftwareduring
the warranty period, Licensor agrees to replace, free of charge, any Software
discovered to be defective within the warranty period as long as the Software
is currently being manufactured by Licensor. If the Software is no longer
available, Licensor retains the right to substitute a similar piece of Software
of equal or greater value. This warranty is limited to the storage medium
and the Software as originally provided by Licensor 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.
Except as set forth above, this warranty is in lieu of all other warranties,
whether oral or written, express or implied, including any other warranty of
merchantability,tnessforaparticularpurposeornon-infringement,andno
other representations or warranties of any kind shall be binding on Licensor.
When returning the Software subject to the limited warranty above, please
sendtheoriginalSoftwareonlytotheLicensoraddressspeciedbelowand
include: your name and return address; a photocopy of your dated sales
receipt; and a brief note describing the defect and the system on which you are
running the Software.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE
OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE
OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE SOFTWAWRE, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
LICENSOR’SLIABILITYFORALLDAMAGES(EXCEPTASREQUIREDBY
APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE
OF THE SOFTWARE.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE
LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY
TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY
IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH
CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
TERMINATION: This Agreement is effective until terminated by you, by the
Licensor, or automatically upon your failure to comply with its terms and
conditions. Upon any termination, you must destroy or return the physical copy
of Software to the Licensor, as well as permanently destroy all copies of the
Software, accompanying documentation, associated materials, and all of its
component parts in your possession or control including from any client server
or computer on which it has been installed.
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
arenotspecicallyenforced,Licensorwillbeirreparablydamaged,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,afliates,contractors,ofcers,directors,employeesandagents
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: 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.
GOVERNING LAW. This Agreement shall be construed (without regard to
conflicts or choice of law principles) under the laws of the State of New York,
as such law is applied to agreements between New York residents entered
into and to be performed within New York, except as governed by federal law.
Unless expressly waived by Licensor in writing for the particular instance or
contrary to local law, the sole and exclusive jurisdiction and venue for actions
related to the subject matter hereof shall be the state and federal courts
locatedinLicensor’sprincipalcorporateplaceofbusiness(NewYorkCounty,
New York, U.S.A.). Both parties consent to the jurisdiction of such courts and
agree that process may be served in the manner provided herein for giving of
notices or otherwise as allowed by New York state or federal law. The parties
agree that the UN Convention on Contracts 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 CONCERNING THIS LICENSE, YOU MAY
CONTACT IN WRITING TAKE-TWO INTERACTIVE SOFTWARE, INC. 622
BROADWAY, NEW YORK, NY 10012.