END-USER LICENSE AGREEMENT FOR “AGE OF MYTHOLOGY®— ADDITIONAL CONTENT FILES”
IMPORTANT—READ CAREFULLY: This Microsoft End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT may only be used in conjunction with Microsoft’s “Age of Mythology” computer game. By accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the SOFTWARE PRODUCT.
Software PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
· Applications Software. You may only install, access, and run (“RUN”) one copy of the SOFTWARE PRODUCT, for the same operating system, on a single personal computer, (“COMPUTER”) for your personal, noncommercial use and solely in conjunction with Microsoft’s “Age of Mythology” computer game. If not prevented by copy protection technology, the primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive and personal noncommercial use on a portable computer solely in conjunction with Microsoft’s “Age of Mythology” computer game.
Editors. f the SOFTWARE PRODUCT contains a software Editor, or a software Editor is made available to you by Microsoft for use with the SOFTWARE PRODUCT, 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 PRODUCT 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. Microsoft does not grant you the right to sell or otherwise distribute files from the SOFTWARE PRODUCT in exchange for value.
· Storage/Network Use. If not prevented by copy protection technology, you may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
· Reservation of Rights. All rights not expressly granted are reserved by Microsoft.
2. MULTIPLAYER PLAY. This SOFTWARE PRODUCT may contain features that allow you to play the SOFTWARE PRODUCT with other players over a network or the Internet (“Multiplayer Play”). By using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may generate, store and transmit certain information that identifies your COMPUTER to other computers for purposes of Multiplayer Play. You also agree that the SOFTWARE PRODUCT may continue to generate, store and transmit such game information as necessary while engaged in Multiplayer Play. You agree that Multiplayer Play is not supervised or otherwise under the control of Microsoft or its agents. You acknowledge and agree that Microsoft and its agents have no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or other information or data you may create, encounter or receive, including chat, while you are engaged in Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time without notice to you.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Not for Resale Software. If the SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
· Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
· Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.
· Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
· Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in “online” documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
· Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
· Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
6. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
7. COPY PROTECTION. The SOFTWARE PRODUCT may require the original media for use of the SOFTWARE PRODUCT on the COMPUTER and/or employ copy protection technology to prevent the unauthorized copying of the SOFTWARE PRODUCT. It is illegal to make unauthorized copies of the SOFTWARE PRODUCT or circumvent any copy protection technology employed in the SOFTWARE PRODUCT.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
9. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
MISCELLANEOUS
This EULA is governed by the laws of the State of Washington.
DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind. Microsoft and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Microsoft has been advised of the possibility of such damages. In any case, Microsoft’s entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
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