full, registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any
libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of
any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v)
may not be commercially exploited by you, including but not limited to making such Variations available for sale or as
part of a pay-per-play or timesharing service.
TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This
EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this
EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. The Software
and media are supplied “AS IS.” Unless otherwise provided by applicable law, the Company warrants to the original
purchaser of this product that the Software storage medium will be free from defects in materials and workmanship
under normal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through
accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and
exclusive remedy, obtain a replacement free of charge if you return the defective Software. Follow the Product Return
Procedures described in the Manual. The Company does not warrant that the Software or its operations or functions
will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WAR-
RANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-
NESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WAR-
RANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REP-
RESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDIC-
TIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCI-
DENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHAT-
SOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY,
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELAT-
ED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED
REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSE-
QUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFT-
WARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of the United States of America and the State of New York, exclusive of its conflicts
of law provisions. The exclusive venue for litigation regarding or arising from this EULA is New York County, New
York and you agree to submit to the Jurisdiction of the courts of New York County, New York for any such litigation.
MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be sev-
ered from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.
23
END-USER LICENSE AGREEMENT
IMPORTANT — READ CAREFULLY: Please be sure to carefully read and understand all of the rights and
restrictions described in this End-User License Agreement (“EULA”).
AGREEMENT
This document is an agreement between you and Atari, Inc. and its affiliated companies (“Company”). The enclosed
software game disc(s), cartridge or Game Pak (“Software”) and any accompanying printed materials are licensed to you
only on the condition that you accept all of the terms contained in this EULA.
By opening this package and installing or otherwise using the Software you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA you may not install or use the Software and within 15 days of pur-
chase you must call the Tech Support telephone number listed in the manual accompanying the Software (the
“Manual”). Select the Automated Phone System’s Main Menu option for Consumer Services and follow the prompts.
You will be given a Return Merchandise Authorization number (RMA #) by the technician. You then have 15 days from
the date of this contact to return the Software in its protective covering, the Manual and the original sales invoice to
the address supplied to you.
If this is a PC product, when you install the Software you will be asked to review and either accept or not accept the
terms of the EULA by clicking the “I Accept” button. By clicking the “I Accept” button you acknowledge that you have
read the EULA, understand it and agree to be bound by its terms and conditions.
COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property
laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs,
animations, video, music, text and “applets” incorporated into the Software) and any printed materials accompanying
the Software are owned by the Company or its Licensors.
GRANT OF LICENSE
The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you a limited,
personal, non-exclusive license to use the Software in the manner described in the user documentation. The Company
reserves all rights not expressly granted to you in this EULA.
PERMITTED USES
1. If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original
and copy of the Software are kept in your possession.
3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the
Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads
and accepts this EULA.
RESTRICTIONS
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompany-
ing printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based
on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this
Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a
network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy
in the event it’s destroyed or becomes defective.
EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”),
you may use such Editor to create modifications or enhancements to the Software, including the construction of new
levels (collectively the “Variations”), subject to the following restrictions. Your Variations: (i) must only work with the
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