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Manual PC Neverwinter Nights - Kingmaker

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Manual

3. Termination. This License is perpetual and may not be terminated except by mutual written agreement of the parties hereto.

However, your rights to use the Software, as set forth above: (i) may be terminated by you at any time, by destroying the Software; or (ii)

will terminate immediately without notice from Atari or BioWare if you fail to comply with any provision of this License (in which event, you

must destroy the Software).

4. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is

at your sole risk. The Software and the media are provided "AS IS." Unless otherwise provided by applicable law, Atari warrants to the

original purchaser of this product that the Software storage medium will be free from defects of materials and workmanship for ninety

(90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication.

5. Disclaimer of Other User Conduct and Game Play Risks. You agree and acknowledge that an integral feature of Kingmaker

and/or Shadowguard and/or Witches Wake 1 is the ability to play online with other game users. You further agree and acknowledge that

while playing multi-player games, you may be subject to conduct of other users that may impact your own gameplay and characters, or

that you may find objectionable or offensive. Atari and BioWare also specifically disclaim any warranties relating to the conduct of other

users (including in-game, and in game-related forums, chat rooms, etc.), and you agree that neither Atari, BioWare, their assignees or suc-

cessors, nor any of their licensors or suppliers shall in any way be responsible for the conduct of other users.

6. Disclaimer of Other Content. As a service to you, Atari and BioWare may include with the Software third party drivers and other

software utilities intended to assist you with installing and operating the Software (collectively, the "Drivers"). Atari and BioWare specifical-

ly disclaim any warranties relating to the Drivers, and you agree that your use of the Drivers is at your own risk. The Drivers are not part

of the Software and shall not be governed by the terms and conditions of this License except for and to the extent of this disclaimer.

7. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ATARI AND BIOWARE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT. NEITHER ATARI NOR BIOWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL

MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATARI, BIOWARE OR ANY ATARI OR BIOWARE-

AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDIC-

TIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ATARI OR BIOWARE (OR THEIR EMPLOYEES OR

LICENSORS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SOFTWARE,

INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ATARI OR BIOWARE HAS BEEN ADVISED

OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL ATARI’S OR BIOWARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES

AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 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.

9. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmless Atari, BioWare, and each of their respective offi-

cers, employees, directors, agents, licensors, licensees (excluding you), successors and assigns from and against all losses, lawsuits, dam-

ages, causes of action and claims relating to and/or arising from your breach of this License, distribution or any use of any Variations,

and/or any other use of the Software. You agree that your unauthorized use of the Software, or any part thereof, may immediately and

irreparably damage Atari, BioWare, or both of them such that neither Atari nor BioWare could be adequately compensated solely by a

monetary award and that at Atari’s or BioWare’s option, Atari and/or BioWare shall be entitled to an injunctive order, in addition to all

other available remedies including a monetary award, appropriately restraining and/or prohibiting such unauthorized use without the

necessity of Atari or BioWare posting bond or other security. Your obligations set forth in this Section shall survive the cancellation or ter-

mination of this License.

10. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CONTROLLING U.S.

FEDERAL LAW AND THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRU-

DENCE. THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL BE IN NEW YORK COUNTY, NEW

YORK, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN NEW YORK COUNTY, NEW YORK FOR ANY SUCH LITIGATION.

11. Miscellaneous. Nothing herein shall be deemed to supercede or derogate from Atari’s or BioWare’s remedies at law for any viola-

tion of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License con-

stitutes the entire agreement between you, Atari, and BioWare with respect to the use of the Software and the support services (if any) and

supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other sub-

ject matter covered by this License.

Neverwinter Nights, Shadows of Undrentide, Hordes of the Underdark, Forgotten Realms and the Forgotten Realms logo,

Dungeons & Dragons, D&D and the Dungeons & Dragons logo, and Wizards of the Coast and its logo are trademarks of

HASBRO and its logo are trademarks of Hasbro and are used with permission.

BioWare, the BioWare Aurora Engine and the BioWare logo are trademarks of BioWare Corp. BioWare Aurora Engine (c)

Windows and DirectX are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or

other countries. Pentium is a trademark or registered trademark of Intel Corporation or its subsidiaries in the United States

property of their respective owners.

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Kingmaker_ManInt 8/22/05 7:56 PM Page 10

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