| |
| YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE |
| INSTALLING THIS VALVE PRIMARY SERVER, v.4.1.0.9 (WINDOWS) / v.3.1.0.9 |
| (LINUX). BY INSTALLING OR OTHERWISE USING THIS SOFTWARE PROGRAM, YOU AGREE |
| TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS |
| OF THIS AGREEMENT, CLICK THE CANCEL BUTTON BELOW AND DO NOT INSTALL THIS |
| SOFTWARE PROGRAM. |
| |
| This Valve Primary Server, v.4.1.0.9 (Windows) / v.3.1.0.9 (Linux) software |
| program, including any electronic documentation (collectively, the |
| "Program"), any printed materials, and any and all copies of such Program |
| and materials are the copyrighted work of Valve, L.L.C. and/or its wholly |
| owned subsidiaries, or its suppliers or licensors. All rights are reserved, |
| except as expressly stated below. Your use of the Program is governed by the |
| terms of the End User License Agreement provided below ("License |
| Agreement"). The Program is solely for use by end users according to the |
| terms of the License Agreement. Any use, reproduction or redistribution of |
| the Program not in accordance with the terms of the License Agreement is |
| expressly prohibited. |
| END USER LICENSE AGREEMENT |
| |
| 1. Limited Use License. Valve, L.L.C ("Valve") hereby grants, and |
| by installing the Program you thereby accept, a limited, non-exclusive |
| license and right to: |
| (a) install and use the Program on an unlimited number of computers |
| for the purpose of hosting online multiplayer games of Half-Life and other |
| Valve computer games based on the Valve 1 Engine (as defined below); and |
| (b) reproduce and distribute exact copies of the Program without |
| charge, in the same form and with all associated files that the Program is |
| received by Licensee pursuant to this Agreement, provided that Licensee |
| will: (1) distribute copies of the Program only in object code format; (2) |
| only distribute copies of the Program with this Agreement included and |
| subject to the receiving party agreeing to the terms of this Agreement; and |
| (3) preserve in all copies of the Program all copyright and legal notices |
| that are attached to the copy of the Program received by Licensee pursuant |
| to this Agreement. |
| The "Valve 1 Engine" means the computer game engine on which Half-Life is |
| based. The Program is licensed, not sold. Your license confers no title or |
| ownership in the Program. |
| 2. Ownership. All title, ownership rights and intellectual property |
| rights in and to the Program and any and all copies thereof (including but |
| not limited to any titles, computer code, themes, objects, characters, |
| character names, stories, dialog, catch phrases, locations, concepts, |
| artwork, animations, sounds, musical compositions, audio-visual effects, |
| methods of operation, moral rights, any related documentation, and "applets" |
| incorporated into the Program) are owned by Valve or its licensors. The |
| Program is protected by the copyright laws of the United States, |
| international copyright treaties and conventions and other laws. All rights |
| are reserved. The Program contains certain licensed materials and Valve's |
| licensors may protect their rights in the event of any violation of this |
| Agreement. |
| 3. Responsibilities of End User. |
| A. Subject to the license grant above, you may not, in whole |
| or in part, copy, photocopy, reproduce, translate, reverse engineer, derive |
| source code, modify, disassemble, decompile, or create derivative works |
| based on the Program, or remove any proprietary notices or labels on the |
| Program without the prior consent, in writing, of Valve. |
| B. The Program is licensed to you as a single product. Its |
| component parts may not be separated for use on more than one computer. |
| C. You are entitled to use the Program for use in hosting |
| online multiplayer games of Half-Life and other Valve computer games based |
| on the Valve 1 Engine, but you are not entitled to sell, grant a security |
| interest in or transfer reproductions of the Program to other parties in any |
| way, nor to rent, lease or license the Program to others without the prior |
| written consent of Valve. |
| D. If you wish to operate a game server using the Program, |
| you will be solely responsible for procuring any Internet access, bandwidth, |
| or hardware for such activities and will bear all costs associated |
| therewith. |
| 4. No Transfer. You may not transfer or assign this License |
| Agreement or any of your rights or obligations under this License Agreement. |
| 5. Termination. Any license agreement to which you may have |
| previously agreed that governs your use of prior versions of the Program is |
| hereby terminated. This License Agreement is effective until the earlier of |
| (i) termination of this License Agreement by you or Valve or (ii) the public |
| release of a new version of the Program. You may terminate the License |
| Agreement at any time by destroying all copies of the Program in your |
| possession. Valve may, at its discretion, terminate this License at any time |
| upon notifying you of such termination. In such event, you must immediately |
| destroy the all copies of the Program in your possession. The provisions of |
| Sections 2, 5, and 8-12 will survive any termination of the Agreement. |
| 6. Updates; New Versions. Valve may, in its sole discretion, |
| provide updates or new versions of the Program in the future. Valve may |
| provide such updates or future versions subject to a separate license, which |
| may by its terms terminate this license pursuant to Section 5. |
| 7. Export Controls. You agree to comply with all applicable laws, |
| regulations, rulings and executive orders of any governmental authority |
| relating to the exportation or importation of Program, including but not |
| limited to the export and destination control regulations for U.S. goods. |
| The Program may not be re-exported, downloaded or otherwise exported into |
| (or to a national or resident of) any country to which the U.S. has |
| embargoed goods, including without limitation Cuba, Iran, Iraq, Libya, North |
| Korea, Sudan, and Syria, or to anyone on the U.S. Treasury Department's list |
| of Specially Designated Nationals or the U.S. Commerce Department's Table of |
| Denial Orders. By installing the Program, you are agreeing to the foregoing |
| and you are representing and warranting that you are not located in, under |
| the control of, or a national or resident of any such country or on any such |
| list. |
| 8. No Warranties. The entire risk arising out of use or performance |
| of the Program remains with you. THE PROGRAM IS PROVIDED "AS IS," WITHOUT |
| WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT |
| LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A |
| PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT |
| THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE |
| AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. Some |
| states do not allow the exclusion or limitation of implied warranties, so |
| the above limitations may not apply to you. |
| 9. Limitation of Liability. VALVE SHALL NOT BE LIABLE TO YOU, OR TO ANY |
| PERSON ACCESSING ONLINE GAMEPLAY HOSTED BY YOU, IN ANY WAY FOR LOSS OR |
| DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE PROGRAM, (INCLUDING |
| WITHOUT LIMITATION, YOUR HOSTING OF ONLINE MULTIPLAYER GAMES OF HALF-LIFE OR |
| OTHER COMPUTER GAMES BASED ON THE VALVE 1 ENGINE), INCLUDING, BUT NOT |
| LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
| MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT |
| OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF VALVE HAS BEEN |
| ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, VALVE SHALL NOT BE |
| LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS, |
| STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT |
| VALVE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF ONLINE |
| GAMEPLAY THAT YOU HOST, INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, |
| SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS |
| OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some states do not allow the |
| exclusion or limitation of incidental or consequential damages, so the above |
| limitations may not apply. |
| 10. Equitable Remedies. You hereby agree that Valve would be |
| irreparably damaged if the terms of this License Agreement were not |
| specifically enforced, and therefore you agree that Valve shall be entitled, |
| without bond, other security, or proof of damages, to appropriate equitable |
| remedies with respect to breaches of this License Agreement, in addition to |
| such other remedies as Valve may otherwise have available to it under |
| applicable laws. In the event any litigation is brought by either party in |
| connection with this License Agreement, the prevailing party in such |
| litigation shall be entitled to recover from the other party all the costs, |
| attorneys' fees and other expenses incurred by such prevailing party in the |
| litigation. |
| 11. Limitations on License. Nothing in this License Agreement shall |
| preclude you from making or authorizing the making of another copy or |
| adaptation of the Program provided, however, that (1) such new copy or |
| adaptation is created as an essential step in your utilization of the |
| Program in accordance with the terms of this License Agreement and for NO |
| OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes |
| ONLY and all archival copies are destroyed in the event of your transfer of |
| the Program, the termination of this Agreement or other circumstances under |
| which your continued use of the Program ceases to be rightful. |
| 12. Miscellaneous. This License Agreement shall be deemed to have |
| been made and executed in the State of Washington and any dispute arising |
| hereunder shall be resolved in accordance with the law of Washington. You |
| agree that any claim asserted in any legal proceeding by you against Valve |
| or its licensors shall be commenced and maintained in any state or federal |
| court located in King County, Washington having subject matter jurisdiction |
| with respect to the dispute between the parties. This License Agreement may |
| be amended, altered or modified only by an instrument in writing, specifying |
| such amendment, alteration or modification, executed by both parties. In the |
| event that any provision of this License Agreement shall be held by a court |
| or other tribunal of competent jurisdiction to be unenforceable, such |
| provision will be enforced to the maximum extent permissible and the |
| remaining portions of this License Agreement shall remain in full force and |
| effect. This License Agreement constitutes and contains the entire agreement |
| between the parties with respect to the subject matter hereof and supersedes |
| any prior oral or written agreements. |
| You hereby acknowledge that you have read and understand the foregoing |
| License Agreement and agree that the action of installing the Program is an |
| acknowledgment of your agreement to be bound by the terms and conditions of |
| the License Agreement contained herein. You also acknowledge and agree that |
| this License Agreement is the complete and exclusive statement of the |
| agreement between Valve and you with regard to the subject matter hereof and |
| that the License Agreement supersedes any prior or contemporaneous |
| agreement, either oral or written, and any other communications between |
| Valve and you regarding the subject matter hereof. |