END USER LICENCE AGREEMENT
PLEASE READ END USER LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING OR DOWNLOADING THE TRIAL VERSION OF THE GAME. AT THE END OF THIS AGREEMENT YOU WILL BE ASKED TO ACCEPT THE AGREEMENT AND CONTINUE THE INSTALLATION PROCESS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU WILL NOT BE PERMITTED TO USE THE GAME.
This End User Licence Agreement (âAgreementâ) relates to the games, the installer program and related documentation (âThe Gameâ). The Game shall also include any upgrades, modified versions or updates of The Game.
By clicking "I Agree" on the button below (or with respect to the installer, by clicking "I AGREE" and the button "NEXT"), you signify your agreement to the terms of this Agreement, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to the terms of this Agreement, click "CANCEL" and DO NOT download or install The Game.
THIS AGREEMENT ALSO APPLIES TO THE USE OF THE GAME ON ANY COMPUTER TO WHICH THE GAME IS DOWNLOADED OR INSTALLED. PLEASE READ THEM CAREFULLY. By using The Game on such a computer, you signify your agreement to the terms of this Agreement, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to the terms of this Agreement and you own or control the medium on which The Game is stored, you must uninstall and erase The Game from the computer memories and storage devices, and destroy all materials obtained from The Game and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise.
For future reference you should print out a copy of this Agreement.
By continuing to retain a copy of The Game and/or your continued use of The Game following the posting of changes to this Agreement will mean you accept those changes.
1. General. The Game and all software, documentation and any content accessed through The Game software you are about to download or install are protected by international laws, including copyright laws and treaties. Walt Disney Internet Group, Buena Vista Internet Group, The Walt Disney Company Limited, The Walt Disney Company, Disney Enterprises, Inc., their respective affiliates, and their respective licensors (collectively, "Disney " or "We," "us" or "our") own all right, title and interest to The Game. Except for the specific rights licensed to you hereunder, Disney reserves all of its rights to The Game. The mark "Disney" (and related logos) are trademarks or service marks of Disney and/or its affiliates.
2. Title Not Transferred. This Agreement does not transfer title to The Game to you. This is a license agreement and not an agreement for sale or ownership. The rights granted herein are limited to certain of Disney's and its licensors' rights and do not include any other patents or other intellectual property rights. As between you and Disney, Disney and its licensors retain full and complete title to The Game and all intellectual property rights therein.
3. Licence and Restrictions. Disney hereby grants you, free of charge, a non-exclusive licence to install and use one copy of The Game on a single computer (or one copy on each computer you use) for personal, non-commercial use only. You may make one copy of The Game for your own personal back-up purposes only. You may not make The Game available over a network where it could be used on multiple computers simultaneously.
Disney may configure The Game with certain tags that identify the version of The Game being used on your computer and which permit Disney to update this version without further notice to you. Disney shall have the right to poll your computer for the purpose of installing updated versions of The Game or to uninstall such versions automatically. Disney shall also have the right to poll your computer to check that you have the correct licence to use The Game including when moving from a trial to a long-term use arrangement.
You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy The Game; (ii) modify, translate or create derivative works based on The Game; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Game to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create software that incorporates The Game. WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR YOUR RIGHT TO MAKE ONE COPY OF THE GAME FOR YOUR OWN PERSONAL BACK-UP PURPOSES ONLY, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that The Game is not intended for use in connection with any high risk or strict liability activity and Disney makes no warranty and shall have no liability in connection with the use of The Game in any such situations.
4. No Warranty. THE GAME (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNEY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE GAME OR ANY CONTENT ACCESSIBLE THROUGH THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE GAME WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH THE GAME IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISNEY OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND.
To the extent The Game offers any search features, you acknowledge that some content may not always be accessible. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
5. Indemnification. You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
6. Limitation on Liability. Except if we cause death or personal injury through our negligence, we shall not be responsible for loss or damage to your computer hardware or software or other personal property or any other losses which you suffer as a result of installing and operating The Game unless this is due to our neglect or failure to take reasonable precautions and such losses are reasonably foreseeable. We strongly recommend that you (a) take care to ensure the suitability and compatibility of The Game with your computer system prior to installation; and (b) take reasonable precautions to protect yourself against harmful programs or devices including through installation of anti-virus software.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction. Unless otherwise expressly specified, The Game (and any content) is presented solely for the purpose of promoting programs, films, and other products available in the United Kingdom and its territories, possessions, and protectorates. We make no representation that The Game is appropriate or available for use in any particular location. Those who choose to use The Game do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Termination. This Agreement is effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your use of The Game and any related services or any portion thereof at any time, without notice, which such termination may include an automatic un-install by Disney of The Game from your computer. You may terminate this Agreement at any time by discontinuing use of The Game, erasing The Game from all computer memories and storage devices within your possession or control, and destroying all materials obtained from The Game and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. We reserve the right, in our sole discretion, to terminate your (or any group of users') access to any or all of The Game and the related services or any portion thereof at any time, without notice. Upon termination, you must cease use of The Game, erase The Game from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with The Game and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise.
9. Export. The Game must not be shipped, transferred, exported, downloaded or installed in any country or used in any manner prohibited by international import or export laws, restrictions or regulations.
10. Entire Agreement. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of England and Wales, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein.
(C) 2006 Disney