SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: YOUR USE OF THIS SOFTWARE (THE "PROGRAM") IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE PROGRAMS INCLUDED WITHIN THE PROGRAM, YOU ACCEPT THE TERMS OF THIS LICENSE WITH 5381 PARTNERS LLC dba XS GAMES (“XS GAMES”). THE "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.
LIMITED USE LICENSE: Subject to the conditions described below, XS Games grants the consumer purchaser (“you”) of this license the non-exclusive, non-transferable, limited right and license to install and use one copy of the Program solely and exclusively for personal use. All rights not specifically granted under this Agreement are reserved by XS Games and, as applicable, XS Games’ licensors and partners. The Program is licensed, not sold, for use by you. This license confers no title or ownership in the Program and should not be construed as a sale of any rights in the Program. All rights not specifically granted under this Agreement are reserved by XS Games and, as applicable, its licensors and partners.
You agree not to:
- Exploit the Program or any of its parts commercially, including but not limited to use on any publicly accessible computer capable of installing or operating the Program. XS Games may offer a separate Site License Agreement to permit you to make the Program available for commercial use; see the contact information below.
- Sell, rent, lease, license, publish, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of XS Games.
- Use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any on-line use, except as otherwise specifically provided by the Program.
- Use the Program, or permit use of the Program, on more than one computer, computer terminal, or workstation at the same time.
- Make copies of the Program or any part thereof, except for back up or archival purposes, or make copies of the materials accompanying the Program.
- Copy the Program onto a hard drive or other storage device; you must run the Program from the included Program media (CD-ROM/DVD-ROM) (although the Program may automatically copy a portion of the Program onto your hard drive during installation).
- Reverse engineer, derive source code, modify, decompile, or disassemble the Program, in whole or in part.
- Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
- Export, or re-export the Program or any copy or adaptation thereof in violation of any applicable laws or regulations.
OWNERSHIP: All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof are owned by XS Games or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Program contains certain licensed materials and XS Games’ licensors, affiliates, and partners may protect their rights in the event of any violation of this Agreement. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
LIMITED WARRANTY: XS Games warrants to the original consumer purchaser of the Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium is found defective within 90 days of original purchase, XS Games agrees to replace, free of charge, any product discovered to be defective within such period upon its receipt of the Product, with proof of the date of purchase, as long as the Program is still being manufactured and/or distributed by XS Games. In the event that the Program is no longer available, XS Games retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Program as originally provided by XS Games and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE XS GAMES.
Please contact XS Games, 270 Lafayette Street, Suite 1004, New York, NY 10012, ATT: GAME MANAGEMENT in the event you need warranty service. To process any warranty claim a valid proof of purchase is required.
LIMITATION ON DAMAGES: IN NO EVENT WILL XS GAMES BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF GRIFFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRIFFIN’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION: Without prejudice to any other rights of XS Games, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Program and all of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS: the Program and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is XS Games, 270 Lafayette Street, Suite 1004, New York, NY 10012.
INJUNCTION: Because XS Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that XS Games shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as XS Games may otherwise have under applicable laws.
INDEMNITY: You agree to indemnify, defend and hold XS Games, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under Minnesota law as such law is applied to agreements between Minnesota residents entered into and to be performed within Minnesota, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in Minnesota.
If you have any questions concerning this license, you may contact XS Games, 270 Lafayette Street, Suite 1004, New York, NY 10012, ATTN: GAME MANAGEMENT.
© 2011 XS Games. The XS Games logo is a registered trademark of 5381 Partners, L.L.C. Bass Pro Shops and the Bass Pro Shops logo areregistered trademarks of Bass Pro Intellectual Property, L.L.C. in the United States and other Countries.
Select artwork in-game and on packaging ©Al Agnew®. Courtesy MHS Licensing
Wii and the Wii logo are trademarks of Nintendo. © 2011 Nintendo.