SOFTWARE LICENSE AGREEMENT
1. Limited Use License.
Subject to the conditions described below, Konami Digital Entertainment Co., Ltd., affiliates and related companies of Konami Digital Entertainment Co., Ltd. (“Konami”) grant you the non-exclusive, non-transferable, limited right and license to install and use one copy of this program (“Program”) solely and exclusively for your personal use. Program includes all software included with this Software Licence Agreement (“Agreement”), the associated media, any printed materials, and any online or electronic documentation. By opening this package, installing, and/or using this Program and any software programs included within, you accept the terms of this Agreement. All rights not specifically granted under this Agreement are reserved by Konami and, as applicable, Konami’s licensors. This program is licensed, not sold, for your use. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program. If you do not agree to the terms of the Agreement, please return the unused software with its complete packaging and proof of purchase, within 30 days of purchase, to the store where you purchased the software for a refund.
2. License Conditions.
Any other use of this Program including selling, leasing, renting, copying lending or otherwise distributing, transmitting or transferring in contravention of the above license is in breach of Konami’s rights and, as applicable, Konami’s licensors. You shall not reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program. Also, you shall not use the Program or permit the use of the Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as provided by this Program. Export or re-export of this Program or any copy or adaptation in violation of any applicable laws or regulations of the government of the jurisdiction where the Program is sold or used is prohibited.
All title, ownership rights and intellectual property rights in and to this Program and any all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation incorporated into this Program) are owned by Konami or Konami’s licensors. This Program is protected by the copyright laws of the jurisdiction where the Program is sold or used, international copyright treaties and conventions and other laws. This Program contains certain licensed materials and Konami’s licensors may protect their rights in the event of any violation of this Agreement.
4. Limited Warranty.
Konami warrants to the original consumer purchaser of this Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 30 days from the date of purchase. If the recording medium is found defective within 30 days of original purchase, Konami agrees to replace, free of charge, any product discovered to be defective within such period upon its receipt of the Product, postage paid, with proof of the date of purchase, as long as the Program is still being manufactured by Konami. In the event that the Program is no longer available, Konami retains the right to pay back the price of the Program. This warranty is limited to the recording medium containing the Program as originally provided by Konami 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 30-day period described above. EXCEPT AS SET FORTH ABOVE AND REQUIRED UNDER THE LAWS OF THE JURISDICTION WHERE THE PROGRAM IS SOLD, THIS WARRANTY IS IN LIEU OF ALL OTHER TERMS, WARRANTIES OR CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED TERM, WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE Konami.
When returning the Program for warranty replacement, please send the original product disc only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and address clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you were running the Program.
Please send to:
the address of the Customer Service
for the Program described in the manual.
5. LIMITATION ON DAMAGES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL KONAMI 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, DAMAGES FOR PERSONAL INJURIES, EVEN IF KONAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF PERMITTED BY LAW, KONAMI’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify, defend and hold Konami, its partners, licensors, 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 Program pursuant to the terms of this Agreement.
Because Konami would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Konami shall be entitled, without bond, other security or proof of damages, to appropriate remedies including obtaining an interim injunction with respect to breaches of this Agreement, in addition to such other remedies as Konami may otherwise have under applicable laws.
If any provision of this Agreement is held to be invalid, unlawful or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it valid, lawful or enforceable and the remaining provisions of this Agreement shall not be affected.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.