THQ Inc. Software License Agreement 1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE ON YOUR PERSONAL COMPUTER. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY "YOU") ON THE ONE HAND, AND THQ INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY REFERRED TO AS "THQ") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ENTITLED "S.T.A.L.K.E.R.: SHADOW OF CHERNOBYL," WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC DOCUMENTATION (TOGETHER CALLED THE "SOFTWARE"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (OR, IN THE EVENT YOU HAVE PURCHASED THE SOFTWARE AS CONTAINED ON A CD-ROM, BY OPENING THE PACKAGING MATERIALS THEREOF), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE SOFTWARE IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND DELETE ALL COPIES IN YOUR POSSESSION. 2. THQ grants you a non-exclusive, non-transferable license to use one copy of the Software in the country in which you acquired the Software for your own personal, non-commercial use, but retains all property rights in the Software and all copies thereof. All other rights are expressly reserved by THQ. You may: (i) use the Software on any supported computer configuration, provided the Software is used on only one (1) such computer; and (ii) permanently transfer the Software and its documentation to another user provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not transfer, distribute, rent, sub-license, or lease the Software or documentation, except as provided herein; or alter, modify, or adapt the Product or documentation, or any portions thereof. 3. You acknowledge that the Software in source code form remains a confidential trade secret of THQ. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4. OWNERSHIP: All right, title and interest and intellectual property rights in and to the Software (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and "applets," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by THQ or its licensors. This Agreement grants you no rights to use such content other than as part of the Software. All rights not expressly granted under this Agreement are reserved by THQ. 5. This Agreement is effective upon your installation of the Software and shall continue until revoked by THQ or until you breach any term hereof; upon termination you agree to destroy and/or delete all copies of the Software in your possession. 6. You shall not modify the Software or merge the Software into another computer Program (except to the extent the Software is made to operate within a computer operating system and in connection with other computer program) or create derivative works based upon the Software. 7. The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If you do not meet these criteria or are not sure, do not install the software and destroy any copies in your possession. If you live in such a country, no license is granted hereunder. 8. You are responsible for assessing your own computer and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THQ AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SOFTWARE. THQ AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY THQ, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS. THQ and its licensors make no warranty with respect to any related software or hardware used or provided by THQ in connection with the Software except as expressly set forth above. 9. LIMITED CD-ROM WARRANTY: Notwithstanding anything to the contrary contained herein, and solely with respect to Software distributed on CD-ROM, THQ warrants to the original consumer purchaser of this Software on CD-ROM that the recording medium on which the Software 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, THQ 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 Software is still being manufactured by THQ. In the event that the Software is no longer available, THQ retains the right to substitute a similar Software of equal or greater value. This warranty is limited to the recording medium containing the Software as originally provided by THQ 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. To receive warranty service in the United States: Notify the THQ Customer Service Department of the problem requiring warranty service by calling (818) 880-0456 or on the web at http://www.thq.com. If the THQ service technician is unable to solve the problem by phone or on the web via e-mail, the technician will authorize you to return the Product, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof-of-purchase within the ninety (90) day warranty period to: THQ Inc., Customer Service Department, 29903 Agoura Road, Agoura Hills, CA 91301. To receive warranty service in the United Kingdom: Notify the THQ (UK) Limited. Customer Service Department of the problem requiring warranty service by calling +44 (0) 870 608 0047 (national/international call rates apply) or on the web at http://www.thq.co.uk and click on Help. If the THQ (UK) Limited., service technician is unable to solve the problem by phone or on the web via e-mail, the technician will authorize you to return the Product, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof-of-purchase within the ninety (90) day warranty period to: THQ (UK) Limited., Customer Service Department, Duke?s Court, Duke Street, Woking, Surrey GU21 5BH UK. THQ is not responsible for unauthorized returns of the Software and reserves the right to send such unauthorized returns back to customers. This warranty shall not be applicable and shall be void if: (a) the defect in the Software has arisen through abuse, unreasonable use, mistreatment or neglect; (b) the Software is used with computer software and hardware not meeting the minimum systems requirements for the Software; (c) the Software is used for commercial purposes (including rental); (d) the Software is modified or tampered with; or (e) the Software's serial number has been altered, defaced or removed. THQ will replace defective media at no charge subject to the conditions set forth above. This is your sole and exclusive remedy for any breach of warranty. 10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THQ AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY THQ OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SOFTWARE. THQ AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THQ'S AND ITS LICENSORS? ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES THQ'S AND ITS LICENSORS? LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 11. INJUNCTION. Because THQ would be irreparably damaged if the terms of this License Agreement were not specifically enforced, you agree that THQ 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 THQ...
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