Thorgald LeJuste Admin

   Age : 41 Inscrit le : 30 Déc 2007 Messages : 442 Localisation : Bas-Rhin Emploi : Technicien logistique Loisirs : Mmorpg - JDR Feuille de personnage Nationalité: Aquilonien Classe: Conquérant Artisanat: Architecte
| Sujet: License d'utilisation du "Kit Fan Site" Lun 21 Jan - 0:59 | |
| AGE OF CONAN FAN SITE KIT END USER LICENSE AGREEMENT
This End User License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Funcom GmBH and its affiliates and licensors (collectively, "FUNCOM"). BY CONTINUING THE INSTALLATION OF THIS “Age of Conan” FAN SITE TOOLKIT SOFTWARE (the "Software"), BY DOWNLOADING, INSTALLING, OR RUNNING THE SOFTWARE, BY PLACING OR COPYING THE SOFTWARE (OR ANY PORTION THEREOF) ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, AND/OR BY CLICKING THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Failure to agree to any portion of this agreement negates FUNCOM’s offer of limited licensing.
1. GRANT OF RIGHTS. FUNCOM grants to you a non-transferable limited license to download and/or install included graphics, descriptions, and other materials accompanying this Agreement (collectively, the "Materials"), onto a single computer solely for your personal non-commercial use of the Materials on your Fan Site. "Fan Site" shall mean a personal, non-commercial web site, created by you, that is freely accessible to the public. FUNCOM may at any time and in its sole AND ABSOLUTE discretion revoke your right to use the Materials on your Fan Site that are owned by FUNCOM. Any use of Funcom “Fan site” materials must credit Funcom as the respective owner of content and provide a link to http://www.ageofconan.com .
2. PROHIBITIONS. You may not alter any of FUNCOM' trademarks or logos, or alter or remove any of the trademark or copyright notices included in the Materials. Your right to use Materials is limited to the license grant above, and you may not otherwise copy, display, perform, publish, or use any of the Materials. You may not modify, reverse engineer, disassemble, create derivative works from, license, transfer, distribute, or sell any Materials, or use the Materials to further any commercial or unlawful purpose. Without limiting the foregoing, you may not use the Materials to sell advertising, or to promote another product or business. You may not make the Materials available by download from your Fan Site. You will not represent that your Fan Site is endorsed or approved by FUNCOM or that any other content on your Fan Site is endorsed or approved by FUNCOM. If you post the Materials on your Fan Site, you must also post the following notice on your Fan Site: "All Age of Conan materials, logos, trademarks and other intellectual property are the property of FUNCOM, or its licensors. (c) 2007 FUNCOM All rights reserved." Use of images that are considered violent in nature, or that are appropriate only for “Mature” customers may not be utilized on websites geared to children.
3. Intellectual Property Rights.
(a) The Software and the Materials, and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software and Materials are owned by FUNCOM and its licensors and are protected by Swiss, Norwegian and United States copyright laws, international treaty provisions and all applicable laws. . You agree that you are receiving a copy of the Software and Materials by license only and are not purchasing, and shall have no ownership rights in and to the Software and Materials.
(b) By using any of the Materials on your Fan Site, you hereby grant back to FUNCOM an irrevocable
royalty-free right to use and distribute the content of such Fan Site by any means.
4. NO WARRANTIES. FUNCOM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND MATERIALS. FUNCOM DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE OR MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY FUNCOM AND SHOULD NOT BE RELIED UPON. YOU AGREE THAT YOU USE THE SOFTWARE AND MATERIALS AT YOUR OWN RISK. THIS SECTION 4 SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FUNCOM BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE AND MATERIALS, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR MATERIALS, EVEN IF FUNCOM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF FUNCOM TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. This Section 5 shall survive cancellation or termination of this Agreement.
6. REMEDIES. You agree to indemnify, defend and hold harmless FUNCOM and its respective officers, employees, directors, agents, affiliates, licensors, licensees and each of their respective successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of this Agreement and/or your use of the Software and/or Materials. You agree that your unauthorized use or distribution of the Software and/or Materials, or any part thereof, may immediately and irreparably damage FUNCOM such that FUNCOM could not be adequately compensated solely by a monetary award and that at FUNCOM's option FUNCOM shall be entitled to an injunctive order (in addition to all other available remedies including a monetary award) appropriately restraining and/or prohibiting such unauthorized use or distribution without the necessity of FUNCOM posting bond or other security.
7. General Provisions. This Agreement shall be governed by and construed in accordance with controlling U.S. Federal law and the laws of the State of New York, and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and state courts of New York County, New York. If any provision of this Agreement is unenforceable, the rest of it shall remain in effect. This Agreement constitutes the entire agreement between you and FUNCOM with respect to the use of the Software and the Materials and supersedes all prior oral or written communications and representations with respect to the Software, Materials or any other subject matter covered by this Agreement. Failure of FUNCOM to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. Nothing herein shall be deemed to supercede or derogate from FUNCOM's remedies at law for any violation of this Agreement or applicable law. You are solely responsible for knowing and complying with all federal, state, and local laws that may apply to your use of the Software and/or Materials in your own locale. By downloading or installing the Software and the Materials, you warrant that you are not located in any country, or exporting the Software or Materials to any person or place, to which the United States and/or Norway has embargoed goods. You may not assign this Agreement. FUNCOM may assign its rights under this Agreement in its sole discretion. Immediately upon your failure to comply with or breach of any term or provision of this Agreement, THIS AGREEMENT AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND FUNCOM MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is terminated, you shall have no right to use the Software or the Materials in any manner, and you shall immediately destroy all copies of the Software and Materials in your possession, custody or control.
To continue and in order to accept this agreement in full , click here. _________________
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