THE CODEMASTERS SOFTWARE COMPANY LIMITED END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY ONRUSH™ (the “Game”)
IF YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “ACCEPT” to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “DECLINE” and a licence will not be granted to you by Codemasters in respect of the Game and you will not be able to play the Game.
The Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
LIMITED USE LICENSE. Codemasters grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
Furthermore you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
CODEMASTERS MAY REVOKE YOUR LICENSE TO ACCESS EGONET, RACENET, AND/OR THE GAME IF YOU VIOLATE OR ASSIST OTHERS IN VIOLATING, THE LICENSE LIMITATIONS SET FORTH BELOW. YOU AGREE TO ONLY USE EGONET, RACENET AND/OR THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
GAME UPDATES AND PATCHES. From time to time Codemasters may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Codemasters may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Codemasters the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
ANALYTICS. We want to offer you the best gameplay experience as possible and we are constantly striving to improve our products. To help us achieve this we sometimes collect data relating to how you play the game, including what actions you take or selections you make, how long you play for and the performance of our online systems when you connect. This data is anonymised and is only kept for a reasonable period for analysis.
LIMITED WARRANTY. Use of the Game and the media on which it is recorded is at your sole risk. Codemasters warrants to the original consumer purchaser of the Game that where the Game is purchased as a packaged product rather than via digital download the recording medium on which the Game is recorded will be free from defects in material and workmanship for 90 days from the date of purchase (the ‘Limited Warranty’). If a defect covered by the Limited Warranty occurs within 90 days of original purchase, Codemasters agrees to replace, free of charge, such packaged product within such period upon its receipt of the packaged product, postage paid, with proof of the date of purchase, as long as the Game is still being manufactured by Codemasters. In the event that the Game is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Codemasters and is not 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, THE GAME IS PROVIDED ‘AS IS’ AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.
When returning the packaged product version of the Game for warranty replacement please send the original manual and any other accompanying documentation only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Game.
LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
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 Codemasters, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘License Restrictions’, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous shall survive any termination of this Agreement.
INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters 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 Codemasters may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold harmless Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game 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 governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, Codemasters Campus,
Stoneythorpe, Warwickshire, CV47 2DL, United Kingdom.
Tel: +44 1926 816000 Fax: +44 1926 817595