NOTICE TO USER: PLEASE READ CAREFULLY.
IN ORDER TO PLAY ANY SOFTNYX GAME FROM A PARTICULAR COMPUTER FOR THE FIRST TIME YOU HAVE TO INSTALL CERTAIN SOFTNYX SOFTWARE. BY INSTALLING, USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE SOFTWARE (DEFINED BELOW) DISTRIBUTED THROUGH THE WEB SITE SOFTNYX.NET OR OTHERWISE DISTRIBUTED BYSOFTNYX CO., LTD – “SOFTNYX”. YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"), INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 9; AND LIABILITY IN SECTION 10. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLEAGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Softnyx and its suppliers ("LICENSOR") own all intellectual property in the Software. Licensor permits you to use(defined below) the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Softwaremay be subject to other terms and conditions typically found in a separate license agreement.
1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media as applicable with which this Agreement is provided, including but not limited to (i) Licensor or thirdparty computer information or software; (ii) related explanatory written materials, files or web pages ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Licensor (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality ofthe Software in accordance with the Documentation. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. Software License. Subject to your compliance with the terms of this Agreement, including the restrictions in Section 3, Licensor grants to you a non-exclusive license toUse the Software for the purposes described as follows.
a. General Use. You may install and Use a copy of the Software on your compatible Computers without the limitation in any number of computers exclusively for non commercial entertainment purpose only.
b. No Modification. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer,decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, only if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Licensor to provide the information necessary to achieve such operability and Licensorhas not made such information available. Licensor has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Licensor and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create anysoftware which is substantially similar to the expression of the Software. Requests for information should be directed to the Licensor Customer Support Department.
c. Third Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites,...