End-User License Agreement
IMPORTANT — READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement (“EULA”).
ATARI, INC. (“ATARI”) ,AND CD PROJEKT SP. Z O.O. (“CDPROJEKT”)ARE WILLING TO LICENSE THE SOFTWARE (as defined below) TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE (the “License”) AND INDICATE YOUR ACCEPTANCE BY SELECTING “YES”. PLEASE READ THE TERMS CAREFULLY BEFORE SELECTING “YES” TO ACCEPT THE TERMS OF THIS LICENSE.
By selecting “Yes” to accept this License, and/or by loading or running the Software, or placing or copying the Software onto your computer hard drive, computer RAM or other storage, you acknowledge that you have read this License, understand it and agree to be bound by all of its terms and conditions.
By selecting “No” or by otherwise failing to select “Yes” to accept this License, you decline our offer and the terms of this License. If you do not accept the terms of this License, you must immediately (1) not install (or uninstall) or use the Software and any other materials associated with the Software, (2) completely delete all copies of the Software and all related files from your computer and (3) promptly return the Software in its protective covering, all other enclosed materials and the original sales invoice to the place of purchase for a refund or exchange, subject to the return policy of the retailer. If you so decline, any refund by the retailer of the price you paid to use the Software will be your sole and exclusive remedy and our sole and exclusive liability in connection with the Software.
“Software” shall mean the game and all other software contained on this disc or these discs, all updates and/or patches thereto, any accompanying documentation, all on-line components, restricted-access THE WITCHER (“WITCHER”) community websites, and other Atari or CDProjekt game-related services (including all CD and/or DVD-authentication components).
1. Grant of License. The Software is licensed to you, not sold, by Atari and CDProjekt, and its use is subject to this License. Atari and CDProjekt grant to you a limited, personal, non-exclusive right to use the Software in the manner described in the user documentation. If the Software is configured for loading onto a hard drive, you may load the Software only onto the hard drive of a single machine and run the Software from only that hard drive. You may permanently transfer all rights Atari and CDProjekt grant you in this License, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, the CD-authentication key, and any upgrades), and the recipient reads and accepts this License. Atari and CDProjekt reserve all rights not expressly granted to you by this License.
2. Restrictions. Atari, CDProjekt and/or their licensors own the title, copyright, and other intellectual property rights in the Software. The Software contains copyrighted material, trade secrets and other proprietary material. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lend, lease, sublicense, distribute, publicly display, create derivative works based upon the Software or otherwise commercially exploit the Software (including, without limitation, hosting pay-per-play servers). You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
3. Termination. This License is perpetual and may not be terminated except by mutual written agreement of the parties hereto. However, your rights to use the Software, as set forth above: (i) may be terminated by you at any time, by destroying the Software; or (ii) will terminate immediately without notice from Atari or CDProjekt if you fail to comply with any provision of this License (in which event, you must destroy the Software).
4. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and the media are provided “AS IS.” Unless otherwise provided by applicable law, Atari and CDProjekt warrant to the original purchaser of this product that the Software storage medium will be free from defects of materials and workmanship for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication.
5. Disclaimer of Other Content. As a service to you, Atari, and CDProjekt may include with the Software third party drivers and other software utilities intended to assist you with installing and operating the Software (collectively, the “Drivers”). Atari and CDProjekt specifically disclaim any warranties relating to the Drivers, and you agree that your use of the Drivers is at your own risk. The Drivers are not part of the Software and shall not be governed by the terms and conditions of this License except for and to the extent of this disclaimer.
6. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ATARI AND CDPROJEKT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ATARI NOR CDPROJEKT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATARI CDPROJEKT OR ANY ATARI OR CDPROJEKTAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ATARI OR CDPROJEKT (OR THEIR EMPLOYEES OR LICENSORS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ATARI OR CDPROJEKT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL ATARI’S OR CDPROJEKT’S (OR THEIR EMPLOYEES OR LICENSORS) TOTAL LIABILITY TO YOU FOR 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 LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmless Atari, CDProjekt and each of their respective officers, employees, directors, agents, licensors, licensees (excluding you), 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 License, distribution or any use of any Variations, and/or any other use of the Software. You agree that your unauthorized use of the Software, or any part thereof, may immediately and irreparably damage Atari, CDProjekt or both of them such that neither Atari nor CDProjekt could be adequately compensated solely by a monetary award and that at Atari’s or CDProjekt’s option, Atari and/or CDProjekt 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 without the necessity of Atari or CDProjekt posting bond or other security. Your obligations set forth in this Section shall survive the cancellation or termination of this License.
9. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CONTROLLING U.S. FEDERAL LAW AND THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL BE IN NEW YORK COUNTY, NEW YORK, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN NEW YORK COUNTY, NEW YORK FOR ANY SUCH LITIGATION.
10. Export Controls. You acknowledge that the Software and related technical data and services (collectively “Controlled Technology”) may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. The Software is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
11. Miscellaneous. Nothing herein shall be deemed to supercede or derogate from Atari’s or CDProjekt’s, remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you, Atari and CDProjekt with respect to the use of the Software and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.