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MASSACHUSETTS INSTITUTE OF TECHNOLOGY
END-USER LICENSE AGREEMENT
FOR MIT GAME LAB SOFTWARE
Redistribution Not Permitted
© 2012 Massachusetts Institute of Technology. All rights reserved.
THIS SOFTWARE IS BEING LICENSED FREE OF CHARGE FOR DEMONSTRATIONAL
AND NON-COMMERCIAL PURPOSES ONLY
The Massachusetts Institute of Technology ("MIT"), a non-profit
institution of higher education, agrees to make the downloadable
software and documentation, if any, (collectively, the "Software")
available to you without charge for demonstrational and
non-commercial purposes, subject to the following terms and
conditions.
Internal Use License. MIT hereby grants to you a
non-transferable, nonexclusive royalty-free license (without any
right to sublicense or distribute) to use the Software in
machine-readable, object code form only and only as authorized in
this License Agreement. You may use the Software on any single
computer; use the Software on a second computer so long as the
primary user of each copy is the same person and more than one
copy is not simultaneously used; or copy the Software for archival
purposes, provided any copy must contain all of the proprietary
notices on the original Software. Neither concurrent use on two or
more computers nor use in a local area network or other network is
permitted, except as required by the game to function in a
multiplayer environment provided that all users have their own
separate authorization.
Restrictions. You may not modify, translate, reverse engineer,
decompile, disassemble, or create derivative works based on the
Software. You may not copy the Software, except as specified
above. You may not sublicense, rent, lease, or otherwise transfer
rights to the Software. You may not remove any proprietary notices
or labels on the Software.
No Other Rights. MIT claims and reserves title to the Software
and all rights and benefits afforded under any available United
States and international laws protecting copyright and other
intellectual property rights in the Software. Nothing herein shall
be construed to limit the rights of MIT and its licensees to use,
modify, adapt, or enhance the Software, or any derivative works
based on the Software, for their own purposes. Nothing herein
shall be construed to expand your rights with respect to the
Software beyond those rights expressly granted you in paragraph 1.
Termination. This License Agreement is effective upon your
expressing agreement by clicking the "Agree" button below, or for
instances when no button is present or otherwise disabled, when
installing and using the software accompanying this license. This
license will terminate automatically if you fail to comply with
the limitations described above. On termination, you must
uninstall and/or destroy all copies of the Software.
Export Controls. You acknowledge that export of the Software
may be subject to compliance with various laws, rules, and
regulations that restrict the export of certain products and
technical data. If you are within the United States, you represent
that you will not export the Software outside of the United
States, either directly or indirectly. If you are outside the
United States, and if the Software is subject to U.S. export
control restrictions, you are only allowed to obtain the Software
in strict compliance with any applicable restrictions. If these
restrictions are not observed, this license shall be null and
void, and you shall immediately return or destroy the Software and
all copies.
Disclaimer of Warranty. You accept the Software on an "AS IS"
basis. MIT MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE
SOFTWARE, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MIT has no
obligation to assist in your installation or use of the Software
or to provide services or maintenance of any type with respect to
the Software. The entire risk as to the quality and performance of
the Software is borne by you. You acknowledge that the Software
may contain errors or bugs. You must determine whether the
Software sufficiently meets your requirements. This disclaimer of
warranty constitutes an essential part of this Agreement.
No Consequential Damages; Indemnification. IN NO EVENT SHALL
MIT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT. To the extent permitted by applicable law, you agree to
indemnify, defend, and hold harmless MIT and its directors,
officers, representatives, employees, and agents against all
losses, expenses (including without limitation any legal
expenses), claims, demands, suits, or other actions arising from
your use of the Software, except to the extent caused by the gross
negligence or willful misconduct of MIT.
Miscellaneous. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be modified
only to the extent necessary to make it enforceable. You may not
assign this Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of
Massachusetts irrespective of any conflicts of law principles. You
agree that any legal action arising out of or in connection with
this Agreement shall be brought in the state or Federal courts, as
appropriate, in Suffolk County, Massachusetts. The applicability
of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
U.S. Government Restricted Rights. The Software and related
documentation are "Commercial Items", as that term is defined at
48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are
used in 48 C.F.R. §52.227-19 or 48 C.F.R. §227.7202. Consistent
with 48 C.F.R. §52.227-19 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to
U.S. Government end users: (a) only as Commercial Items; and (b)
with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
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