The Sims Transmogrifier Documentation

The Sims Transmogrifier Legal Notice



LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal and binding agreement between you, the end-user, and Electronic Arts Inc. ("EA"). BY DOWNLOADING AND/OR INSTALLING THE SOFTWARE (AS DEFINED IN SECTION 1 BELOW), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AFFIRMATIVELY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Grant of License. Subject to the terms and provisions of this Agreement, EA grants to you a personal, non-exclusive, revocable, non-transferable, limited license to Use (as defined below) the Software in executable or object code form only. As used herein, the term "Software" means the software program generally referred to as "Transmogrifier," including all elements thereof. This Agreement does not give you any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks, or other rights related thereto. As used herein, the term "Use" means loading the Software into RAM and/or installing of the Software on a hard disk or other storage device and also includes the uses permitted pursuant to Section 3 below.

2. Prohibitions. You understand and agree that you may not and will not, directly or indirectly, do any of the following: (a) rent, sell, lease or lend the Software; (b) distribute the Software; (c) commercially exploit the Software or use the Software for any commercial purpose in any other manner and through any medium whatsoever; (d) commercially exploit or use for any commercial purpose whatsoever anything you create using the Software; (e) disassemble, reverse engineer, decompile, modify, alter or translate the Software; (f) reproduce or copy the Software (except as permitted under Section 4 below); (g) publicly display the Software; (h) prepare or develop derivative works based upon the Software; or (i) remove or alter any legal notices or other markings or legends, such as trademark and copyright notices, affixed on or within the Software.

3. Permitted Uses. So long as this Agreement accompanies each permitted copy you make of the Software, and so long as you fully comply, at all times, with this Agreement, EA grants to you the non- exclusive and limited right to use the Software to create your own modifications for operation only with the full version of the software game THE SIMS (including any future versions thereof with which the Software will operate properly); provided, however, you shall not make any modifications unless and until you have agreed to be bound by the terms of any end-user license agreement which accompanies the full version of THE SIMS. You may make only the following copies of the Software: (i) you may copy the Software onto your computer hard drive; (ii) you may copy the Software from your computer hard drive into your computer RAM; and (iii) you may make one (1) "back-up" or archival copy of the Software on one (1) hard disk. You shall not use or copy the Software in any infringing manner or in any manner which violates any law or third party right. EA reserves all rights not granted in this Agreement, including, without limitation, all rights to EA's trademarks. In the event this Agreement is terminated, you shall have no right to use the Software, in any manner, and you shall immediately destroy all copies of the Software in your possession, custody or control.

4. Intellectual Property Rights. The Software and all patent, copyright, trademark and all other proprietary rights therein or related thereto are the sole property of EA and are protected by United States copyright laws, international treaty provisions and all other applicable laws. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. §101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. You agree that you are receiving a copy of the Software by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the Software.

5. No Warranties. THE SOFTWARE IS PROVIDED STRICTLY ON AN "AS-IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF EA HAS BEEN INFORMED OF SUCH PURPOSE), NON- INFRINGEMENT OR COMPATIBILITY WITH YOUR COMPUTER HARDWARE OR SOFTWARE. EA HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. YOUR LICENSE TO USE THE SOFTWARE WILL TERMINATE AUTOMATICALLY AND WITHOUT NOTICE IN THE EVENT THAT YOU VIOLATE ANY OF THE TERMS OF THIS AGREEMENT.

6. Indemnification. At EA's request, you agree to defend, indemnify and hold harmless EA, its affiliates, licensors, and suppliers, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. EA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for that matter.

7. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements made and performed entirely within California. Any litigation or other dispute with respect to Agreement will take place in the state or federal courts located in Santa Clara County, California. You consent to personal jurisdiction and venue in the state and federal courts of Santa Clara County, California.

8. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall only have those rights to use the Software as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive. 9. Export. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law. The Software shall not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property.

10. Our Relationship. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and EA as a result of this Agreement or your use of the Software. You agree that you may not and will not hold yourself out as a representative, agent, or employee of EA, and EA shall not be liable for any representation, act, or omission on your part.

11. No Waiver. EA's failure to enforce at any time any of the provisions of this Agreement shall not be construed as a waiver of any such provision. Any express waiver of a provision by EA shall not constitute a waiver of any future obligation to comply with such provision or any other provision of this Agreement.

12. Miscellaneous. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. EA may assign its rights under this Agreement in EA's sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. This Agreement constitutes the entire agreement between you and EA regarding your use of the Software, and supercedes any other agreement or understanding. This Agreement may not be modified orally by any EA or Maxis employee. EA reserves the right to modify this Agreement at any time. EA may add new provisions or delete or revise any of the terms and conditions of this Agreement. You agree that it is your responsibility to review this Agreement from time to time to keep yourself informed of any changes. You agree that your continued use of the Software after any changes to this Agreement constitutes your acceptance of and agreement to such changes.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

(c) 2000 Electronic Arts Inc.