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This document may be updated from time to time and the current version will be posted
at www.take2games.com/eula. Your continued use of this Software 30 days after a revised
version has been posted constitutes acceptance by you of its terms. YOUR USE OF THE
SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
(THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL
SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING
AND OTHER WRITTEN, FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND
ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE,
INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH
THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH TAKE-TWO
INTERACTIVE SOFTWARE, INC. (“LICENSOR”).
I. LICENSE. LICENSE. Subject to this Agreement and its terms and conditions, Licensor
hereby grants you the nonexclusive, non-transferable, limited right and license to use
one copy of the Software for your personal non-commercial use for gameplay on a single
computer or gaming unit, unless otherwise specified in the Software documentation. Your
acquired rights are subject to your compliance with this Agreement. The term of your license
under this Agreement shall commence on the date that you install or otherwise use the
Software and ends on the earlier date of either your disposal of the Software or Licensor’s
termination of this Agreement. Your license terminates immediately if you attempt to
circumvent any technical protection measures used in connection with the Software. The
Software is being licensed to you and you hereby acknowledge that no title or ownership in
the Software is being transferred or assigned and this Agreement should not be construed as
a sale of any rights in the Software. All rights not specifically granted under this Agreement
are reserved by Licensor and, as applicable, its licensors. OWNERSHIP. Licensor retains
all right, title and interest to the Software, including, but not limited to, all copyrights,
trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes,
audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork,
sound effects, musical works, and moral rights. The Software is protected by United States
copyright and trademark law and applicable laws and treaties throughout the world. The
Software may not be copied, reproduced or distributed in any manner or medium, in whole
or in part, without prior written consent from Licensor. Any persons copying, reproducing
or distributing all or any portion of the Software in any manner or medium, will be willfully
violating the copyright laws and may be subject to civil and criminal penalties in the U.S.
or their local country. Be advised that U.S. Copyright violations are subject to statutory
penalties of up to $150,000 per violation. The Software contains certain licensed materials
and Licensor’s licensors may also protect their rights in the event of any violation of this
Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
LICENSE CONDITIONS. You agree not to: (a) Commercially exploit the Software; (b)
Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any
copies of the Software, without the express prior written consent of Licensor or as set forth
in this Agreement; (c) Make a copy of the Software or any part thereof (other than as set
forth herein); (d) Make a copy of this Software available on a network for use or download
by multiple users; (e) Except as otherwise specifically provided by the Software or this
Agreement, use or install the Software (or permit others to do same) on a network, for online
use, or on more than one computer or gaming unit at the same time; (f) Copy the Software
onto a hard drive or other storage device in order to bypass the requirement to run the
Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies
in whole or in part that may be made by the Software itself during installation in order to
run more efficiently); (g) use or copy the Software at a computer gaming center or any other
location-based site; provided, that Licensor may offer you a separate site license agreement
to make the Software available for commercial use; (h) Reverse engineer, decompile,
disassemble, prepare derivative works based on or otherwise modify the Software, in whole or
in part; (i) Remove or modify any proprietary notices, marks or labels contained on or within
the Software; and (j) transport, export or re-export (directly or indirectly) into any country
forbidden to receive such Software by any U.S. export laws or accompanying regulations or
otherwise violate such laws or regulations, that may be amended from time to time. However,
you may transfer the entire Software and accompanying documentation on a permanent
basis to another person as long as you retain no copies (including archival or backup copies)
of the Software, accompanying documentation, or any portion or component of the Software
accompanying documentation, and the recipient agrees to the terms of this Agreement. The
Software is intended for private use only. TECHNICAL PROTECTIONS. The Software may
include measures to control access to the Software, prevent unauthorized copies, or otherwise
attempt to prevent anyone from exceeding the limited rights and licenses granted under this
Agreement. If the Software permits access to additional online features, only one copy of the
Software may access those features at one time (unless otherwise provided in the Software
documentation). Additional terms and registration may be required to access online services
and to download Software updates and patches. Only Software subject to a valid license
can be used to access online services, and download updates and patches. You may not
interfere with such access control measures or attempt to disable or circumvent such security
features. If you disable or otherwise tamper with the technical protection measures, the
Software will not function properly. USER-CREATED CONTENT. The Software may allow
you to create content, including but not limited to a gameplay map, a scenario, screenshot
of a car design or a video of your gameplay. In exchange for use of the Software, and to
the extent that your contributions through use of the Software give rise to any copyright
interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable
and sub-licensable worldwide right and license to use your contributions in any way and for
any purpose in connection with the Software and related goods and services, including the
rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or
otherwise communicate to the public by any means whether now known or unknown and
distribute your contributions without any further notice or compensation to you of any kind
for the whole duration of protection granted to intellectual property rights by applicable laws
and international conventions. You hereby waive any moral rights of paternity, publication,
reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of
such assets in connection with the Software and related goods and services under applicable
law. This license grant to Licensor, and the above waiver of any applicable moral rights,
survive any termination of this License. INTERNET CONNECTION. The Software may
require an internet connection to access internet-based features, authenticate the Software,
or perform other functions. In order for certain features of the Software to operate properly,
you may be required to have and maintain (a) an adequate internet connection and/or (b) a
valid and active account with an online service as set forth in the Software documentation,
including but not limited to Xbox® LIVE, Licensor or a Licensor affiliate. If you do not maintain
such accounts, then certain features of the Software may not operate or may cease to
function properly, either in whole or in part.
II. INFORMATION COLLECTION & USAGE. By installing and using this software,
you consent to these information collection and usage terms, including (where applicable)
transfer of data to Licensor and affiliated companies into a country outside of the European
Union and the European Economic Area. If you connect to the Internet when using the
Software, either through Xbox® LIVE, or any other method, Licensor may receive information
from hardware manufacturers or platform hosts (such as Microsoft) and may automatically
collect certain information from your computer or gaming unit. This information may include,
but is not limited to, user IDs (such as gamertags and screen names), game scores, game
achievements, game performance, locations visited, buddylists, hardware MAC address,
internet protocol address, and your usage of various game features. All information collected
by Licensor is intended to be anonymous information that does not disclose your identity or
constitute personal information, however, if you include personal information (such as your
real name) in your user ID, then such personal information will automatically be transmitted
to Licensor and used as described herein. The information collected by Licensor may be posted
by Licensor on publicly-accessible web sites, shared with hardware manufacturers, shared
with platform hosts, shared with Licensor’s marketing partners or used by Licensor for any
other lawful purpose. By using this Software you consent to the Licensor’s use of related data,
including public display of your data such as identification of your user-created content or
displaying your scores, ranking, achievements and other gameplay data. If you do not want
your information shared in this manner, then you should not use the Software.
III. WARRANTY. LIMITED WARRANTY. Licensor warrants to you (if you are the
initial and original purchaser of the Software) that the original storage medium holding
the Software is free from defects in material and workmanship under normal use and
service for 90 days from the date of purchase. Licensor warrants to you that this Software
is compatible with a personal computer meeting the minimum system requirements listed
in the Software documentation or that it has been certified by the gaming unit producer as
compatible with the gaming unit for which it has been published, however, due to variations
in hardware, software, internet connections and individual usage, Licensor does not warrant
the performance of this Software on your specific computer or gaming unit. Licensor does
not warrant against interference with your enjoyment of the Software; that the Software will
meet your requirements; that operation of the Software will be uninterrupted or error-free,
or that the Software will be compatible with third party software or hardware or that any
errors in the Software will be corrected. No oral or written advice provided by Licensor or any
authorized representative shall create a warranty. Because some jurisdictions do not allow
the exclusion of or limitations on implied warranties or the limitations on the applicable
statutory rights of a consumer, some or all of the above exclusions and limitations may not
apply to you. If for any reason you find a defect in the storage medium or Software during
the warranty period, Licensor agrees to replace, free of charge, any Software discovered
to be defective within the warranty period as long as the Software is currently being
manufactured by Licensor. If the Software is no longer available, Licensor retains the right
to substitute a similar piece of Software of equal or greater value. This warranty is limited to
the storage medium and the Software as originally provided by Licensor and is not applicable
to normal wear and tear. This warranty shall not be 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, this warranty is in lieu of all other warranties, whether oral or written, express or
implied, including any other warranty of merchantability, fitness for a particular purpose or
non-infringement, and no other representations or warranties of any kind shall be binding
on Licensor. When returning the Software subject to the limited warranty above, please send
the original Software only to the Licensor address specified below and include: your name
and return address; a photocopy of your dated sales receipt; and a brief note describing the
defect and the system on which you are running the Software. IN NO EVENT WILL LICENSOR
BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM
POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION
AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY
DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING
OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR
NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE
LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE. BECAUSE 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, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT
ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR
MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION. TERMINATION. This Agreement will terminate automatically if you fail
to comply with its terms and conditions. In such event, you must destroy all copies of the
Software and all of its component parts. You can also end this Agreement by destroying the
Software and all copies and reproductions of the Software and deleting and permanently
purging the Software from any client server or computer on which it has been installed.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation have been
developed entirely at private expense and are provided as “Commercial Computer Software”
or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a
U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)
(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or
as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is the Licensor
at the location listed below. EQUITABLE REMEDIES. You hereby agree that if the terms
of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and
therefore you agree that Licensor shall be entitled, without bond, other security, or proof
of damages, to appropriate equitable remedies with respect to any of this Agreement, in
addition to any other available remedies. INDEMNITY. You agree to indemnify, defend and
hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and
agents harmless from all damages, losses and expenses arising directly or indirectly from your
acts and omissions to act in using the Software pursuant to the terms of the 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. GOVERNING LAW. This Agreement shall be construed
(without regard to conflicts or choice of law principles) under the laws of the State of New
York, as such law is applied to agreements between New York residents entered into and to
be performed within New York, except as governed by federal law. Unless expressly waived
by Licensor in writing for the particular instance or contrary to local law, the sole and
exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the
state and federal courts located in Licensor’s principal corporate place of business (New York
County, New York, U.S.A.). Both parties consent to the jurisdiction of such courts and agree
that process may be served in the manner provided herein for giving of notices or otherwise
as allowed by New York state or federal law. The parties agree that the UN Convention on
Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement
or to any dispute or transaction arising out of this Agreement. IF YOU HAVE ANY QUESTIONS
CONCERNING THIS LICENSE, YOU MAY CONTACT IN WRITING TAKE-TWO INTERACTIVE
SOFTWARE, INC. 622 BROADWAY, NEW YORK, NY 10012.
© 1999-2011—All rights reserved. Gearbox Software, LLC. Duke Nukem, the Duke Nukem
nuclear symbol, Duke Nukem Forever, Gearbox Software and the Gearbox logo are registered
trademarks of Gearbox Software, LLC in the U.S. and/or other countries and used here under
license. All rights reserved. This Game is published and distributed by 2K Games, a subsidiary
of Take-Two Interactive Software, Inc. 2K Games, Take-Two Interactive Software and their
respective logos are trademarks of Take-Two Interactive Software, Inc. All other marks are
property of their respective owners.
LIMITED SOFTWARE WARRANTY, LICENSE AGREEMENT, & INFORMATION USE DISCLOSURES