Professional Documents
Culture Documents
1. GRANT OF LICENSE.
RN hereby grants to you a non-exclusive license to use the Software and any rela
ted documentation ("Documentation") subject to the following terms:
a) You may: (i) use the Software on any single computer; (ii) use the Software o
n a second computer so long as the first and second computers are not used simul
taneously; and (iii) copy the Software for back-up and archival purposes, provid
ed any copy must contain all of the original Software's proprietary notices.
b) RN may modify this License Agreement with respect to free versions of the Sof
tware upon 14 days written notice to you, including notice via the communication
s features described below.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under th
e terms listed above (ii) modify, translate, reverse engineer, decompile, disass
emble (except to the extent that this restriction is expressly prohibited by law
) or create derivative works based upon the Software or Documentation; (iii) cop
y the Software or Documentation (except for back-up or archival purposes); (iv)
rent, lease, transfer, or otherwise transfer rights to the Software or Documenta
tion; or (v) remove any proprietary notices or labels on the Software or Documen
tation. Any such forbidden use shall immediately terminate your license to the S
oftware.
b) You agree that you shall only use the Software and Documentation in a manner
that complies with all applicable laws in the jurisdictions in which you use the
Software and Documentation, including, but not limited to, applicable restricti
ons concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You may n
ot use the Software in any way to provide, or as part of, any commercial service
or application. Copies of content files, including, but not limited to songs an
d other audio recordings and game executables, associated game files, patches, m
ods, or other game-related information other than Shareware versions of games, w
hich are downloaded, copied, or played using the Software, and which are protect
ed by the copyright laws or related laws of any jurisdiction, are for your own p
ersonal use only and may not be distributed to third parties or performed outsid
e your normal circle of family and social acquaintances subject to the specific
licensing terms of that content.
d) You may not use the Software in an attempt to, or in conjunction with, any de
vice, program or service designed to circumvent technological measures employed
to control access to, or the rights in, a content file or other work protected b
y the copyright laws of any jurisdiction.
6. TITLE.
Title, ownership, rights, and intellectual property rights in and to the Softwar
e and Documentation shall remain in RN and/or its suppliers. The Software is pro
tected by the copyright laws of the United States and international copyright tr
eaties. Title, ownership rights and intellectual property rights in and to the c
ontent accessed through the Software including the content contained in the Soft
ware media demonstration files shall be retained by the applicable content owner
and may be protected by applicable copyright or other law. This license gives y
ou no rights to such content.
8. INDEMNIFICATION.
This Software is are intended for use only with properly licensed media, conten
t, and content creation tools. It is your responsibility to ascertain whether an
y copyright, patent or other licenses are necessary and to obtain any such licen
ses to serve and/or create, compress or download such media and content. You agr
ee to download, install, and play only those materials for which you have the ne
cessary patent, copyright and other permissions, licenses, and/or clearances. Yo
u agree to hold harmless, indemnify and defend RN, its officers, directors and e
mployees, from and against any losses, damages, fines and expenses (including at
torneys' fees and costs) arising out of or relating to any claims that you have
(i) viewed, downloaded, installed, copied or transmitted any materials (other th
an materials provided by RN) in connection with the Software in violation of ano
ther party's rights or in violation of any law, or (ii) violated any terms of th
is License Agreement. If you are importing the Software from the United States,
you shall indemnify and hold RN harmless from and against any import and export
duties or other claims arising from such importation.
9. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with a
ny term hereof. No notice shall be required from RN to effect such termination.
You may also terminate this License Agreement at any time by notifying RN in wri
ting of termination. Upon any termination of this License Agreement, you shall i
mmediately discontinue use of the Software and shall within three (3) days retur
n to RN, or certify destruction of, all full or partial copies of the Software,
documentation, and related materials provided by RN. Your obligation to pay accr
ued charges and fees shall survive any termination of this License Agreement.
10. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without RN's express
written consent.
11. MISCELLANEOUS.
a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy for al
l disputes and claims relating in any way to, or arising out of, this Agreement,
the Software or Services, or your use of the Software or Services shall be fina
l and binding arbitration. The arbitration shall be conducted under the Commerci
al Arbitration Rules of the American Arbitration Association ("AAA") and AAAÕs Sup
plementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The
arbitration shall take place in the State of Washington. To the fullest extent p
ermitted by law: no arbitration under this License Agreement shall be joined to
any other arbitration, including any arbitration involving any other current or
former licensee of RN; no class arbitration proceedings shall be permitted; no f
inding or stipulation of fact in any other arbitration, judicial or similar proc
eeding may be given preclusive or collateral estoppel effect in any arbitration
hereunder (unless determined in another proceeding between you and RN); and no c
onclusion of law in any other arbitration may be given any weight in any arbitra
tion hereunder (unless determined in another proceeding between you and RN). You
r arbitration fees and your share of arbitrator compensation will be limited to
those set forth in the AAAÕs Consumer Rules with the remainder paid by RN. If such
costs are determined to be excessive, RN will pay all arbitration fees and arbi
trator compensation. You and RN may litigate in court only to compel arbitration
under this Agreement, stay proceedings pending arbitration, or to confirm, modi
fy, vacate or enter judgment on the award rendered by the arbitrator(s). You and
RN hereby consent to the exclusive jurisdiction of the state and federal courts
sitting in the State of Washington to enforce the provisions of this Section 16
and to resolve any disputes and claims cognizable in court relating in any way,
or arising out of, this Agreement, the Software or Services or your use of the
Software or Services. The court, not the arbitrator, shall determine arbitrabili
ty and enforce the arbitration agreements contained herein, including the prohib
ition on consolidated arbitrations and class arbitration. This Agreement and all
disputes and claims relating in any way to, or arising out of, this Agreement,
the Software or Services or your use of the Software or Services shall be govern
ed by the laws of the State of Washington and the Federal Arbitration Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclusiv
e agreement between us, notwithstanding any variance with any purchase order or
other written instrument submitted by you, whether formally rejected by RN or no
t. The acceptance of any purchase order is you place is expressly made condition
al on your consent to the terms set forth herein. The terms and conditions conta
ined in this Agreement may not be modified by you except in a writing duly signe
d by you and an authorized representative of RN. If any provision of this Agreem
ent is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and such decision shall no
t affect the enforceability of such provision under other circumstances, or of t
he remaining provisions hereof under all circumstances. This Agreement will not
be governed by the United Nations Convention of Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.
EXHIBIT A
TERMS OF SERVICE FOR GAMEHOUSE FUNPASS
6. E-MAIL NOTIFICATION
To let you know what new content and services are available from time to time, R
N will send you e-mail describing the latest content and how to get access to th
e content. You agree that as a FunPass subscriber, RN may send you such e-mail t
o the address you provide. Because this e-mail is necessary for you to receive t
he FunPass subscription services, you will receive this e-mail even if you have
opted out of receiving other e-mail from RN. If you do not want to receive this
e-mail, you may cancel the FunPass subscription service at any time as provided
in this Agreement.
EXHIBIT B
TERMS OF SERVICE FOR GAMEHOUSE CLUB
6. E-MAIL NOTIFICATION
To let you know what new content and subscription services are available from ti
me to time, RN will send you e-mail describing the latest content and how to get
access to the content. You agree that as a GameHouse Club subscriber, RN may se
nd you such e-mail to the address you provide. Because this e-mail is necessary
for you to receive the subscription services, you will receive this e-mail even
if you have opted out of receiving other e-mail from RN. If you do not want to r
eceive this e-mail, you may cancel your GmaeHouse Club subscription at any time
as provided in this Agreement.