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ToS
Aug 29, 2005 21:32:59 GMT -5
Post by Link on Aug 29, 2005 21:32:59 GMT -5
^^^^^^^^^^^^^^^ Answer.
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ToS
Aug 29, 2005 21:45:40 GMT -5
Post by Mephistopheles on Aug 29, 2005 21:45:40 GMT -5
The first time I installed a game (I don't remember which game was) I was going to read it, when I was about one paragraph (it's really much longer than that) my brother told me: "Don't read that stupid stuff, you have to click the "I Agree" button anyway".
Here's the ToS, or Licence agreement for Star Wars Night of the old republic, this should give you an idea:
SOFTWARE LICENSE AND LIMITED WARRANTY
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE: DO NOT INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, AND PROMPTLY RETURN THIS PACKAGE AND ITS CONTENTS TO THE PLACE OF PURCHASE FOR A REFUND OR EXCHANGE SUBJECT TO THE RETURN POLICY OF THE RETAILER.
The computer software, artwork, music, and other components included in this product, as such may be updated (collectively referred to as the "Software"), are the copyrighted property of LucasArts, a division of Lucasfilm Entertainment Company Ltd., and/or its affiliated entities or divisions, and its licensors (collectively referred to as "LucasArts"). The Software is licensed (not sold) to you, and LucasArts owns and/or controls all copyright, trade secret, patent and other proprietary rights in the Software. You may use the Software on a single computer. You may not: (1) copy (other than once for back-up purposes), distribute, rent, lease or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) transmit the Software over a network, by telephone, or electronically using any means, except in the course of your network multi-player play of the Software over authorized networks; (4) engage in matchmaking for multi-player play over unauthorized networks; (5) design or distribute unauthorized levels; or (6) reverse engineer, decompile or disassemble the Software. You may transfer the Software, but only if the recipient agrees to accept and be bound by the terms and conditions of this Agreement. If you transfer the Software, you must transfer all components and documentation and erase any copies residing on the game console and/or computer equipment. Your rights in and to this license are automatically terminated if and when you transfer the Software.
LucasArts warrants to the original consumer purchaser only that the media furnished in this product will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase (as evidenced by your receipt). If the media furnished in this product proves to be defective, and provided that the original consumer purchaser returns the media to LucasArts in accordance with the instructions in this paragraph, LucasArts will replace the defective media: (a) free of charge to the original consumer purchaser, if the media proves to be defective within the ninety (90) day period following the date of purchase, or (b) for a fee of $5.00 per Compact Disc ("CD"), if the media proves to be defective after the expiration of the ninety (90) day warranty period, provided that the request is made within a reasonable time from purchase, and LucasArts continues to distribute the CD commercially. To obtain a replacement CD, please return the defective CD only, postage prepaid, to LucasArts, a division of Lucasfilm Entertainment Company Ltd., P.O. Box 10307, San Rafael, CA 94912, accompanied by proof of date of purchase, a description of the defect, and your name and return address, as well as a check for $5.00 per CD made payable to LucasArts if after expiration of the warranty period. LucasArts will mail a replacement to you.
You expressly acknowledge and agree that use of the Software is at your sole risk. Except for the limited ninety (90) day warranty on the media set forth above, the Software and any related documentation or materials are provided "AS IS" and without warranty of any kind. LUCASARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LUCASARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU AND YOU (AND NOT LUCASARTS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LUCASARTS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THIS PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF LUCASARTS OR A LUCASARTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. 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.
YOU AGREE THAT THE LIABILITY OF LUCASARTS ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF, INCLUDING, WITHOUT LIMITATION, ANY INJUNCTIVE RELIEF, TO ENFORCE THE TERMS HEREOF.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS DEPENDING ON THE LAWS IN YOUR STATE.
This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and you hereby consent to personal jurisdiction in California. You and LucasArts each agree that any claim or controversy arising out of or related to this Agreement or the Software shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in Marin County, California, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The Arbitrator may not change the terms of this Agreement and may not award any injunctive or other equitable relief. If it is judicially determined that any claim or controversy arising out of or related to this Agreement or the Software cannot be settled by expedited binding arbitration as noted above, then you agree that any such claims or controversies shall be brought and maintained in the state courts located within the County of Marin, State of California or the federal courts of the Northern District of California, and you waive any claim that either such forum is inconvenient. The foregoing shall not preclude LucasArts from seeking any injunctive relief for protection of LucasArts' intellectual property rights. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. LucasArts’ failure to act with respect to a breach by you or others does not waive LucasArts’ right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and LucasArts with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
If the Software is acquired under agreement with the U.S. government or any contractor therewith, it is acquired as "commercial computer software" subject to the provisions hereof, as specified in 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or sections succeeding thereto.
LucasArts, the LucasArts logo, STAR WARS and related properties are trademarks in the United States and/or in other countries of Lucasfilm Ltd. and/or its affiliates. BioWare, the BioWare Odyssey Engine and the BioWare logo are registered trademarks of BioWare Corp. © 2003 Lucasfilm Entertainment Company Ltd. or Lucasfilm Ltd. All rights reserved. BioWare Odyssey Engine ©2001 - 2003 BioWare Corp. All rights reserved.
This game and manual are each a work of fiction. All of the characters, events, locations, logos, and entities portrayed in this game are fictional. Any resemblance to real persons, living or dead, or actual events, is purely coincidental.
LucasArts, a division of Lucasfilm Entertainment Company Ltd. P.O. Box 10307 San Rafael, CA 94912
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ToS
Sept 1, 2005 18:01:54 GMT -5
Post by Calumon on Sept 1, 2005 18:01:54 GMT -5
[glow=purple,5,300]Link, you should have typed, "ToS are my worst fear", LOL.
I definitely don't read them.[/glow]
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ToS
Sept 27, 2005 7:56:19 GMT -5
Post by Link on Sept 27, 2005 7:56:19 GMT -5
I have to admit that I had to read the one from Proboards, although it is a short ToS compared to the ones that comes with most software.
Terms of Service
PROBOARDS.COM - TERMS OF SERVICE
ProBoards.com (the "Provider") is providing a service to individuals (the "User") who are at least 18 years old or minors 13 years old and above who have parental permission.
To use our service, you must agree to all the following:
1. SERVICES PROVIDED
Under this agreement, the Provider will provide the following services; which herein known as the "Services" in this agreement:
1. Access to utilize the Provider's message board services. 2. Access to documents such as FAQ's and documentation. All documentation is provided on an "as is" basis, with no expressed or implied complete validity.
2. PAYMENT TERMS
This is a free service provided that our advertisements are found on all user pages. We also offer an paid ad-free service. Current ad-free rates will be posted on the Provider's Web site or message boards.
3. CONTENT RESTRICTIONS
Your web site must conform to the following standards to be eligible to utilize this service:
1. User's content must comply in a manner consistent with any and all applicable laws of the State of California and the US Federal Government. 2. User's web site may not contain content promoting the use of illegal drugs, alcohol, sex, pornography, nudity, or any other form of adult content, profanity, hate, "spam," fraud, racism, mlm, pyramid schemes, or promote any illegal activity. 3. User's message board and Web site must be in English.
4. DISPUTES
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed. These terms of service shall be governed by and construed in accordance with the laws of the state of California and the United States of America.
5. THIS SERVICE IS PROVIDED "AS IS"
THIS SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY THE PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. WE MAKE EVERY EFFORT TO BACKUP OUR DATA, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA.
6. MODIFICATION OF THIS AGREEMENT
This agreement may be modified at any time at the sole discretion of the Provider. Upon modification of this agreement, the User has two weeks (14 days) to terminate their account with the Provider or it will constitute acceptance of the modifications.
7. LIMITATIONS OF SERVICE
This service is not available to Users that run other CGI hosting services as well as users who plan on developing remotely hosted CGI services.
8. TERMINATION OF SERVICE
This service may be terminated at any time by the Provider or User. The Provider may at it's sole discretion remove any message board for any reason.
By clicking "Sign Up" the User hereby agrees to the terms set forth in this agreement under penalties of perjury and agree to indemnify and hold harmless the Provider from any claim resulting from the use of the Provider's services and agree that all information provided by the User to the Provider is true.
Last revision: February 3, 2002.
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ToS
Sept 27, 2005 10:21:12 GMT -5
Post by Mephistopheles on Sept 27, 2005 10:21:12 GMT -5
Well, you're the administrator, you should read it, but I didn't read it, LOL
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