Limited Software Warranty; License Agreement, and Information

Use Disclosures
This document may be updated from time to time and the current version will be
posted at www.taketwogames.com/eula. Your continued use of this Software 30
days after a revised version has been posted constitutes acceptance by you of its
terms.
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. '(&)S&
'(&)S&. Sub7ect to this $greement and its terms and conditions+ 'icensor hereby
grants you the none8clusive+ non5transferable+ limited right and license to use one
copy of the Software for your personal non5commercial use for gameplay on a single
computer or gaming unit+ unless otherwise speci9ed in the Software documentation.
Your ac:uired rights are sub7ect to your compliance with this $greement. The term
of your license under this $greement 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 'icensor;s termination of this $greement. 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
$greement should not be construed as a sale of any rights in the Software. $ll rights
not speci9cally granted under this $greement are reserved by 'icensor and+ as
applicable+ its licensors.
!#)&%SH.. 'icensor 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 e<ects+ themes+
characters+ character names+ stories+ dialog+ settings+ artwork+ sounds e<ects+
musical works+ and moral rights. The Software is protected by /nited 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 'icensor. $ny
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 sub7ect
to civil and criminal penalties
in the /S or their local country. ,e advised that /S (opyright violations are sub7ect
to statutory penalties of up to =>?0+000 per violation. The Software contains certain
licensed materials and 'icensor;s licensors may also protect their rights in the event
of any violation of this $greement. $ll rights not e8pressly granted to you herein are
reserved by the 'icensor.
'(&)S& (!)*T!)S.
You agree not to@
a. (ommercially e8ploit the SoftwareA
b. *istribute+ lease+ license+ sell+ rent or otherwise transfer or assign the
Software+ or any copies of the Software+ without the e8press prior written consent of
'icensor or as set forth in this $greementA
c. 2ake a copy of the Software or any part thereof 0other than as set forth
herein1A
d. 2aking a copy of this Software available on a network for use or download by
multiple usersA
e. &8cept as otherwise speci9cally provided by the Software or this $greement+
use or install the Software 0or permit others to do same1 on a network+ for on5line
use+ or on more than one computer or gaming unit at the same timeA
f. (opy the Software onto a hard drive or other storage device in order to
bypass the re:uirement to run the Software from the included (*5%!2 or *6*5%!2
0this 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 eBciently1A
g. use or copy the Software at a computer gaming center or any other location5
based siteA provided+ that 'icensor may o<er you a separate site license agreement
to make the Software available for commercial useA.
h. %everse engineer+ decompile+ disassemble+ prepare derivative works based
on or otherwise modify the Software+ in whole or in partA
i. %emove or modify any proprietary notices+ marks or labels contained on or
within the SoftwareA and
7. transport+ e8port or re5e8port 0directly or indirectly1 into any country
forbidden to receive such Software by any /.S. e8port laws or accompanying
regulations or otherwise violate such laws or regulations+ that may be amended
from time to time.
$((&SS T! S.&($' "&$T/%&S $)*/!% S&%6(&S+ )('/*)- *-T$' (!.&S.
Software download+ redemption of a uni:ue serial code+ registration of the Software+
membership in a third5party services and/or membership in a 'icensor service
0including acceptance of related terms and policies1+ may be re:uired to access
digital copies of the Software or certain un5lockable + downloadable+ online or other
special content+ services+ and/or functions 0collectively+ the CSpecial "eaturesD1.
$ccess to Special "eatures is limited to a single user account per serial code and
access to Special "eatures cannot be transferred+ sold+ or re5registered by another
user unless otherwise speci9ed. The provisions of this paragraph supersede any
other term in this $greement.
T%$)S"&% !" .%&5%&(!%*&* (!.&S. You may transfer the entire physical copy of
pre5recorded Software and accompanying documentation on a permanent basis to
another person as long as you retain no copies 0including archival or backup copies1
of the Software+ accompanying documentation+ or any portion or component of the
Software or accompanying documentation+ and the recipient agrees to the terms of
this $greement. Special "eatures+ including content otherwise unavailable without a
single5use serial code+ are not transferrable to another person under any
circumstances and Special "eatures may cease functioning if the original installation
copy of the software is deleted or the pre5recorded copy is unavailable to the user.
The Software is intended for private use only. )!T#THST$)*)- TH& "!%&-!)-+
Y!/ 2$Y )!T T%$)S"&% $)Y .%&5%&'&$S& (!.&S !" TH& S!"T#$%&.
T&(H)($' .%!T&(T!)S. The Software may include measures to control access to
the Software+ control access to certain features or content+ prevent unauthoriEed
copies+ or otherwise attempt to prevent anyone from e8ceeding the limited rights
and licenses granted under this $greement. f the Software permits access to
Special "eatures+ only one copy of the Software may access those features at one
time. $dditional terms and registration may be re:uired to access online services
and to download Software updates and patches. !nly Software sub7ect to a valid
license can be used to access online services+ including downloading updates and
patches. You may not interfere with such access control measures or attempt to
disable or circumvent such security features. f you disable or otherwise tamper
with the technical protection measures+ the Software will not function properly.
/S&% (%&$T&* (!)T&)T@ 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 game play. n e8change for use of the Software+ and to the e8tent that your
contributions through use of the Software give rise to any copyright interest+ you
hereby grant 'icensor an e8clusive+ perpetual+ irrevocable+ fully transferable and
sub5licensable 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 'icensor;s and other players;
use and en7oyment of such assets in connection with the Software and related
goods and services under applicable law. This license grant to 'icensor+ and the
above waiver of any applicable moral rights+ survives any termination of this
'icense.
)T&%)&T (!))&(T!). The Software may re:uire an internet connection to access
internet5based features+ authenticate the Software+ or perform other functions. n
order for certain features of the Software to operate properly+ you may be re:uired
to have and maintain 0a1 an ade:uate internet connection and/or 0b1 a valid and
active account with an online service as set forth in the Software documentation+
including but not limited to third5party gaming platform+ 'icensor or a 'icensor
aBliate. f 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.
. )"!%2$T!) (!''&(T!) F /S$-&.
,y installing and using this software+ you consent to these information collection
and usage terms+ including 0where applicable1 transfer of data to 'icensor and
aBliated companies into a country outside of the &uropean /nion and the &uropean
&conomic $rea. f you connect to the nternet when using the Software+ either
through a gaming platform network+ or any other method+ 'icensor may receive
information from hardware manufacturers or gaming platform hosts and may
automatically collect certain information from your computer or gaming unit. This
information may include+ but is not limited to+ user *s 0such as gamer tags and
screen names1+ game scores+ game achievements+ game performance+ locations
visited+ buddylists+ hardware 2$( address+ internet protocol address+ and your
usage of various game features. $ll information collected by 'icensor is intended to
be
anonymous information that does not disclose your identity or constitute personal
information+ however+ if you include personal information 0such as your real name1
in your user *+ then such personal information will automatically be transmitted to
'icensor and used as described herein.
The information collected by 'icensor may be posted by 'icensor on publicly5
accessible web sites+ shared with hardware manufacturers+ shared with platform
hosts+ shared with 'icensor;s marketing partners or used by 'icensor for any other
lawful purpose. ,y using this Software you consent to the 'icensor;s use of related
data+ including public display of your data such as identi9cation of your user created
content or displaying your scores+ ranking+ achievements and other gameplay data.
f you do not want your information shared in this manner+ then you should not use
the Software.
. #$%%$)TY
'2T&* #$%%$)TY@ 'icensor warrants to you 0if you are the initial and original
purchaser of the Software1 that the original storage medium holding the Software is
free from defects in material and workmanship under normal use and service for G0
days from the date of purchase. 'icensor warrants to you that this Software is
compatible with a personal computer meeting the minimum system re:uirements
listed in the Software documentation or that it has been certi9ed 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+ 'icensor does not warrant the performance of this Software on
your speci9c computer or gaming unit. 'icensor does not warrant against
interference with your en7oyment of the SoftwareA that the Software will meet your
re:uirementsA that operation of the Software will be uninterrupted or error5free+ or
that the Software will be compatible with third party software or hardware or that
any errors in the Software will be corrected. )o oral or written advice provided by
'icensor or any authoriEed representative shall create a warranty. ,ecause some
7urisdictions do not allow the e8clusion of or limitations on implied warranties or the
limitations on the applicable statutory rights of a consumer+ some or all of the
above e8clusions and limitations may not apply to you.
f for any reason you 9nd a defect in the storage medium or Software during the
warranty period+ 'icensor 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 'icensor. f the Software is no longer available+ 'icensor retains the
right to substitute a similar piece of Software of e:ual or greater value. This
warranty is limited to the storage medium and the Software as originally provided
by 'icensor 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. $ny implied warranties prescribed by statute are e8pressly limited to the
G05day period described above.
&8cept as set forth above+ this warranty is in lieu of all other warranties+ whether
oral or written+ e8press or implied+ including any other warranty of merchantability+
9tness for a particular purpose or non5infringement+ and no other representations or
warranties of any kind shall be binding on 'icensor.
#hen returning the Software sub7ect to the limited warranty above+ please send the
original Software only to the 'icensor address speci9ed below and include@ your
name and return addressA a photocopy of your dated sales receiptA and a brief note
describing the defect and the system on which you are running the Software.
) )! &6&)T #'' '(&)S!% ,& '$,'& "!% S.&($'+ )(*&)T$' !%
(!)S&H/&)T$' *$2$-&S %&S/'T)- "%!2 .!SS&SS!)+ /S& !% 2$'"/)(T!)
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'!SS !" -!!*#''+ (!2./T&% "$'/%& !% 2$'"/)(T!) $)*+ T! TH& &IT&)T
.&%2TT&* ,Y '$#+ *$2$-&S "!% .&%S!)$' )J/%&S+ .%!.&%TY *$2$-&+ '!ST
.%!"TS !% ./)T6& *$2$-&S "%!2 $)Y ($/S&S !" $(T!) $%S)- !/T !" !%
%&'$T&* T! THS $-%&&2&)T !% TH& S!"T#$#%&+ #H&TH&% $%S)- ) T!%T
0)('/*)- )&-'-&)(&1+ (!)T%$(T+ ST%(T '$,'TY !% !TH&%#S&+ #H&TH&%
!% )!T '(&)S!% H$S ,&&) $*6S&* !" TH& .!SS,'TY !" S/(H *$2$-&S. )
)! &6&)T SH$'' '(&)S!%;S '$,'TY "!% $'' *$2$-&S 0&I(&.T $S %&H/%&*
,Y $..'($,'& '$#1 &I(&&* TH& $(T/$' .%(& .$* ,Y Y!/ "!% /S& !" TH&
S!"T#$%&.
,&($/S& S!2& ST$T&S/(!/)T%&S *! )!T $''!# '2T$T!)S !) H!# '!)- $)
2.'&* #$%%$)TY '$STS $)*/!% TH& &I('/S!) !% '2T$T!) !" )(*&)T$'
!% (!)S&H/&)T$' *$2$-&S+ TH& $,!6& '2T$T!)S $)*/!% &I('/S!) !%
'2T$T!) !" '$,'TY 2$Y )!T $..'Y T! Y!/. THS #$%%$)TY SH$'' )!T ,&
$..'($,'& S!'&'Y T! TH& &IT&)T TH$T $)Y S.&("( .%!6S!) !" THS
#$%%$)TY S .%!H,T&* ,Y $)Y "&*&%$'+ ST$T&+ !% 2/)(.$' '$#+ #H(H
($))!T ,& .%&5&2.T&*. THS #$%%$)TY -6&S Y!/ S.&("( '&-$' %-HTS+ $)*
Y!/ 2$Y H$6& !TH&% %-HTS TH$T 6$%Y "%!2 J/%S*(T!) T! J/%S*(T!).
T&%2)$T!)@ This $greement is e<ective until terminated by you+ by the 'icensor+
or automatically upon your failure to comply with its terms and conditions. /pon
any termination+ you must destroy or return the physical copy of Software to the
'icensor+ as well as permanently destroy all copies of the Software+ accompanying
documentation+ associated materials+ and all of its component parts in your
possession or control including from any client server or computer on which it has
been installed.
/.S. -!6&%)2&)T %&ST%(T&* %-HTS@ The Software and documentation have
been developed entirely at private e8pense and are provided as C(ommercial
(omputer Software3 or Crestricted computer software.3 /se+ duplication or
disclosure by the /.S. -overnment or a /.S. -overnment subcontractor is sub7ect to
the restrictions set forth in subparagraph 0c10>10ii1 of the %ights in Technical *ate
and (omputer Software clauses in *"$%S K?K.KKL5L0>3 or as set forth in
subparagraph 0c10>1 and 0K1 of the (ommercial (omputer Software %estricted %ights
clauses at "$% ?K.KKL5>G+ as applicable. The (ontractor/ 2anufacturer is the
'icensor at the location listed below.
&H/T$,'& %&2&*&S@ You hereby agree that if the terms of this $greement are not
speci9cally enforced+ 'icensor will be irreparably damaged+ and therefore you agree
that 'icensor shall be entitled+ without bond+ other security+ proof of damages+ to
appropriate e:uitable remedies with respect any of this $greement+ in addition to
any other available remedies.
)*&2)TY@ You agree to indemnify+ defend and hold 'icensor+ its partners+
licensors+ aBliates+ contractors+ oBcers+ directors+ employees and agents harmless
from all damages+ losses and e8penses arising directly or indirectly from your acts
and omissions to act in using the Software pursuant to the terms of the $greement.
2S(&''$)&!/S@ This $greement represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations between them. t may be amended only by a writing e8ecuted by
both parties. f any provision of this $greement is held to be unenforceable for any
reason+ such provision shall be reformed only to the e8tent necessary to make it
enforceable and the remaining provisions of this $greement shall not be a<ected.
-!6&%))- '$#. This $greement shall be construed 0without regard to conMicts or
choice of law principles1 under the laws of the State of )ew York+ as such law is
applied to agreements between )ew York residents entered into and to be
performed within )ew York+ e8cept as governed by federal law. /nless e8pressly
waived by 'icensor in writing for the particular instance or contrary to local law+ the
sole and e8clusive 7urisdiction and venue for actions related to the sub7ect matter
hereof shall be the state and federal courts located in 'icensor;s principal corporate
place of business 0)ew York (ounty+ )ew York+ /.S.$.1. ,oth parties consent to the
7urisdiction of such courts and agree that process may be served in the manner
provided herein for giving of notices or otherwise as allowed by )ew York state or
federal law. The parties agree that the /) (onvention on
(ontracts for the nternational Sale of -oods 06ienna+ >GN01 shall not apply to this
$greement or to any dispute or transaction arising out of this $greement.
" Y!/ H$6& $)Y H/&ST!)S (!)(&%))- THS '(&)S&+ Y!/ 2$Y (!)T$(T )
#%T)- T$4&5T#! )T&%$(T6& S!"T#$%&+ )(. OKK ,%!$*#$Y+ )&# Y!%4+ )Y
>00>K.
$pple $pp Store $dditional 'icense Terms
These license terms are in addition to all other terms of the 'imited Software
#arrantyA 'icense $greement+ and nformation /se *isclosures. f any Software is
provided to you through the $pple nc. 03$pple31 $pp Store+ then the following
additional terms and conditions in this paragraph apply. This $greement is solely
between you and 'icensor+ and not with $pple. You acknowledge that $pple has no
obligation to furnish any maintenance or support services to you in connection with
the Software. n the event of any failure of the Software to conform to the 'imited
#arranty in this $greement+ you may notify $pple+ and $pple will refund the
purchase price for the Software. &8cept for the foregoing+ to the ma8imum e8tent
permitted by applicable law+ $pple will have no other warranty obligation
whatsoever with respect to the Software. $ny claim in connection with the
Software related to product liability+ a failure to conform to applicable legal or
regulatory re:uirements+ claims under consumer protection or similar legislation or
intellectual property infringement are governed by this $greement+ and $pple is not
responsible for such claims. You must comply with the $pp Store Terms of Service+
including the /sage %ules. The license to the Software is a non5transferable license
to use the Software only on an i.hone or i.od touch that you own or control. You
represent that you are not located in any /.S. embargoed countries or on the /.S.
Treasury *epartmentPs list of Specially *esignated )ationals or the /.S. *epartment
of (ommerce *enied .ersonPs list or &ntity 'ist. $pple is a third party bene9ciary to
this $greement and may enforce this $greement against you.
$ll other terms and conditions of the &/'$ apply to your use of the Software.